History of Cumberland Co., Maine, Part 90

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 780

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After the destruction of the town, nineteen years of war with the Indians and of uncertainty intervened before any attempt was made at resettlement. The saw-mill was re- built previous to 1719 by Nathaniel Weare, of Hampton. In May, 1722, upon petition of the inhabitants and others interested in lands in the town, the General Court appointed William Tailer, Elisha Cook, William Dudley, John Smith, and John Powell " a committee to regulate the settlement and manage the prudentials of the town for present." An honorable committee it was, too. Tailer lived in Dorchester, and had been lieutenant-governor of Massa- chusetts ; William Dudley was a sou of Governor Dudley and a member of the Council, residing in Roxbury ; Elisha Cook was a distinguished political character ; John Smith was a merchant in Boston, and a brother of Rev. Thomas Smith, the first minister in Falmouth ; John Powell was a merchant in Boston, and afterwards a resident of North Yarmouth, and father of Judge Powell, first judge of the

* Since writing the above we find that Moses Felt was a resident of North Yarmouth in 1660. lle says, in a deposition made in Boston, May 10, 1733, that llenry Sawyer built a saw-mill "upon the lower- most falls on the east side of the river," before the first Indian war, " which was possessed by said Sawyer till they removed from thence in the first war." Moses was a hrother of George Felt. He says in his deposition that Georgo Felt, Francis Neal, and Jenkin Williams bought a large fraet of land of the Indians on the Presumpscot River, part of it adjoining the lower falls, but never made any improvement on it.

Marian Bixton !!

WILLIAM BUXTON, the eldest in the family of Jeremiah and Jane G. (Drinkwater) Buxton, was born at North Yarmouth, Me., Oct. 28, 1796. He spent his boyhood at home on the farm till he was seventeen, when he formed a copartnership with his father as a ship-builder, in which business the latter had been engaged for several years at North Yar- mouth. He early interested himself in the affairs of the town, beginning his career as a town officer some time before he was thirty years of age. He filled every office of importance in the town ; was select- man seventeen years, and was its representative to the Legislature thirteen years. He was also for two years one of the Governor's council. For many years he was one of the trustees of the school fund of the town, and a trustee of North Yarmouth Academy. He was also a director of the Andros- coggin and Kennebec Railroad for one year. He always regarded the town as one of his special trusts, guarding its interests with a watchful eye, never losing his devotion to its affairs, until failing ener- gies and wasting disease began to make their sad inroads upon a formerly strong constitution and

well-balanced mind. His method and accuracy in business was early imbibed, and fastened, by many years of intimacy with Gen. Edward Russell, one of the former worthies of North Yarmouth, whose systematic and careful business method he took great pride in alluding to as a model for town officers to imitate.

On Oct. 27, 1836, he married Jane, daughter of Samuel and Jane Chadbourn, of North Yarmouth. Of this union were born two children,-Abbie .A., born May 16, 1838, died July 19, 1860; and Wil- liam M., born April 19, 1848, and died Sept. 4, 1878.

About twenty years previous to his death, which occurred July 27, 1873, Mr. Buxton discontinued his business of ship-building and settled upon a farm, and at the time of his death was one of the largest real-estate owners in the town. He was originally a Whig, but latterly a Democrat.

In his death his family lost a kind and tender husband, a loving and indulgent father, and the entire county one of its most prominent and honored citizens.

341

TOWN OF NORTH YARMOUTH.

Court of Sessions of Cumberland County. Ile died in North Yarmouth in 1742.

The old town records, which had been taken away at the commencement of the late war, were in the hands of Capt. Samuel Phipps, of Charlestown, and were by order of the General Court taken to Boston and preserved.

The committee held their first meeting at the house of John Powell, in Boston, in April, 1723, and appointed John Smith clerk. Under their management the ancient settlers and their heirs received the first attention, and these with new proprietors made up a settlement of 100 souls. The new proprietors drew their lots at the residence of James Parker, in North Yarmouth, in 1727. Each proprietor, to entitle him to a deed of his home-lot and a share in after divisions, was required to erect before the 1st of June, 1729, "and well finish a convenient dwelling-house, to clear and fence five acres of his home-lot, and to repair to, abide and remain in North Yarmouth, either in person or by some able-bodied man, and reside there till the expira- tiou of that time."

In May, 1730, there were 41 houses and 12 frames. All expenses, including building the meeting-house, the min- ister's salary, and the surveying of the lands, were defrayed by a tax upon the home-lots,-pretty hard conditions for a new and poor settlement, in which the productive property amounted to scarcely anything. No wonder the minister, the surveyors, and the carpenters complained that they were not well paid ! The collectors also complained because the proprietors were unable to pay.

The committee continued to manage affairs for the in- habitants until April 6, 1733, when, upon their report and recommendation, the General Court passed an order author- izing Samuel Seabury, Esq., of North Yarmouth, to " call a meeting of the inhabitants as soon as may be, to choose selectmen, constables, and other ordinary town officers." Accordingly, a meeting was held in the meeting-house at which the town was duly organized by the choice of officers, which organization has continued without interruption to the present day. Samuel Seabury was chosen Moderator ; Barnabas Seabury, Clerk ; Jedediah Southworth, Treasurer ; Jacob Mitchell, Joseph Chandler, and Francis Wyman, Selectmen ; Jacob Mitchell, Joseph Chandler, and Cornelius Soule, Assessors ; and Edward King, Constable.

INDIAN DISTURBANCES IN 1746.

In June of this year, Joseph Swett, of Falmouth, was killed while riding on horseback near where Capt. Andrew Blanchard now lives. Philip Greely was killed the same year, near the present residence of David True, by a party of Indians secreted in a gully by the road, waiting for an opportunity to attack Weare's garrison. It is thought that the life of Mr. Greely saved the garrison, as the party find- ing that they were discovered, abandoned their purpose of attacking it, and left the neighborhood.

In June, 1748, Ebenezer Eaton was killed on the old road on the south side of the ledge, and Benjamin Lake was taken prisoner.

In the spring of 1751, Joseph Chaudler and Solomon and David Mitchell, young lads, were captured by the Indians near the present residence of Mr. Oakes. The two

oldest boys were recovered by their friends in two or three years, but the youngest remained a captive ten years, and was not restored till the general peace after the conquest of Canada.

The last attack of the Indians in this quarter was upon the house of Mr. Maine, at Flying Point, May 4, 1756. Mr. Maine was killed, his wife was wounded by a shot which killed a child in her arms, and a girl by the name of Skinner was taken prisoner. During these perilous times " almost everybody's house was a garrison, and every man carried a gun to meeting."*

REVOLUTIONARY PERIOD.

The respite from Indian wars was soon interrupted by the war of the Revolution. The spirit of the town of North Yarmouth during this period is forcibly shown by the following vote at a full town-meeting on the 20th of May previous to the Declaration of Independence, which, but for such hearty and patriotic support through the New England town-meetings, probably never would have been made, and but for the resolute backing they gave their vote when the time of action came, never could have been made a fixed fact :

"Voted, unanimously, That should the Honorable Congress, for the safety of the United Colonies, declare their independence of the Kingdom of Great Britain, the inhabitants of this town do solemnly engage with their lives and fortunes to support Congross in the measure."

INDIAN GRANT.

The question of an Indian title to lands partly in this town and partly in New Gloucester, involving a litigation which lasted till 1748, was one of the most important law- suits ever engaged iu by the inhabitants of this town. Robin Hood and other sagamores had sold to Thomas Stevens, of Kennebec, " for a valuable consideration," a tract of land two miles wide on each side of the Wescus- togo River, from the first falls to the head, and including " every branch and creek thereunto belonging," in 1673, the deed of which was never acknowledged. Stevens sold the tract to Col. Gedney, of Salem, and Henry Saward, of York, Oct. 12, 1674, who built a saw-mill upon it, which was burnt in King Philip's war, and was rebuilt by Capt. Walter Gendall, who purchased the Indian claim of Ged- ney in 1681. Gedney had come into full possession of it by foreclosure of mortgage against Saward, who had bor- rowed money to build the mill and had failed to pay. Gen- dall also, in turn, mortgaged the land to Gedney to secure payment of the purchase-money (£110), which he never paid, and in July, 1684, the whole property became Ged- ney's the second time. There were then on the premises one saw-mill, one grist-mill, one dwelling-house, with about four acres cleared on the east side of the river, and a hovel and about the same quantity cleared on the west side. All these were destroyed by the Indians in 1688, and Nathaniel Weare, who had purchased one-third of the claim, built a third saw-mill.

Soon after the town was resettled, in 1722, the proprie- tors (disregarding this Indian claim) laid out upon it the " 120-acre divisions" and the " 280-acre squadrons,"

# Mrs. Clough, qnoted by Mr. Russell.

342

IIISTORY OF CUMBERLAND COUNTY, MAINE.

amounting to about 7000 acres of land. Subsequently, in 1730, a number of persons appeared as proprietors of the tract, some of whom had bought into it for purposes of speenlation,-people from Boston, London (England), and other parts of the country. They brought an action and obtained judgment " for partition to be made of and in a certain tract of land, lying partly within and partly adjoin- ing the town of North Yarmouth, containing about 100,000 acres of land, with the buildings and appurte- nances thereunto belonging," bounded as described in the Indian deed to Stevens. Partition was accordingly made, in which one-sixth was set off to Peter Weare, son of Na- thaniel Weare, and one-sixth to Joseph Fellows.

The proprietors of North Yarmouth, in 1730, probably with a design of testing the Indian title, granted to Samuel Seabury and Jacob Mitchell " so much of the river at the lower falls as may be needful for a grist-mill," and 10 aeres adjoining. Seabury and Mitchell built the mill, and it appears that Weare had some share in it; but in 1733, Nathaniel Emmes commeneed an action against the owners and recovered judgment and costs. Not discouraged by this failure, the proprietors in 1741 commenced action against the claimants for that part of the claim lying in the Gore, and the next year another action for the 120- acre divisions, which actions were tried, continued, and re- newed until 1748, when the proprietors obtained judgment with costs .* Thus was it finally decided that the Indian title was invalid, or that Indians have no right to the soil in fee-simple which they can legally convey ; this principle has been recognized throughout the United States, and wherever titles are based on purchases from the Indians, they have been possessory titles, confirmed by the courts. When this question, through the perseverance of the pro- prietors, was finally decided in North Yarmouth, the town was freed from a hindrance and a burden which it had long seriously felt. The town of New Gloucester paid part of the expense of carrying on the suit.

RELIGIOUS.

FIRST CHURCH OF NORTH YARMOUTH.

We quote from Mr. Russell's history the following :

"A tax was assessed upon the home-lots for raising money to build a meeting-house in April, 1729. I find nothing further on record, or on file, respecting it that year, except a proposal from a carpenter in Melford to do the work. As a meeting was held in this house April 24, 1730, to give a call to Rev. Mr. Cutter, there is no doubt the building was raised and the outside partly finished in 1729. The boards were rafted from the mill at the lower falls, I suppose, to Larrabee's Landing, there being no road by which lumber could be hauled from the mill to the meeting-house. Five years after a committee was appointed to elapboard the house, and finish all except making the pews. In two years more a vote was passed to plaster the meeting-house overhead, and lay part of the floor. The steeple was raised the next year, and the pew-ground or- dercd to be laid out.

" 'The steeple was never furnished with a bell, but the

inhabitants about this time contrived a substitute, for we find that in March, 1738, the town ' voted £5 be allowed Mr. Seth Mitchell for beating a drum on the hill behind the meeting-house, every Sunday morning and noon, to no- tify the time of publie worship, for the year ensuing.' In 1739, ten years after, the building was raised, the pews were finished, and divided by lot among the proprietors of the house-lots. In 1762 the town voted to enlarge the house by putting a picce in the middle. The work was imme- diately commenced, and the expense defrayed by the sale of the additional pews. In this state it has remained, with occasional repairs, till the present time, and is, I have no doubt, the strongest meeting-house built of wood now standing in the State, and I presume the only one that was never lighted for an evening lecture. This house was the place for holding proprietors' meetings, town and parish meetings, a great number of years. The garret was used for the magazine of military stores ; the adjacent common was the place for military musters; and within half a cen- tury the green in the rear of the meeting-house has been ornamented with a pair of stocks and a whipping-post. In 1665, the town, then Wescustogo, was presented and fined forty shillings : for not attending to the Court's order for making a pair of stocks, cage, and a ducking-stool.' I pre- sume the whipping-post and stocks erected one hundred years after were in compliance with some statute, to avoid another fine.

"Among the things which recall to our remembrance the fashions of former times, the ' horse-block' deserves a place in its history. For many years a large congregation assem- bled for public worship in this house, when there were not two carriages in the town in which persons could ride to meeting ; yet every horse carried as many as at the present time, and to accommodate the ladies a large piece of timber was placed at the east end of the meeting-house, about three and a half feet high, with steps at one end. When the congregation was dismissed this became the centre of a most animated scene. The top was immediately occupied. Men and boys, soon mounted, came around with the pillion ; the horse hardly stopped to receive his burden ; a lady was ready to occupy a seat behind her husband; another tossed a child into her lap, and the next moment was on the sue- ceeding horse herself. In this style half the assembly were in a few minutes, without confusion or disorder, on their way home, the horses two or three ahreast, and conversation was carried on by the riders, either grave or gay according as impressions had been made upon their minds by the sermon of the preacher.

" The first minister employed here, of whom we have any record, was Rev. Samuel Seabury, who preached from 1727 to November, 1729. He received an invitation to settle here, which was not accepted. Rev. Ammi-Raha- mah Cutter, who began to preach here Nov. 10, 1729, and was ordained Nov. 18, 1730, became the first setted pastor. Ile was dismissed from the pastoral office Dec. 12, 1735, after which he entered the practice of medicine, and became a citizen of much prominence. Rev. Nicholas Loring, from Hull, Mass., was ordained Nov. 10, 1736, and remained the pastor of the parish until his death, July 31, 1763. Rev. Edward Brooks, from Medford, Mass., suceceded Mr.

# Edward Russell, History North Yarmouth.

Photo, by l'onant, Portland.

Anis

Of the leading physicians who in this part of the State commenced the practice of their profession carly in this century, no one has been more favorably known than Dr. Amos Osgood, of North Yarmouth, who died in that town, March 19, 1874, after only a week's illness.

Dr. Osgood was born at Conway, N. H., March 23, 1792, and received his medical education mainly at a private medical school at Fryeburg, instituted by Dr. Alexander Ramsay, a Scotchman, and a gentleman of rare medical culture for those times.

The class was composed of such men as Drs. Reuel Barrows and Ira Towle, of Fryeburg ; Dr. Jonathan Thomp- son, of Conway, N. H .; Dr. Wm. Swett, of Brownfield, - men of marked character and ardent professional zeal.

The ordinary course of lectures Dr. Osgood attended at Concord, N. H., and obtained his diploma from the State Medical Society, at that time authorized to confer degrees. fle commenced the practice of medicine at Waterford, Me .; remained there about a year, and then removed to North Yarmonth, where he continued in the active duties of his profession for over forty years, and until his failing strength admonished him that he should resign to other hands the more exacting labors of the position. He occasionally prescribed for and visited his old friends till within two years, when he expressed a lack of confidence in his dis- crimination of symptoms and judgment respecting treatment.

Dr. Osgood was ardently devoted to his profession. While his strong common sense and sound practical judg- ment were of great value in the difficulties of daily practice, he yet carefully and continually studied, seeking to make himself master of the theory of medicine and of the bearings of general science upon the profession. In conversation with him one could not fail to receive the impression that he was a remarkably intelligent practitioner. It is greatly to be regretted that his modesty prevented him from re- porting any of the many remarkable cases which came under his care, and which, as was his wont, he observed with unusual patience and thoroughness.

The poor and destitute always found a friend in Dr.

Osgood, and it can be fairly said of him that he never re- fused his professional services even where there could be no compensation expected. Ile would often say that he thought it more incumbent upon him to attend on such calls than those from wealthier patients. Although always pressed by the urgent activeness of a wide practice, Dr. Osgood found time to devote dne attention, as a citizen, to public affairs. Often solicited to take office, he never did so but once, being elected by a large majority, and serving with much credit in the Ilouse of Representatives in 1862. In town and parish affairs he always maintained a lively interest, and ever manifested a generous and practical public spirit. Ile was a counselor of remarkable prudence, and his kind sympathy and wise advice were continually effectual, and have done much to relieve care, remove difficulties, and adjust differences.

Although not a professed Christian, he was through his life a firm believer in the distinctive doctrines of evan- gelical religion, and a liberal and reliable supporter of all the institutions of the Gospel. Ile was superintendent of the first Sabbath-school in North Yarmouth. He was al- ways a strict observer of the Sabbath, and, until infirmities intervened, his seat in the church was never vacant unless professional duties called him from it. So far as possible, he arranged his visits to allow him the Sabbath for its ap- propriate uses, and for many years before he closed practice he was in the habit of giving all he received for Sunday calls to benevolent purposes. His children recall the carn- estness and regularity with which he catechised them upon religions topies, and his habitual explanation of the Serip- tures, as they read of a Sunday evening. Hle maintained family worship regularly, conducting it personally whenever he could.

A worthy man in all the relations of life, it would be safe to say that no one during the last forty years of his life more largely influenced the community in which he lived.

He married, Jan. 20, 1825, Miss Lucy B. Chase, of North Yarmonth. Of this union were born seven children, five of whom are living.

Photo, by Conant, Portland.

WILLIAM OSGOOD, M.D., eldest son of Amos and Lucy B. Osgood, was born in North Yarmouth, Nov. 12, 1825. He received his preparatory educa- tion at the North Yarmouth Academy, entered Bow- doin College in 1842, from which he graduated with the usual honors in 1846. His medical education was mostly received at Bowdoin and Harvard Medi- cal Schools, and he received the degree of M.D. at the former school in the spring of 1850. Since graduating he has remained in continuous prac- tice at North Yarmouth. He married, Nov. 20, 1860, Sarah E. Gammans, of Belfast, Me., of which union have been born two sons,-Henry A. and George G.

Dr. William Osgood's skill and success in his pro- fession have earned for him an exceptionally large practice and a wide and well-deserved popularity. Well read in the literature of medicine, and abreast with the advances of the times in the science and methods of the profession, he is an efficient and honored member of the County and the State Medi- cal Associations, having been chosen to official posi- tions in these organizations. As a wise, kind, and conscientious medical man, the qualities in which lies the chief commendation of this voeation, those who know him best hold him in highest esteem and re- gard. A man of enlightened public spirit, he has, notwithstanding the exacting demands of his profes- sion, found time and inclination to take an important part in promoting social, religious, and educational interests.

His townsmen have confided to Dr. Osgood a lead-

ing share in the administration of their political and municipal affairs, and his discharge of the responsi- bilities thus arising has met general acceptance, and been marked by acknowledged enterprise, ability, and integrity, while from time to time his fellow-citizens have chosen him as their representative to decide and direct in the wider relations of politics. Holding his opinions with a good degree of tenacity, opposi- tion has sometimes, as was natural, manifested itself, yet opponents allow his courtesy and candor, and admit that his positions are not assumed without thoughtful consideration. Economy and judicious management have given him a good measure of finan- cial prosperity without working detriment to profes- sional faithfulness.

Dr. Osgood has certainly won the right to be en- rolled among the influential men of the county. The endowments, energy, and diligence by which his thor- ough education and subsequent professional standing have been secured are a guarantee of larger activities in the future, which shall continue to make good the reputation of the family line for talent, usefulness, and success.

In politics Dr. Osgood is a Republican, and in re- ligions persnasion a Congregationalist. For twenty- one years he was town clerk, served for several years on the school committee, and is treasurer of the North Yarmouth school fund. He is pension ex- amining surgeon ; and, as vice-president of the State and president of the County Medical Associations, his acknowledged executive ability gave him merited place among the members of those organizations.

343

TOWN OF NORTH YARMOUTH.

Loring, his ordination being celebrated in a sumptuous manner, July 4, 1764. The last minister settled by the town, in the old meeting-house, was Rev. Tristram Gilman, from Exeter, N. H., a graduate of Harvard College in 1757, who was ordained in November, 1769. Rev. David Shepley, in speaking of Parson Gilman, says, ' Possessing a vigorous frame, endowed with strong features in his mental constitution, studions, evangelieal, ever diligent and enterprising in the studies of bis ealling, he soon obtained uncommon ascendency over the minds of his peeple, rose to eminenee in the vicinity, and at his departure left his strong impress on the place blessed by his long-continued and suc- cessful labors and influence.'"

In 1791 a general revival of religion occurred in the neighborhood of Walnut Hill, which continued through the year, and resulted in a petition, in 1794, from 130 men, heads of families, for the formation of a separate parish, to be called the Northwest Religious Society of North Yar- mouth. The bounds included in the petition became those of the town, by its incorporation in 1720.

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History of Cumberland Co., Maine, Part 90

Author: Clayton, W. W. (W. Woodford) Publication date: 1880 Publisher: Philadelphia, Everts & Peck Number of Pages: 780

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 780