USA > Maine > York County > Kennebunkport > History of Kennebunk Port, from its first discovery by Bartholomew Gosnold, May 14, 1602, to A. D. 1837 > Part 18
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The baptist society in the village finding it difficult to support their minister, Mr. Milnor,t he was dis- missed in May ; and the society had no regular preach-
* Jan. 4, 1835, was a remarkably cold day. The mercury by Farenheit's thermometer was 30 degrees below zero. In the morning, the chimnies of a large house in the village, which had been uninhabited for several weeks, appeared to emit as dense col- umns of smoke as any in the neighborhood. The comparatively warm air from the house, coming in contact with the cold atmos- phere, became condensed into a vapor, as from the chimnies of houses in which there were fires.
tMr. Milnor was settled May 30, 1835, for one year.
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ing till March, 1837, when their present pastor, the Rev. Clark Sibley, was engaged.
The village being at one extremity of the town, the inhabitants generally had no interest in keeping the village clock and bell in repair, or in purchasing fire engines and other fire apparatus ; and the expense for these purposes was unequally borne by the citizens of the village. To obviate this difficulty a number of the inhabitants petitioned the Legislature to incorporate the village for these specific purposes. The request was granted, and the following act was passed.
STATE OF MAINE. In the year of our Lord one thousand eight hundred and thirty-seven.
AN ACT CREATING THE KENNEBUNK-PORT VILLAGE COR- PORATION.
SECTION 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That the territory embraced within the following described limits, to wit : Beginning at the mouth of Bass Cove, on Kennebunk river-thence by the branch of said Cove, called Rhode's brook to the town road-thence N. E. one hundred rods,-thence southerly, to include the house of John Curtis-thence southerly to the sea, through the middle of Great Pond-thence by the sea shore to the mouth of Kennebunk river-thence by said river to the mouth of Bass Cove, above mention- ed, in the town of Kennebunk-port, together with the inhabitants thereon, be, and the same hereby is created a body politic and corporate by the name of the Ken- nebunk-port Village Corporation.
SECTION 2. Be it further enacted, That said Corpo- ration is hereby invested with the power, at any legal meeting, called for the purpose, to raise such sums of money, as may be sufficient for the purchase, repair and preservation of one or more Fire Engines, Engine Houses, Hose, Buckets, Ladders or other apparatus for the extinguishment of fire, for the construction of res- ervoirs, and aqueducts for the procuring of water, and for organizing and maintaining within the limits of said territory, an efficient Fire Department ; and also to
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raise a further sum not exceeding one hundred dollars annually to defray the expense of ringing one of the bells in said village ; and of keeping in repair the public clock.
SECTION 3. Be it further enacted, That any money raised by said Corporation, for the purposes aforesaid, shall be assessed upon the property within the territory aforesaid, by the Assessors of said Corporation, in the same manner as is provided by law for the assessment of County Taxes ; excepting that polls shall not be taxed. And said Assessors may copy the last valuation of said property by the Assessors of the town of Ken- nebunk-port, and assess the tax thereon ; or if the said Corporation shall so direct, may correct said valuation, or make a new valuation thereof according to the prin- ciples established of the last State tax, and assess the tax on that valuation.
SECTION 4. Be it further enacted, That upon a cer- tificate being filed with the Assessors of the said Corporation by the Clerk thereof, of the amount of money raised at any meeting for the purposes afore- said ; it shall be the duty of said Assessors, as soon as may be, to assess said amount upon the estates of per- sons residing on the territory aforesaid, and upon the estates of nonresident proprietors thereof ; and the as- sessment so made, to certify and deliver to the Treas- urer or Collector of said Corporation, whose duty it shall be to collect the same, in like manner as County and town taxes, are by law, collected by towns ; and said Corporation shall have the same power to direct the mode of collecting said taxes, as towns have in the collection of town taxes.
SECTION 5. Be it further enacted, That the officers of said Corporation shall consist of a Supervisor, Clerk, Treasurer, Assessors, Collector, Fire Wardens and such other officers, as may be provided for in the bye- laws of said Corporation ; which said Fire Wardens shall have exclusively, all the power and authority within the limits of said Corporation, that Fire wardens now have, or may have, chosen by towns in town meet- ing.
SECTION 6. Be it further enacted, That said Corpo- ration at any legal meeting thereof, may adopt a code
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of bye-laws, for the government of the same, and for the efficient management of the Fire Department afore- said ; Provided, the same are not repugnant to the laws of the State.
SECTION 7. Be it further enacted, That no person shall be entitled to vote at any of the meetings of said Corporation, who shall not be liable to be taxed for the purchases aforesaid.
SECTION 8. Be it further enacted, That Silas Moody or Joshua Herrick, or either of them be, and they hereby are authorized to issue a warrant directed to some member of said Corporation, requiring him to notify the members thereof, to assemble at some suita- ble time and place in said Kennehunk-port, by posting up notices in three public places in said Village, seven days at least, before the time of said meeting.
SECTION 9. Be it further enacted, That this Act shall take effect and be in force after the same shall be accepted by a vote of two thirds of the legal voters present at a meeting of said Corporation, called agree- ably to the eighth section of this Act.
In the House of Representatives, February 24, 1837, This Bill having had three several readings, passed to be enacted. H. HAMLIN, Speaker.
In Senate, February 25, 1837, This Bill having had two several readings, passed to be enacted. J. C. TALBOT, President.
February 25, 1837. Approved, ROBERT P. DUNLAP.
The first meeting was called March 22, and the act almost unanimously accepted. The officers named in the act were chosen, and the following code of BYE- LAWS adopted.
ARTICLE 1 .- The annual meeting of the corporation shall be holden on the Tuesday following the first Monday of April.
ARTICLE 2 .- The business acted on at any meeting of the corporation shall be distinctly stated in the war- rant, calling the same under the hand of the clerk.
ARTICLE 3 .- The officers of the corporation shall be
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a Supervisor, Clerk, Treasurer, Collector, three Asses- sors, and five Fire Wardens, all of whom shall be chosen by ballot at the annual meeting, and shall hold their re- spective offices till others are chosen in their stead.
ARTICLE 4 .- The Supervisor shall preside at all meetings of the corporation,-except while electing that officer, when it shall be the duty of the Clerk to preside ; -he shall also take charge of the engines, hose, hooks, ladders, and all other fire apparatus belonging to the corporation, and see that they are kept in good order and ready for use,-for which purpose he is authorized to make all such contracts as may be necessary, sub- ject to the approval of the executive board.
ARTICE 5 .- At all fires, and all other times when there may be duties to perform, all members of the fire department shall be under the direction of the Su- pervisor, and in his absence the senior Fire Warden present.
ARTICLE 6 .- The Clerk shall be sworn to the faithful performance of the duties of his office-he shall record all votes and keep a record of all the doings of the corporation.
ARTICLE 7 .- It shall be the duty of the Clerk to no- tify all meetings of the corporation by posting up notifications in three public places, seven days at least before the time of said meeting. He shall also notify special meetings in the same manner, at the written request of any seven legal voters of the corporation.
ARTICLE 8 .- The Treasurer shall receive and safely keep all money collected by the Collector, and pay it out on drafts from the Assessors for the purposes of the corporation. He shall also give bonds when required, for the faithful discharge of the duties of his office.
ARTICLE 9 .- The Assessors shall assess all money voted to be raised by the corporation equally on the property within the limits of said corporation-and commit a list of said assessment, with a warrant an- nexed, to the Collector for collection, and shall file a copy of the list with the Clerk.
ARTICLE 10 .- It shall be the duty of the Collector, to gather and collect all rates or taxes assessed and committed to him, and pay the same over to the Treas- urer.
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ARTICLE 11 .- The Fire Wardens, in addition to the duties usually devolving on them at fires, &c. shall examine shops and all other places where shavings and, other combustible materials may be collected and de- posited, and from time to time, and at all times, be vigilant in causing the removal of the same whenever, in their opinion, the same may be dangerous to the security of the public from fires-also to examine into the security of all stoves, stove-pipes, funnel, flues and chimneys within the limits of this corporation ;- and if any person or persons shall neglect or refuse to remove any such source of danger, after being duly notified by a fire warden, he shall forfeit and pay a fine of two dollars, to be sued for and recovered in an action of the case, by the Clerk, for the use of the corporation.
ARTICLE 12 .- The Supervisor, Clerk and Assessors shall constitute an executive board, whose duty it shall be to agree with some suitable person or persons to ring one of the bells in this village, and to keep in repair and going the public clock-and also to make such provis- ion for reservoirs of water as they may deem necessary for the public safety.
ARTICLE 13 .- It shall be the duty of the executive board to make such rules and regulations as may be necessary for the government of the engine companies, and for effectuating all the purposes, authorized by the act of incorporation.
ARTICLE 14 .- All the officers of this corporation shall perform their respective duties gratuitously.
ARTICLE 15 .- These Bye-laws may be altered, amen- ded or added to, by vote of the corporation at any regular meeting of the same, provided said alteration, amendment or addition has been proposed for consider- ation at the last previous meeting of the corporation, or has been inserted in the warrant calling said meeting.
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CHAPTER X.
Extent and boundaries of the town .... Sixteen Islands .... Kenne- bunk river .... Cape Porpoise .... Ponds .... Hills .... Face of the country .... Present population ..... Public buildings ..... Village corporation ..... Public roads ..... Annual expenses .... State of the Treasury ..... Duties ..... Business ..... Granite Companies ..... Temperance ..... Schools ..... Professional men ... Public men .... Present prospect of the town.
KENNEBUNK-PORT is bounded on the east side by Little river, which separates it from Biddeford up to Scadlock's falls, thence by a northwest line eight miles to Lyman line ; on the north by a line which divides it from Lyman, southwest to Kennebunk river ; on the west by the river which separates it from Kennebunk ; and on the south by the sea. The average length of the town is about nine miles, and its breadth little more than three miles, it being over four miles wide at the sea shore, and less than three at the head of the town ; -containing about thirty square miles.
An opinion generally prevailed, that the western limits of the town extended beyond Kennebunk river. In 1731, when Mr. Stoddard and others claimed the town under Hegan's deed, it was described on the town records as being bounded on the west side by a line running northwest from Kennebunk river, at the point where a southwest line from Scadlock's falls would strike it. Also in 1749, when some of the in- habitants of the town petitioned to be united with the second parish in Wells, it was reported by those who had charge of the petition, that the members of the General Court advised them to ask for a northwest line from Kennebunk river which would undoubtedly be granted ; and in 1768, " it was Put to vote To se if the Town would try for a Norwest Line from the Mouth of Kennebunk River Eight miles into the Coun- tery, and it Past in the Negative." So fully convinced were some of the inhabitants that they were entitled to a northwest line, that they absolutely run it out, and ascertained that the dwelling house of the late Joseph Storer was near the line. However confident they
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might be as to this right, it is very certain they were mistaken. If the agents of either Gorges or Rigby laid out the township bounded as was supposed, it was never recorded on the county records ; and if it had been so bounded, the agreement of the Wells and Cape Porpoise commissioners in 1660, must have settled the question at that time ; and neither the deed of Presi- dent Danforth, in 1684, nor the act incorporating Ar- undel in 1719, mentions the bounds of the town.
Within the limits of the town are sixteen islands. The most westerly one, lying about half way between Kennebunk river and Cape Porpoise, is Bunkin Island. It was granted by the town in 1719, to John Cole, whose widow, Mary, deeded it to Robert Cleaves in 1771. It is a small island, containing about two acres, and of but little value. It was formerly covered with savan bushes, but now produces nothing but gooseber- ries. The other islands are the cluster that form Cape Porpoise. The earliest grant of any of them on rec- ord, is the one to Gregory Jeffery in 1648, of Folly, Goat and Green Islands. Jeffery deeded them in 1658 to Major Pendleton, who gave them to his son James in 1677. Being of but little value, it is probable that James Pendleton, who removed to Connecticut, never conveyed them. John Hamer, however, gave Thomas Perkins of Cape Porpoise a deed of Goat Island in 175S, and his heirs claim it by that title. Benjamin Jeffery also gave a deed of this island, subsequent to Hamer's, to Hugh McCulloch, whose heirs likewise claim it. When the light-house was built in 1834, no grant being found on the County records, the Agents of the states of Massachusetts and Maine, gave a title to the United States, and received pay for it. Joshua Carr, in 1771, deeded Green island to Ebenezer Hov- ey ; and Jeffery afterwards sold Green island and Folly Island to Mr. McCulloch.
Trott's Island, which is the largest and well covered with wood, was undoubtedly granted either by Gorges or Rigby, but the grant was not recorded. It received its name from John Trott, who was an early settler at Cape Porpoise. If Mr. Trott ever owned the island, his title became extinct, and the town, in 1723, grant- ed it to James Mussey, estimating it at 26 acres. It
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was afterwards purchased by Thomas Perkins, proba- bly of Mussey, and it is now owned by Israel Stone, one of his descendants.
Vaughan's Island, which is the most valuable, hav- ing a growth of hard wood and yielding a quantity of salt hay, was originally known by the name of Long Island. It was probably granted to a Mr. Smyth, as it was afterwards called Smyth's island, but the grant is not recorded. Smyth sold it to Richard Ball, who deeded it to Bryan Pendleton, in 1650, and Pendleton gave it to his son James. Ball, and perhaps Smyth, lived on the island. Several cellars are to be found on it, about which tradition is wholly silent. Pendleton probably also lost his title to this island, as the town in 1723, granted it to James Mussey, except two acres at the northwest point. It was then called Palmer's island, which name it received from Richard Palmer, agent of Major Pendleton, and was said to contain twenty three acres. It took its present name, it is said, from a person of the name of Vaughan, who lived on it, but who did not own it. Mussey probably sold it to Joshua Carr, although the conveyance is not to be found. Carr sold it to Samuel Bickford, who sold it to John Maffatt of Portsmouth. Mr. Maffatt gave it, in 1760, to his daughter Elizabeth, wife of John Sher- burne. Sherburne gave it to his sons Henry and Samuel, and his son-in-law, John Langdon. In 1780, they sold it to Eunice Hovey, widow of Ebenezer Hovey.
Stage Island was probably the first land granted in the town, but there is no record of it. It was owned in shares, as appears by Stephen Batson's deed to Peter Oliver in 1662. Batson sold his " house and stage and two boats rooms upon Stage Island, with all privileges and appurtenances thereunto belonging." The earli- est settlers, perhaps as early as 1620, seated themselves on this island. It is more than a quarter of a mile in length, but quite narrow, containing about fifteen acres. There are marks of cultivation on every part of it, and there is no traditionary account of its ever being inhabited. The first burying place in the town was on the northwest point of the island, which before the recollection of any now living, was washed
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away; and it is now entirely covered at high water. The fort, which was commanded by Lieut. Purinton in 1688, is also on this island, and the remains of it are still to be seen. It was a circular inclosure, about thirty yards in diameter, with two watch towers, which are in good repair. The town also claimed this island, and voted in 1724, " That Stage Island with all the other Islands In Arundel Shall Lay Coman to parpetu- ity or for Ever, For the Use of the In Habitants of Sd. Town." Notwithstanding this very strong vote, which was confirmed by the proprietors at their first meeting, the island, containing eighteen acres, was laid out to Thomas Perkins, in 1732, " except abought one acre whare the Burrying place was formerly, and abought one acre more whare the Fort was built, which Yet re- main for the uses aforesaid." The soil on part of the island is now washed away by the sea, and at high water there are two islands, one of which is usually called Stage, and the other Fort island.
Cape or East Island, which is the outermost one, contained 32 acres, and was granted to James Mussey in 1723.
Redding's Island was laid out to Thomas Perkins in 1732. There was a John Redding, who had a dispute with William Sawyer in 1684, which was referred to Nicholas Morey and John Purinton of Cape Porpoise. Redding admitted he had wronged Sawyer. He prob- ably resided in this town and owned Redding's Island. There was also a Thomas Redding who lived in Saco in 1652.
Bass, Cherry, or Eagle Island, containing three acres, was laid out to Thomas Perkins in 1733. He probably sold it, as it was deeded by Joshua Carr to Ebenezer Hovey in 1771, and the deed was acknowledged be- fore the son of Mr. Perkins.
Milk Island was laid out to Andrew Brown in 1767. Negro Island, containing one acre, was laid out to John Murphy in 1749.
There is no grant to be found of Neck or Bickford's Island. It was part of the property of Sir William Pepperell, and was confiscated at the time of the revolu- tionary war. Savan, Bush and Cedar Islands are small and of but little value.
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Owing to the negligence of the early inhabitants of the town in not having their grants and deeds recorded on the county records, most of these islands have sev- eral claimants .*
The land agents of Massachusetts and Maine, are of the opinion that all of them belong to these States ; and they expressed an intention to sell them. This opinion was probably formed from the circumstance of their not being able to find the original grants of them on the county records, nor Danforth's deed of the town. These papers probably escaped their notice, because the grant to Jeffery of three islands, the only one yet found, was included in a grant of another parcel of land ; and Dan- forth's trustee deed was not recorded till nearly fifty years after it was given. It is quite certain however that the states have no just claim to these islands.
Kennebunk river,-written on the early county rec- ords " Kenibonke,"-which takes its rise in Kennebunk pond in the town of Lyman about twenty miles from the sea and empties into Wells Bay, is navigable only about half a mile from its mouth. It is a barred har- bor, there being only about two feet of water at its entrance at low water. The tide flows twelve feet at spring tides ; and vessels drawing fourteen feet of water have been brought over the bar. About two hundred yards within the bar, is a shallow place caused by a quantity of sunken logs, called the wading place. There is less water here than on the bar. The first county road crossed the river at this place ; and the ferry was here established in 1647. There are two falls on this river, about two miles from the bar, called the upper and lower falls, over which the tide flows at half flood. New vessels of 450 tons burthen are brought over them at spring tides. There were early settlements on this river. William Reynolds lived at its mouth in 1647. Anthony, and Francis Littlefield, sen. lived near Na- son's mills, for a short time, about 1662; and John Purinton, and probably others, lived near Durrell's bridge prior to 1680.
Goffe's mill creek empties into Kennebunk river be- tween the upper and lower falls. John Barrett had
*The grants of these islands were undoubtedly recorded on the town records, which were lost in 1690.
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a mill on this stream as early as 1682; and either he or some other person lived near the dwelling house of Asaph Smith. Col. Edmund Goffe of Cambridge own- ed a mill on it in 1735,-then called Middle river,- from whom it received its present name.
Bass cove was so called as early as 1719. The mill-pond near the village, was called Long creek or Mast cove ; the creek over which Dock bridge is built, from the thick growth on its banks, was called Dun- geon creek; and the creek near the wading place, Harding's cove.
At the mouth of Kennebunk river are two bad rocks, the perch and riding rocks. These are now nearly covered by piers. The first pier was built in 1798 ; and the United States government since 1820, has ap- propriated about $40,000, part of which is still unex- pended. Outside the harbor are several dangerous ledges, the fishing rocks, Spooner's ledge, and the shoal rock. A spire was erected on the large fishing rock in 1834, and a buoy placed near the small one. With- in these rocks, is a tolerably secure roadstead.
The name of this river was undoubtedly given to it by the Indians. It has been said that the word meant " Green banks," but this is very doubtful. There is a traditionary story, that a Capt. Kenney from Salem first came into the river after a cargo of lumber, in a species of vessel called a bunk, and that the river took its name from this circumstance. There can however be no foundation for this story, as the river was known by its present name soon after Salem was settled, and a number of years before lumber was sawed on the river. The word eag signifying land was frequently compounded with other words to indicate the appear- ance or qualities of the places to which they were applied. Quampeagan was so called because fish were taken there in nets, and Naumkeag because the water had a winding course .* Perhaps this river might have been called Keneagbonke for similar reasons. The most probable supposition however, is, that it took the name of some tribe or chief that lived in its neigh- borhood. The Kennebec, differing only in its termi-
* Sullivan.
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nation, had its name from a tribe of Indians called Canibas or Kenebis, governed by a sachem who bore the same name .*
Turbat's creek is at the west end of Vaughan's isl- and. It is very convenient for the fishing business in small boats. There were settlers at the head of this creek at a very early period ; and also at Cleaves's cove which is a short distance to the westward of it.
Cape Porpoise is a small but a very convenient har- bor. It lies at the extremity of the cape, and is the only safe harbor for coasting vessels between Portsmouth and Portland, being equidistant from them. Great numbers put in there during the dangerous seasons of the year. Nearly a hundred have harbored there in one day. The main entrance is between Folly island on the west, and Goat island, on which is a light house, on the east side. There are from 25 to 30 feet of water in the harbor at low water, and it is suffici- ently large for the largest class of merchant vessels to lie afloat at all times. At high water, several hun- dred coasting vessels can harbor with perfect safety.
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