USA > Maine > York County > History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers > Part 62
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HISTORY OF YORK COUNTY, MAINE.
be incorporated into one province by the name of the Prov- ince of the Massachusetts Bay in New England. Maine, as far as Nova Scotia, constituted a county under the name York. In all these changes of administration this town took a lively interest, from the fact that the provincial courts were mainly held here, and thus became for the time being a capital of the province.
INDIAN WARS.
As this town, during the Indian wars, was a border set- tlement, it suffered from every incursion of the savages. Great efforts were made in each of the three first wars by the tribes to entirely destroy the place, but without success. The settlers erected garrison-houses, in which they bravely defended themselves against their wily foes, and, though some fell victims to the watchful hatred and cunning of the red man, the settlements extended and increased. The most disastrous descent made upon the town was Feb. 5, 1692 (25th of January, O. S.), when, early in the morning, upon a given signal, a sudden and unexpected attack was made by a body of two or three hundred Indians, countenanced and directed by several Canadian Frenchmen, who had ac- companied them over the deep snow upon snow-shoes. A scene beggaring description ensued. In half an hour more than 150 of the inhabitants were killed or captured. Those living in the immediate neighborhood of Preble's, Harmon's, Alcock's, and Norton's garrisons, the best defenses in town, escaped to the shelter of their walls, and defended themselves successfully, though often summoned to surrender. About 75 were killed, and nearly 100 captured. All the de- fenseless houses on the northeast side of the river were burned. Fearful of being overtaken by avenging pursuers, the Indians made a hasty retreat, taking their prisoners and what booty they could carry away with them. Severe weather, snow, famine, abuse, and hardships such as sav- ages delight to multiply, aggravated this march to the cap- tives, many of whom died from its effects. Children, re- membering the sufferings and indignities they and their parents endured at the hands of the Indians, nursed a thirst for revenge, and forgot in their conflicts with them their humanity and tenderness. Many became noted Indian fighters, and led men long distances on perilous expeditions against them. Noted among them, and much dreaded by the Indians, was Col. Johnson Harmon.
FIRST TOWN-HOUSE.
Mr. Marshall's address, being at the dedication of the new town-hall, on Feb. 23, 1874, led him to a thorough discussion of the place where the first courts were held and the date of the erection of the first town-house in the village. He spoke as follows :
" I have diligently searched our early records and availed myself of all the information in my power, and I am satis- fied that this court was holden in the meeting-house, then the only one in town, and that its location was on the hill between the house of Mr. William Lunt and Meeting-House Creek, so called, nearly opposite the dwelling-house of Mr. Theodore Ramsdall.
" I am upheld in this belief by facts taken from our early records. I will briefly refer to these records, and I
do this in order to ascertain the time when we first had a town-house, and so connect that event with the event we now celebrate.
" As early as 1699 I find a record of a country road from Wells through Cape Neddick and our village to Berwick, with town ways connecting with and leading from this ' country road,' one of which was the town way leading from the village across the creek known as Mecting-House Creek. The record says, ' And the town way turns out of the country road by the burying-place (our old cemetery), and so to the meeting-house, and from thence to the creek and over where the bridge used to be, and up that lane by John Parker's (now Mr. Albert Bragdon's). And so, as the way goes, by the head of Cove Creek (now Josiah W. Fernald's mill-pond) to Rowland Young's' (now the farm of George Goodwin.
" I also find that May 15, 1710 (eleven years afterwards), the town voted to build a new meeting-house, on the north- easterly side of the country road, by the burying-place, upon the land given for the use of the ministry, and have it fin- ished by the last day of November, 1712.
" I also find that July 15, 1713 (three years afterwards), a parcel of land was laid out to Nicholas Sewall. This laying out, taken in connection with the records just quoted, so perfectly establishes the location of the meeting-house referred to in 1699, and undoubtedly standing in 1653, that I quote the record entire :
"' York, July 15, 1713. Laid out to Nicholas Sewall half an aere of land for a tan-yard, granted to him the 23d day of March last past by said town of York, with the privilege of the spring of water he- tween the new and the old meeting-house, where the said Sewall's tan- yards now are, and is bounded as followeth, viz. : beginning at a stake standing at the northward corner of Mr. Moody's little field, on that side of the way, and runs from thence six poles to a white oak stake marked on four sides (by Moody's land) thence northeast thir- teen poles to another white oak stake marked on four sides, then northwest six poles to a stake standing by the way that leads to the old meeting-house from the country road, and is bounded by said road to the stake first above mentioned.'
" The parcel of land thus described is that now owned by Mr. William Lunt, the house occupied by him being that built by this Mr. Nicholas Sewall. The spring of water named is well known to many present, and many here can remember when the tannery named was in opera- tion. So, then, as early as 1699 a meeting-house, called an old one, stood in the field now owned by Mr. Lunt. I have shown that a new meeting-house was built in 1710 to 1712. The old one, therefore, if of decent age (say fifty-seven years), was standing in 1653, when this first regular court was holden. But it may be asked, Did the town have no town-house from the time of its settlement up to 1713? I think I can safely say it did not. From the earliest entry in our records up to March, 1715, no mention is made of the place where the business of the town was transacted ; but at a meeting holden March 8, 1715, to fix the time of holding annual town-meetings, it was ' voted, that our general town-meeting shall be holden upon the second Tuesday in March hereafter, at our meeting-house, beginning at nine o'clock in the forenoon.' Also on the 19th of June, 1732, a town-meeting was holden in the meeting-house in the First Parish. No evidence is found on the records showing that the town transacted its business
CAPT. CHARLES O. CLARK
was born in York Aug. 6, 1811; was the only child of Thomas and Mary (Vowdy) Clark. His father was a ship-master, born in Bangor, Me., Oct. 8, 1793. Died in York, April 8, 1855, leav- ing several children by a second wife, Nancy, sister of his first wife. He was engaged in the carrying trade between Sonthern ports and Liverpool, Eng- land, until the year 1850, when he engaged in farming solely.
At the age of fourteen years, Charles went into the office of Jeremiah Bradbury, then clerk of the courts for this county, as a writer. Stayed there some two years, then followed the sea with his father. In 1839 he went into trade in York as a partner with Nathaniel G. Marshall, and continued in trade till 1843, when he sold out his interest to Mr. Marshall.
He shortly after took command of a steamer plying between Bangor, Me., and Boston, Mass. Afterward commanded one or more steamers plying between New York and Philadelphia. About 1857 he quit business and engaged in farming, which occupation he followed until his death, December 13, 1874, at which time he held the office of town clerk, having been first elected in 1873. He was married Jan. 29, 1837, to Olive, the daughter of Timothy and Olive (Harmon) Grow. He died without issue. On the maternal side he descended from an ancient family in York. His wife is a direct descendant on the maternal side from Col. Johnson Harmon, the famous "Indian fighter." He was a man of good ability, and died lamented by all who fully knew him.
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TOWN OF YORK.
in any other place up to 1732. At a town-meeting holden May 9, 1726, the first movement was made towards erect- ing a building for the accommodation of courts of justice and the business of the town. On that date I find this record :
"'Voted, that if the justice of the quarter sessions (county commis- sioners) order the building of a court-house in this town, this town shall bear one-half the charge of building said house, provided said town may have the use of said house for holding town-meetings and keeping the grammar school.'
" And on the 5th of December, 1733, £100 were raised towards building a court-house, and on the 20th day of the same month a committee was chosen to join the ' Court's Committee' to 'appoint a place to set said house upon.' And Jan. 28, 1734, it was ' Voted, that this town will join with the county in the building of a court-house in this town, which house shall be for the use of the county to hold courts in, and for a town-house for the use of this town to meet in on all public times.' 'The dimensions to be as followeth : 35 feet long and 28 wide; 20 feet stud : -the lower story 8} feet high ; the upper story 11} feet high ; the beams of the upper story to crown 18 inches ; to have a pitched roof; both rooms to be plastered and whitewashed, and well glazed with sash glass, and to be finished with joinery work, according to the direction of the committee that are appointed by the county and the town ; and that one-half the charges arising shall be borne by the town.'
" It is established, then, beyond doubt that the first build- ing erected in this town for the direct purpose of holding town-meetings was no earlier than 1734, and that up to that date the meeting-house was used for that purpose. And this will appear consistent, when it is remembered that in those times the towns built the churches, granted lands for their support, assessed taxes for the support of preaching, as for any other purpose, and in all things controlled what is now called parochial matters ; but when parishes were organized, the town made no farther provision in this re- spect and ceased to exercise this authority, and the lands and other parochial property passed under the control of the parishes so formed.
" This parish was organized in 1731; consequently, the town after that date ceased to exercise control over the parish property within its boundaries ; nor could it right- fully or legally use it. And then it was that by necessity measures were adopted to erect its first town-house, which was done, as I have stated, in 1733, two years after the parish organization.
" The house just described was probably built very soon after, for I find a parish meeting was holden at the town- house on the 26th of December, 1735, and another April 16, 1742. The first evidence on record of its use by the town bears date May 23, 1745, when the town-meeting was adjourned to the meeting-house, probably because court was in session.
" Nowhere can the words 'town house' be found on the town records until this date, 1745. You will recollect a committee were to select a place ' to set said house upon.' Now, where did the committee locate it ? Until recently I had supposed that it stood nearly on the same spot as this
house,-perhaps a little farther back from the street,-but I am satisfied I was mistaken, for I find this entry on the in- side of the cover of twelfth volume of our Probate Records, in the handwriting of Judge David Sewall while register of probate :
"' 4 elm trees set out between Town House and Meeting House, April 15, 1773.'
" If this entry be correct (and no one will doubt it), the old town-honse stood between the four elms now in front of this house, and the house of Capt. Frank Emerson. I need say no more as to its location, as this entry by Judge Sewall settles the question.
" That house stood there, and was used as a town-house from 1734 to 1811, a period of seventy-seven years.
" I will here briefly allude to the courts and county offices established here. Prior to 1716, from the earliest settle- ment, this town and the town of Saco were the only places in which courts of any importance had been held (except that one term per year was holden in Kittery for a period of about forty years). In 1716 (just one hundred years from the arrival of its first settlers) this town was made the shire-town, or ' place for holding all the courts and keeping the registry of deeds.' In 1735 its honors were divided with Portland (then called Falmouth), that place and this each becoming shire-towns. Up to 1760 this county embraced the whole province. In that year the counties of Cumberland and Lincoln were formed, leaving York County with its pres- ent boundaries and a portion of territory set off to assist in forming Oxford County in 1805. This town then was the principal place for holding the courts from its earliest settle- ment up to 1716. It was the shire-town (by order of the Legislature of Massachusetts) of the whole province of Maine from 1716 to 1735 ; then shire-town with Portland of the whole province from 1735 to 1760; then shire-town of the county of York from 1760 to 1802, when Alfred was made a shire-town with this. About this time great complaint was made of the unsuitable condition of the old town-house for holding courts, and the want of accommoda- tions for judges, suitors, jurors, and attorneys, and the result was that the terms of the Supreme Court were holden in that part of Wells now Kennebunk in 1800 and 1801. Great exertions were also made to constitute Alfred and Kennebunk the shire-towns of the county. These move- ments stirred the people of this town and Kittery and Ber- wick intensely. The result was that this town and Alfred were declared the shire-towns, and measures were adopted by which the county donated $500, this town $600, and individuals in this town and in Kittery contributed gener- ously for the purpose of building this house, which was done in 1810-11. The courts were retained here until 1832, when, on account of our geographical position, all the courts were removed to Alfred, and that place became the shire-town of the county. The office of register of deeds was removed to Alfred, May 3, 1816 (just two hundred years from the arrival of our first settlers). That of county treasurer was removed there in 1813. Prior to 1816 the office of register of deeds had been kept in this towu from its earliest settlement, two hundred years. The last register here was William Frost, who held the office thirty years. He was also county treasurer about the same
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HISTORY OF YORK COUNTY, MAINE.
length of time. Both offices were kept by him in what is now the L of the dwelling-house of Mr. Geo. F. Plaisted.
" The probate office and that of clerk of the courts remained here until 1820 (the date when we became a State), when they were both removed to Alfred. Both these offices were held by Mr. Daniel Sewall at the time of their removal, and were kept chiefly in his dwelling-house, -that now owned by Mr. Lafayette Armstrong. Mr. Sewall was register of probate thirty-seven years, and clerk of the courts twenty-eight years, -was also postmaster from 1792 to 1807, a period of fifteen years,-a practical illus- tration of the civil service system, which at this day so much troubles our virtuous politicians.
" From 1832 to 1873, upwards of forty years, this build- ing had been used for almost every conceivable purpose,- town-house, school-house, hearse-house, etc., without a friend to care for it,-a target for play-balls and harder missiles of unruly boys and ' children of a larger growth,' -' with none so poor as to do it reverence,' until it had become a byword and a standing disgrace to the town. The interest of the county in it had been purchased by the town, and at its usual and subsequent meeting in 1873 money was raised to rebuild and remodel it, as alluded to in the opening of this address. Would time permit, I could speak of the causes of our decline as a place of importance, and trace that decline from its beginning to the present day. The subject would be an unpleasant one, and I forbear.
" Mr. President, this village, now so quiet, has been the scene of bustle and activity. Go back to 1668, when, in July of that year, the Massachusetts Bay Company sent officials here, attended by a military escort, to enforce obe- dience to its jurisdiction.
" These officials took possession of that old meeting- house. During an adjournment at noon the villagers ob- tained possession, and filled the meeting-house to its utmost capacity. The officials then ordered the arrest of some of the leading villagers, and, after a long and acrimonious dis- pute, the villagers left the house in a body, surrendering possession to the officials and the military. And all this took place in that old meeting-house, in this village, now so peaceful and quiet ! ! !
" As I pass from my home to the village over that his- torie hill where that old meeting-house stood, I often think of the bustle and hubbub that took place there two hun- dred and five years ago last July. I look upon the old gray rocks on the west side of the way, and fancy to myself that on that day those old gray rocks were pressed by the feet of anxious and excited men, counseling together, ar- guing pro and con.,-some in favor of conciliation, and some for war to the bitter end ; and now the sun at noonday, and the gentle moon at night, shine upon that spot as brightly and serenely as though it had never been the scene of strife or bitter and angry words.
"Our ancestors were men of pluck ! Numerous examples like that just stated might be given. And they were men of ability !
" That immortal document, ' The Declaration of Inde- pendence,' said to have been drafted by Thomas Jefferson, was made July 4, 1776, and its noble language is familiar to nearly all. It was the production of masterly minds.
" Now let me read a declaration made by our ancestors in this town,-acted upon, fully discussed, and solemnly adopted in town-meeting assembled.
" I will read the preamble made and adopted Dec. 28, 1772, three and a half years prior to Mr. Jefferson's Decla- ration. I read from our town records (vol. 2, p. 166) :
"' At a legal meeting holden in York, Dec. 28, 1772, Joseph Simp- son, Esq., was chosen Moderator.
"' 1. Resolved, That as the Inhabitants of this Town are faithful and loyal subjects of his most Gracious Majesty, King George the third, they are well entitled to his most gracious favor, and to be protected and secured not only in their natural and constitutional rights as Englishmen, Christians, and subjects, but in all and every, the Rights and Privileges contained in the Royal Charter of this Province.
"'2. Resolved, As the opinion of this Town, that divers of those Rights, Liberties, and Privileges have been broken in upon and much Infringed, to the Great Grievance of this Town and Justly alarming to the Province.
"'3. Resolved, That in the opinion of this Town, It is highly neces- sary some just and reasonable measures be adopted for the Speedy redress for such Grievances, so burthensome and distressing to us, which if made known to our most Gracious Sovereign, we can't but flatter ourselves (as our cause is so just) that he will be pleased to remove them.
"4. Voted, That our Representative at the General Court use his ntmost Endeavors and Influence for the Speedy Redress of our Griev- ances, in such wise, moderate, and prudent way and manner as shall appear to him most fit and likely to take effect, and as his Wisdom and Judgment shall dictate.
"' 5. Voted, That the Clerk give out a Copy of the Proceedings of the Town at this meeting to the Selectmen, who are desired to Transmit the same to the Selectmen of Boston, with the Thanks of this Town to that Town for the Early care they have taken of our Invaluable Rights and the Zeal they have for preserving the same.
"' DANIEL MOULTON, Town Cler.'
" I will also read the body of our declaration, made Jan. 20 and 21, 1774,-two years five months and fourteen days prior to Mr. Jefferson's Declaration. I read from vol. 2, pages 169 and 172:
"' At a meeting of the freeholders and other Inhabitants of the Town of York, regularly assembled at the Town House, on Monday, the 20th day of January, 1774,-
"'The Hon. John Bradbury, Esq., was chosen moderator. The Town immediately proceeded to choose a committee, namely, the Hon. John Bradbury, Esq., Thomas Bragdon, Esq., Capt. Joseph Holt, Capt. Daniel Bragdon, Capt. Edward Grow, Capt. John Stone, and Mr. John Kingsbury, to consider in what manner the Town Senti- ments may be best expressed on the present Important Crisis, and make Report to this meeting upon the adjournment. Voted, this meeting be adjourned to to-morrow, two of the clock, afternoon. Upon the adjournment, viz., Tuesday, Jan. 21st, two o'clock, afternoon, The said Committee Reported, which, with the amendments, is as follows: The Committee appointed by the Town to consider in what manner their Sentiments may be best expressed on the present Crisis beg leave to Report :
"'1. That the People in the British American Colonies, hy their Constitution of Government have a Right to Freedom and an Exemp- tion from every Degree of Oppression and Slavery.
"' 2. That it is an Essential Right of Freemen to have the disposal of their own Property, and not to be Taxed by any Power, over which they can have no Control.
"'3. That the Parliamentary Duty Laid upon Teas, Landed in Amer- ica, for the express purpose of raising a Revenue, is in Effect a Tax upon the Americans without their consent.
"'4. That the several Colonies and Provinces in America have ever Recognized the Protestant Kings of Great Britain as their lawful Sov- ereigos, and it doth not appear that any Parliament have been parties to any Contract made with the American Settlers in this howling Wilderness.
"'5. That this Town approves the Constitutional Exertions and
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TOWN OF YORK.
Struggles made by the opulent Colonies through the Continent, for preventing so fatal a Catastrophe as is implied in Taxation without Representation, and that we are, and always will be, ready in every constitutional way to give all assistance in our Power to prevent so dire a Calamity.
"'6. That a dread of being Enslaved ourselves and of Transmitting the Chains to our Posterity, is the Principal Inducement to these measures.
"' 7. Voted, That the sincere Thanks of this Town are justly due, and hereby are given to all such Persons in this and the several Provinces and Colonies on the American Continent; especially to our Brethren of the Town of Boston, so far as they have Constitutionally exerted themselves in the support of their Just Liberties and Privi- leges. Which was read Paragraph by Paragraph and accepted, and thereupon, Voted, that the Town Clerk Transmit a fair eopy to the Town Clerk of Boston ; and then the meeting was dissolved.
"' DANIEL MOULTON, Toun Cler.'
" And now I have this glorious old record in hand, I will read the concluding portion of our declaration, clearly show- ing what kind of men our ancestors were, who lived in the troublons times just preceding the Revolution. I read from volume 2, page 177, dated June 5, 1776, one month, lack- ing one day, prior to Mr. Jefferson's Declaration :
"'At a meeting of the Freeholders and other Inhabitants of the Town of York qualified to vote io Town-Meetings, regularly assem- hled on Wednesday, the 5th day of June, 1776,-the Hon. John Brad- bury, Esq., chosen Moderator.
"' Unanimously Voted, that the Representative of this Town, now at the General Court, be advised : That if the Hon'ble Congress should, for the safety of the Colonies, declare them Independent of the King- dom of Great Britain, they, the said Inhabitants, will solemnly engage with their Lives and Fortunes to support them in the measure.'
" You will observe copies of these resolves and votes were directed to be sent to the provincial authorities of Boston, etc. Now, if Mr. Thomas Jefferson had written his Declaration in Boston (and who can say he did not ?), some would be so ungenerous as almost to suspect that he might possibly have had a peep at our declaration before he wrote his.
" Suppose Mr. Jefferson's Declaration had preceded ours a length of time as long as ours preceded his, what would be said at this day ? Would it not be said ours was copied substantially from his ? Who gave our ancestors the idea of 'taxation without representation'? Was it Mr. Jeffer- son ? How many in this then ' howling wilderness' knew much about Mr. Jefferson ? Who gave him the same ex- pressed ideas ? did he obtain them from our ancestors ? who knows ? In justice to the noble patriot, Thomas Jef- ferson, and to our noble ancestors, I will presume that the spirit of liberty dietated to him and them the same ideas, which found utterance in exact similarity of expression.
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