USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 39
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 39
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42
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YORK UNDER REPUBLICAN GOVERNMENT
"Separation must go" said a wag to his fellow,
As quaffing they sat and made themselves mellow,
"Go where?" said a third as he rested from smoking.
"Are you truly in earnest?" he poutingly muttered. "As in any opinion that ever I uttered."
"Why, then," said the other, "like you I'm a prophet, Separation must go, I assure you, to Tophet."
The result of the vote was impressive: 17,091 voted Yea, and only 7,132 were against the questions submitted. York voted 151 Yea and 136 Nay. Following this decisive action pursuant to the Act of the General Court authoriz- ing this test, a convention met at Portland October II, 1819, and as a result of its deliberation our first State con- stitution was formed. Jeremiah Bradbury, Elihu Bragdon and Capt. David Wilcox were chosen delegates to draft this instrument, and on December 6, 1819 York accepted it by a vote of 91 votes with no opposition recorded. The town also cast a unanimous vote of 229 ballots for William King for Governor. William Moody was chosen Senator and Elihu Bragdon and Alexander McIntire representa- tives to the first Legislature.
The State was admitted an independent member of the Union by Congress on March 4, 1820 and became an inde- pendent State the sixteenth of the same month. The first election of State officers under the new constitution took place April 3, 1820 and the first Legislature convened at Portland on Wednesday, May 31, of the same year. Cot- ton Chase was the first town Representative to the State Legislature.
Thus after one hundred sixty-eight years York came from under the yoke of bondage to a distant master. Henceforth every native son could hold up his head and answer for his hailing place: "the State of Maine, by G. . " with emphasis on State. It is even now a characteristic reply of Maine men abroad unconsciously given as an expression inherited from their fathers in so designating their origin. No other people from other sections of the country prefix the words "State of" when giving the place of their nativity to a stranger. It is the hallmark of Maine men.
The recurring anniversaries of our national holiday were celebrated enthusiastically as a part of our Republi- can traditions from the beginning of our independence.
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HISTORY OF YORK
To these festivities, the local militia companies lent a martial spirit. The usual processions, always a part of the day's programme, had as their objective the village parade ground near the old church green. A local or imported "spell-binder" was secured to address the throng, dressed in their Sunday fineries, and the greatness and glory of the country were pictured by him in resounding periods. The band played patriotic music, and fireworks thrilled the younger generation with their sparkle and noise. Not infrequently in the morning, preceding the "Grand Cele- bration," the youth of the town staged a burlesque pro- cession of "Antiques and Horribles" dressed in tatterde- malion costumes, which added to the hilarity of the day. Prominent citizens kept open house, and the festivities of the "Glorious Fourth" ended in toasts in accordance with the ancient spirit of the day.
On occasions of this character it was customary to give the place of honor in public processions and official recep- tions to the survivors of the Revolution. These gray and grizzled veterans of our first national war were always held in admiration as they marched, with tottering steps, sup- ported by canes, before cheering crowds; much the same as the remnants of the Grand Army of the Republic shows its thinning ranks to this generation. A few of these re- maining relics of the struggle for Independence graced the platform at the dedication of Bunker Hill Monument in 1841, when Everett in his speech, at an arranged sign, turned to address them, as they arose, in response. He was then to say: "Sit down, heroes of the past, it is for me to stand in your presence." A confusion among these aged and probably deaf veterans, uncertain whether to stand or sit, resulted in a ludicrous situation of alternate rising and sitting during his peroration.
Forty years after the close of the Revolution there were thirty-two survivors of the struggle for independence, residents of this town, receiving pensions from the govern- ment on account of services in the Provincial and Conti- nental Armies, viz .:
John Baker, aged seventy-six in 1820; served as Pri- vate in the company of Capt. Samuel Derby.
Joseph Berry, aged fifty-four in 1820; served as Private in the company of Captain Hastings. He enlisted from York.
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YORK UNDER REPUBLICAN GOVERNMENT
James Bracey, aged seventy-seven in 1820 and living in 1835. He served as Private in Captain Lunts' company.
Arthur Bragdon, aged sixty-five in 1820; served as Private in the company of Capt. Jonathan Nowell.
Daniel Bragdon, aged eighty-five in 1820. He served in the company of Captain Turner. Resided later in Kennebunk.
Ezekiel Bragdon, aged seventy-two in 1820; served as Private in the company of Capt. Jabez Lane.
John Bragdon, aged sixty-six in 1820; served as Private in the company of Capt. Samuel Derby. Removed to Wells.
Daniel Bridges, aged fifty-eight in 1820; served as Private in the company of Capt. Nicholas Gilman. Was living in Wolfborough, N. H., 1835.
Timothy Burdeen, aged fifty-seven in 1820; served as Private in the company of Capt. Oliver Pierce.
David Came, aged sixty-two in 1820; served as Private in the company of Capt. Samuel Derby.
John Carlisle, aged sixty-four in 1820; served as Private in Capt. Edward Grow's company.
Jotham Donnell, aged seventy in 1820; served as Sergeant in the company of Capt. James Donnell.
Jonathan Farnham, aged sixty-five in 1820; served as Private in the company of Capt. Samuel Derby.
David Fitzgerald, aged sixty in 1820. He served as Private in the company of Capt. Samuel Derby. Locally known as "King David."
John Freeman, aged eighty-four in 1820; served as Private in the Massachusetts Line.
William Frost, aged seventy-three in 1820; served as Private in the company of Capt. Samuel Leighton.
Joshua Grant, aged seventy-five in 1820; served as Sergeant in the company of Capt. Samuel Derby.
James Hart, aged seventy-three in 1820; served as Lieutenant and Adjutant in the company of Captain Barnes.
Enoch Hutchins, aged sixty-two in 1820; served as Private in the company of Capt. Samuel Derby.
John Kingsbury, aged sixty-seven in 1820; served as Private in the company of Capt. Jonathan Nowell.
Daniel Lunt, aged seventy in 1820; served as Private in the company of Capt. Samuel Derby.
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HISTORY OF YORK
Norton Phillips, aged sixty-nine in 1820; served as Private in the company of Capt. Samuel Derby.
Charles Sargent, aged sixty-five in 1820; served as Private in the company of Capt. Silas Wild, 1775-1780.
Daniel Sargent, aged sixty in 1820; served as Private in the company of Capt. Tobias Fernald.
Eliakim Seavey, aged fifty-seven in 1820; served as Private in the company of Capt. Whipple; living in 1835.
Abraham Shaw, aged fifty-seven in 1820; served as Private in the company of Captain Smith; living in 1835.
John Spencer, aged fifty-eight in 1820; served as Pri- vate in the company of Captain Burbank.
Pelatiah Stevens, aged sixty-three in 1820; served as ยท Private in the company of Capt. Jonathan Nowell.
Joseph Thompson, aged fifty-four in 1820; served as Private in the company of Captain Maynard; living in 1835.
Jeremiah Weare, Jr., aged sixty-three in 1820; served as Private in the company of Captain Grow.
Paul Welch, aged fifty-nine in 1820; served as Private in Captain Storey's company; living 1835.
Bartholomew Witham, aged sixty-three in 1820; served as Private in the company of Capt. George Smith.
Perhaps the most notable tribute ever paid to a son of York, who fought in the Revolution, was accorded to William Hutchins, born October 6, 1764 to Charles and Mary (Perkins) Hutchins of Scituate Row. He was the last surviving soldier of the Revolution, dying May 2, 1866, aged one hundred one years, six months and twenty- six days, at his home in the town of Penobscot, whither his parents had removed in his boyhood. This town was then called Plantation No. 3 and was in sight of Baga- duce, now Castine, and he witnessed all the stirring events of the famous siege of that place in the Summer of 1779, when but fifteen years of age. On this farm, where his father lived to the great age of ninety-one years, William Hutchins resided for the remainder of his life, except for the time he was in the military service. He was a master mariner, engaged in coastwise trading, lumbering and farming.
In 1865, when over a century old, he was invited by the city government of Bangor to be their guest at the cele- bration of the Fourth of July that year, and accepted. A
430
Wm Hutchings
WILLIAM HUTCHINS Born October 6, 1764 at York The last surviving soldier of the Revolution Died May 2, 1866 at Penobscot (Aged 101 years, 6 months, 26 days)
YORK UNDER REPUBLICAN GOVERNMENT
revenue cutter was detached by the United States Gov- ernment to convey him and as he started on his trip the guns of Fort Knox boomed their salute to the aged soldier. The ovation given him in Bangor was almost royal in its manifestations. Crowds surrounded his carriage as he was escorted through the streets of the city and grateful plaudits greeted him everywhere during the celebration. He returned from this scene of excitement and survived for ten months, having tasted the rewards of an appre- ciative people as the sands of his life were almost run out. "So it appears," said Moody in his "Handbook History," "that York furnished nearly the first as also the last of the noble band of Revolutionary Army soldiers who assisted this Republic to burst the bonds of British tyranny."
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APPENDIX
CHARTER OF AGAMENTICUS 1641
I SIR FERD: GORGES Knight, Lord of the Province of Maine within the Territories of NEW ENGLAND in AMERICA, send Greeting/ Whereas the Planters and INHABITANTS of Acomentic us in NEW ENGLAND have settled themselves together in one Body in manner of a Towne in expectacon of a Graunt to be made unto them from mee the said Sir Ferdinando Gorges to be thereby incorporated and created into one body politique and corporate for the better regulating and government of all the people that nowe are and here- after shalbe resident within the limitts and precincts of Acomenticus afore said: and for the better settlement and ordering of the affaifs and business of the planters and Inhabitants there from time to time hap- pening within the said Towne of Acomenticus, and have beene humble Suiters unto me the said Sir Ferdinando Gorges to graunt unto them a Charter of Incorporacon on that behalfe/ Nowe knowe yee therefore that I the said Sir Ferdinando Gorges for the better incouragement of all the present Planters and Inhabitants of Acomenticus and of all such other person and persons as shall att any time hereafter be minded to settle and inhabit within the Limitts of the saide Towne to proceed in soe pious and lawdable an Intention and to the end that they may have and exercise civile Government amongst themselves as becometh his Majesties leige people exempted and freed from any power and Comand of other the Governors of the Residu of the said Province of Maine other than in calling them as assistants with force and armes to joyne in levying of power to suppresse such Enemyes as shall invade the said Province and trench by force of Armes uppon the liberties and priviledges belonging to me or the Lord of the said Province for the time being, or shalbe rebellious against the course of Justice there / Now therefore I, the said Sir Ferdinando Gorges have erected, made, ordayned and established, And by the Tenour of theis presents doe for me, my heirs and assignes, create, make, ordaine and establishe the Planters and Inhabitants of Acomenticus aforesaid into one bodie politique and corporate, in fact deed and name from hence- forth forever, hereafter to continue by the name of the Maior, Alder- men and Recorder of the Towne of Acomenticus, within the Province of Maine, and by that name to have perpetuall Succession forever, and be persons able and capable in Lawe to have, take and purchase any lands, tenements and hereditaments, goods and chattells whatsoever, to them and theire successors: and to dispose, bargaine, sell, alien and demise the same at their free will and pleasure, and by that name to plead and be impleaded in any Court or Courts of Justice whatsoever, within the limitts of the said Province And that the said Body poli- tique and corporate and theire Successors forever hereafter shall have one Towne Hall for the dispatch of theire affaires and business belong- ing to the said corporacon: and that they shall have power by theis presents there to assemble themselves together and to keepe Courts
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HISTORY OF YORK
from three Weekes to three Weekes, or oftener if need shall require for the hearing and determining of Civil Causes betweene partie and partie, by plaint and plea, or Bill and Answers : Uppon which the Maior and Aldermen for the time being, or any three or more of them, whereof the Maior for the Time being to be one, shall proceed to triall of any civile Cause or Causes uppon all such allegacons and proffes as shall be produced without calling together of any other persons or Jurors, which in Civile Causes is a custome needles and prejudiciall to such proceedings, but that the said causes shalbe determined and sentence ordered by the present Judges of each Court for the time being, by most voices of such Judges of the Court as have had the hearings of the cause or causes or matters in variance debated before them : And for the better effecting thereof there shalbe created, erected and ordained within the said Body politique and corporate one Maior and eight Aldermen and one Recorder / and that the Maior for the time being shall, from time to time be elected and chosen out of the said nyne persons in manner and form hereafter expressed, (that is to say), the said eoght Aldermen shall uppon the first Tuesday in Easter weeke nominate three of the said number of nyne persons unto the INHABUTANTS of Acomenticus, who by the voices of the Burgesses and the rest of the nyne persons, or the major part of them, shall elect one of the said three persons to be the succeeding Maior for the year following, who shalbe sworne to execute that office by the precedent Maior uppon the first Tuesday in the Whitson weeke att which time the precedent Maior shall resign his place / And for the better performance and execucon of the said office of Maior and administracon of Justice, with in the Limitts of the said corporacon, the precedent Maior shalbe one Justice of the peace more than for the yeare insueing : And that it shall be lawful for them to have a Common Seale for their use and to alter and change the same all their pleasure : And alsoe to have one Comon Goale for imprisoning of Delinquents or Debtors : And alsoe that it shalbe lawfull for the said Maior and Aldermen to ordaine and appoint one or more officer or officers to execute precepts, attachments or execucons or to arrest the bodie or bodies of any person or persons after action entered uppon Record in theire Courte Booke / And alsoe to have a Towne Clarke and to appoint reasonable fees to all such officers and ministers, and to con- ceave oathes fitting for such officers, and to administer such oathes unto them before the Maior for the time being / And I the said Sir Ferdinando Gorges doe by the Tenour of theis presents ordaine and appoint that the Maior and Aldermen of Acomenticus or major part of them shall from time to time keepe Session of the Peace in the said Towne hall for the Dispatch of Criminall Causes and shall proceed in the same by Indictment and tryall / of such causes by a Verdict of Jurors, Provided that noe proceedings in Causes Criminall be con- trary to the lawes of England, nor for offences committed out of the limitts and bounds of the said Corporacon nor for any criminall cause which concernes the life or member of any person for any fault com- mitted within the limitts of the said Corporacon which shall extend East, West, North and South three miles every way distant from the Church, Chappell or place ordayned or intended for a Church, Chap- pell or Oratory belonging to the Plantacon of Acomenticus/ And that
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APPENDIX
they shall have two severall Bookes wherein all proceedings both in Criminall and Civill causes shall bee recorded and registred, that they may give an accompt of such proceedings from time to time as occa- sion shall require. And that they shall have power to erect markets within the limitts of the said Corporacon/ And that the Maior for the time being shalbe Clarke of the Markett, and shall have power to execute that office by a deputy, takeing such reasonable tolle and fees as may be fittinge in like Cases, not burdeninge his Majesties leige people thereby/ And that it shalbe lawful for the Maior for the time being to muster men and Levy Armes for the necessary defence of the Corporacon against hostile Invasions, and to ordaine and make Cap- taines and such other Officers as are necessary in like Cases/ And for the Maior and Aldermen to erect such Fortifications as shalbe thought fit and ezpedient for the defence of the said Corporacon and to furnish the same with Armes and Artillery/ And to erect such Ports or Keyes for ladeing and unlading of Shipps and other Vessells as shalbe found necessary/ And if it shall happen that any member of the said body politique doe dye or depart and live out of the limitts of the said Corporacon or shalbe removed from that Place of Imploy- ment for any reasonable cause, That then another shalbe chosen in his stead from time to time as occasion shall require by the residue or the maior part of them att their discretion, who shall have like power to expel any member for just and reasonable causes, and choose any other of the Inhabitants in his steed/ And I the said Sir Ferdinando Gorges doe nominate my welbeloved Cosyn Thomas Gorges of the Province of Maine aforesaid, gentleman, to be the first and next maior of Acomenticus aforesaid/ And Edward Godfrey gentleman, Roger Garde, George Puddington, Bartholomew Barnett, Edward Johnson, Arthur Bragington, Henry Simson and John Rogers to be the first eight aldermen of the said Corporacon, who shall have perpetuall Succession whereof the said Edward Godfrey shalbe Justice of the peace for the first yeare, which is to be accompted from Whitsontide next after the comeing over of this present graunt into the Province of Maine before specified, whereby the members of the said Corpora- con shall have notice of this Commission/ And that the said Roger Gard shalbe the first Recorder there and he shall alsoe execute the Office of Towne Clarke of the said Corporacon by himselfe or his sufficient Deputie, and shall have and take such reasonable Fees for Recording of Causes as shalbe by the said maior and aldermen or the major part of them thought fitt and convenient to sett downe in theire Court Booke for the more certainty thereof/ And that the Maior of the said Corporacon for the time being shall from time to time be Coroner of the said Corporacon and shall exercise and execute the said office by himselfe or his sufficient Deputie/ And that it shall be lawfull for the said Body Politique and Corporate to keepe Court Leete once every yeare within ten dayes either before or after Michaelmas whereunto all persons above the age of twelve yeares may be warned to appeare/ And alsoe to have the benefitt of waives and strayes and Felons goods happening from time to time within the limitts and precincts of the same Corporacon, and shall have severall oathes administered to him, one for the executeing the Office of Maior and the other of Coroner by the said Towne Clarke, which shalbe con-
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HISTORY OF YORK
ceaved by the members of the said Corporacon, or the major part of them and recorded and registred for perpetuall memory in theire Towne Booke/ And the said Edward Godfrey shall Likewise have an oath administered to him by the said Towne Clarke for the due execu- tion of Justice within the limitts of the said Corporacon for the yeare ensuing, which shall be conceaved and framed as aforesaid/ And that they the said Maior and Aldermen and theire perpetuall successors shall have power by the Tenour of theis presents to make such by lawes, orders and ordinances as are accustomed to be made in Townes Corporate in England, that they may be such as are from time to time wholesome and necessary for the regulating of the affaires of the said Towne and of the Inhabitants and people which shall be resident within the limitts of the said Corporacon, and shall likewise have power to alter and change the same as need shall require, and make newe by Lawes, orders and ordinances in the steed thereof/ And shall have like power hereby to put the said by Lawes, orders and ordi- nances in execucon for the benefitt of the Inhabitants and the peace- able ordering of the busines of the Corporacon soe as noe by Lawe, order or ordinance be made which may be repugnant or contrary to the by Lawes, orders and ordinances used in other corporacons of England, in any wise, but as neare as may be agreeable and consonant unto the Lawes, orders and ordinances used in England/ And shall likewise have power to make as many free Burgesses of the said towne as they shall thinke fitt, and to disfranchise any of them for just and reasonable Cause/ And I doe likewise ordaineand appoint that the said Body politique and Corpoarte shall att theire Court Leete admin- ister unto the Inhabitants this oath following, (viz) You shall true Leigeman be and true faith and troath beare unto our Sovereigne Lord the King, his heires and Successors, and unto the Lord of the Province of Maine, his heires and assignes in every respect as it becometh, So help you God/ And lastly I the said Sir Ferdinando Gorges for me myne heires and assignes have ordayned, graunted and confirmed and by theis presents doe ordaine, graunt and confirme unto the said Corporacon, Body politique and Corporate and theire per- petuall Successors for ever that they shalbe exempted and freed from all Jurusdiccon, authoritie and government of any other officer or officers whatsoever: that shall pretend to have power for the admin- istracon of Justice within the province of Maine aforesaid, for any matter, cause, fact or contract happening within the limitts of the said Corporacon, Prohibiting all such officers and Ministers of Justice as shalbe appointed within the said Province from intermedling in the Administracon of Justice within the Limitts of the said Corporacon without the especiall Licence and consent of the members of the said Bodie politique, or the major part of them and theire successors for ever hereafter/ And firmly injoyneing and Comaunding that all and every other officer and Minister of Justice within the province doe permitt and suffer the said Body politique and theire perpetuall suc- cessors quietly and peaceably to enjoy all the liberties and priviledges thereof according to the true intent and meaning of this present Charter of Incorporacon, which is to be expounded and taken uppon all doubts and construccons of the sence of any Clause in the same in most favourable and beneficiall manner and forme for the Inhabitants
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and members of the said Bodie politique and theire successors for- ever hereafter/
In witness whereof I the said Sir Ferdinando Gorges have here- unto sett my Hand and Seale at armes dated the Tenth day of Aprill in the seaventeenth yeare of the Raigne of ouer Sovereigne Lord Charles by the Grace of God King of England, Scotland, France and Ireland, Defender of the Faith &c 1641, and in the second yeare of my Principallity in Newe England/
Fire: Borges
Sealed and delivered in the presence of Th THOMAS MORTON* ROBERT GORGES RICHARD SMITHSON
The foregoing is a true Copy of the Original in my possession as clerk for the Town of York in the late province of Maine/
Dan. Moulton (A Seal appendant)
* This is the famous Thomas Morton of Merry Mount who came to live in this town in 1645 and died about two years later.
439
CHARTER OF GORGEANA, 1642
SIR FERDINANDOE GORGES, 816 Knighte, Lorde of the Province of Mayne, within the Territories of Newe-England in America, send greetinge: Whereas our Soveraigne Lord the Kings Majestie that nowe is by his Highness letters Patente under the greate seale of England bearinge date at Westminster the third daye of Aprill in the fifteenth yeare of his Majes- ties Raigne of England &c: hath created mee the said Sir Ferdinando Gorges abso- lute Lord of the said Province of Mayne, INITIAL FROM CHARTER and thereby hath given unto mee & my heires absolute power and authoritie over the said province & of all the lands within the precincts and bounds of the same and over all the Inhabitants and people that from time to time shall bee resident and abidinge within the lymitts and precincts of the said Province for the welfare and good government of all his Majesties lovinge Subjects that shall have recourse unto the same.
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