The history of Maine, Part 13

Author: Abbott, John S. C. (John Stevens Cabot), 1805-1877. cn; Elwell, Edward Henry
Publication date: 1892
Publisher: Portland, Brown Thurston company
Number of Pages: 1232


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The Quakers were vehemently attacked. They were de- nounced as a cursed sect of heretics, pretending to be immedi- ately sent from God, and inspired to write blasphemous opinions, despising government, reviling magistrates, speaking evil of dig- nities, and seeking to turn people from the true faith.2 Their books were ordered to be burned by the hangman ; they them- selves were to be banished, and, if they returned, to be put to death.


The denial of the inspiration of the books of the Old and


1 Williamson, vol. i. p. 380. 2 Colonial Laws, p. 121.


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New Testaments was punished, first by fine or whipping, and, if repeated, by imprisonment and even death.


There can be no doubt of the sincere desire of the early col- onists to establish just laws, and such as would promote the * public welfare. We must not blame them too severely for not being wise above their generation. The progress of the world, in the direction of freedom and toleration, has been very slow. Many of the enactments were humane; and, in the general prin- ciples of freedom, the colonists were far in advance of most of the governments in the Old World.


In every town a record was ordered to be kept of newly arrived emigrants and their business prospects. All strangers who were in want, the towns were bound to relieve. The help- less poor were to be provided for. All cruelty to brute animals was strictly forbidden. Laws were passed to protect the Indians in their fishing and hunting grounds. Every town of fifty householders was required to employ a teacher to instruct the children in reading and writing ; and every town containing a hundred families was required to establish a grammar-school, where boys might be fitted for college. Heads of families were ordered to instruct their servants every week in the principles of the Christian religion. It is sad to record that on the statute- book torture was allowed, to compel a convicted criminal to disclose his confederates. But no such instance of torture is on record. It was a law which disgraced the statute-book, but which was apparently never enforced.


The inhabitants of Maine accepted these laws from Massa- chusetts. They took but little interest in political questions, save as they had a direct practical bearing upon their daily lives. Perhaps a large proportion of the Massachusetts Colon- ists were men of intelligence and deeply fixed principles, who had crossed the ocean that they might enjoy the civil and reli- gious institutions which were so dear to them. When they had made such immense sacrifices to secure these privileges for themselves and their children, it is not strange that they should have wished to shut out from their wilderness homes those who would bring across the ocean those antagonistic civil and reli- gious views, which would promote controversy, discord, and strife.


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But most of the early inhabitants of Maine had been lured to that region for purposes of traffic. "I came here," said one of them, " not to worship God, but to purchase furs and pel- , tries." Thus Maine became distinguished for what is often absurdly called liberality, but which is, rather, indifference. Influenced by such considerations, religious toleration was exercised here. Noble as is that spirit, it must be admitted that it was then not so much a virtue as the result of circumstances which caused men to care for none of those things. Maine became the asylum of fugitives driven from the other colonies by persecution.1


It was in the year 1652 that Messrs. Sherman and Ince re- . ported that the northern limit of the Massachusetts patent was in latitude 42°, 43', 12". In accordance with this report, the next summer two experienced shipmasters, Jonas Clark and Samuel Adams, were sent to ascertain where this line would touch the Atlantic. They found, as we have mentioned, that it was at the northern point of an island in Casco Bay, called the upper Clapboard Island. Here they cut the marks of the Massachusetts boundary on several trees, and also chiselled it into a large gray rock. A line running due west from this point on the Atlantic, to the Pacific Ocean, then called the South Sea, was supposed to be the northern limit of the Massa- chusetts patent.


Unwearied efforts were made to induce the people, on the eastern portion of this territory, to yield to the government of Massachusetts, as those on the western portion had quite readily done. But several men, of commanding influence in the vicinity of Saco, were very determined in their resistance. The Massachusetts Court tried all the efforts of conciliation and menace, for a time in vain. Gradually a number yielded to the conviction that their interests would be promoted by the annexation. Others were arrested, and were made willing by the perils of fine and imprisonment. In 1658 a Massachusetts commission opened a session in Lygonia, at the house of Robert Jordan in Spurwink. Here most of the male population


1 Williamson, vol. i. p. 385.


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appeared, and took the oath of allegiance.1 The articles of union were in substance as follows : -


I. All the people in these parts shall be exonerated from their alle- giance to Massachusetts, whenever a supreme or general governor shall arrive from England.


II. All their opposition and other past wrongs shall be pardoned and buried in oblivion.


III. The same privileges shall be secured to them as are enjoyed by other towns, particularly Kittery and York.


IV. Appeals shall be allowed in all cases to the General Court, when sufficient indemnity is offered for the payment of costs.


V. None of the privileges hereby granted and secured shall ever be forfeited by reason of any differences in matters of religion.


VI. A transcript of the rights and privileges, generally possessed by other towns, shall be sent to these plantations and inhabitants.2


The towns of Scarborough and Falmouth were also organized. Falmouth had a sea border extending from Spurwink River to Clapboard Island, and it ran back eight miles into the country.


The union of Lygonia to Massachusetts was thus effected, apparently to the satisfaction of all parties. It was unques- tionably a blessing to the inhabitants of Maine.3


On the 27th of October the inhabitants of York, Kittery, Wells, Saco, and Cape Porpoise, presented to Cromwell, then


1 " After passing the ancient plantations of Kittery, York, Wells, and Saco, we come to Scarborough, which has never changed its name since its first incorpora- tion. It extends towards the east, six miles in width on the coast, to the month of Spurwink River, which seems to cut off, as it bounds, the eastwardly corner of the town.


"Spurwink settlement was and is in the southerly angle of the town towards Spurwink River." -Williamson, vol. i. pp. 29, 30.


2 Williamson, vol. i. p. 392.


8 Hon. William Willis, one of the most discriminating and accurate annalists, expresses the opinion that Massachusetts had no claim over the jurisdiction of Maine. He writes, --


"Massachusetts, taking advantage of the triumph of her principles in Eng- land, and dreading and hating the Episcopal power in Maine, under a forced construction of the language of her charter, assumed title and jurisdiction over all the territory southerly of a line from Lake Winnipiseogee to Casco Bay. She was not long in asserting her pretended title.


"This usurpation of the Bay Colony corresponded with that of the Parlia- ment at home; and, though successful, it had no foundation in right. I will not say that it was not eventually best for the people here; it resulted in giving them a good and permanent government, and stable and just laws." - A History of The Laws, The Courts, and the Lawyers of Maine, by William Willis, p. 23.


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Lord Protector, the following very expressive memorial. It was a document testifying to their satisfaction with their annex- ation to Massachusetts, and praying for its continuance.


" Our numbers," they said, " are few ; and our dissensions, which have been many, owing principally to malecontent loyalists, are happily quieted by wholesome laws and watchful rulers. Through their provident care, godly persons have been encouraged to settle among us; our affairs have become prosperous, and a barrier is opposed to an influx upon us of delin- quents and other ill-affected persons, the fugitives from punishment. Our pious and reverend friend, Mr. John Wheelwright, some time with us, is now in England, whose thorough knowledge of our affairs he will, at your highness's command, be happy to communicate." 1


Rev. John Wheelwright, to whom reference is here made, was a man of undoubted piety, an eloquent preacher, but very zealous in the enforcement of doctrinal peculiarities, which few could fully understand. He affirmed, that the " Holy Spirit dwells personally in a justified convert, and that sanctification can in no wise evince to believers their justification."


It seems a pity that the good man could not have been per- mitted to indulge to his heart's content in such harmless specu- lations. But the authorities of Massachusetts declared these views to be Antinomian, denounced them as heretical, and banished him from the State in the year 1636. Mr. Wheel- wright, at first, removed from Braintree to Exeter, N.H., where he settled on land obtained from the Indians, and gathered a church ; but, as Massachusetts extended her jurisdiction over the territory upon which he had settled, he removed to Wells, in Maine, in 1643.2 He died at Salisbury, Mass., probably in 1679, at the age of eighty years.


The following letter from Mr. Wheelwright throws much light upon the nature of the ecclesiastical conflicts of those


1 Hutchinson's Collection of State Papers, p. 396.


2 "New Hampshire was about submitting to Massachusetts, in which case Wheelwright and his companions would be exposed immediately to a new banishment. Gorges had assumed the authority over Maine; and they could not fail to be assured that, under him, they might find a refuge which would not be exposed to the spiritual tyranny of Massachusetts." - Bourne's History of Wells end Kennebunk, p. 12.


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days, and certainly reflects credit upon both parties in the unhappy contention : -


" RIGHT WORSHIPFUL, - Upon the long and mature consideration of things, I perceive that the main difference between yourselves, and some of the reverend elders and me, in point of justification and the evidencing thereof, is not of that nature and consequence, as was then presented to me in the false glass of Satan's temptations, and my own distempered passions, which makes me unfeignedly sorry that I had such a hand in those sharp and vehement contentions raised thereabouts, to the great disturbance of the church of Christ. It is the grief of my soul, that I used such vehe- ment censorious speeches, in the application of my sermon, or in any other writing, whereby I reflected any dishonor upon your worships, the reverend elders, or any of contrary judgment to myself.


" It repents me, that I did so much adhere to persons of corrupt judg- ments, to the countenancing and encouraging of them in any of their errors or evil practices, though I intended no such thing; and that in the synod I used such unsafe and obscure expressions, falling from me as a man dazzled with the buffetings of Satan; and that I did appeal from misapprehension of things. I confess that herein I have done very sinfully, and do humbly crave pardon of your honored selves. If it shall appear to me, by scripture light, that in any carriage, writing, word, or action, I have walked contrary to rule, I shall be ready, by the grace of God, to give satisfaction. Thus hoping that you will pardon my boldness, I humbly take my leave of your worships, committing you to the good providence of the Almighty, and ever remain your worships' in all service to be com- manded in the Lord.


" J. WHEELWRIGHT." 1


To this letter, the governor gave a very courteous response, assuring Mr. Wheelwright that the court was inclined to release him from his banishment. He also sent him a safe-conduct, that he might make his appeal to the court in person. Mr. Hubbard writes, -


" But the next court released his banishment without his appearance ; and so, if they had overdone in passing the sentence, it might in part help to balance it, that they were so ready to grant him a release. Soon after this he removed his dwelling; and being invited to the pastoral office in the church of Hampton, after Mr. Batchelour's deposition, he accepted the call; and tarried with them until his removal to England not long after, where


1 We give this letter, as recorded by Hubbard in his General History of New England, p. 336. There are several verbal variations in the copy as preserved by Winthrop.


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he tarried many years, till, upon the turn of times, he came back to New England again ; after which he was called to Salisbury, where he accepted of the pastoral office, in which he continued till the day of his death, which happened about the year 1681." 1


The government of Massachusetts was the more inclined to deal leniently with Mr. Wheelwright, since he was a zealous Puritan, and a high-minded and earnest republican. Upon visiting England, he was very cordially received by Oliver Cromwell.


The political changes taking place in England were very sensibly felt through the remotest colonies of the kingdom. The restoration of Charles II., which was one of the most memorable events in history, took place in May, 1660. The Church of England and the crown of England were so insepar- ably united, that the royalists and Episcopalians formed one party. The republicans were almost invariably dissenters. It is estimated that the population of the English colonies in America then amounted to a little more than eighty thousand souls. Of these about five thousand were in the Province of Maine ; thirty-eight thousand were in the more southerly parts of New England ; in Maryland and Virginia there were about forty-three thousand.2


It will be remembered that Ferdinando Gorges was an earnest loyalist. He died while in arms in defence of Charles [I., about two years before the execution of that unfortunate monarch. His eldest son, John, succeeded to the titles and estates of his father ; but after a few years John died, and the succession passed to his eldest son Ferdinando.


It may be well supposed that Charles II. had no sympathy with the dissenters and republicans of Massachusetts. Gorges, with several associates, petitioned the king that the grant of land in Maine, conferred upon his grandfather and others, might be restored to the original proprietors. These petitioners consisted of the representatives of Gorges, Mason, Godfrey, and others.


In their petition to the king and royal parliament, they


1 Farmer says he died Nov. 16, 1679.


2 See Williamson, vol. i. p. 398.


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stated, that, by a grant from the crown, extensive territory in Maine had been conferred upon Gorges, Mason, and Godfrey ; that they had expended large sums of money in settling and improving the realm; that the government of Massachusetts, by menaces and armed forces, had seized the Province, and compelled the inhabitants to submit to its jurisdiction ; and that the Massachusetts government was strenuously and per- sistently endeavoring to organize institutions independent of the crown, and hostile to its interests.1


To counteract these representations, a delegation of several gentlemen appeared from the towns of Maine, stating that they had enjoyed, under the government of Massachusetts, great prosperity and contentment ; and that the attempt to substitute for the laws of Massachusetts the rule of men of inexperience in government and doubtful abilities, would surely introduce dissensions and anarchy, and would imperil all their interests. In the year 1661 the General Court had incorporated the Isle of Shoals into a township by the name of Appledore. Though the towns of Maine, including those in this organization, were entitled to send ten or eleven representatives to the General Court, in the spring of 1662 not one was returned. Many prominent men were denouncing the administration of the Massachusetts government.


Gorges had returned to the Province, where he had previously been deputy-governor. Though he had taken the oath of alle- giance to Massachusetts, and had accepted office under her government, he entered upon measures decidedly hostile to her claims.2 He even appointed several men to office, and, in con- junction with others, transmitted a petition to the king, urging him to send over a governor-general for all of New England, including New York.3


These measures somewhat alarmed the General Court of Massachusetts. William Phillips of Saco was appointed com- mander-in-chief of the provincial militia. The following proc- lamation was also sent to the inhabitants of the county of York-


1 Belknap's History New Hampshire, vol. i. p. 300.


2 Collection of State Papers, by Thomas Hutchinson, p. 322.


& Hutchinson's History of New England, p. 234.


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shire, as the portion of Maine subject to Massachusetts was then called : -


"TO THE INHABITANTS OF YORKSHIRE.


" You and every of you are required in his Majesty's name to yield faithful and true obedience to the government of this jurisdiction, estab- lished among you, according to your covenant articles, until his Majesty's pleasure be further known."


A court was also instituted, consisting of three commission- ers, who were instructed to appoint or confirm in office any one in whom they could repose confidence ; and also to punish every one who pretended to hold office independently of the General Court, unless he derived his authority directly from the king.1


Several persons were punished by this court, for opposition to the Massachusetts government. Among others of note and influence was Rev. Robert Jordan, the Episcopal clergyman at Spurwink. He was arraigned by the grand jury for saying, " The governor of Boston is a rogue, and all the rest thereof, rebels and traitors against the king." 2


The radical difference in both civil and religious views, be- tween the tyrant Charles II., and the republican General Court of Massachusetts, could, by no possibility, be compromised. While maintaining the semblance of courtesy, each regarded the other with distrust and alienation. The king had no confi- dence in the loyalty of the colonists, and they knew full well that he was eagerly watching for opportunities to curtail their privileges. The ear of the king was always on the alert, to listen to charges against them, while he was generally too busy to attend to any defence which they might offer against their accusers.


" So violent and successful were the persecutions against the rights and claims of Massachusetts in particular, that she not only feared the loss of New Hampshire and Maine, but began to be apprehensive of having her own charter taken from her. Therefore the General Court appointed a


1 Records of Massachusetts Government, vol iil. p. 59.


History of Saco and Biddeford, p. 92.


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committee of both . branches, to keep it and the duplicate in separate places, thought by them most safe and secure." 1


The apprehensions of the General Court of Massachusetts, in reference to the hostility of the king, were soon realized. On the 11th of January, 1664, a royal missive to the General Court was granted to Gorges, ordering that court immediately to restore to him the Province of Maine, or to assign the reasons for declining to do so. It was also rumored, at the same time, that several armed ships were about to cross the ocean to enforce the authority of the king, and to convey to New England a governor-general of his appointment.


The exultant court of Charles II., then triumphant over the spirit of religious dissent and the opposition to royalty, had conceived the project of forming a grand empire, to consist of twelve provinces, on the shores of the New World. In the accomplishment of this plan, the king intended to seize the pos- sessions of the Dutch on the Hudson, and to bring all the east- ern provinces of New England under his complete control. In those days might was right. On the 12th of March, 1664, Charles II. granted to his brother James, who enjoyed the title and emoluments of Duke of York and Albany, all the territory held by the Dutch upon the River Hudson and upon Long Island. The vast territory was called, in honor of the Duke's English possessions, New York.


The duke was a greedy man. Looking eagerly into the ancient patents which had been conferred and annulled, he decided that there was no valid grant for the territory between the River St. Croix and Pemaquid. He therefore induced his royal brother to include this region, of thousands of acres, in the charter conferred upon him. The boundaries of this por- tion of his grant are described as follows : -


" The region includes all that part of the mainland of New England be- ginning at a place known by the name of St. Croix, next adjoining to New England, thence extending along the seacoast to a place called Pemaquid,


1 This remarkable fact is fully sustained by the Records, Resolves, and Jour- nals of the Massachusetts Government, vol. iii. p. 89; also in Hutchinson's His- tory of Massachusetts, p. 210; and Political Annals of the United Colonies, by George Chalmers, p. 254.


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and up the river thereof to its farthest head, as it tends to the northward; thence up the nearest to the River Kennebec, and so upward to the shortest route to the river Canada northward." 1


This domain, truly princely in extent of territory, has been denominated " The Duke of York's Property," " The Territory of Sagadahoc," "New Castle," and "The County of Corn- wall."2 Charles II., by thus making his brother James the territorial proprietor of such immense possessions on the Hud- son, and also on the eastern borders of New England, was shrewdly preparing the way for constituting him viceroy not only of those realms, but of all the domain between.


1 History of Connecticut, by Benjamin Trumbull, vol. i. p. 266.


" Summary of British Settlements in North America, by William Douglas, vol. i. p. 381.


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CHAPTER IX.


POLITICAL AGITATIONS.


The Duke of York - The Royal Commissioners - Conflict between the Com- missioners and the General Court -Their Unfriendly Report - Tyranny of Charles II. - Character of George Cleaves - The Petition - Efforts of the Commissioners - Treaty with the Indians - War between France and Eng- land - National Antipathies - Baron Castine-His Character and Career - French Influence over the Indians - Anarchy in Maine - Ambition of the Duke of York - War between England and Holland -Jocelyn's De- scription of Maine.


T THE Duke of York, who subsequently became King James the Second, retained possession of his Sagadahoc ter- ritory about twenty-five years. The duke was the second son of Charles I. Upon the death of his brother Charles II., he ascended the throne, where he developed the character of a thorough despot, and of a still more inexorable fanatic. When subsequently driven from the throne by William, Prince of Orange, he repaired to France, and his American possessions reverted to the British crown.


The region of Maine made but slow advances under the rule of its new proprietor, whether duke or king. The duke was an intense Catholic, and, when he attained the crown, was un- wearied in his endeavors to bring England again under the ecclesiastical sway of the papal court. The Protestant religious principles of the Dutch, who were established at the mouth of the Hudson, excited strongly his jealousy and antagonism. He co-operated with his unscrupulous brother Charles II. in send- ing an expedition of four frigates and about three hundred armed men, to wrest the colony at Manhattan from the Dutch. The feeble garrison was quite unable to resist so formidable a force, and promptly capitulated. This was on the 27th of


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August, 1664.1 Col. Richard Nichols, who with Sir Robert Carr had command of the expedition, took the control of affairs as deputy governor, declaring, at the same time, that he was authorized to exercise the same command over the territory of his royal highness at Sagadahoc.2


A commission of four men was appointed to investigate the state of affairs in the New England Colonies. Col. Nichols was at the head of the commission. He was a frank, genial, cour- teous man ; and, though of course an advocate for royalty and episcopacy, his integrity and candor rendered him generally popular.


Sir Robert Carr, the next on the list, was a man of violent 1 temper, who hated both republicanism and any dissent from the principles of the Church of England. His haughty and domi- neering spirit quite unfitted him for the delicate task in which he was employed. It is said that he prepared a report filled with the most bitter accusations against the colonists. Fortu- nately he died soon after his return, and his philippics perished with him.




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