USA > Maine > Cumberland County > Portland > The history of Portland, from 1632 to 1864: with a notice of previous settlements, colonial grants, and changes of government in Maine > Part 28
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The first three acre lots on the Neck were granted May 8, 1720, beginning on the north side of Congress street, where Elm street joins it, and extending easterly to Sandy Point .? Lots
1 Three principal streets extending westerly from King street, were designated by their relative position, the fore, the middle, and the back streets; in a few years their local designations were dropped, and they came to be called Fore, Middle, and Back streets ; two of them retain their ancient names, while the lat- ter has yielded to the modern title of Congress street. Its early proper name was Queen street, but custom and practice bore down the conventional name. The name of King street has been changed to India street
2 The names of the grantees and the order of their grants were as follows, viz : 1 Samuel Moody, 2 Joshua Moody, 3 Minister, 4 Ministry, 5 John Oliver; this was forfeited, and afterward granted to Benjamin Blackstone. 6 Richard Rich- ardson, 7 James Doughty, 8 John Wass, thirteen rods front for his three and one acre lots. Wass had already built a house and barn near where Wilmot street joins Congress street. 9 John Jefferds, 10 Matthew Scales, 11 Ebenezer Gustin, 12 James Mills, 13 Peter Walton, 14 Samuel Cobb, 15 Jacob Collins, 16 John Bish ; this was a triangle at the foot of the street, which was forfeited and after- 22
330
HISTORY OF PORTLAND.
were afterward granted on the west side of Samuel Moody's, and in other parts of the town, until the most valuable spots were taken up.
A majority of the petitioners to the General Court in 1718, were then or soon after became actual settlers, and undertook the management of the affairs of the town. Part of these were descendants of the old proprietors, but their number was not sufficient to give them an ascendency in the meetings of the inhabitants. The town, to comply with the requisition of the legislature to settle fifty more families in a compact manner,
ward granted to Thomas Thomes. 17 Richard Collier, 18 James Doughty, 19 John East, 20 Elisha Ingersoll, 21 Richard Jones. On the west side of Samuel Moody, three acre lots were subsequently laid out to Dr. Samuel Moody, Benja- min Larrabee, James M'Caslin, Daniel Ingersoll, Benjamin Skillings, Edward Hales, Benjamin Ingersoll, Thomas Cummins, and Nehemiah Robinson, reach- ing to Brackett's claim.
[As the land on the north side of Back or Queen street, now called Congress street, from near where Preble street is easterly to the Munjoy line, near Wash- ington street, is generally held under the original grants made by the town, a brief history of some of these titles may be useful and interesting. The westerly of these grants of three acres, was made to Capt. Benjamin Larrabee, and was bounded westerly on the old John Skillings claim of seven acres, originally granted to Rev. George Burroughs, and which he, in 1683, exchanged with John Skillings for a house and lot nearer the meeting-house. The lot to Larrabee was about eight rods front on Congress street and extended to Back Cove, as did all of these grants ; this embraced part of the land over which Elm street passes. In 1731, Larrabee sold it for fifty pounds to William Patten, a blacksmith, whose son John, then living in Wells, in 1761, sold it to John Quinby, and most of it is now held by his heirs, the late Eunice Day being his only daughter. The next lot was assigned to Benjamin Larrabee, Jr., son of the preceding, and extended to /Mr. Chadwick's line; Larrabee's heirs, in 1792, sold the whole lot for seventy pounds eight shillings, to Daniel Davis, the distinguished lawyer, who built the house now standing on the corner of Congress and Elm streets; in 1807, having mov- ed to Boston, he sold to Asa Clapp for nine thousand dollars, that portion extending from Congress to Cumberland street. Capt. Clapp added a third story to the house and transmitted it to his heirs. The tract below Cumberland street was parceled out to various individuals, Judge Parker and Dr Stephen Cum- mings having the largest part. The third lot was granted to Dr. Samuel Moody, and the 4th to his father, Major Samuel Moody. These lots extended easterly on
331
ALLOTMENT TO SETTLERS.
immediately proceeded to admit seventy-four persons as inhabi- tants : this probably included all who had families here, or who had applied for admission. Although this number in- cluded persons of both parties, yet the new proprietors by the measure increased their strength, which gave great offense to the old proprietors, especially the non-residents. Their in- dignation was more highly aroused, when in the spring of 1727, the town voted to admit persons as inhabitants, and share in the common land on the payment of ten pounds to the town treasury ; under this vote, one hundred and thirty-eight per- sons were admitted, principally in 1727 and 1728.1 Although this act highly offended the old proprietors, yet it is certainly justifiable as a measure of policy. The town was extremely poor, they were just recovering from a severe war, they had plenty of land but no money in the treasury. It was their object to sell part of their unoccupied land, and at the same time gain an accession of inhabitants, who would give life to the ample resources of the place. Multitudes of active and enterprising men came here and gave proof of the wisdom of
1 The names of the persons admitted under the votes above mentioned, are given in Appendix No. XI., and will show the ancestors of some of the present inhabitants.
Congress street to include the meeting-house lot belonging to the First Parish. The first of these lots adjoining Larrabee's was sold by the assigns of Dr. Moody to the Rev. Dr. Deane, in 1765, and the part between Congress and Cumberland streets is now owned by the heirs of the late Samuel Chadwick. The next or Major Moody lot descended to his heirs, who, in 1738, conveyed to a committee of the First Parish a lot for the meeting-house one hundred and twenty-two feet › on the street, and one hundred and forty feet deep, which is now occupied by the Parish : a portion still remains in the family, having been divided in 1823. The next lot granted to the first settled minister, was exchanged by Rev. Mr. Smith for a lot further down the street and which descended to his family. The lot granted to the ministry of the First Parish was sold by the Parish in 1797 to Moses Titcomb for thirteen hundred and thirty-three dollars and thirty-three cents, and is described as the three acre lot granted by the town for the use of the ministry, lying between land of Benjamin Titcomb on the west and the land of the County and Moses Plummer on the east.]
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HISTORY OF PORTLAND.
the plan.1 It will be perceived by recurring to the names of those whom this act invited here, that a spring was thus given to the increase and prosperity of the town, by the enterprise of the new settlers. But the opposite party viewing it through the medium of their own narrow interest, used all means to defeat the policy. They alleged it to be an arbitrary assump- tion of power, by which their property was disposed of without their consent. Meetings were held on both sides, party spirit raged with extreme violence, and particularly so in 1728. Mr. Smith's Journal furnishes us with a brief notice of the excite- ment, which also indicates the position which he occupied in the contending ranks .? He favored the old proprietors; he was the assignee of one himself, was deeply interested in the Munjoy title, and his brother, John Smith of Boston, was also a large proprietor by the purchase of old claims. The degree of excitement which prevailed, cannot be conceived of at this day ; it was carried into every transaction, a town meeting held in May of 1728, chiefly to consider the selectmen's ac- counts, "after a wrangle all day," as Mr. Smith observes, "broke up in a flame as near fighting as possible."3
The old proprietors finding that they were overpowered in
1 Mr. Smith in his Journal says September, 1727, "people constantly flocking down here to petition for lots." p. 17.
2 March, 1728, "The caballing party carried all before them, and got all the officers of their party."* April 29, "Nothing but confusion in town. The ca- balling party broke among themselves." May 2, he says, "This week and the last, there has been a mighty stir and unwearied endeavors to overturn the ca- balling crew." He also remarks in this connection respecting some grants at Purpooduck, "that five old improved places were given to some furious sparks, who alone would take them."
3 August 22, 1728, the town voted "that one hundred and fifty pounds of the ten pound money lay in bank with the town treasurer, to be ready to defray the charges, to stand any lawsuit against the claimers that pretend to lay claim to lands in Falmouth."
* The town officers chosen in March, were Benjamin Larrabee, Benjamin Ingersoll, Samuel Cobb Samuel Proctor, and John East, selectmen and assessors, and Samuel Cobb, town clerk.
333
PETITION OF THE OLD PROPRIETORS.
the town and that their pretensions were disregarded, next ap- pealed to the legislature for redress. In their petition they complain that the government of the town had unjustly taken away their possessions, and pray that their title under the deed from Danforth of 1684, may be deemed good, and they be restored to their rights.1 Notice to the inhabitants was ordered, and the petition was referred to the next session. The consideration of the subject was postponed from time to time under an expectation that an adjustment would be made by the parties. In December, 1729, they both petitioned that it might be continued, as "there was a prospect of their differ- ences being settled." Attempts were made to adjust the con- troversy. In November, 1729, an agreement was entered into between the town and Samuel Moody and others, claimants of the Munjoy estate, by which that title was confirmed to them. In the April previous, Dominicus Jordan had been quieted, and a contract was made with him, by which he re leased to the town all the ancient claim of the Jordan family to land on the north side of Fore river. Jordan now entered heartily into the views of the new proprietors, was chosen on the committee to resist the claims of the old proprietors before the legislature, and in January, 1730, was selected with John Perry, Joshua Woodbury, John East, and Moses Pearson, "to hear the proposals of the ancient proprietors." But a general arrangement could not at that time be effected, and in March, 1730, the ancient proprietors procured a warrant from John Gray of Biddeford, to call a meeting of the old claimants to organize themselves into a propriety.2 Among the articles of
.
1 See this petition at large in Appendix XII. The petition was read in town meeting, January 2, 1729, and the selectmen, B. Ingersoll, John East, and Sam- uel Cobb chosen to answer it. November 14, 1729, Dominicus Jordan and Samuel Cobb, were chosen to go to Boston to answer the petition. Danforth's deed of 1684, may be found in Appendix No. VIII ..
? This meeting was called under a statute passed 1713, for regulating common lands, the first on the subject. An. Charters, p. 402.
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HISTORY OF PORTLAND.
the warrant, were the following: "to come to a regulation of said meeting by every proprietor bringing in their claims, either by themselves or some meet person in their room, that so each proprietor may have a legal vote in said meeting. 4th, to choose a committee to bring forward and defend to the Gen- eral Court against the town of Falmouth, which is referred to the next May session."1
The other party also procured a warrant from the same jus- tice, April 27, 1730, and held a meeting on the 13th of May following ; the principal article in their warrant was "to choose a committee to consider and examine the right that any person or person have to the common and undivided la us , and how much has been laid out to each proprietor to the in- tent that each proprietor's right or interest in said common and undivided land may be known and stated, and to empower said committee to consider and examine the right that any per- son or persons have to any lands laid out to him or them pos- sessed or claimed by him or them and report their opinion."
The proceedings in each meeting were opposed by the ad- verse party, and the names of dissenters were duly entered by the clerks. The result was that a propriety was established distinct from the town, the interests and doings of which were conducted separately, and recorded in books kept by their own clerk. The old proprietors had taken the advice of John Road, an eminent lawyer in Boston, who counseled them to collect as full a list as possible of all the old claimants before they raised committees to sell lands or to prosecute tres- passers, and that then after giving ample notice, it would be proper to sue trespassers and bring actions of ejectment against
1 The meeting was called by Edmund Mountfort, and held at the house of "B. Ingersoll, innholder," May 20, 1730. Ingersoll lived in what is now Exchange street. Nathaniel Jones was chosen moderator; Thomas Westbrook, Joshua Moody, Nathaniel Jones, John Smith, and Edmund Mountfort, the committee to receive claims.
335
ACTION OF THE LEGISLATURE.
such as continued to withhold the possession of the common lands.1
The committee chosen by the old proprietors to prosecute their petition, made a renewed application to the legislature in September, 1730, urging their attention to the subject. A committee was immediately chosen to hear the petitioners, who in a few days made the following report, "We are humbly of opinion that the counterpart of the deed made by the Hon. Thomas Danforth, President of the province of Maine, bearing date July 28, 1684, to Capt. Edward Tyng and others in trust, be deemed and accepted as good and valid to the persons therein concerned, according to the true intent, purport, and meaning thereof, and that it be received and recorded in the Secretary's . office in Boston accordingly." The legislature accepted the report so far as merely to authorize the deed to be recorded without expressing any opinion upon its validity.
This result of the petition did not settle the controversy, and suits were commenced which had a tendency to inflame the minds of the people still more. The sober and reflecting men in each party at length perceived the folly of a course which kept the town in the highest state of excitement, and retarded its growth and prosperity. They therefore labored to effect a compromise of the existing troubles, which was happily accom- plished in 1732.2 By this auspicious event, the two proprieties
1 Mr. Read was chosen representative from Boston in 1730, and was the first awyer ever sent to the house from that place,-Hutchinson, vol. iii. p. 104, See notice of Mr. Read in Willis's "Law and Lawyers of Maine."
2 The union took place in September, 1732; under date of September 22, Mr. Smith says, "They finished the meeting to-day, entirely to the satisfaction of everybody. The new proprietors took in the old ones by vote, and others, all signed article of agreement. This was the happiest meeting Falmouth ever had. Thanks to God."
Mr. Freeman, in his extracts from Mr. Smith's Journal, has erroneously placed this transaction, with others, under the year 1739; he was misled by the leaves of the journal being placed between the covers of an almanac for that year. Sev- eral other events noticed in the same connection serve to correct the error.
The following is a copy of the agreement between the two parties referred to.
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HISTORY OF PORTLAND.
were united together, and their proceedings were ever after conducted under the organization of May 13, 1730, in harmony.
This corporation has never formally been dissolved, although it is believed that at this time there are no common lands re- maining. Nathan Winslow of Westbrook, was the last clerk ; he died in 1826, and since that time no meeting of the proprie- tors has been held. In 1773, a committee of the proprie-
"Articles of agreement made this day between the ancient and new proprietors of the common land of the town of Falmouth, in Casco Bay, as followeth to wit: Whereas, some of said proprietors have gotten most of their lots laid out, and it being thought by many persons that the land clear of ancient claims, will not hold out to compleat to each person the grants made by said town to them, therefore we agree that the grant of one hundred acres to each proprietor, to wit, old and new, shall be deferred until each proprietor hath gotten the other grants, made by said town to them laid out, provided the grantees desire the same, and take care to get the same laid out of such as may be with conveniency viz : an acre lot, or house lot, according to vote, a three acre lot, a ten acre lot, a thirty acre lot and a sixty acre lot, after which, the remainder of the common land shall be divided to each proprietor, old and new, according to said town votes, to each proprietor one hundred acres if it will hold out, and if not, by the same rule as far as it will go toward an one hundred acres, excepting the eight hundred acres sold to Mr. Waldo, the one hundred acres sold to Mr. Wheeler, and the two hun- dred acres sold to Mr. Pearson, which lands are to be made good and confirmed to the persons aforesaid ; and the money which said lands were sold for, shall be improved for the use of the prorietors aforesaid, all but what has been expended. And whereas the proprietors aforesaid petitioned the General Court for an addi- tion of lands to said town, and in case said petition be granted, the lands shall be divided as the lands aforesaid to old and new proprietors, agreeable to ye votes of said town and propriety. And whereas, there have been meetings held in the town by different parties to the great detriment of the public good of said town, and to put a final end to those unhappy disputes, we consent and agree to combine and corporate into one body, and do allow and confirm the propriety which was set- tled the 13th of May, 1730, provided there be no votes in said propriety but that each proprietor, viz., old and new, shall have an equal share of said common land, and that it be divided according to the rules aforesaid, and that the persons here- after mentioned be returned in said propriety as soon as can be with conveniency, that they may forthwith have their lands laid out if they see cause ; and it is far- ther agreed that all persons that have their land laid out on ancient property shall remove and take lots in the common and undivided lands in said township ; to all above written we agree as witness our hands, dated in Falmouth, September 4, 1732."
337
GRANTS TO PROPRIETORS.
tors, consisting of Enoch Freeman, Stephen Longfellow, and Theophilus Bradbury, reported that the number of proprietors admitted, to that period, was two hundred and seven, to whom had been laid out 27,975 1-2 acres, 28 1-2 rods Laid out to the signers of the Union, 141 3-4
66 יי 104 acre men, . . 1,501
66
persons not proprietors, 1,594 3-4
66 for services and sold, 3,278 1-2 56
34,492 1-2 acres, 84 1-2 rods.
After this report, several persons were admitted proprietors, and grants were made to them as vacant lots were found. In 1784, many grants were made of flats on Fore river. In 1806; a meeting was held to see, among other things, what the propri- etors would do with the undivided land. A very few persons, among whom was the clerk, Mr. Winslow, took any interest in the management of the concerns during the latter days, and now that he is no more, it seems to have entirely closed its operations. His place as clerk has never been supplied. The Proprietors Books of Records, contained in three bound vol- umes and three small paper books, being in my hands, I deposited them for safe keeping and future use, in the office of the Register of Deeds, Cumberland County, in the year 1848.
1
CHAPTER XIII.
CHARACTER OF THE FIRST SETTLERS-SAMUEL MOODY-BENJAMIN LARRABEE-SAMUEL COBB-SAMUEL PROCTOR-INCREASE OF POPULATION-FERRY-INDIAN WAR OF 1722-PEACE-ACCESSIONS TO THE POPULATION, RIGGS, SAWYER, WESTBROOK, ETC. -- ECCLESIASTICAL AFFAIRS-MEETING-HOUSE BUILT -MR SMITH SETTLED.
The persons who revived the settlement of Falmouth, came from different parts of the country ; they were actuated by no common principle, and held together by no common bond, ex- cept that of self-preservation. It was a frontier post and a few persons who were able to live in more secure places, or unless moved by an uncommon spirit of enterprise, would venture their persons and property in so exposed a situation. The first settlers were consequently poor ; many of them were soldiers, "the cankers of a calm world," whom the peace of 1713, had thrown upon society, and who found a resting-place here. Mr. Smith, in his Journal, describes them with a very free pen, he says, "they had found wives on the place, and mere mean an- imals ; and I have been credibly informed," he adds, "that the men they engaged to come to them, were as bad as themselves, having a design of building up the town with any that came and offered ; but the war coming on, purged the place of many of them."1 Some allowance must be made for the prejudice of Mr. Smith against the early settlers who thronged here to the exclusion of the ancient proprietors, whose cause he seems to have warmly espoused.
! He refers to the war of 1722.
339
CHARACTER OF FIRST SETTLERS.
At this distance of time, we cannot separate this reproba- ted class from those who are known to have been more respec- table: Mr. Smith has prudently left their names to rest in obscurity. Among the earliest of the new settlers were men of standing and worth, whose posterity continue to reside here and in other parts of the state. These were Samuel Moody, Benjamin Larrabee, and James Mills, who came in 1716, and Samuel Cobb, who came in 1717. Major Samuel Moody may justly be called the leader of the little colony ; he was son of the Rev. Joshua Moody, a celebrated preacher in Portsmouth, N. H., who died in 1697, and grandson of William Moody, one of the first settlers in Newbury, who came from England with his three sons, Samuel, Joshua, and Caleb, about 1634. Major Moody graduated at Harvard College in 1689, and was for sev- eral years preacher at Newcastle, in New Hampshire, previous to 1704. In 1695, he married Esther, daughter of Nathaniel Green of Boston, by whom he had two sons, Joshua, and Dr. Samuel, active inhabitants of the town, and one daugh- ter, Mary, married to Edmund Mountfort. In 1705, Major Moody had the command of forty men, stationed at St. John's Fort in Newfoundland ; in 1709, he commanded the fort at Casco. While in this situation he had a correspondence with Father Ralle, the French missionary at Norridgewock, and he became the organ of communication in several instances dur- ing the war between the Indians and our government. After the fort was dismantled, having had opportunities to become acquainted with the favorable localities of Falmouth, he con- cluded to fix his residence upon the Neck, to which he moved his family in 1716. His son Joshua graduated at Harvard College the same year, and his second son was then pursuing liis studies at that institution. The acquisition of this respec- table family was of great importance to the prosperity of the infant settlement. It gave strength to its hopes, and afforded encouragement to others to select this as their place of resi- dence. The confidence reposed in him by his townsmen and
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HISTORY OF PORTLAND.
he government, may be inferred from the fact, that he was chosen one of the selectmen several years, and placed in other responsible offices in town ; he was also appointed by the gov- ernment, justice of the peace, at a time when that was truly a mark of distinction, bestowed as such, and not for a fee, and one of the justices of the court of common pleas for the county ; this office he held at the time of his death, which took place April 5, 1729, in the fifty-second year of his age.1
Benjamin Larrabee, the companion of Major Moody, and the second in command at the fort, was born in 1666. His father, Isaac, was one of the early settlers of North Yarmouth, who, with others of the name, having been driven by the war of 1688 from that place, removed to Lynn. Some of the family returned and occupied their former possessions, where their posterity still remain. Capt. Larrabee married Deborah, born 1668, the daughter of John Ingersoll, one of our ancient settlers , who had a large claim here, which circumstance probably in- duced Larrabee to established himself in this place. He died in 1733, aged sixty-seven. His son Benjamin, born in 1700 , was for many years an active and useful citizen, and left a numerous family, whose descendants still live among us ;2 he also had a daughter, Elizabeth, who married Joshua Crom- well, a settler here, but died in April, 1725.
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