USA > Maine > Cumberland County > Portland > The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part II 1700-1833 > Part 24
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- Subsequent to this, the jurisdiction of maritime causes having been yielded by the States to the U. S. the trial was had in the District Court held in this town in May 1790, and was the first criminal trial which had taken place in that court." The prisoners were de- fended by John Frothingham and Wm. Symmes ; and to gratify public curiosity which was much excited, the trial was had in the
1 Mr. Pierce was at work upon a harrow, when McIntosh came up and wished him to go to his cornfield and see the damage done by his, McIntosh's, horse. Mr. Pierce declined going, and words ensued, rendered sharper by a previous quarrel, when McIntosh made towards Pierce with clenched fists, and Pierce lifting up his hands to resist him, struck him a blow on his head with a mallet, which occasioned his death.
2 The first District Judge, David Sewall was appointed in Sept. 1789, and the Court first met in Dec. following; Henry Dearbon was Marshal, Wm. Lithgow, District Attorney, and Henry Sewall, clerk. There have been but 3 Judges in that Court, viz. Sewall, Parris, and Ware, and 2 clerks, Henry Sewall, and John Mussey. At this court, held in June, 1792, a trial took place against Skinner and al. for being concerned in the slave trade. Judgment was rendered against the defendants for fitting out a ship and importing 13 slaves ; for fitting out the ship they were fined £200 and £50 for each of the slaves imported. John May of this town, was prosecutor, who received half of the fine.
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Capital Trials. [P. 11.
meeting-house of the first parish ; at the close of the first day the jury brought in a verdict of guilty against Bird, but acquitted Hanson who was a boy 19 years old. Sentence of death was ini- pressively pronounced by Judge Sewall, and the unhappy man was executed on the 25th of June following ; having been the first ex- ecution under the laws of the U. States.1
At the July term 1791, two boys, James Tool and Francis Hil- ton, one 18 and the other 16 years of age were tried for arson ; they were charged with setting fire to the dwelling house of Wm. Widg- ery of New Gloucester, in the night time, by which it was consumed with all its contents. One of the boys had confessed that they com- mitted the crime to revenge themselves on Mr. Widgery for flogging them. They were defended by the late chief justice Parsons, who procured their acquittal on the ground that the confession was ex- torted, and not voluntary ; there being no other direct evidence against them.
In July 1798, Jeremiah Pote of Falmouth, was tried and convic- ted of the murder of his wife. The crime was committed in a fit of jealousy and he was sentenced to be executed in August, but the time was extended to Sept. on account of his sickness. He died in prison before the time appointed for his execution arrived." He killed his wife with a shovel, and was supposed at the time to have been intoxicated.
In May, 1808, Joseph Drew of Westbrook, was tried for the murder of Ebenezer Parker, a deputy sheriff, by"striking a blow with a club upon his head, of which he died in the course of a week. The court was held in the meeting-house of the second parish and after a long and laborious trial, he was convicted and sentenced to be executed. The sentence was carried into effect on Munjoy's hill, July 21 of the same year.3
1 The execution took place on Bramhall's hill at the meeting of the roads from Back Cove and Stroudwater, where the guide post stands. 3 or 4000 people were present.
2 He was the son of Gamaliel, and grandson of Wm. Pote, the ancestor of all of that name here, who was admitted an inhabitant of the town in 1728, and built the two story house near Woodford's corner, on the old road from Portland, in which the Rev. Mr. Brown lived and died. William came from Marblehead, and had seven sons : William, Samuel, Jeremiah, Gamaliel, Elisha, Thomas, and Greenfield.
3 Drew was a blacksmith in Saccarappa; Quinby a debtor of whom the sheriff was in pursuit, had concealed himself in Drew's shop. Drew under-
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Capital Trials.
C. 11.]
These are the only convictions for capital offences which have ever taken place in this county, and the executions have been but three, viz. Goodwin, Bird, and Drew.1 A striking change is taking place in all our courts favorable to the character and morals of our people, showing a great decrease of the criminal docket. This must be attributed partly to the genius of our institutions, which while it gives a deep and individual interest to all our citizens to watch over the safety of the community, renders the execution of the law more certain and effectual. It must not however be omitted to notice among the causes of decreasing crime, the check which has lately been given to intemperance, that fruitful mother of vice, and peopler of jails and penitentiaries. Experienced judges on the bench have frequently declared that of all the sources of crime, in- temperance has been more abundant than all others. We trust a fatal blow has been struck at this many headed monster, and that we shall see the spots which have been blasted by its pestilential breath reviving in all the freshness of primeval creation. The strong fact that crime is decreasing among us, is the best encouragement and reward to the philanthropists who have rendered their active services in this great cause of human improvement.2
took to resist the process, and protect his friend, in doing which, the crime was committed that cost him his life.
' By a statute of 1829, the only crimes now punishable by death are trea- son, murder, and arson ; the latter is the maliciously setting fire to a dwel- ling house in the night time. There has been but one capital trial in this county, since the separation from Mass. and that was for arson, of which the accused was acquitted.
2 Chief Justice Mellen has remarked that in an acquaintance of forty-five years in courts of justice, he never knew but on Quaker brought before a judicial tribunal for a criminal offence. This tribute from that able and ex- perienced jurist is high comincndation to the moral qualities of that worthy sect.
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Ecclesiastical Affairs.
[P. II.
CHAPTER 12.
Ecclesiastical affairs after the revolution-Episcopal Society-First Parish-Separation of the first Parish-Second Parish in Portland-Mr. Kellogg settled-First Parish-Death of Mr. Smith-Mr. Nichols ordained-Death of Dr. Deane-Second Parish-Mr. Payson ordained-his death and successor-Third Parish-Chapel Society-Third Parish-High-Street Church- Methodist Society-Baptists-Christians-Universalists-Sue- denborgians-Roman Catholics-Mariners' Church.
AT the commencement of the revolutionary war, there were but two religious societies on the Neck ; the Old Parish and the Epis- copal church. Both were shaken almost to their foundations by the disastrous events of the war ; the episcopal society suffered most, as the principal supporters of that order adhered to the royal gov- ernment and left the country, their pastor Mr. Wiswall, being the first to set the example. The ministers of the other parish also left town, and the people of both societies were scattered abroad. Mr. Smith went to Windham and resided with his son Peter, and Mr. Deane retreated to Gorham where he built a house on a place called pitchwood hill, and which he afterwards dignified in song.1 They held meetings on the Neck occasionally in 1776, and Mr. Smith re- turned to town in the spring of 1777. Mr. Deane who often came to town to perform his clerical duties, did not return permanently until March, 1782. Many inhabitants moved into the neighboring towns, who were allowed by resolve of the general court to pay their taxes during their temporary absence for the support of the ministry in the first parish of Falmouth.
The religious services of the Church of England were wholly suspended during the war ; in 1785 they were revived, and Mr. Parker who came here in that year as a school-master was employed to read prayers to the society. He continued the service about two years in a hired room and was succeeded by Thomas Oxnard in 1787, who continued as reader until 1792. He had designed to go to England to take orders, but having engaged in a correspondence
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1 Mr. Deane's poem called "pitchwood hill" was published, as well as some other poetry of his, but he does not appear to have been very deeply inspired by the tuneful sisters.
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Episcopal Society.
C. 12.]
with Mr. Beisham of London, Dr. Freeman of Boston and others, he imbibed unitarian views of religion, and not being able to satisfy his society of their truth, he was dismissed, and gave up his inten- tion of preaching.1 The society erected a church by subscription in 1787 on the corner of Middle and Church-streets, where they held their meetings until 1803, when the brick church in School- street, called St. Paul's church, now occupied by them, was com- pleted. In 1791, the society was incorporated by the name of " the Episcopal Church in the town of Portland," and then consisted of 41 male members.2
After Mr. Oxnard was dismissed, the pulpit was supplied about four of the nine succeeding years by Joseph Hooper and Rev. Jo- seph Warren ;3 during the remainder of the time until 1801, there was no regular preaching. In the latter year, the Rev. Timothy Hilliard of Cambridge, was employed, and continued the stated preacher of the society until 1808.4 From this time there was no ministry of any kind for more than five years, and the members were scattered among other societies. In 1817 the Rev. Gideon W. Olney was employed a few months, and was succeeded in 181S by Rev. P. S. Tenbroeck, who was instituted Rector in 1819, be- ing the first ever regularly instituted to that office over the society. He continued to discharge the pastoral duties until his connection with the society was dissolved in 1831.5 After the dismissal of Mr. Tenbroeck, they had only occasional preaching until towards the close of 1832, when a temporary engagement was made with Rev. George W. Chapman who is the present pastor of the society.
This society has had to struggle with many embarrassments ; be-
1 He died in this town May 20, 1799, aged 59. His wife was daughter of Gen. Preble, by whom he had several children.
2 The church erected in 1787 was consecrated July 15 .of that year, Mr. Fisher of Salem, officiating on the occasion. It was a wooden building ; di- vested of its tower it was removed to Federal-street, where it was first occu- pied by the Methodist society, then successively as a currier's and cabinet maker's shop ; it is now used as a livery stable.
3 Mr. Warren came here from Gardiner and removed to one of the southern States in 1799.
4 Mr. Hilliard graduated at Cambridge in 1793, he was son of Timothy Hil- liard, minister of that town. He now lives in Gorham.
5 Mr. Tenbroeck was from New-York : at the commencement of his min- istry the number of communicants did not exceed 12, at its close they were more than double that number.
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First Parish. [P. II.
fore the war of the revolution, it was in quite a flourishing condition, was aided by the influence of government, and many of the princi- pal men of the town for rank and property, were numbered among its members ; but that event made a sad inroad upon it, and it has nev- er recovered its former standing. The most flourishing period of its history after the war, was about 1800, it was then sustained by Col. Waite, the Fosdick's, Messrs. Thurlo, Motley, Symmes, Col. Tyng and other men of property, to whose exertions the society is indebted for the neat and handsome church now belonging to it. But as the early supporters of the cause have left the stage of action, their places have not been supplied by the succeeding generation. At the commencement of 1899, the number of families belonging to the society, was 60, beside about 20 gentlemen without families ; the number of communicants 55.
It was sometime after the close of the war, before the first parish could collect its scattered members and recover itself from the ab- solute depression to which its fortunes had been reduced. They were at this time in peculiarly unfortunate circumstances, having two ministers to support, and in arrears to them both for past labours. They had done what they could to support public worship, but they were lamentably poor and dispirited ; dissatisfaction began to exhibit itself in the parish and in addition to their outward embarrassments, they had to contend with a powerful and increasing opposition among themselves. In 1782 they voted £100 to each of the ministers for their services that year and the year before, together with the con- tributions which were weekly collected. In 1783 the parish appli- ed to both ministers to relinquish a portion of their salaries in regard to the extreme pressure of the times, and to accept of a limited sum in full compensation for arrearages. Dr. Deane declined acceeding to the proposal.1
! The Dr. conveyed his views to the parish in a letter, of which the follow- ing is a copy.
Gentlemen of the First Parish in Falmouth :
"I have been so sensible of the sufferings of this parish ever since the commencement of the war, that I have exerted myself by all fit and possible means to lighten your expense in supporting public worship and instruction, and have endeavoured to promote your spiritual welfare to the best of my power. And as your sufferings were by far the greatest in the former part of the war, then was the time when I gave up the most of what the parish had established for my support. But now when we look on the war as almost ended, and have great reason to think hostilities have ceased on this continent,
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First Parish.
C. 12.]
The salaries paid to the two ministers from the time of Dr. Deane's settlement in 1764 until 1775, had been £100 each ; in 1775, in consequence of the losses sustained by the war, they relin- quished the whole of their salaries, and the year after accepted of £70 each ; in 1777 and '78, they were again raised to £100 each. But the war continuing to exhaust the resources of the people, they felt unable to sustain this expenditure, and the amount was reduced to £100 to be equally divided until 1783, when after the correspon- dence we have before noticed, the salaries were raised to £75 each, at which they continued until 1792, when Dr. Deane's was advanc- ed to £100 and remained so during his life, with the addition of $51,66 annually after 1797, for a release of his interest in the par- sonage at that time sold.1
In 1786, there was a party in the parish desirous of withdrawing support from Mr. Smith, who was now 84 years old and unable to discharge the whole duties of his office : application was made to him to relinquish his salary, which he declined doing. After several meetings a salary was at length voted to him, and also the arrearages.
I hope you will call to mind my past difficulties and sufferings, and how large a share I have borne with you in the public troubles, and do by me as you would be willing to be done to in the like circumstances. You will recollect that all the reward I have received and am to receive in lieu of my salary for eight years last past, does not amount to more than £300, and that this sum will not purchase near so much of the necessaries of life, as it would before the war. I trust you do not wish me to relinquish so much of my salary as to oblige me to discontinue my services among you. But I imagine the true reason of the motion you now make me, is a mistaken idea of my circumstan- ces. I have already sunk hundreds of pounds of my real estate, and I can see no reason why I should go on to sink the remainder. I wish for no more than a bare living in reward of my constant endeavours to do that for which I was called and ordained to my ministry. Yea, I will accept of less than so much, and I think the most of you are sensible that £100 paid mostly in goods and work at the prices now current here, is quite inadequate to the support of even a small family, with any degree of elegance or decency. I may add, that if you should see your way clear to pay your ministers their full salaries, it will not make, I suppose, a higher rate than the last was. But if after what I have said, you are still desirous of an abatement, I will propose to you one of the following Either pay me £75 for the year 1783, or deduct the whole of my neat income for all my lands out of £100 and pay me the re- mainder as my salary for said year; only let the deduction be made by ju- dicious and impartial men. I mention this last method because some persons have endeavored to make my income believed to be greater than it is, that so the people may be led to do little or nothing towards my support. Wishing grace, mercy and peace may be multiplied unto you, I remain your servant for Jesus' sake."
1 This made the whole salary of Dr. Deane but $385 a year until 1802, when £5 were added, equal to $16,67 for his release of the weekly contribu- tion, which had to that period been gathered every Sunday.
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Secession from the First Parish. [P. II.
Great excitement existed at this time in the parish ; some were dis- satisfied with the ministers, others with the location of the house, and the whole aspect of affairs foreboded a dissolution of the ancient society. The old meeting-house, pierced and shattered by the enemy, and suffering from subsequent neglect, was a melancholy ruin ; many believed it unworthy of repair, and a committee had reported that it would cost £200 to restore it. Some were for building a new house, another party was desirous to sell the parish lands, and others were for repairing the house, paying all arrearges and taxing the pews to pay the expense. In 1787, a vote actually passed to pull down the old meeting-house and build a new one by subscription, and Samuel Freeman, one of the most active and influ- ential men in the parish opened a paper for the purpose. Matters were now brought to a crisis, and a separation of the disaffected party took place ; they were set off from the first parish Sept. 12, 1787, by a vote of 29 to 13, and formed a new, now the second parish in Portland.' They procured an act of incorporation in March 1788, one of the conditions of which was that they should contribute to the support of the Rev. Mr. Smith one quarter part of the amount voted to him by the first parish.'
The separation was not without pain, and was not readily granted; at a meeting in August a vote for that object could not be carried, and an attempt was made afterwards to reconcile the difficulties ; another meeting was called on. the 28th of August, when the follow- ing subjects were brought under discussion, viz. " to take into con- sideration the expediency of building a meeting-house, the subscri- bers for pews to pay the expense of building, and the ministry to be supported by a tax on the pews. 2. To see if the parish will con- sent that the old meeting-house should be taken down and worked into a new one. 3. To see if they will take any steps to procure a lot whereon to set such new meeting-house," and what they would do with the old lot. But all attempts at conciliation failed. Imme- diately after the separation, the separatists wrote to the Rev. Mr.
1 The persons set off were John Fox, Thomas Sandford, Lemuel Weeks, Jos. H. Ingraham, John Curtis, Joseph McLellan, Joseph Jewett, John Bag- ley, James Jewett, Hugh Mclellan, Abner Lowell, Joshua Robinson, Win. Moody and Enoch Moody.
2 The number of persons named in the charter is 59 including those men- tioned in the preceding note.
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C. 12.]
Second Parish. 229
Murray of Newburyport to recommend a candidate to preach to them, who sent them the Rev. Elijah Kellogg. He had studied his profession under the direction of Mr. Murray, and came to Portland in October 1787, when he preached four Sabbaths in the north school-house, which was situated at the foot of Middle-street. The excitement which existed in town, the novelty of the occasion, and the peculiar and ardent manner of Mr. Kellogg drew around him a large congregation, and for a time almost overturned the foundation of the old parish.' The next year the new society erected the meeting-house, which is now occupied by the parish, and on the 30th of September a church was gathered, consisting of eleven male members ; the house was first opened on Sunday Sept. 28, 1788, and Mr. Kellogg was ordained October 1st following .? It may be here remarked that the division of the old society was not occasioned by any difference of religious sentiment, and although they are now so widely separated by their modes of faith nothing of the kind at the time of separation was exhibited or existed.
After the storm which had resulted in a division of the first parish had subsided, the members who adhered to the ancient spot, bound more closely together by the troubles which pressed upon them, now resolved to use vigorous measures to sustain the society. For this purpose a committee was authorized to sell the parish lands and form a fund, the income of which should be applied to the uses of the parish. They also put in execution in 1788, a law which had been passed in 1786, allowing them to assess their taxes upon the pews, instead of the polls and estates as before practised. This was a ju- dicious measure, for though it caused considerable sensation at first
'Mr. Smith exclaims, October 1787, "Poor Portland is plunging into ruin- ous confusion by the separation. A great flocking to the separate meeting last Sunday and this, in the school-house."
2Mr. Kellogg preached a dedication sermon on the opening of the house. At the ordination, Mr. Williams of Falmouth made the prayer, Mr. Thatcher of Boston preached the sermon, Dr. Hemmenway of Wells prayed before the charge, Mr. Brown of Falmouth delivered the charge, the fellowship of the churches was given by Mr. Clark of Cape Elizabeth, and Mr. Lancaster of Scarborough made the concluding prayer. Mr. Thatcher's sermon was pub- lished. Father Smith, notwithstanding his strong feeling on the subject, at- tended the ordination. The settlement was £250; his support for the three first years, Mr. Kellogg received at his own choice from the voluntary contri- bution of the society, although a salary was voted him. He graduated at Dartmouth College in 1785, at the age of 24, and is still living in this town.
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First Parish. [P. II.
by throwing a number of pews into the market, it resulted in increas- ing and strengthening the society.1 Pews were sold for taxes as low as 10s. 6d. and 20s. and the prospect was alarming, but young men and mechanics being able to purchase a pew for a trifle, disregarded the tax of four or five dollars on a pew and joined the parish. This compelled the other society in 1789 to adopt the same course.
The idea of building a new house was now abandoned, the most ardent supporters of that project having seceded ; attention was next directed to render the old house safe and comfortable. For this purpose a committee was raised in 1792, and £250 appropriated for repairs. At this time the old building was completely resuscitated, the outside and the steeple painted, and an entire new countenance was put upon the affairs of the parish.
About this time the venerable Smith ceased from his labours. He died May 23, 1795, in the 94th year of his age, after a ministry with the people here of 68 years and 2 months." The whole parochial duty now fell upon Mr. Deane, who had been the colleague of Mr. Smith thirty-one years. The Dr. continued to sustain the charge until 1809, when the present pastor, Mr. Nichols, was ordained colleague. Dr. Deane's health and strength had failed considerably several years
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1 The parish land in Westbrook, containing 38 acres, was sold in 1796 for $20 an acre, and the same year a 60 acre lot at Presumpscot was sold at $4 an acre. In 1797, the beautiful lot in Congress-street adjoining the meeting- house lot was sold for $1333. The parish was at that time in debt £453.
2 Mr. Smith was the eldest son of Thomas Smith, a merchant of Boston ; his mother's maiden name was Mary Curran ; he was born in Boston March 10, 1702, graduated at Harvard College 1720, and settled in the ministry here in 1727. He was three times married ; his first wife was a daughter of Col. Tyng of Dunstable, whom he married in 1728 and who died Oct. 1, 1742 ; the second was the widow of Capt. Samuel Jordan of Saco, her maiden name was Olive Plaisted, who originated in Berwick ; he married her in 1744 and she died in 1763 ; his third wife was widow Elizabeth Wendell who survived him. He had eight children, all by his first wife, only two of whom survived him, viz. Peter born in 1731, and Sarah born in 1740, who;both died in 1827. Servi- ces were performed at the meeting-house over the dead body of the ancient pas- tor, on which occasion Mr. Kellogg pronounced an address, from which we bor- row the following eloquent passages : "On the record of Harvard's sons, we find his solitary name ; to all around is prefixed the signature of death. The wilder- ness where he first pitched his tent is now the place of vineyards and of gardens. Not a soul that first composed his flock is now in the land of the living! He lived to see this town respectable in numbers and character, adorned with
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