USA > Maine > The history of the state of Maine; from its first discovery, A. D. 1602, to the separation, A. D. 1820, inclusive, Vol. I > Part 33
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Brown
* See the report of the Commissioners, in 1811, relative to the difficulties in the County of Lincoln. p. 7-12-23 -Documents 33-80 .- Russell and Davison lived in Charlestown, Mass. Drowne was of Boston .- See ante. A. D. 1623-30-36, and post. Chap. 14, 1664.
t See Commissioners' Report of 1811, p. 16-23 .- Documents p. 167-170. Brown's deed is signed by " Captain John Somerset," and " Unnongoit," Indian Sagamores .- The deed to Gould and wife, was supposed to be about a third part of the whole Indian purchase.
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A. D. 1650. his father, lived at New-Harbor, probably in the paternal man- sion. A survey was afterwards made of the different claims ; and James Noble and William Vaughan, in the right of Brown, " improved all the lands lying on both sides of the Damariscotta " Fresh Pond, to the head of it; also on the west side of the "river half way to Sheepscot, and on the easterly side nearly to " Pemaquid Pond."
'Tappan right.
Though " the Tappan Right" was of later date, it extensively interfered with the others, and ought to be mentioned in this place. It originated in three Sagamore deeds to Walter Phillips, dated A. D. 1661-62-74; and embraced " a great portion of the " same lands with the Brown Claim." Phillips conveyed to Rev. Christopher Tappan, Nov. 10, 1752, a greater part, if not all his Indian purchases, under whom surveys were made and pos- sessions taken .* Though the colonies of Massachusetts and New-Plymouth, as early as 1633, passed acts which forbade such purchases from the natives without the license or approbation of their Legislatures ; yet they were multiplied in Maine.
Parker's, also Clark and Lake's claims. A few others ought to be subjects of remark, before we leave this territory.t One was a purchase of an Indian, in 1649, by John Parker of the Island since called by his name, on which he then resided ; and of all land on the west bank of the Kenne- beck from Winnegance-creek to the sea, and westward to the wa- ters of Casco-bay. Another sale was made by a chief the same year to Christopher Lawson, which he assigned, in 1653, to Thomas Clark and Sir Biby Lake.} This was finally confined below the northerly line of the present Woolwich, and embraced the most of that town. The same Thomas Clark and one Roger Arrowsick. Spencer bought, in 1660, Arrowsick Island of a Sagamore,- a conveyance in which Lake was afterwards interested. One Jeremi- squam. Robinhood, a Sagamore, in 1649, sold Jeremisquam Island to John Richards, a resident ; and in 1654, the same Indian con- veyed all the easterly part of Woolwich, to Edward Bateman,
* The first deed to Phillips, was signed by Josle and Agilike ; the 2d by Wittinose and Erledugles ; and the 3d by Erledugles .- See Com. Report of 1811, p. 12-16 .- Documents, p. 82-106 .- Phillips' two first deeds embraced lands on the west side of Damariscotta, now New-Castle, extending to Sheepscot river.
t See Sullivan's Hist. for dates of several Indian deeds, p.[144-149.
# " Statement of Kennebeck Claims," A. D. 1785, p. 7 -- 8.
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and John Brown ;* under whose titles the lands are holden. A. D. 1650 This covered a part of Lawson's claim .- George Davie, who was an early settler near Wiscasset-point, purchased in 1663, of the Sagamores in that quarter, a tract one mile or more in width on the west side of the Sheepscot, including the present village of Wiscasset ; also another large tract on the eastern side of that river. These lands came by inheritance and transfer to gentle- men of wealth, who in 1734, associated at Boston, under the name of " the Boston or Wiscasset Company ;" and were often Wiscasset called the ' Jeremisquam and Wiscasset Proprietors.' In 1666 Company. lands were purchased of the Sagamore, Jack Pudding, which lie on Monseag river near Cowsegan Narrows, southeasterly of Woolwich, called the " Cowsegan Claim :" and indeed all the Cowsegan. lands on both sides of the Kennebeck,t and all the principal Islands in that vicinity, were purchased of the savage chiefs, about 1649, or within the sixteen following years.}
In these conveyances, different deeds often embraced the same Evils of lands, or otherwise their lines greatly intersected or clashed with veyances. these con- each other ; so that they multiplied perplexities in all the grants made here either by the crown, the Council of Plymouth, or the Indians. The most of these titles and claims in sub- sequent years were revived, and invited to their aid as often the complaining proprietor, as the distressed or suffering settler. Confusion, lawsuits and expenses were the evils naturally flowing
from such a source ;- evils which retarded the settlement of the country, and rendered the inhabitants indigent and discontented. In no other portion of New-England, were legal regulations more needed, or the want of them more manifest. Without them, all intelligent and discreet people saw, that neither life, nor property could be secure ; titles to estates were not sound nor permanent ; the interests of piety and education were not promoted ; nor the
* Brown and Bateman lived there in 1666 .- Sullivan, p. 169 .- The early settlement was 1660, under Clark and Lake, who built mills there; (Sir B. Lake's petition to the king, in 1650 ;) and continued their possessions till 1675. Their fort was near Georgetown meeting-house. Hammond's fort was at Stinson's point, on Arrowsick, two miles from the other .- Sullivan, p. 172-3.
t In 1670, there were 20 families on the west, and 30 on the east bank of the Kennebeck .- Sullivan, p. 170.
# Swan Island was purchased of Abbagadusset in 1667, by Humphrey Davie; and afterwards claimed by Sir John Davie, a sergeant at law.
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A. D. 1651. benefits of society in any wise enlarged or established. If the lower orders of people lose all reverence for civil authority, and are filled with distractions, by reason of numerous political changes which are needless ;- what fond expectations of prosper- ity and success could be entertained by a people, under merely the faintest shadows of government ?- Certainly very few ;- nor were they the first to pant even for despotic power which could protect them-rather than to enjoy amid hazards and sufferings, the freedom of their own wills.
4th Divis- ion, or Pe- nobscot.
The fourth political division of our present State, denominated Penobscot, and situated between the river and bay of that name and Passamaquoddy, is well known to have been for several years in the possession of the French. They called it a part of Acadia ; we, a part of New-England. D'Aulney lived only about a year after his victories over la Tour, in unmolested command of this territory and Nova Scotia. His death, A. D. 1651, has been mentioned; and it is remarkable, that Gorges, king Charles," Governor Winthrop, Rigby and d'Aulney, whose names are all connected with our History, should be called from the stage of life, within the short period of four years. The com- mand exercised by la Tour, the successor of d'Aulney, was mostly of a military character, without any civil department whatever.
Character of the east- ments. If civil authority in these eastern territories of ours, had pos- ern govern- sessed the attributes of system, energy, retributive justice, and provident care, to the degree operative in the other colonies ; our advancements in population, wealth and improvement might have fully equalled theirs. Our atmosphere was as salubrious and healthful, our soil nearly as productive, our water privileges, our conveniences for trade, our fisheries and navigation, were all superior ; and enjoying the friendship of the natives among us, we had reason to repose equal confidence in public safety. But our political regulations were crude, injudicious and extremely defective. Though the several governments possessed distin- guishing characteristics, neither was attractive to emigrants. At Penobscot, the ruling power, or government, was Military,-des- titute of every property directly promotive of settlement ; for
* Charles I. was beheaded January 30, 1649 ; and Governor Winthrop died the same year.
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arms and civil liberties are regulated by different laws. At Pem- A. D. 1651. aquid, it was mostly conservative, without power or proportion, to any known extent. All the other settlements and places with- in the Sagadahock territory, were wholly destitute even of a civil magistracy ;- a circumstance, which, though it may be urged to prove the sobriety and peaceableness of those places, surely did not evince very strongly the wisdom and energy of the people. In Lygonia, it was proprietary, and of some force and regular- ity, though without the constitutional forms and executive vigor, necessary to render its rulers and ordinances respected. The death of the illustrious Proprietor, had spread a shade over the whole Province, and filled the people with doubts, whether all political authority and power had not expired with him. In the mutilated Province of Gorges, the government was now confed- erative. It possessed, it is true, the properties of system and union, yet not the strength and ability adequate to self-protection or de- fence.
Many of the Provincials were sufficiently apprized of their condition ; and, perceiving the colonists of New-Hampshire in the full enjoyment of privileges and prosperity, since they had be- come connected with Massachusetts, were strongly inclined to- wards a similar coalescence. Particularly, the inhabitants of Kittery were desirous of the event ;* and the government of Massachusetts, pleased with the project, saw, that by a new and plausible construction of its charter, the object might be attain- ed upon the grounds of right and justice.
* Hutchinson's Coll. p. 314-17.
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CHAPTER IX.
Massachusetts' Claim to Maine-Controversy between the General Court and the Eastern Provincials-Survey of the eastern boun- dary -- The dispute continued-Lygonia -- Commissioners appointed to admit the inhabitants of Maine as freemen-Kittery and York submit-Istes of Shoals-Yorkshire established-Courts constitut- ed and privileges guarantied-Officers-Deputies from Kittery and York to the General Court-The inhabitants of Wells, Saco, and Cape-Porpoise admitted freemen-Those places made towns- Officers-Regulations-Commissioners' protest-Support of Min- isters required-Eastern opposition to Massachusetts-Records of Yorkshire collected.
A. D. 1651. Massachu- setts ex- tends her claims east- ward.
As the charter of Massachusetts colony embraced all the lands " within the space of three English miles, to the northward of the " river Merrimack, and to the northward of any and every part " thereof ;"-her government contended, that by obvious con- struction, all the territory south of a line stretching eastward, across the country, from a point three miles north of that river's source, to the same minute of latitude on the seashore, belonged to her jurisdiction.
This was a new claim ; and the General Court at Boston, in prosecuting it were quickened in their movements, by reason of late reports, that several provincials in Maine, had petitioned Parliament for a charter of government; and that others, proba- bly the majority, had expressly given a decided preference to be connected with Massachusetts .* There was no time to be lost. Even the commodiousness of the river Piscataqua, and the irre- parable injuries to be sustained, if it were in the possession of any other than her friends, were urged as arguments against delays.
Proceed- ings of her Gen. Court.
The two branches of the legislature, being determined to pro- ceed with all the civilities, which the delicacy of the subject re-
* Hubbard's N. E. p. 542 .- In years past the Province of Maine had pursued a course disagreeable to Massachusetts, both " in their ministry " and civil administration."-Winthrop's Journal, p. 275.
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quired, directed, at their October session, that addresses be pre- A. D. 1651. pared and transmitted to Edward Godfrey and his Council, and to the inhabitants at large in the Province of Maine ; acquainting them with the grounds and reasons of their claim. They also appointed three of their most distinguished citizens, Commission- ers,-viz. Simon Bradstreet, a venerable Councillor, Daniel Den- nison, Commander-in-chief of the Militia, and William Haw- thorne, Speaker of the House ; and gave them instructions to re- pair to the Province and admit the inhabitants, by their consent, into the jurisdiction of Massachusetts. Should they meet with opposition, they were directed to protest against all pretended combinations, government or exercise of authority therein ; and in general to proceed according to the dictates of their dis- cretion .*
The Commissioners made the appointed visit, but returned with- Gov. God- out success. Meanwhile Governor Godfrey convened a Provin- frey's peti- cial Court, Dec. 1, and they resolved to present another pe- tition to the House of Commons, which was addressed thus ;- " To the right honorable the Council of State appointed by Par- " liament ;"-" We esteem it our greatest honor and safety to be ' under the present government, established without king or house ' of lords ; and request the benefit of the common safety and ' protection of our nation. We beg leave also to state, that divers ' inhabitants of this Province, by virtue of sundry patents, and ' otherwise, have for these twenty years been under the power ' and guidance of Sir Ferdinando Gorges, who had these parts ' assigned to him for a Province. But he being dead, and his ' son, by reason of heavy losses sustained, taking no care of our ' political welfare ; and most of the charter Councillors, or Com- ' missioners, having died or departed the Province, we were under ' the necessity of combining together for the purposes of govern- ' ment and self-protection, according to the laws of the realm. ' It is our humble prayer, therefore, that our confederative union ' may be confirmed ; that we may be declared members of the ' Commonwealth of England ; that the privileges and immuni- ' ties of freeborn Englishmen, may be granted and secured to ' ourselves and our posterity, as established rights usually enjoyed
* 2 Muss. Rec. p. 84 .- Hawthorne is the first Speaker mentioned of re- cord .- 1 Hutchinson's Hist. p. 150. [Note }.]
tion to Par- liament.
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A. D. 1651. ' by other Provincial subjects ; and that the same favors may be ' bestowed upon us as upon the other colonies.'
" Per me EDWARD GODFREY, Gov. " in behalf of the General Court."
In resisting the assumptions of Massachusetts, Godfrey and Cleaves, with their respective partizans, who had been till now inveterate foes, were naturally drawn into the same lists, as joint defendants and coadjutors. For there were apprehensions, that if the claim were pursued to its utmost extent, it would take in a large part of Lygonia ; and Cleaves, about to visit England, was to be the bearer of the petition, and also its advocate at court. More confident hopes of his success were entertained through the surviving influence of Col. Rigby, whose particular patronage Cleaves might urge with the greatest truth and propriety. He was also furnished with one argument, thought to be unanswera- ble ;- this was the Commissioners' late decision in favor of Rig- by's Province. The petition itself was drawn up in very courtly terms, and he knew the Commons were strongly prepossessed in favor of colonial rights and privileges.
A. D. 1652. Defeated by Massachu- setts.
But Massachusetts, aware of these proceedings, though they were intended to be kept secret, took immediate measures to de- feat the petitioners ; and her agents at court with no inconsiderable ingenuity, stripped off the veil and exposed the disguise, by shew- ing the project to have originated exclusively among American royalists. These circumstances and the prevalence of the same religious and political sentiments in Massachusetts as in Parlia- ment, threw the petition into oblivion.
North limit of Mass. patent sur- vered.
Massachusetts now determined to pursue her claim to its far- thest extent, and with renovated vigor. At the May session, the Legislature resolved that the charter-line did extend eastward from a place, three miles above the northernmost head of Merri- mack river ;- to discover and establish which, they appointed Simon Willard and Edward Johnson Commissioners of survey. These were directed to procure suitable articles and assistants, and with all convenient despatch take " a true observation of the latitude, at the place," with their utmost skill and ability, and make return of their discoveries and services, at the next session of the General Court .*
* 2 Mass. Rec. p. 114-15. Three other Commissioners were also ap- pointed to treat with the people of Maine upon the subject of union.
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The skilful artists selected, were John Sherman of Watertown, A. D. 1652. and Jonathan Ince of Cambridge College. These and the Com- missioners made the proper examination, and afterwards returned upon their oaths ;- " that at Aquahatan, the head of the Merri- " mack, where it issues out of the lake called Winnepuseakik,* " on the 1st day of August, 1652, we found the latitude of the " place 43' 40' 12"; besides those minutes allowed for the three " miles further north which extend into the lake."+
of Godfrey.
Governor Godfrey, in the mean time, addressed a letter to the Opposition Court, stating his surprise and resentments at their conduct. An attempt to hold the Province of Maine under your charter, said he, or by any other legal title, without the pretence either of pur- chase, prior possession or anterior claim, and also without the peoples' consent, is the height of injustice. Far different treat- ment have you received from your eastern neighbors. Yes, added he, when that charter of yours was heretofore threatened, with a quo warranto, at the Council Board in England, and your agents were struck with the muteness of statues ; it was I, who answered the objections and obviated the cavils. Hitherto you have declared yourselves satisfied, with your own possessions, as bounded on a line parallel with the Merrimack, three miles distant from its source, and its northerly bank, following its mean- ders to its mouth ; whereas you are now bursting your bounds, and stretching your claims across Provinces, to which, till lately, no man however visionary so much as imagined you had any right. Your commissioners, it is true, have communed with us plausibly about equal privileges ; yet such is the charity you have heretofore manifested, towards our religion, and other interests, that we trust you will excuse us, if we are the more wary of your proposals and promises.
The reply of the General Court, signed by Edward Rawson, Reply of their Secretary, was of the following tenor :-
Worshipful Sir-Our patent, by Divine Providence, continues to be firmly established, under the great seal. It is true, it was demanded, yet never prosecuted to final judgment ; and the Commonwealth of England has by express recognition since,
the Gen. Court.
* Perhaps, ' Winnipiseogee.'
t That is, the point will be at 43º, 43', 12", adding 3 miles to the above latitude .- 1 Haz. Coll. p. 571-2.
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A. D. 1652. given it fresh and full validity. Though the "Grand Patent of Plymouth" has been dissolved, ours, sanctioned by a Royal Charter, has successfully encountered every attack. Nor do we now claim an acre beyond its true limits ; and had you attentively examined its articles, you must be satisfied with the correctness of our construction. For several years, the extent of our juris- dictional rights were not fully understood ; and so long as doubts remained,-so long as the people of Maine were contented with the regular charter-government established among them, and a friendly intercourse between them and us, was continued uninter- rupted ; we were disposed to forbear, though we have never abandoned the pursuit of our utmost claim and right.
In your resistance, (continued the General Court,) probably a majority of the provincial inhabitants are your opponents ; for they are greatly desirous of being united with us, and they rich- ly deserve our protection and assistance. Most heartily we thank you, for any services rendered us before the Lords Com- missioners of Plantations : but nevertheless, we are bound to in- form you that the inhabitants and lands, over which you claim to exercise authority, are within the jurisdiction of Massachusetts, and that we demand our rights ; assuring you at the same time that you all shall share equal acts of favor and justice with our- selves, should a coalescence be amicably formed. If, however, neither rights nor reasons will induce you to hearken, we shall continually protest against all further proceedings of yours, under any pretended patent or combination whatever : And finally, that our conduct and accord in this affair may be such, as will be pro- motive of God's glory, and the peace of yourselves and us, are the aim and prayer of your cordial friends.
EDWARD RAWSON, Secretary."*
Godfrey's 2d letter.
Unhappily, this address had no effect towards abating the op- position and resentments of Godfrey and his adherents. He wrote another letter full of complaint and retort, in language of this import ;- Sir,-Our rights are equally invaluable as yours. Though you may boast of being owned by the Commons in Par- liament, and expect to dwell in safety under the covert of their wings ; we also are under the same protective power, and are resolved to continue in the possession and exercise of our privi-
* 1 Haz. Coll. p. 564-6.
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leges, till that venerable body shall otherwise order. The dissolu- A. D. 1652. tion of the Grand Patent, had no more effect upon ours than upon yours ; indeed, you have in various ways, for more than 20 years, acknowledged the authority of our patent ; and we marvel great- ly, at your movements and discontent, more especially since we have given you no occasion ; and since it has been solemnly set- tled long ago, that your patent should begin on the seashore, three miles northwardly of the Merrimack. If according to your intimations, there be a party of malcontents among us ; I am acquainted with two or three only of that character, and these are such as have fallen under the penalties of law. Yet, were they tenfold that number, it were neither honorable nor just, to pro- ceed against us, on such grounds. No,-nor yet, for the un- certain or unknown favors which you proffer, ought we to barter away our rights and dear bought liberties : It would be trea- son .- To talk gravely of artists to settle your latitude, to run your lines, and survey your limits, in these parts, is preposterous. We ourselves know something of "geography and cosmogra- phy"-and our exclusive aim is the peace and good of the coun- try. "EDWARD GODFREY, Governor."*
To bring this controversy to a speedy conclusion, three Com- Altercation missioners from Boston met, by appointment, Godfrey and his Mass. Com- between the Council, at Kittery-point, July 11, where they had a spirited con- and the ru- missioners ference, without coming to any terms of reconciliation. The Maine. lers of Commissioners, finding their adversaries inexorable, publicly July 11: proclaimed to the people of Maine, the patent-right, which Mas- sachusetts had to govern them as her colonists; denouncing all exercise of authority by the professed rulers of the Province, and promising to the submissive inhabitants, the full protection of their estates and other rights ; also the same political privileges and acts of favor, as if they had always been under the govern- ment of Massachusetts. In concluding their mission, they virtu- ally absolved the Provincials from all allegiance to Godfrey and his associates in authority, after the 10th of the ensuing Octo- ber.
The proclamation and protest were traversed by another, signed by Godfrey and each of the Council. In this, they raised their voice to a high note of remonstrance against the minatory and
* 1 Haz. Coll. p. 367-8-9.
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A. D. 1652. despotic treatment received ;- lamenting their fate, that after living 20 years in contentment, expending £35,000 in money, and enduring innumerable hardships, for the sake of rational civil liberty, they must submit to the dictation and control of others, against the principles of right and justice, and against their own consent.
But in vain were the pleas of reason and rights, urged against dominant powers :- and complaints too were vain ; still, enlight- ened citizens, could not but foresee and appreciate the ad- vantages, of living under the government of a well-organized Commonwealth, instead of one which had a name to rule with- out the ability to protect.
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