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 41
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May 1.
About the first of May, the Commissioners entered upon the discharge of their trust, and communicated their Instructions.§ By these, they said, it is manifest, that the king was so far from abridging any concessions or rights in the charter, that he was ready to enlarge or alter them " for the prosperity of the col- ony ;" and he had even directed them to remove every jealousy existing between king and people. With this view, they thought it their duty to enquire how the acts of trade have been regard- ed; to look into the colonial laws, the education of youth, and the titles and claims to lands ; and furthermore to examine into their treaties with the Indians, and the provision made for their instruction.
* Hubbard's N. E. p. 581 .- 1 Hutch. Hist. p. 211-229 .- App. p. 460-4. -Morton's Mem. p. 187.
t Chalmers, p. 573 .- Carr and Maverick arrived at Piscataqua about the same time.
Į 1 Hutchinson's Hist. p. 213.
¿ Chalmers, p. 888-9.
411
OF MAINE.
CHAP. XIV.]
A conference between them and the General Court, soon de- A. D. 1665. generated into downright altercation, and at last, the Commis- Opposition sioners plainly asked the Court,-" Do you acknowledge the General of the Court. " royal Commission to be of full force to all the purposes con- tained in it ?"-To this pointed and embarrassing enquiry, the two branches excused themselves from giving a direct answer :- We prefer, said they, "to plead his Majesty's charter" through which the civil power flows to this colony .- The Commissioners then endeavored to hear a complaint against the Governor and company, but they were prevented by the General Court, which, with characteristic vigor, manifested their opposition by ordering a sound of trumpet, and prohibited the people from abetting a course of conduct, so inconsistent with their duty to God and their allegiance to the king .* In short, to such a height were the debates ultimately carried by the parties, in contrasting the king's Commission and Instructions with the Royal Charter and its rights, that the Commissioners thought it most expedient to break off the discussion. Nichols returned to New-York, and the others abruptly left Boston, early in June, for New-Hamp- shire, Maine and Sagadahock ;t-denouncing upon the colonists and government of Massachusetts the doom due to rebels and traitors.
With the Commissioners, John Joscelyn says, came John Arch- dale, the agent of Mr. Gorges bringing orders relative to the Province of Maine, and a letter to Massachusetts, from his Ma- jesty, by which she was required to restore the possession and government of it to the proprietor. Archdale on his arrival, vis- ited every town in the Province, and granted commissions to Henry Joscelyn of Black-point, Robert Jordan of Spurwink, Edward Rishworth of Agamenticus, and Francis Neale of Casco, who took upon themselves to rule, and who with Archdale ad- dressed a letter to the government of Massachusetts, requiring a surrender of the jurisdiction to the Commissioners of Mr. Gorges. But the entry of the king's commissioners into the Province sus- pended the civil authority of Gorges, which he never afterwards resumed.
* 1 Holmes' A. Ann. p. 394.
+ 1 Hutch. Hist. p. 228 .- Hubbard's N. E. p. 584-5.
412
THE HISTORY
[VOL. 1.
CHAPTER XV.
Letter of king Charles to the provincials of Maine-Massachusetts reviews her claims to the Province -- Three parties there-A Coun- ty Court appointed-The measures of the king's Commissioners - They appoint eleven Justices for Maine and oppose Massachu- setts -- The General Court complain of them-The people of Ly- gonia displeased with the Commissioners-Their memorial to the king-Commissioners proceed to the Duke's Province-They open a Court at Sheepscot-Establish a county and appoint officers- Their other measures-Their official report-Indian Treaty- Sheepscot records-Commissioners return to York-Their account of the Duke's Province-War with France-Unhappy condition of Maine and Sagadahock-Treaty of Breda-Nova Scotia re- signed to France-Disagreement of the Acadians and Puritans -Col. Temple's loss of Nova Scotia.
A. D. 1664. June 11.
CHARLES having resolved to put Gorges into possession of Maine, addressed to the provincials a letter, dated the 11th of June, 1664, which was communicated, probably through the me- dium of his Commissioners .-
The king's letter to the people of Maine.
' To our trusty and well beloved subjects and inhabitants in the ' Province of Maine, and whom it may concern,'-' We greet ' you well.
' As we are informed,-Sir Ferdinando Gorges, the grand- ' father of the present proprietor, and a generous promoter of ' foreign plantations, obtained a royal charter of Maine, and ex- ' pended in settling it, more than £20,000 ; and yet was wholly ' prevented from reaping the fruits of his expenditures and labors, ' by the unhappy civil wars, wherein he though advanced in age, ' bravely engaged in his master's service :- In the mean time, his ' opponents, intoxicated with success as we understand, and deaf to ' the voice of justice, have given countenance to measures by ' which the provincials have been brought within the jurisdiction of " Massachusetts-Bay, and the proprietary deprived of all the is- ' sues and profits of his property ; though according to the decision ' of our " counsel, learned in the law," his right to the charter 'is fully established ; the Province was in possession of the orig-
413
OF MAINE.
CHAP. XV.]
'inal proprietor and under his government several years ; the A. D. 1664. ' large sums mentioned had been by him expended in settling and ' managing it ; he has in the late civil wars, been plundered and 'imprisoned several times ; and being exhausted by losses, and 'ill-treated by the " pretended committees of foreign plantations," ' he and his agents in those times of trouble, had left the inhab- 'itants to the temporary government of their choice. Since the ' restoration, he, by his commissioners, has endeavored to repos- " sess himself of his Province, and two years since, proclaimed ' his Majesty king, established courts, and gave to many the oaths ' of allegiance ; but the government of Massachusetts prohibited ' all further proceedings of those commissioners, till they had or- ' ders from the supreme authority of the kingdom :- We have ' therefore taken the whole matter into our princely consideration, ' (concludes the king) and have thought fit to signify our pleasure ' in behalf of Ferdinando Gorges, the present proprietor, and do ' require you to make restitution of the Province to him or his ' commissioners, and deliver him or them peaceable possession ' thereof, or otherwise without delay show us reasons to the con- ' trary :- and so we bid you-farewell.'"
When the General Court were made acquainted with the con- Remarks of tents of this letter, they undertook to justify their conduct, to the Court. the General royal commissioners, by recapitulating the grounds and reasons, which induced them to receive the provincials under the govern- ment of the colony. His Majesty, as the court believed, was greatly misinformed as to the amount of disbursements made by Sır Ferdinando. It might be true as the inhabitants say, that Mr. Thomas Gorges and Mr. Vines, after deducting their own ex- penses, did lay out £500 of the proprietor's money for the pub- lic good, or possibly £1,000 may have been expended in the whole, through mismanagement in building a house in York, breaking up lands, and a few unskilful enterprizes. Massachu- setts however, was not the first to claim a considerable part of Maine, against the rights of Gorges. For, Baron Rigby, twenty years ago, entered upon a large portion of the territory, obtained a decision in his favor, and exercised government there till his death.t-Nay, did not all the agents of Sir Ferdinando aban- don the Province, to self-formed combinations and revolutionists,
* Hutch. Coll. p. 385-388.
+ 3 Mass, Rec. p. 178-180.
414
THE HISTORY
[VOL. I.
A. D. 1664. long before Massachusetts asserted any right to it ?- Yet what was the nature or character of her claim ; surely it was not to the soil-by sales of which she expected to derive any pecuniary profits or avails. No :- but on the contrary it was exclusively protection and civil government, such as the inhabitants them- selves requested. They had bound themselves by their oaths, their articles of agreement, and other voluntary acts to live in subjec- tion to the laws and authorities of Massachusetts, till their alle- giance might be expressly countermanded by the supreme gov- ernment of England. How then could they consistently with their solemn obligations, submit to another's control, who presum- ed to act without any evidence of such authority, or paramount right, and without process of law ?
The dis- pute.
Nov. 30.
To the letter in behalf of Gorges, addressed by Henry Joscelyn, John Archdale, Robert Jordan and Edward Rishworth, as before mentioned, unto the Governor and Council, requesting them to resign and surrender the jurisdiction of Maine, the General Court, Nov. 30, replied, that they had determined to yield none of their rights in the Province, until their duties in this particu- lar were made plain and palpable. If the king's will were known, it was only through his address to the inhabitants, not by any mandate or express communication to the government of Massa- chusetts. Nor were the king's commissioners with all the power they possessed, authorized in a more special manner to take pos- session of Maine, than of any other Province.
1C65. Three par- ties in Maine.
Thus, the features of the troublesome controversy are exhibit- ed to us, at the opening of the year 1665. A party of the pro- vincials were devoted to the king's will, and of course friendly to the anticipated visit of his commissioners. Many, especially such as were land or office-holders under the Gorges' family, were the advocates of the present proprietary, and some of them claimed to exercise official authority under his appointment. Massachusetts was inexorable ; and numbers of the eastern peo- ple were strongly attached to her government. Therefore when John Archdale,* the proprietor's agent, came forward with an or- der under the royal " sign manual," requiring her to restore unto him Gorges' province, which he said she "had shamefully en- croached upon in the time of the civil wars," the General Court
* Folsom, p. 91-2. Archdale was in the Province a year.
415
OF MAINE.
CHAP. XV. ]
told him, that "the distracted condition of the people in York- A. D. 1665. shire" required rather their protection and assistance, and tliat a government of their choice should never be hastily withdrawn from them.
By the orders of that Body," early in May, we find they speak May. with a positiveness not to be misunderstood. A County Court
County will be holden at York in the present as in previous years. All regulations. civil officers will continue to exercise and perform their duties, and the inhabitants will show, as formerly, due obedience to the colony administration. If Edward Rishworth neglect his duty as County-Recorder, Peter Wyer will take his place, and to him the present incumbent will deliver the record-books and pa- pers. Since there is no resident magistrate in that county, Ezekiel Knight of Wells, will act as such in every particular, till the further order of the Legislature. Messrs Simonds and Dan- forth will hold the usual term of the Courts in York, the current year ; and all transgressors of the law, if any, will have its pen- alties measured to them with all retributive justice.
The king's commissioners, having visited the towns and plan- June. tations between Boston and Piscataqua, made a short tarry in King's New-Hampshire and passed the river, about the middle of June, sioners in Commis. into Kittery. Here they summoned the people together and de- York. scribed to them their inevitable ruin, if they continued under the ' Bay-government.' Its rulers, said they, are rebels and traitors, -their contempts and crimes will soon be laid before his Majes- ty, -and their doom can easily be foreseen.
The position and authority assumed by the Commissioners were not only despotic and unwarrantable, but extremely in- discreet. They virtually assailed the charter of Gorges, telling the inhabitants, it granted privileges altogether too great and exclusive, ever to be possessed and exercised by his Majes- ty's most favored subjects,-Mr, Gorges being truly one. Hence they manifested a forwardness to assist them in obtaining security from the claims, both of him and the rulers of Massachusetts.
Next they exhibited a petition for signature, addressed to the king, praying for a new colony charter. This found signers, among those who were the friends or dupes of these arbitrary men ; also among the licentious, who are ever impatient of re-
* 3 Mass. Rec. p. 116-17.
Kittery and
416
THE HISTORY
LVOL. I.
A. D. 1665. straint, and bankrupts, who were anxious of relief or respite from their debts. Such as were unyielding, they loaded with re- proaches, the volatile they flattered, and the timid they threat- ened. All who did not comply, were told, that their names would be returned to his Majesty, and their disloyalty painted to him in its true colours. So affrighted and amazed were several of them, that they afterwards declared they did not know what they had done. Many of the better and more sensible people looked upon themselves in a condition to be utterly ruined ; and began to entertain thoughts of removing with their families and estates, to some plantation or place of more quiet and greater security.
At York, the Commissioners passed several days, undertaking to form and establish a superstructure of civil authority, through- out the Province. In this, they seem to have acted according to the dictates of their own will, without regard either to the char- ter of Gorges or the claim of Massachusetts.
Their official order was essentially in these words :-*
" By the King's Commissioners for settling the affairs of New- England."
' We having seen the several charters granted to Sir L. s. 'Ferdinando Gorges and to the Corporation of Massa- ' chusetts Bay, and duly weighed the matters in contro- ' versy, do now receive all his Majesty's good subjects, living ' within the Province of Maine, under his immediate protection ' and government. We also appoint and constitute Francis ' Champernoon and Robert Cutts of Kittery ; Edward Rish- ' worth and Edward Johnson of York ; Samuel Wheelwright of ' Wells ; Francis Hooke and William Phillips of Saco; George ' Mountjoy of Casco ; Henry Joscelyn of Black-point ; Robert ' Jordan of Richmond's Island ; and John Wincoln of Newicha- ' wannock, Justices of the Peace ; and constitute them a Court ' to hear and determine all causes, civil and criminal, and to or- ' der all the affairs of the said Province for the peace and de- ' fence thereof ;- proceeding in all cases according to the laws ' of England as near as may be, till the appointment of another ' government by the Crown.
' In his Majesty's name we require all the inhabitants of said
* 3 Mass. Rec. p. 133.
CHAP. XV.]
OF MAINE.
417
' Province, to yield obedience to the said Justices, and forbid as A D. 1665.
' well the Commissioners of Mr. Gorges, as the Corporation of
' Massachusetts-Bay, to molest any of the inhabitants of this Pro-
' vince, till his Majesty's pleasure be known.
" Given under our hands and seals at York, within the said
" Province, the 23d of June, 1665."
" Robert Carr. " George Cartwright. " Samuel Maverick."
They also prescribed a form of oath, which they administered Commis- to these magistrates of their appointment ;* and resolved in sup- sioners re- port of their own authority, to oppose the two Assistants who thority of were expected from Boston to join the Associates as usual, and setts. hold a County Court, and if possible to prevent a session. There- fore, Carr, a bolder spirit than his colleagues, issued an order, July 2, to the commander of the militia company in these words ;-
" To Capt. John Davis, or in his absence to the next officer in " command :
" In his Majesty's name, you are required to give notice to "your company, that without fail, they do appear in arms on " Tuesday morning next, in the field, where they usually meet, " there to attend further orders." R. Carr.
In the provincial form of government now established and put Govern- in operation, General Assemblies, composed of all in commission, tuted. and of burgesses or deputies from the several towns, were holden at York, which was evidently appointed to be the seat of government. The Royal Commissioners directed, whenever the Justices were equally divided on any subject, that Mr. Joscelyn should have the casting vote-if he be absent, Mr. Jordan. Another order allowed juries of seven men only, 'on account of the fewness of the inhabitants,' to be impanelled for the trial of cases ; and the first inferior Court under this organization of the government was holden at Wells, in July following, the second at York, Nov. 7 .- William Phillips was appointed Major-commandant of the mili- tary forces in the Province ; R. Hitchcock and John Lazer, offi- cers of the Saco and Cape Porpoise companies.t
ment insti
* See post, Sept. 5, 1665.
t At the July term in Wells mentioned, the Court ordered ' every town " to take care that there be in it a pair of stocks, a case and couking Voz. I. 40
sist the au-
Massachu-
418
THE HISTORY
[VOL. I.
A. D. 1665.
When the Assistants arrived at Piscataqua from Boston, they were informed of the call made upon the militia, and the menaces uttered and spread by the Commissioners ; and therefore to avoid an open rupture with men, whose tarry and overtures in the Pro- vince must be short, they proceeded no farther ; immediately re- turning home and reporting the facts to their government.'
Never were men and their course of measures more universal- ly unpopular. Massachusetts inveighed against them vehement- ly, charging them with a violation of their own commission and instructions : For no official acts or proceedings of the Board, without the presence and approbation of Col. Nichols, were to be valid ; nor were they ever to disturb any ancient establish- ment of patent claims, nor in any event interrupt the ordinary course of justice ; whereas they were authors of the boldest and most violent measures, without the king's consent, or knowledge ; and had struck a deadly blow at chartered rights, as well as at the public tranquillity. 'Are these the disciples of peace ? nay, 'in Job's time, said the General Court, it was the province of a ' day's man to appease antagonists, by laying the peace-maker's ' hands on both ; but the wisdom or artifice of these men, have ' converted the temple of peace into a forum of wretchedness.' The Court also, by way of a remonstrance, spread the Commis- sioner's conduct before the king, with a correct portrait of its deformities.
The Ly- gonians ad- dress the king.
Equally opposed to the Commissioners and to Gorges were the eastern provincials, or inhabitants of Lygonia. They were fully aware of their unhappy condition, and in consideration of the king's letter, to them and the rest of Maine, the preceding year, they prepared a memorial to him, August 1, which was signed by George Cleaves, and twenty-one of his friends and neighbors .; It commenced, and proceeded thus :-
August 1.
' [ducking] stool, erected between this and the next court.' The latter was the old instrument for the punishment of common scolds. It consisted of a long beam moving like a well-sweep upon a fulcrum; the end ex- tended over a pond, on which the culprit was placed and immersed. Fol- som's Saco and Biddeford, p. 96.
* 3 Mass. Rec. p. 207-8.
t Their names are George Cleaves, George Mountjoy, Francis Neale, Phinehas Rider, Richard Martin, Benjamin Atwell, John Ingersoll, George Ingersoll, Jolin Wakeley, John Phillips, Robert Corbin, Henry
419
CHAP. XV.] OF MAINE.
' The humble petition of the inhabitants at Casco in the Pro- A. D. 1665. ' vince of Maine, represents, agreeably to your Majesty's com- ' mand, our several reasons, why we could not submit to Mr. ' Gorges ... But first-To our most gracious father, we, your hum- ' ble subjects, inhabiting a wilderness in the northern parts of 'your dominions, would return our most dutiful and hearty thanks, ' for your princely care of us and our children. Required by ' your Majesty to render submission to Mr. Gorges or assign our ' reasons for declining it, we are frank to say, we have no dispo- ' sition to oppose his government, whenever our obedience is ex- ' pressly commanded by your Majesty. In our union however, ' with Massachusetts, we all pledged our allegiance to her gov- ' ernment, till our royal sovereign should otherwise determine ' and direct. Yet we have found by happy experience, as your ' Majesty very justly intimates, that her maxims of policy, pru- ' dence and moderation, and her principles of amity and justice, ' so much the causes of her own eminence, have since our short 'connexion with her, been the means of our contentment and ' prosperity, far beyond what we have enjoyed during any former ' period of the same length. The Commissioners, nevertheless, ' forbid our submission to her government, and likewise to Mr. ' Gorges ; and in return she withholds our allegiance from them. ' So unhappily situated, we humbly entreat your Majesty not to ' believe us disloyal, because our names are not found on the peti- ' tion for a change of government or rulers, as we have no just ' cause of complaint against either Mr. Gorges or Massachusetts ; '-being taught by the best authority, that ' obedience is better ' than sacrifice,' and contentment is our duty, wherever the allot- ' ment of God in his Providence, and your Majesty's commands ' shall cast us.
' Threatened as we are, for not signing the petition and sub- ' mitting to the Commissioners, we beseech your Majesty to take ' these reasons and our case, under your fatherly eye and give us ' directions ; for it is the design of our hearts to act correctly and ' uprightly ; and we would rather submit to whatever government ' may be appointed over us, than to contend, or to direct what it 'should be.'*
Williams, Ambrose Boaden, George Lewis, John Lewis, Thomas Skilling, Thomas Skilling jr., John Skilling, John Cloyes, Thomas Wakeley, John Rider, Nathaniel Wallis.
*Hutch. Coll. p. 396-398.
420
THE HISTORY
[VOL. I.
A. D. 1665. Commis- sioners go to Sagada- hock.
The Commissioners, after spending more than two months in the Province, principally at York, Scarborough, and Falmouth, in settling or rather revolutionizing the government, proceeded to the Duke's territory of Sagadahock or New Castle. It is sup- posed to have been at this period and afterwards, that several Dutch families removed from New-York into the territory, and settled upon the eastern banks of the Sheepscot, and the western banks of the Damariscotta, about the lower falls of those rivers .*
Sept. 5. Their meas- ures at Sheepscot.
A Court was first opened by the Commissioners, Sept. 5, at the dwellinghouse of John Mason, t who lived on the east bank of Sheepscot river-at the Great Neck, not far from a block house or small fort ; which was half a league westerly of Dam- ariscotta lower falls.
Being now within the Duke's own patent and Province, as they supposed, whereof the whole was under the administration of Col. Nichols the Governor, the other Commissioners were per- haps authorized to act now without his concurrence. Here were no conflicting jurisdictions. Destitute of any regular government, the inhabitants were not reluctant to render obedience unto any power, that was able and willing to protect them. The nominal administration at Pemaquid under Mr. Shurtet was still a mere conservation of the peace without much system or efficiency.
The Commissioners appointed Walter Phillips of Damaris- cotta, clerk and recorder, whose book of records was entitled " the rolls of such acts and orders, passed the first sessions hol- den in the territories of his Highness the Duke of York, on the eastern and northern side of Sagadahock and extending to Nova Scotia ;- begun at the house of John Mason on the river Sheeps-
* Sullivan, p. 36-38-158-283-291 .-- At Woodbridge's neck on the east- ern bank of the Sheepscot river, a mile above Wiscasset point or vil- Jage, there are appearances of a very ancient settlement-where the cavi- ties of many cellars are now manifest, though there are trees in some of them of a large size.
t Mason purchased the land of two Sagamores, Robinhood and Jack Pud- ding. Sullivan, p. 66-289 .- Mr. Randolph came hither after the Revo. lution, claiming through his mother, heirship to John Mason's lands, his ancestor. He said his parents told him he was born at Sheepscot, and they fled with him when an infant to New-Jersey, to escape the tomahawk. He produced papers certified by Walter Phillips, and had a copy of Gen- eral Dungan's commission. But his claim was obsolete .- Sull. p. 166.
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