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 44
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* 7 Coll. Mass, Hist. Soc. p. 243 .- 3 Mass. Rec. p. 380-40S.
t Ante, A. D. 1652-Lat. 43º, 43', 12".
# Sullivan, p 291-272-390 .- " The seacoast being well inhabited and " the fishing in a flourishing state." -- 1 Hutch. Hist. p. 292.
§ See ante, A. D. 1664.
y Hubbard's N. E. p. 611 .-- Smith's N. Y .- p. 29.
443
OF MAINE.
CHAP. XVI.]
to England ;* leaving only a mere shadow of the Duke's authori- A. D. 1673. ty at Sagadahock, and abandoning the planters to the destinies of their fortune and fate.
sioners ap-
form a new
Encouraged by these eventful circumstances, the General Commis- Court gave their sanction to Mountjoy's survey ; and proceeded, pointed to during their session in October, to erect the easternmost section county. of the patent, beyond Sagadahock into a new county. For this purpose, the legislature appointed four commissioners, Thomas Clark, Humphrey Davy, Richard Callicot, and Thomas Gar- diner, t who were directed to meet at Pemaquid, Cape Newag- en, or some other convenient place eastward of Sagadahock river, hold a court and organize a county,-in legislative language, " according to the wholesome laws of this jurisdiction, that so " the ways of Godliness may be encouraged, and vice arrested."
Invested with powers, direct and discretionary, fully adequate to the trust, they opened their court, in May, 1674, at Pemaquid, May, 1674. which was attended by a considerable number of people. Ac- cording to their express desire, the court first erected this section of the Massachusetts jurisdiction, from Sagadahock to Georges' river inclusive, into a county by the name of " Devonshire,"- Devonshire in remembrance of one in England, having that name, of which Plymouth was the chief town. Next, they administered the oath of allegiance to 84 inhabitants present ; and proceeded to make appointments among them, though none were legally freemen, according to the colony laws.
established.
They appointed Thomas Gardiner, county treasurer, Richard Oficers. Oliver of Monhegan, clerk of the court and recorder, and Thom- as Humphrey of Sagadahock, marshal, who as executive officer of the county, was directed to take charge of the prison. The constables, were Thomas Humphrey of Sagadahock, and Rob- ert Gammon of Cape Newagen. Mr. Gardiner, Mr. Gammon, Capt. Edward Patteshall of Sagadahock, Mr. John Palmer of Monhegan, were appointed plantation or local commissioners, and empowered to marry parties legally published, to take the ac- knowledgment of deeds, to hold "a commissioners' court," for
* 1 Hutch. Hist. p. 292.
t Clark had been the agent, and was then an assistant. Davy was six years afterwards an assistant. Callicot had been a deputy to the General Court from Falmouth and Scarborough, in 1669, and for Saco in 1672. Gar- diner was a worthy landholder, and lived at Pemaquid.
444
THE HISTORY
[VOL. I.
A. D. 1674. trying without a jury, small causes of £10, and to fine for crim- inal misdemeanors 10s, or award ten stripes, according to law, or any special order of the General Court. There were also, in the plantations last mentioned, four intelligent men appointed clerks of the writs, and eight grand jurymen* designated ;- to whom, and to all the civil officers, were administered the quali- fying oaths.
Militia.
In organizing the militia, the court formed five trainbands, viz. at Sagadahock, Pemaquid, Damariscove, Cape Newagen, and Monhegan ; but appointed over them no officers of higher grade than sergeants and corporals ; except two companies, the one at Sagadahock, which seems to have been put under the command of Capt. Patteshall ; and the one at Pemaquid, which was placed under Capt. Gardiner, who was likewise " to have the command " and regulation of all the military forces and affairs throughout "the county."
Commis- sioners' Re- port. A reportt of these regulations and appointments, the legisla- tive commissioners certified "at Pemaquid, May 27, 1674," which being presented to the General Court the same month, was confirmed ; they receiving a return of thanks, and suitable remuneration for their services. The Legislature then ordered a July. County Court to be holden annually, on the 3d Tuesday of July, Term of the at some place in the county, probably at Pemaquid ; appointed C. Courts. Humphrey Davy, Thomas Lake, Richard Callicot, Thomas Gardiner, and George Mountjoy, special commissioners, to hold the ensuing term ; and directed the constables to call together, " at convenient times," the inhabitants of their respective towns and plantations, and ' read to them the colony laws.'}
Taxes.
At the July term, the County Court, holden by the special commissioners, levied and apportioned a tax of £20, to defray " court charges," and to pay for " law books, constables' staves," and other public expenses. It was apportioned thus-to Sag- adahock £4, 10s; to Monhegan £5, 10s; to Cape Newagen
* The jurors were Robert Edmunds and Ambrose Hanwell of Sagada- hock; John Wiford, Elias Trick, and John Prior, of Damariscove ; George Bickford and Reynold Kelley of Monhegan; and John Cole of Pemaquid.
+ 4 Mass. Rec. p. 3-12-13.
# 4 Mass. Rec. p. 16 .- This brought Henry Joscelyn (like Wheelwright, at another time and place) within the jurisdiction of Massachusetts.
445
OF MAINE.
CHAP. XVI.]
£3, 10s ; to Damariscove and Hippocrass* £5; and to Pem- A. D. 1674. aquidt £2. The local commissioners, and grand jurors of each place were required to assess the same, "on the persons and estates of the inhabitants ;" and the constables directed to collect the money, and pay it over to the county treasurer. Fi- nally, the court licensed some suitable persons in each of the five places just mentioned "to keep a house of public entertainment," be provided with necessary lodgings, and retail " wine, beer and liquors, for the year ensuing according to law."}
To mention one probate case as a specimen of legal proceed- ing ;- administration was granted by the Court, to George Bar- net of Monhegan, upon the estate of John Waller, a seaman, resi- dent alternately at that place and Damariscove, who had been dead five years. The administrator gave bond in the penal sum of £50, with Richard Oliver as surety, obliging him to present an inventory at the next term, and to dispose of the property to whom " by law and the clearest testimony," it belonged.
But these transactions, which exhibit somewhat minutely the Peace with interesting policy and prudentials of early times, were scarcely the Dutch. closed, when news arrived of a treaty of peace between England and Holland, signed Feb. 9th. By its sixth article, it appeared that the province of New-York was fully restored to the English. To avoid henceforward the effects of a constructive cession to the crown, which some might call the present surrender, the Duke. of York took from the king a new patent, dated June 22d, 1674, Duke's new comprising all the territories embraced in that of 1664.§ Imme- patent. diately, James, the Duke, commissioned Sir Edmund Andros, Andros, Governor of both provinces, New-York and Sagadahock, who governor. assumed the reins of government in October. ||
At this period, the country upon the seaboard between Piscat- aqua and Penobscot, was in a flourishing state.T M. Denys in his history published ten years before, says, ' the French have a and J. Jos- celyn's re- ' fort on the east side of the Penobscot bay ; and on the other marks.
M. Denys',
* Originally, " Hypocrite." + Now Bristol.
# 4 Mass. Rec. p. 15-16. ¿ Trumbull's Conn. p. 326.
|| Smith's N. Y. p. 32,-Chalmers, p. 531 .- 39 Un. Hist. p. 349.
T 1 Hutch. Hist. p. 292.
446
THE HISTORY
[VOL. I.
A. D. 1674. ' hand the English are settled in great numbers, and have' "a " large country cleared and under improvement."*
Joscelyn, remarking upon the eastern plantations, in his Voy- ages, published this year, observes, that " Black-point contains " about 50 dwellinghouses, and a magazine." " The people " have a great number of neat cattle and horses, 7 or 800 " sheep, a corn-mill, much arable land, and large marshes both " salt and fresh." Falmouth, a town on Casco bay, he says, " is stored with cattle and sheep, has a corn mill or two, and " stages for fishermen." 'Sagadahock further eastward,' he adds, ' is stored with cattle and corn-lands, and has many scattered ' houses and stages along shore, or cabins for those employed ' in the fisheries' :- And the country " from Sagadahock to Nova " Scotia is called the Duke of York's Province. Here Pema- " quid, Metinicus, Monhegan, Cape Newagen, where Capt. " Smith fished for whales, and Muscongus, are all filled with " dwellinghouses and stages for fishermen, and have plenty of " cattle, arable lands and marshes."+
Courts.
Massachusetts, highly gratified with these appearances, con- tinued a regular and tranquil administration of justice in York- shire and Devonshire, holding from year to year, County Courts, in one by an Assistant and the Associates, and in the other, more remote, by five resident commissioners.# Still the claimants of the country, especially the Duke and Gorges, and no less the pordering French, filled her with extreme and perpetual anxiety. In the first place, therefore, to put the clamors and complaints of Gorges to silence, she instructed her agent in England, to offer him £500, for an acquittance of his Province. But the late peace had probably enhanced its value, for the agent stated to the General Court that " Gorges and others were in the clouds, " and expected as much by the year, in interest."
Added to these perplexities, were the calamities of an Indian war, which broke out in 1675, between King Philip of Narra-
A. D. 1675. King Phil- ip's war.
** Mass. Letter Book, p. 104 .- 2 Vols. of Denys' .- 6 Charlevoix, N. F. p. 407-9.
+ Joscelyn's Voyages, p. 200-5 .- His account ends in 1673.
# 4 Mass. Rec. p. 23-28 .- Because Devonshire was remote, the business small and the travelling precarious, the General Court ordered that " the County Court be holden by such men of worth as might be commissioned, though neither be an Assistant."
447
CHAP. XVI. ] OF MAINE.
ganset and the United Colonies. This caused an enquiry into A. D. 1675. the strength of the country, and the efficient means of defence. Eastern sol- The official report was favorable ; for by returns of the militia diery. in the Yorkshire regiment, and the estimation of the effective soldiery in Devonshire, we have these results :-
Kittery contained
180 soldiers,
York, 80
Wells* and Cape Porpoise,
80
Saco and Winter Harbor,
100
Black-point and Blue-point,
100
Casco-bay, or Falmouth,
80
Sagadahock westward,
80
700+
Devonshire,
150
Residue of the Duke's patent,
150±
1,000
From these data, it may be safely estimated, that the white pop- Pepulation. ulation between Piscataqua and Penobscot, must, at this period, have been 5 or 6,000 souls.
The war soon involved Massachusetts in heavy expenses ; for, Taxation. according to the terms upon which New-Hampshire, and the two Eastern Counties submitted to her jurisdiction, neither was obliged to bear any part of the public charges, nor pay any other taxes than those of their own counties. Nevertheless, in the present emergency-in the extremities of a general defence, the delega- tion from Yorkshire, influenced by motives of public policy and justice, were content to have the inhabitants of their county as-
* Before 1688, there were in Wells, 100 families .- Oldmixon, p. 61.
t Chalmers, p. 507 .- In 1673, there were in New-England, 120,000 souls ; and 16,000 able to bear arms .- The militia of Connecticut, 2,070 men .- 1 Trumbull, p. 340 .- But the preceding estimate of population, is quite too low, for there were in Massachusetts, New-Hampshire, Maine, and Saga- dahock, in 1676, 150,000 .- 1 Hutch. Hist. p. 484.
# There were as many as 156 families east of Sagadahock, in 1675; and between that river and St. Georges' river, "near 100 fishing vessels owned" by the people there .- Sylvanus Davis' statement to the Mass. As- sistants, 1675 .- John Joscelyn says, there were at Black-point, in 1671, " 50 dwellinghouses," and Mr. Willis calculates there might be, in 1675, 400 inhabitants in Falmouth.
448
THE HISTORY
[VOL. I.
A. D. 1675. sessed with a fair proportion of the expenses, incurred by the war. The whole sum was large, and hence, the General Court directed the selectmen of the several towns, by warrants from the treasurer, to assess immediately, according to law " nine country rates ;" and cause the money to be collected and paid into the public treasury. It is understood, that the sum total, raised in Yorkshire, was £157, 10s .*
Happy union of Maine and Massachu- setts.
This was the first general tax which the inhabitants of Maine ever paid into the colonial treasury. To protect them, and their interests' and favor their wishes, Massachusetts was now laid under a fourfold obligation, namely, allegiance, fidelity, friendship and public taxes. Nor was implicit unshaken confidence in an- other ever more justly and worthily reposed. Their rights were respected ; justice was administered with constancy and effect, in both the counties of York and Devonshire, so long as it was prac- ticable ; and it must be acknowledged, that Massachusetts was always as ready to aid and protect, as to tax and govern.
A. D. 1676. But this eastern country caused Massachusetts many and great Duke of Monmouth. anxieties. Among her foes were malevolent accusers as well as avaricious complainants. A year or too since, there was a pro- ject started to aliene unto the crown, the whole country from the Merrimack to the Penobscot; in prospect of erecting it into a royal Province for the Duke of Monmouth. So much was he infatuated with the probabilities of deriving from this source an annual revenue of £5,000, that the most positive facts to the contrary, fully adduced, were hardly sufficient to dissuade him from pursuing the deceptive phantom. f
Claims of Gorges and Mason re- vived.
Gorges and Mason, in the prosecution of their complaints against Massachusetts, had at length so far succeeded as to pur- suade his Majesty to send copies of the charges to her, and to require the appearance of agents in her defence. The bearer
* 4 Mass. Rec. p. 42 .- A single tax in Massachusetts was £1,500, in Maine £17, 10; of which each taxable poll paid 12d .- The tax with the overlayings in Massachusetts was apportioned thus :
Suffolk, 16 towns,
paid £ 613, 6s. 11d.
Essex, 17
474, 10, 11
Middlesex, 16
465, 8, 6
Total, £1, 553, 6, 4
Nine country rates would amount to
£13, 979, 17, 0
In Maine £17, 10, multiplied by 9=£157, 10s. total. t. Hutch. Coll. p. 451-472.
CHAP. XVI.]
OF MAINE. 449
was Edward Randolph, a kinsman of Mason, and a man of ad- A. D. 1676. dress, activity and information-noted for his unvarnished preju- dices and severe animadversions, on all occasions, where his friends and foes were at variance. Another part of the errand which he received from the Lords of trade, was, to make enqui- ries into the condition of the country, and report to them a statement of facts.
visit and re-
After his arrival, June 10, he passed six weeks in visits and Randolph's enquiries at Boston, and in this eastern region ; and returning to port. England, delayed not to make a detailed report to his employers, especially to the board of trade. In this he observes, 'if we ex- ' cept Massachusetts, I " found the colonies including Maine very ".desirous of submitting to a general Governor." 'Several of ' the principal inhabitants, particularly in the latter Province, came ' to me with bitter complaints, and entreated me to represent ' their condition to his Majesty ;- ardently expecting relief as ' promised by the Commissioners, in 1665. Some said they had ' greatly suffered and others had been quite ruined, by the In- ' dians, only because they had in those days expressed their duty ' to his Majesty. The inhabitants of New-Hampshire, Maine ' and the Duke's Province, were holding,' he said, ' a friendly cor- 'respondence with their French neighbors ; while the govern- ' ment of Massachusetts was entertaining a perfect hatred towards ' them."*
In a memorial to his Majesty, sent by their agents, William Memorial Stoughton, Lieutenant Governor, and Peter Bulkley, speaker of chusetts to of Massa- the House, who embarked for England, Oct. 30, the General the king. Court represented-that the colony had been involved more than a year in all the privations and calamities of an Indian war ; that though the heathen were beaten in the vicinity, and their great leader slain, they had sprung up in the eastern country, more ma- lignant and desperate in consequence of defeat ; and that the col- ony government was unhappily required, at one and the same time, to maintain a title to the Provinces, to defend the inhabitants, who were constantly praying for succour, and to dispute, with a bloody and barbarous enemy, the possession of these dismal de- serts. 'We may be highly charged, said the General Court, but 'we appeal to the great Searcher of hearts, that no wrong to
* Hutch. Coll. p. 508.
VOL. I.
44
450
THE HISTORY
[VOL. I.
A. D. 1676. ' proprietors is intended,-no profit to ourselves is sought. Quite 'other motives actuate us :- these are a sacred regard to our ' charter rights, and a strong sense of justice, duty and compas- 'sion towards the inhabitants, so distracted with dissensions-all ' which have moved us to receive them to the bosom of favor.'*
Her instruc- tions to her agents.
By the instructions given to the agents, the whole chain of events was to be passed in review before his Majesty ; the aban- donment of the Provinces, in 1634, by Neal, agent to Gorges and Mason ; the melancholy condition of the inhabitants in sub- sequent years ; their cheerful submission under the Massachusetts' charter, in 1652; and their prosperity and quiet, in 1665, when the king's commissioners effected changes in the government which scarcely outlived their departure ;- and to conclude, said the General Court, 'though the country may never be of any great ' value or advantage to us ; yet' " if a sum of money will deter " the claimants from further persecution, and they will resign " and release all their interest in these eastern parts, and bring " the matter to a final close, you may do as discretion shall dic- " tate."
A decision in council. A hearing soon after the arrival of the agents was granted by the king to them and their antagonists, before a committee of the privy council, consisting of the Lords Chief Justices of the King's bench and Common Pleas, and the Lords of trade and planta- tions .- Having examined all the charters, and other evidences adduced, they decided, " that they could give no opinion, as to " the right of soil in the provinces of New-Hampshire and Maine, " not having the proper parties before them ; it appearing that " not the Massachusetts colony, but probably the ter-tenants, had " the right of soil and whole benefit thereof,-yet they were not " summoned to defend their titles :"+-and this equivocal de- cision or report was confirmed by the crown.
Though all the claims of Massachusetts to Maine, were ap- parently extinguished by this decision, it did not determine who was the rightful owner of the Province, but left the future dis- cussion of that question " to the heirs of Sir Ferdinando Gorges, " both as to soil and government."} It however evidently gave
* 4 Mass. Rec.
+ 1 Hutch. Hist. p. 286 .- 1 Belknap's N. I. p. 137.
Į Hubbard's N. E. p. 613.
451
OF MAINE.
CHAP. XVI.]
the ter-tenants or possessors, a much broader and stronger hold A. D. 1676. of the fee, than his grandson, the present claimant, could have anticipated or apprehended.
To avoid further controversy and trouble, Massachusetts fully Purchase of resolved to purchase of Gorges, if possible, all his interest in the Massachu-
Maine by Province. Accordingly she employed John Usher,* a trader of . set ts, Boston, then in England, to negotiate the bargain,} without awaiting the result of any farther discussions about the owner- ship ; who, though the king himself was in treaty with Gorges to obtain it, soon effected a purchase and took an assignment of the Province, May 6th, 1677, for which he gave the proprietor May6, 1677. £1,250 sterling. The instrument, which was of great length, described the parties, expressed the consideration, and gave the limits and boundaries, as set forth in the original charter to Sir Ferdinando. It in fact transferred the territories with " all roy- " alties, jurisdictions, ecclesiastical, civil, admiral and military ;- " the privileges, governments and liberties, granted to Sir Ferdi- " nando Gorges by charter, the 3d day of April, in the 15th year " of Charles I." A. D. 1639. Gorges the grantor covenanted, " that the said Usher should stand seized of an absolute, per- " fect, and independent estate of and in the said County Pala- " tine ;"-' excepting all leases, grants and conveyances made ' by the original proprietor or his agents, engaged in planting the ' Province, especially all grants to William Phillips.'§
* Usher was afterwards Lieut. Gov. of New-Hampshire, and one of Dudley's Councillors. - Elliot's Biog.
+ 1 Hutch. Hist. p. 288.
# Douglas says it was "July 20, 1677" .- 1 Doug. Sum. p. 387 .- Chalmers, p. 397 .- Others say it was " March 13, 1677." But by an authentic copy of the Indenture in the Secretary's office in Boston, May 6, 1677, is the date. § Major Phillips lived in Saco .- Sullivan, p. 373.
Note .- List of Deputies or Representatives to the General Court from Maine, while the Province was under the colony charter, before the above assignment took effect.
Kittery --- John Wincoln, A. D. 1653, 6 years; or 2 of this name. Thomas Withers, 1656, 1 year.
Humphrey Chadbourn, 1657, 3 years. Charles Frost, 1658, 5 years. Roger Plaisted, 1663, 3 years. Edward Hutchinson, 1670, 2 years .- A non-resident. James Emery, 1676, 1 year. Richard Waldron, (of Dover N. H.) 1679, speaker, 1 year.
452
THE HISTORY
[VOL. I.
A. D. 1667. Remarks
The preceding memoirs are the traces of facts and events, which fill the first half century of settlement and public affairs in this interesting country. If our progress has been slow, the checks have arisen principally from those political changes, which always damp, and often extinguish emulation and enterprise. Though the facts and incidents recorded, are comparatively few, and may be thought to occupy pages beyond their merits ; they are nevertheless the elements of our history. They give us a portrait of the state in the cradle. They show us the seeds with which the country was first planted ; the springs opened by the earliest occupants ; the traits of our youthful character ; and the rudiments of our political science. What are the exuberant gifts of nature under a vertical sun, are essentially with us the product of culture, labor and art. Our advancements in improve- ment, wealth and happiness, are the revenue of persevering indus- try, and salutary regulations. The past fifty years show us tests of experiment ;- the future will afford us the wisdom of expe- rience,
York- Edward Rishworth, 1653, 13 years, and of Wells 1 year. Peter Wyer, 1665, 2 years. Samuel Wheelwright, 1677, 1 year, and for Wells and York, 1 year.
Wells --- Hugh Gunnison, 1654, 1 year and for York 1 year, Francis Littlefield, 1665, 1 year. William Simonds, 1676, 1 year.
Falmouth Edward Rishworth, 1659, 1 year,
& Scarboro'-Henry Joscelyn, 1660, 1 year. George Cleaves, 1663, 2 years,
Richard Callicot, 1669, 1 year,
Francis Neale, 1670, 1 year. Arthur Angier, 1671, 2 years,
Peter Bracket, 1673, 2 years.
Baco Robert Boothe, 1659, 1 year. Richard Hitchcock, 1660, 1 year. Richard Callicot, 1672, 1 year.
N. B .- There were no representatives returned from Maine, A. D. 1666- 7-8; and none after A. D. 1679-in this latter year there were two,
453
OF MAINE.
CHAP. XVII.]
CHAPTER XVII.
The Aborigines-Lenni Lenape-Joined by the Mohawks --- The Alle- gheny overcome-The Mohawks affronted with the French-The Mohegans-Algonquins-Indian language and intercourse --- Thir- ty tribes in New-England-Their names-Four dialects in New- England-1st, the Mohegan; 2d, the Aberginian; 3d, Aben- cquis and Etechemin ; and 4th, Mickmak-Union of the four New-Hampshire tribes-Two celebrated chiefs, Passaconaway and Rowles-Their premonitory observations and advice.
THIS Eastern country, when originally discovered by Europe- A. D. 1615, ans, was full of aboriginal inhabitants. The first war they made to 1675. upon the English settlers, was in 1675. Having, therefore, in our progress arrived to this era ; it becomes expedient, before we narrate the particulars of the war, to take a view of the Natives themselves .*
* All historic accounts of the Indian tribes at this age are viewed with in- terest. In the present annals and observations, the author intends to con- fine himself, after a concise introduction, almost exclusively to the natives of Maine. To prevent repetition, he would mention the following books and writers, that have been carefully consulted. 1. Rev. William Hubbard's History of New-England and Indian Wars. 2. Mr. Daniel Gookin's ac- count of the Indians, A. D. 1674, published in 1st vol. Mass. Hist. Coll. p. 76-102. 3. Rev. John Heckcewelder of Bethlehem, Pennsylvania, one of the committee of the American Philosophical Society, at Philadelphia, I vol. 464 pages, Ed. 1819. 4. Rev. Doct. Jonathan Edwards " Observations on the language of the Mukhekaneew Indians,"-pastor of the church, New- Haven. He says in his preface, " while I was a boy of six years, I began " to learn the Indian dialect, at Stockbridge, where my father removed, " and where there were then 150 families of Indians, and only 12 families " of whites." He adds, " the Mohegan language became more familiar " to me than my mother tongue."-Ed. 1788. 5. "New views of the origin of the tribes and natives of America." By Benjamin Smith Barton, M. D .- having a preface of 109 pages, and a vocabulary of $3 pages more .- Philadelphia Ed. 1797. 6. Thomas Jeffreys' History of the French Dominions in North and South America .- Ed. 4to, London, A. D. 1761. 7. " A concise description of the English and French Possessions " in North America." By J. Palairet, agent of their High-mightinesses, the States General of the United Provinces .- Ed. London, 1755. 8. Baron
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