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 57
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In general, all legal usages were observed. But Dudley's ad- Dudley su- ministration was short, and though unpopular, it was not grievous. Gov. An- It lasted only four months and 26 days ; when he was superseded by Sir Edmund Andros. This man arrived at Boston, Dec. 20; and on the same day published his commission. He possessed a despotic disposition, and was strongly attached to the interests of the crown. Between 1674, and 1682, a period of eight years,# he had been ducal Governor of New-York and Sagadahock ;- an office wherein his temper, imperious manners, and arbitrary
perseded by dros.
* The other members of the Council were, William Stoughton, Simon Bradstreet, John Pynchon, Peter Bulkley, Nathaniel Saltonstall, John Fitz Winthrop, Wait Winthrop, John Usher, Jonathan Tyng, Robert Mason, Richard Wharton, Dudley Bradstreet and John Hinckes .- When the board was full, twenty eight .- Eliot, p. 31.
+ 1 Hutch. Hist. 316-1 Belk. N. H. p. 186.
# 1 Doug. p. 430 .- He says " seven years." VOL. I. 60
578
THE HISTORY
[VOL. I.
A. D. 1686. politics, had rendered his name odious to many in the former Province ; and his character unpopular, among all classes in Massachusetts and Maine. Nevertheless, his master, James II. had now greatly enlarged his political sphere, by giving him a commission of Captain-General and Governor in Chief, over all his colonial dominions in New-England, without excepting Ply- mouth or Connecticut.
579
OF MAINE.
CHAP. XXII.]
CHAPTER XXII.
The French in Nova Scotia and at Penobscot-Dutch there-Um- brage taken by the French Governor-Dutch seize upon Penobscot -Expelled-Andros succeeded by Dungan-He appoints Com- missioners to Sagadahock-Their measures-Andros commissioned Governor of New-England-His administration-He plunders Castine at 'Biguyduce-Has a parley with the Indians at Pema- quid-Orders the fort there to be repaired-His treatment of the Indians-His eastern expedition-Garrisons established in Maine -Andros and his adherents thrown into prison-Council of Safety -Government under the Colony Charter resumed-James II. ab- dicates the throne-William and Mary proclaimed-Government of Maine reorganized-War between France and England- Policy of the Canadians-Nova Scotia subdued by Phips-His expedition to Canada-First paper money-Charter of William and Mary.
To preserve the country of Nova Scotia, or Acadia, against A. D. 1670, the incursions of adventitious invaders, the French after a repos- Nova to 1673. session,* established forts at Port-Royal, Chedabucto, St. John's, Scotia. La Heve and Penobscot. Mons. Mourillon de Bourg, acted as Governor ; a profitable trade was pursued in furs, peltry and fish ; French visitors and traders were multiplied ; and the Jesuit mis- sionaries labored with renewed zeal to christianize the natives. In other respects the country, for several years, was treated with great inattention ;+ Canada appearing to afford the principal at- tractions to the enterprize of the French. Meanwhile, the whole coast between Penobscot and St. Croix remained untouched by the arts of culture and improvement, and almost without inhab- itants.
The Dutch had manifested early and great desires to share the The Dutch. North American coast with the English and French. Commer- cial in their pursuits, they knew how to set an adequate value upon water privileges ; and after their treaty with England, A. D.
* Ante, A. D. 1668-9-1670, in Chap. xv .- Hutch. Coll. p. 489.
+ 40 Universal Hist. p. 9 .- Population only 900 whites in Nova Scotia,
580
THE HISTORY
[VOL. I.
A. D. 1674. 1674, being still at war with France, they despatched an armed ship to seize upon the fort at Penobscot, In the capture, there was a loss of men on both sides,* The success was not pursu- ed,-the enterprize offered no considerable gains,-and the pos- session acquired was not long retained.
The country was open and inviting to various adventurers, The Indian trade, masting and fishing, offered encouragements to enterprize ; and several small vessels were employed in a friendly intercourse and trade between the Acadians, and the peo- ple of New-England. The cod-fishery upon the Acadian coast was free; and nothing interrupted the subsisting harmony and mutual correspondence, enjoyed by de Bourg, and the inhabit- ants of New-Hampshire, Maine and the Duke's Province, until the commencement of king Philip's war.t
A.D. 1675.
By enquiries how the Indians could be so generally equipped and supplied with arms and means for assailing the English; it was sufficiently ascertained that they procured guns and ammuni- tion of the Acadian traders, probably with the Governor's appro- bation ; and the English colonists, from this circumstance, ven- tured to accuse, or at least suspect him of instigating the Indians to hostilities, De Bourg, affecting to be highly incensed towards the authors of these surmises and invectives, strictly inhibited his people from having any trade or intercourse with the English ; and ordered an impost of 400 codfish to be demanded and taken of every vessel, found fishing upon the coast : and if they refused to render the number exacted, their fish and provisions should be seized and taken from them.}
De Bourg takes af- front.
Dutch again seize upon Penobscot.
Such was the peculiar antipathy generally entertained towards the principles and manners of the French, that any seizure of their dominions, it might be well supposed, would excite gratitude as well as pleasure among the English colonists. Possibly influenc- ed by this motive-certainly by a perpetual desire of possessing a fine unoccupied region, the Dutch, again in the spring of 1676, sent a man-of-war to Penobscot, and captured the French fortifi- cation there ; determining now to keep possession of the coun- try, But, as this was a part of New-England, and within the Duke's Province ; and as anticipations were entertained of its re- turning, amid some future events, to the English or their colonists,
A. D. 1676.
* Hutch, Coll, p, 464. + 1 Hutch, Hist. p. 280. # Hutch. Coll. p, 489,
581
OF MAINE.
CHAP. XXII.]
either by purchase, recession, or reconquest ; two or three ves- A. D. 1676. sels were despatched thither from Boston, which drove the Dutch from the peninsula .* To the French this must have afforded the greater satisfaction, because the English captors did not tarry, but immediately abandoned the place,
These events and circumstances drew the attention of Gov- A. D. 1677. ernor Andros to his master's Sagadahock Province ; and in con- Gov. An- dros' acts nexion with other reasons induced him, in 1677, to take formal at Sagada- hock. possession of the country-likewise, as previously stated, } to erect a fort at Pemaquid. He was a man of activity; yet, through his whole administration, his aim at monopoly and usurpation, rendered his conduct a subject of common animadversion,
He was succeeded in the government of New-York and A.D. 1683. Sagadahock, August, 1683, by Col. Thomas Dungan ; whose August. Andros suc- appointment, by the Duke of York, was on the 30th of the pre- ceeded by ceding September. Though a papist, inflexible as his master, he Dungan. is reputed to have been "a man of integrity, moderation and genteel manners."} He entertained correct notions of civil liberty, and was the first Governor, who convoked a Legislative Assembly in the Province of New-York, He was a man of good sense and judgment. When a rupture of the eastern In- dians was apprehended, in 1684, his opinion was consulted by the government of New-Hampshire, upon the wisdom and ex- A. D. 1684, pediency of inviting the Mohawks into the public service.§ For, though the French could neither subdue that brave people, nor treat with them, he secured their friendship to the English this year by treaty-which was succeeded, thirteen months and a A. D. 1685. half afterwards, by another with the Abenaques before described.
Receiving his commission from the Duke of York, he was unaffected by the demise of the crown, as before mentioned, Death of Feb. 16, 1685 ;- still exercising the power and enjoying the Charles II. emoluments of the office, until reappointed the next year, by the A. D. 1686. same royal person, now James II. In the confirmation of his
* 1 Hutch. Hist, p. 280, 353 .- President Danforth says, ' it were better ' to expend £3,000, to gain Canada itself, than that either the French ' or Dutch should have it; such is the value of the fishery, masting, and " the fur trade.'
+ Ante, p. 552. # 1 Holmes' A. Ann. p. 461-3-4:
§ 1 Belk. N. H. p, 183, 322 .- For the Mohawks were better acquainted with the "" Indians' skulking fight."
582
THE HISTORY
[VOL. I.
A. D. 1686. official authority, Dungan entered upon new projects of admin- Dungan re-
commission- istration eastward.
ed.
West, com- missioners of the Duke's Province.
Palmer and To superintend and manage the ducal Province at Sagada- hock, he appointed two commissioners, John Palmer,* one of the Council in his Majesty's plantation and colony of New-York, and John West, one of his partisans and favorites, both eager of wealth and distinction; and, investing them with plenary pow- ers, he sent them into the Province. They repaired to Pema- quid, early in the summer of 1686, and published their com- mission. Here they found most of the inhabitants returned to their places of abode, which had been forsaken in the late war ; and Abraham Shurte, exercising the office of town clerk. They visited Sheepscot, New-Dartmouth, the other settlements, and the Islands ; considering the provincial territory, as a county by the former name of Cornwall.
Their con- duct.
Next, they proceeded to regrant or confirm the lands to the settlers, and to other claimants or possessors. In this transaction, they were not only guilty of mean and cruel avarice ; "they were," as a cotemporary author expresses himself, " arbitrary as the grand Turk ;"+-the basest oppressors of a poor, warworn, distressed people. In the single town or plantation of New-Dart- mouth, it is stated, they executed about 140 leaseholds ;} re- serving an annual quitrent of 5s. for every 100 acre lot-or other- wise a bushel of merchantable wheat, or its value in money. The several tracts so leased to individuals, were generally intend- ed to contain 100 acres, yet some were allowed only house-lots of 3 or 4 acres, and for executing any leasehold of 100 acres of woodland and 20 of marsh, they exacted the enormous fees of £2. 10s., and probably a proportionate sum for less or larger quantities. For themselves they made ample provisions, without much regard to the rights of any one ; surveying to each other 10,000 acres, also to Mr. Graham the Attorney-General of Massa- chusetts and to some others, very large and valuable tracts of 6 or
* Palmer was also one of Andros' Council ;- perhaps a Judge likewise. + 2 Math. Mag. p. 510.
Į See one of these deeds, in Sullivan's Hist. p. 162-4-It seems that Palmer acted by commission from " Rt. Hon. Col. Thomas Dungan," Gov- ernor in behalf " of our most gracious sovereign," King James II. supreme Lord of the Colony ;- given under " the seal of the Colony ;" and signed, " J. Palmer."-John Velf, Deputy Secretary.
583
OF MAINE.
CHAP. XII. ]
8,000 acres. From the settlements upon the main, they proceed- A. D. 1686. ed to the Islands ; and even John Dalling, an old inhabitant of Monhegan, found his only safety in taking from Palmer, Sept. 13, a leasehold of his own homestead upon that Island.
Besides the amount of money, being not less than 5 or £600, The suffer- filched in this way from a distressed and enterprizing people ; ings of the > people. the emissaries of the commissioners were busily engaged in ex- citing among the timid settlers, the fears of being ejected from their lands and homes, if they delayed to take the deeds and pay the fees ; and many were thus terrified into the measure .* But, as their purchases were not surveyed nor the boundaries definitive- ly described, the soundness of their titles and extent of their claims might still be questioned, and future contentions and trou- bles be their unhappy doom :- a dilemma, which necessarily con- strained them to enquire, whether they ought to apprehend the most evils from the savages, or from these harpies. Nor did the leaseholders in fact, derive by these instruments any titles ; none of them ever prevailing against Indian deeds, or the grants under Elbridge and Aldsworth.t
In the further execution of the power and trust committed to The com- them, Palmer and West were directed 'to lay claim to the seize a car- missioners+ ' country as far eastward as the river St. Croix,'t-the limit of go of wines the Duke's patent ; and exercise over it the prerogatives of gov- scot. ernment, to the extent of his power and right. Unadvised of these facts, a shipmaster from Piscataqua, in the course of trade, pro- ceeded to Penobscot, with a cargo of wines, where they were land- ed under an idea, that the place was within the French terri- tory. But because they had not been entered in the custom- house at Pemaquid, and the duties paid ; Palmer and West sent and seized them. This gave great affront both to the French and the people of New-England. The government at Boston issued a general circular to all fishermen and likewise to the in- habitants of New-Hampshire and Maine, warning them not to venture upon the eastern coasts, lest they should be surprized and compelled to answer for injuries or damages, done even by
* Hutch. Coll. p. 547-563-5.
t Sullivan, p. 162 .- The Commissioners, (A. D. 1811, Report, p. 23,) say, " no claims under these leaseholds or grants were before them, except the
' rights of settlers, who held their possession under such deeds.' # Hutch. Coll. p. 548.
584
THE HISTORY
[VOL. I.
A. D. 1686. others. However, through the influence of the French ambas- sador at the English court, a restoration of the wines was ordered, and the difficulty healed.
Dungan's administra- tion un- popular.
In Dungan's administration of five years, which terminated with the month of March, 1688, "he removed many Dutch A. D. 1687. " families from the banks of the Hudson-to this Province ;" whose residence was continued till the subsequent Indian war .* All his measures in this region, were rendered extremely unpopu- lar, by the cupidity, and arbitrary procedure of his agents, Palmer, West and Graham ; for " they placed and displaced at " pleasure," and some of the first settlers were denied grants of their own homesteads ; while these men were wickedly dividing. some ' of the best improved lands among themselves.'t
Andros, Gov. of New-Eng- land; and
At length the appointment of Sir Edmund Andros, A. D. 1687, Governor of " Massachusetts, Connecticut,# New-Hampshire, his adminis- Maine, Plymouth, Pemaquid, and Narragansett" or Rhode-Island, tration. seemed to suspend or nullify Dungan's authority in the province of Sagadahock, and bring its jurisdiction into competition be- tween the two rivals. Yet the dispute was soon settled, by a new commission in March, 1688, to Andros ; appointing him Captain- General and Vice-Admiral over the whole of New-England, New-York, and the Jersies.§ His Council consisted of thirty- nine members,|| any five of whom constituted a quorum. Ed- ward Randolph was commissioned Secretary.
March, A. D. 1688:
* Sullivan, p. 291: + Hutch. Coll. p. 565.
# 1 Doug. p. 374 .- He says, " Connecticut" was named in the commission. But Chalmers, p. 419, does not mention that colony.
§ 1 Holmes' A. Ann. p. 473.
| A list of Gov. Andros' Council :- [See 8 Coll. Muss. Hist. Soc. p. 182. New Series.] Massachusetts-Joseph Dudley, William Stoughton, John Pynchon, Richard Wharton, Jonathan Tyng, William Brown, and Edward Randolph .- Maine-Bartholomew Gedney and Edward Tyng .- New- Hampshire-John Usher, Robert Mason, Samuel Skrimpton and John Hinckes .- Plymouth-Thomas Hinkley, Barnabas Lathrop, William Brad- ford, Daniel Smith, John Sprague, John Walley, Nathaniel Clark, and John Cothill .- Rhode-Island-Walter Clark, Walter Newbury, John Green, Richard Arnold, Richard Smith, and J. Alborow .- Connecticut- Robert Treat, J. F. Winthrop, Wait Winthrop, and John Allen .- New- York-A. Brockholt, Francis Nicholson, Lt. Governor, Frederic Philipse, Anthony Baxter, Henry Couillard, John Young, and John Palmer .- New- Jersey-Nicholas Bayard. They are arranged by colonies so far as can be ascertained ; though it is believed W. Winthrop was of Boston. Col. Ged- ney resided some time at York,-usually, at Salem.
585
CHAP. XXII.] OF MAINE.
The commission blended the several departments of govern- A. D. 1688. ment, legislative, executive and judicial ; admitting the interposi- Gov, An- dros' ad- tion of no popular branch, and prescribing no particular form of ministra- administration. Nor were the Governor and Council guided by tion. any other instructions, or mandatory precepts, than the rules and formulas of their own will and discretion. All statute-laws were at their feet ; all taxes were subject to their command ; and land- titles might be made their playthings.
It is true, Governor Andros at first, like king James, his mas- ter, made plausible professions. He gave sanction to all colonial laws not inconsistent with his commission ; he directed taxes to be assessed agreeably to former usages ;* and ordered a regular administration of justice, according to antecedent practices and the customs of the country.
But he soon proved himself a fit instrument of despotism, and Grievances. a just object of general execration. Palmer, Mason, Brockholt, Usher and Randolph, of the Council, were his principal advisers, and West, Graham, and Bullivant, were his parasites and confi- dants Seldom did he convene more than six or seven of the Council on any occasion,-even when his orders and measures touched the vital interests of the community. The people were permitted to meet in their primary assemblies, only once in a year, at the usual time of choosing their town officers. Those wor- shipping in the congregational way, were threatened with the loss of their meeting-houses, unless they reformed. No marriage was allowed to be solemnized, unless the parties or their friends were first bound in a bond with a penalty, to be forfeited unto the gov- ernment, should any lawful impediment come to light. The press was restrained ; and land-titles were directly and fatally assailed. The doctrine was industriously spread and strenuously urged, that the inhabitants must have new patents of their real estate. Indian deeds were pronounced to be no better than "the scratch of a bear's paw." Nor could any old deeds of lands, or ancient titles to real estate, it was said, possibly be valid, in colonies where the charters were vacated ;- according to a pretended law-maxim of
' A tax for 1688, was apportioned thus, Kittery, £16, 3s. 6d. ; York, £6, 18. 10d. ; Wells, £4, 3s. 4d .; Saco, £3, 19s. 2d. ; Scarborough, £3, 16s. 2d. ; Falmouth, £4, 8s. 4d. ; Cape Porpoise, £1, Os. 10d .; Isle of Shoals, £1, 0s. 10d .== £41, 148. 4d. total ;- at one half-penny tax, for fl valuation. VOL. I. 61
586
THE HISTORY
[VOL. 1.
A. D. 1688. the day-the unborn young dies with the expiring dam .- Hence, Grievances under An- dros.
to procure a new assurance of land, it was necessary to file a petition, describing the lot and the claim, and praying for a con- firmation ; to obtain a favorable report from the committee to whom the petition was referred ; to take a warrant for a survey and cause it to be effected, and a descriptive report to be made ; and then, and not till then, could a deed be obtained :- large fees being exacted in every step and stage of the process .*- Sometimes it cost £30, to obtain a single deed, and £2, 10s. were demanded for the probate of a single will :- while Andros, the supreme ordinary or judge, and Dudley, his deputy, divid- ed the emoluments between them .- However, it must be acknowl- edged that they, in managing the business of the probate depart- ment, were the authors of considerable improvement, for they introduced the forms adopted in the spiritual or ecclesiastical courts of England, which have subsequently prevailed in our courts of probate.
Andros was as much determined upon the enlargement of ju- risdiction, as upon the unlimited exercise of power, and the ac- cumulation of wealth. He could not be a stranger to the rapid changes of public opinion in England. Party spirit ran high ; and in the counter currents of politics, one was setting strongly in favor of Holland, and another with equal force against France. Nay, though he was the creature of Jame II., who was a papist, he possessed neither love nor veneration for papal domination, nor for French catholicism. He feared the Dutch, and might sup- pose, if they again seized upon the open country between Penob- scot and St. Croix, which was both in his commission and in the ducal patent, they might, with the present temper of the nation in their favor, be permitted to hold it. He was fully sensible how much a repossession of it would give him credit among the peo- ple of New-England ; and he had reason to believe, the order for restoring the wines seized at Penobscot, was rather an act of justice to the colonists, than of partiality to the French.
With these views, he resolved to seize upon Penobscot ; and
* Through the influence and persuasion of Edward Tyng, one of Sir Edmund's Council, and Sylvanus Davis of Falmouth, many of the inhab- itants of that town took deeds of their lands, in 1687 and 8; who after- wards became incensed towards those men, for urging them to such acts and expense.
587
OF MAINE.
CHAP. XXII.]
in March or April ordered Capt. George, commander of the A. D. 1688. frigate Rose, then at Pemaquid, to be prepared for the expedi- April. Gov. An- tion, by the time he and his attendants should arrive there. Pro- dros seizes ceeding to Piscataqua by land, he sent a message from that place, nobscot. upon Pe- and directed Col. Mason, who was then examining into the state of the provincial militia of Maine, to meet him on the eastern margin of Casco bay ; as he was about embarking for the east- ward, in a sloop attended by a commodious barge. His passage among the Islands of that bay, afforded him much pleasure. He visited Mr. Wharton's possessions at Pejepscot,-ascended the Kennebeck several leagues-and returning, joined Capt. George at Pemaquid ; and both sailed for the peninsula of 'Biguyduce .*
Soon as the frigate was conveniently anchored in the harbor, near the old fort and habitation of Baron de St. Castine; the Governor transmitted to him by a Lieutenant, due notice of his being on board, ready for an interview if desired. But the Baron, too wary to be made a prisoner by surprize, had already taken his family and retired to the woods ; leaving all to the will of the unexpected visitors. They found household furniture, firearms, ammunition and coarse cloths-all which they put on board the frigate ; in nowise injuring his catholic altar, chapel-service, pic- tures, ornaments, or buildings.
In this expedition, the Governor had brought with him carpen- ters and materials, to repair the fortification and render it fit for a garrison. But it had been originally constructed in greater part, of' stones and turf; and had fallen so much into ruins, that he concluded to spare the expense, and abandon the undertaking and the place.
He returned to Pemaquid, where, agreeably to previous invita- Returns to tion, he was met by several Indians. In a parley-he warned and parleys Pemaquid, them never to follow, nor yet fear the French. Call home, said with the Indians. he, all your young men; be quiet ; live in peace ; and we will assist and protect you. Turning to a Tarratine Sacher, he ad- ded,-yes, and you tell your friend Castine, if he will render loyal obedience to the king of England, every article taken from him shall be restored at this place. Hoping to win their good will by courteous talk and kind offices, he then treated them with ar-
* Hutchinson's Coll. p. 562-3-6.
588
THE HISTORY
[VOL. 1.
A. D. 1688. dent spirits, and distributed among them shirts and some other presents.
The situation, harbor and bay, appeared to so great advantage in his eye, he thought Pemaquid might be the principal mart in the eastern country. Finding, however, that the fort, built by his directions eleven years before, had gone greatly to decay, he or- dered it to be thoroughly repaired. To him, some of the inhabi- tants made complaint against the mismanagement of Palmer and West, and prayed him to confirm their original rights and pos- sessions to them. This is unnecessary, said he, for all that Dun- gan's commissioners did, is of no effect. During the spring, an account was taken of the inhabitants scattered along the eastern coast from Penobscot to St. Croix *- after which, his attention was for several months diverted from this country, by public business, which called him to New-York, t
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