USA > Maine > The history of the state of Maine; from its first discovery, A. D. 1602, to the separation, A. D. 1820, inclusive, Vol. II > Part 17
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* Mr. Winthrop was competitor for the office of Lieut. Gov. with Mr. Phips, in 1732. He was the father of John Winthrop; L. L. D. F. R. S. -- the great mathematician .-- Eliot's Biog. p. 506. t Or ' Inferior Court.'
# The father emigrated from the west of England ; was engaged largely in the fisheries on the Isles of Shoals, in 1695-6. After that he removed to Kittery-point, became wealthy,-died, 1734. One account supposes his father lived at the Isles of Shoals.
§ One daughter of Capt. Roger Spencer of Saco married William [af- terwards Sir William] Phips; and another married Dr. David Bennet of Rowley, whose son, Spencer Bennet, was adopted by his uncle Sir Wil- liam, and took by statute the name of Phips. He was Lieut. Gov. of Mass. from 1732 to 1757, the year of his decease.
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A. D. 1728. land-holder in the Provincial territory of Sagadahock, in conse- quence of an original acquittance procured by Sir William from Madockawando, a sachem of Penobscot, to "the lands on St. George's river, so high as the second Falls ;"* and the proprie- tors' recognition of his share in forming the patent into ten parts. He was commissioned Lieut. Governor in 1732 ;- an office he held 25 years. He is represented as a man of more respecta- bility than influence ; and indebted rather to connexions and wealth, than to splendid abilities or eminent merits, for his pro- motion. As a magistrate, however, he was very discreet and up- right .- Some fortuitous circumstance seems to have brought Mr. Thaxter. Thaxtert into the Council for the single year of 1724, as we hear nothing further of him; Mr. Phips being the member for Sagadahock, in years both before and after him.
Disputes of the House and Gov- ernor.
In the summer of 1729, short sessions were holden at Salem and Cambridge-the places to which the Governor, being dis- pleased with the people of Boston, had from time to time pro- rogued the General Court. This gave great offence. In short, the House boldly informed him, that such motives and means would never coerce them into measures against their judgment and duty. The controversy had a fatal effect upon his spirits ; and September 7, after a few days' sickness, he died.}
His death.
Public af- fairs.
These altercations between the king's Governors and the House of Representatives, so warmly and so often repeated, were prejudicial to the interests of the Province. Any topic prominent and exciting in a community, acquires the power of monopoly. The people uttered deep complaints under a policy, that so com- pelled them to receive and obey foreign rulers, wholly unac- quainted with their sentiments, their habits and their country. The dispute appeared to be interminable ; and while the fit of perplexity lasted, public affairs were neglected or managed with- out due skill and wisdom. Owing to the late war, and the scar- city of money-trade and commerce were not in a very flourish- ing state, and the public treasury was empty. To administer im- mediate relief, a new emission of paper money had been thought the only effectual means, and bills were issued, two years previ-
* 1 Douglass' Summ. p. 385 .- See ante, vol. II, p. 97.
+ 1 Doug. Summ. p. 560 .- Col. Thaxter, an agent to Canada.
12 Hutch. Hist. p. 326 .- Governor Burnet had a great taste for Natural History and Astronomy .- 1 Douglass. p. 480.
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ous, to the amount of £60,000 ;- the interest accruing from the A. D. 1729. loans being appropriated to the support of government .* Bloated from time to time, by this corrupt aliment, the body politic found itself at length laboring under a complication of diseases, destruc- tive both of vigor and enterprise.
The eastern country had not, since the peace, been filling with Seulements settlements, and multiplying improvements equal to expectation. crease. did not in- No projects nor propositions of the government, encouraging to emigrants, appeared to be matured. The wisest course was not in fact readily foreseen. Grants fettered with any conditions, could meet with no acceptance. Individuals, even with the gifts of lots, could not be persuaded to make a beginning in the wilderness without associates. Had a liberal policy prevailed, and early incentives been given to the importation of emigrants from abroad, this country might have exhibited in a few years a large popula- tion. But foreigners were looked upon with a jealous eye ; some of them were bad characters ; many were without property ; and the Legislature, through fear they might be a burden to the com- munity, regulated by lawt the terms upon which all visiting strangers might be landed. Hence every sea-captain, before set- ting them ashore, was bound to save the town harmless of all charges 5 years, on their account ; unless the passenger himself could give the security, or prove he was a mechanic, mariner or husbandman, of unblemished reputation. It is manifest such a law, known and observed, would check and discourage emigration.
Nor were the proprietors of patents, and large tracts manifest- Proprietors ing the activity and zeal in promoting settlements, which had re- inactive. dounded so much to their credit in former years. Perhaps they were discouraged in consequence of their losses. They knew perfectly the character of the Indians, and their jealousy of en- croachments ; and they might not be without their apprehensions of some sudden rupture. They found, that settlers could not be spared from the old towns; and certain it is, that the generous enterprising spirit apparent in other times, when they built mills, removed emigrants free of charge to them, and expended large sums in promoting settlements, had now degenerated to mere out- lines of plantations, projects of sale, and land-jobbing speculations. Every thing was in prospect. Men sought gains by deceptive
* 2 Hutch. Hist. p. 296.
+ Prov. Law, A. D. 1724.
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A. D. 1729. representations, and by conveyances of shadowy titles, without any active efforts to settle the lands, or to enhance their real value. Meetings of proprietors were frequent. and much time and money were expended in fruitless schemes and plans, where- by the real wealth and improvement of the country were rather retarded than promoted .*
Condition of S .: gada- hock.
The Provincial territory of Sagadahock was viewed by specu- lators as a fit region, in which to try their skill and gratify their cupidity. The possession of the eastern parts, it is true, had vi- brated several times in years past, between the English and French ; yet since the country had been reseized by Phips, in- cluded in the provincial charter, and solemnly conceded to the British crown by the treaty of Utrecht, it might be fairly expect- ed, that the jurisdictional rights and claims of Massachusetts would be no more called in question. The contrary however was quite too true. Already Armstrong and Coram, j in their re- quests for extensive tracts of the territory, had presented to the ministry such plausible schemes and reasons, that their defeat was not effected without persevering efforts and considerable expense, It was manifestly unfortunate, that the fee in the ungranted lands, through the whole region, and consequently the forests, should remain in the crown ; while Massachusetts, being vested with the jurisdiction, was in duty bound to exercise a provident care and protection over the whole, without any emolument, and with- out the power of making grants, even for the encouragement of settlers.
The vicissi- tudes in the tween Sag- adahock and St. Georges. The territory between the rivers Kennebeck and St. Georges, country be- presented, at this time, the most allurements. Settled a century before, inhabited many years, and thus rendered more readily susceptible of culture and improvement, it richly deserved con- sideration. But how unusual the fate of its inhabitants ? Yes- uncommon vicissitudes had been the peculiar destiny of these devoted plantations. At first, they were without civil govern- ment ; next, they paid some regard to the anomalous civil author- ity of the Pemaquid proprietors, or their agents; in 1664, they were subject to the Duke of York ; in 1676, most of the settlers were formed by Massachusetts, into a county by the name of Devonshire ; the government of the whole Province was resumed
* 2 Belk. N. H. p. 71.
t Ante, A. D. 1718, 1720.
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in 1686, by a Governor, under James II ;* and in 1692, the char- A. D. 1729. ter vested the entire jurisdiction in the provincial government. Not only had this ill-fated people suffered all the evils incident to these revolutions, but they had experienced still harder fate from the Indians. In the first war, the inhabitants made a highly cred- itable and successful defence ; but in the fore part of the second or king William's war, many were killed and the rest driven away by a merciless foe ; their plantations were laid waste; and for about thirty years, there was not found a white man dwelling in this ruined and forsaken Province. Such is a correct though faint portrait of western Sagadahock. Nay, ten years since, when years ago to Attempts 10 re-settle- were only the surviving inhabitants or their descendents, assigns and associ- ates began to re-settle it, they were presently threatened by the na- with partial success. tives ; and ere they were able to construct fencible fortifications, or comfortable cottages, they saw the tomahawk again lifted over their heads ; and few of the families, though in the vicinity of Pemaquid fort, could make themselves secure enough, to outlive the storm. Great courage and resolution have appeared in the enterprize of this people since the peace ; there being at this pe- riod, between Georgetown and Muscongus, about "150 fami- lies," ¡- probably between 900 and 1,000 inhabitants,
But their cup of afflictions was not yet full. There was Intrigues of among intriguing politicians, a strong disposition, either to con- sider the territory an appendage of Nova Scotia, or an acquisition by conquest ; or by some finesse, to detach it from Massachusetts and have it erected into a charter Province, David Dunbar, a native of Ireland, and a reduced colonel in the British service, was fitly calculated to figure in such an enterprize. He was out of business, proud and indigent. He first sought the birth of Bridger, surveyor of the king's woods. This would give him immediate livelihood ; and the appointment was obtained for him Appointed surveyor of the woods, by the recommendation of the Board of Trade, of which Colonel Bladen was an active member, -- a man who was never in love with puritans. Possessing very peculiar arts of address, Dun- bar made the ministry believe, that a large number of his pro- testant countrymen, and many German Palatinates also, were de-
David Duns bar.
* Ante, chap. 22, 1686.
t Commissioners' Report, A. D. 1811 .- " One hundred and fifty families " were settled in these towns at this early period .- A. D. 1730."
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A. D. 1729. sirous of emigrating to this country ; and at length he obtained a Gets an or- royal instruction and proclamation, by which the entire Province der for the possession of of Sagadahock was given into his hands, and he directed to set- Sagada- hock. tle, superintend and govern it; little more being required of him than to preserve 300,000 acres of the best pine and oak, for the use of the crown .*
Repairs fort William Henry and On his arrival in the spring of 1729, it was his first business to secure the good-will and co-operation of Philips, Governor of call, it Fort Nova Scotia. He next put the fortification at Pemaquid in tol- Frederick. erable repair, and changed the name from William Henry, to Fort Frederick, t in compliment to the new Prince of Wales. Here he took up his residence and began his operations. Assist- ed as it would seem, by a surveyor from Nova Scotia, he laid out the territory between the rivers Sheepscot and Muscongus into three townships, to which he affixed the names of three em- Surveys three town- ships, inent noblemen ; viz. Townshend, [now Boothbay ;] Harring- ton, [the southern and greatest part of the present Bristol,] and Walpole, [now Nobleborough and the upper part of Bristol.] Lays out city lots. At Pemaquid-point, near the sea, he laid out the plan of a City. To each settler or inhabitant he surveyed a city-lot of two acres, also 40 acres more, including his improvements, and afterwards an 100 acre lot, more remotely situated.} The residue of Har- rington and Walpole, he assigned to a couple of speculators, Montgomery and Campbell, which on the death of the former accrued to his partner. The assurances of title, he gave the settlers, were leasehold-indentures, with the antiquated reservation of a " pepper corn" rent if demanded. Finding the people who resided northerly of Townshend, between Damariscotta and Sheepscot,§ more backward in submitting to his claim and dicta- tion ; he threatened to punish their obstinacy by expelling them from their possessions.
A.D. 1730. His other incasures.
Inflated with successes, he determined in the spring to be thorough in his measures. As an encouragement to emigrants, he offered every one, who would settle in the Province, an hun-
* The business, " was forwarded by a royal instruction to Col. Philips, " Governor of Nova Scotia, April 27, 1730, to take possession of the lands." -1 Douglass, p. 383.
Settlers drew for their lots .- Burn's testimony.
# See ante, Chap. 23d, A. D. 1692, and 1696. § Now New-Castle.
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dred acres of land, where he might choose ; and promised to A. D. 1730. supply him with a year's provisions .* To invalidate and obscure the jurisdictional rights of Massachusetts, he procured, besides the king's instruction and proclamation, a royal order to the Gov- ernor of Nova-Scotia, for taking formal possession of the coun- try ; and to effectuate his plans and enforce obedience to liis de- mands, he obtained from Annapolis or Canseau, thirty men besides an officer, to man the fortress at Fort Frederick ;t pretending probably, that this, having long been considered the principal key to the Province, ought to be a public garrison. Dunbar conveyed lands at Damariscotta, to William Vaughan, and gave him the benefit of the river ; and here he immediately " built two double saw-mills, and a grist-mill," and also made a farm. The descen- dents of settlers introduced into Townshend, by Rogers and McCobb, under Dunbar, form " at the present time, most of the "inhabitants of Boothbay."}
The news of Governor Burnet's death, excited in England a Arrival of momentary resentment towards the people and the Legislature of Belcher. Governor Massachusetts ; and some thought it time to reduce them to 'a ' more absolute dependence on the crown.' But the indignation soon subsided, in the question, ' who should be appointed succes- sor.' Mr. JONATHAN BELCHER, then in London, one of the agents of the Province, applied for the office with all his address, aided by his numerous and zealous friends. A native of Boston, the only son of a most opulent merchant there, a graduate of Harvard, and well acquainted with the temper and habits of his countrymen, he would have, it was urged,-more influence than a stranger, to carry the favorite point of a permanent salary. There were several other considerations to be noticed in his favor. Besides a good mind, a graceful person and elegant man- ners, he had been a great traveller. Six years he had passed in Europe; twice he had been at the court of Hanover, before the protestant succession commenced in that line ; and had received from the princess Sophia a valuable gold medal. He was aspir-
* Roger's testimony, Rep. p. 156 .- " People who lived in garrison had their separate farms in town."-Fitch's testimony.
t 2 Hutch. Hist. p. 339.
# But afterwards, " many people of Boothbay took deeds under Doctor "Sylvester Gardiner, who claimed under the Plymouth company."-W. McCobb's testimony, p. 167.
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A. D. 1730. ing, openhearted, and sincere ; unsparing, it is true, in his cen- sures of foes, yet unchanging in his attachments to friends. He had a high sense of the honor which the commission would con- fer; and on the 8th of August, he arrived in Boston, the Gov- ernor of Massachusetts, New-Hampshire and Maine; Mr. Wil- liam Tailer being now the second time appointed to fill the place of Mr. Dummer.
Sept. 9. His first speech. The Governor met the two Houses, Sept. 9; and in his first address, he told them, he was commanded by his royal master to press upon their consideration, the instruction for providing him a permanent support ; while he endeavored to mellow their sentiments to a requirement so manifestly dictated, (as he conceived) by the question re- most benign motives, and founded in principles of the purest Salary reason and wisdom. He applauded the judicious course pursued with the Indians, and strongly cautioned the General Court never to neglect their fortifications ;- not concluding till he had declared his own determination, and reminded them of their mutual duty, to preserve the king's woods, as he called them " the nursery of the royal masts," from inroads and destruction. He also recom- mended a more watchful and vigorous execution of the laws against trespassers ; and subsequently* he issued a proclamation for enforcing the statutes of parliament, passed to detect and pun- ish them,
vived.
King's woods.
Grants to the Gover- nor.
Acts against trespasses and ducl- ling.
To remunerate his past services, and defray the expenses of his late journey, the General Court granted him £1,000 currency ; and also £1,000 sterling for his future support, leaving the question of salary entirely untouched. Nor was it believed the trespass- laws needed sharpening. For within three or four years, they had been so revised,t as to authorize a sentence of twenty stripes upon the back of any one convicted of a trespass with the face painted, or disguised ; and also to direct convictions upon proba- ble circumstances, unless the defendant would " acquit himself upon oath." One of the first acts, the present Governor signed, was against duels ; premising that several had been fought, and enacting that the body of the party falling, and also the body of his antagonist, after execution, be buried without a coffin, and
* This was Oct. 9, 1730 .- 13 Mass. Rec. p 171.
+ Came into force August 7, 1727.
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have a stake driven through it, as a memento of the crime .* A. D. 1780. Numerous laws against crimes denote a bad state of society ; else surely they could not with good reason be enacted or multi- plied.
In reviewing the lists of prior civil appointments, he persuad- Appoint- ed the Council, that when a new Governor takes the chair, all fice. ments to of- civil commissions ought to be renewed. This had not been the usage ; and though it were probably his duty to make some removals, the advantage of the innovation would not be other- wise important, than to open a wider field to executive patronage. When engaged in settling the counties, and ere he had touched the incumbents in Yorkshire, he recommended to the Judges of the Inferior Court or Common Pleas, a gentleman for the clerk- ship, whom he was desirous to assist ; the law vesting in them the power of appointment. But considering this an improper in- terference, and knowing the incumbent to be a faithful and mer- itorious officer, they were unwilling to make the change. The repulse gave him displeasure ; and he let them know, that though he could not put a clerk into office, he could a whole bench ; and Judges in he therefore appointed as the Judges, William Pepperell, jr. Court Com Samuel Came, Timothy Gerrish, and Joseph Moody ; through Yorkshire, mon Pleas, whom he found no difficulty in bringing his favorite into place.+
A due regard to rights is the only principle of policy, which can Dunbar's render any political measures acceptable. Dunbar had from the arbitrary acts. first presumed to act with so much vigor, and so little respect for justice, that his management was already exciting universal com- plaint. Regardless, either of ancient grants, deeds, or actual possessions, he resolved to bear down all opposition, and make in his own name, any conveyances which could bring him money. Claimants of all descriptions being thus disturbed, spread their grievances before the General Court. The proprie- Complaints tors of the Pemaquid patent, or the "Drown right" complained, that Dunbar had 'intruded upon their lands-and with force and ' arms, was holding them out of possession ;- praying for relief
* This revised the first one ever passed on the subject of duels-viz. A. D. 1719.
+ 2 Hutch. Hist. p. 336 .- Two of the Judges, however, did not come into office till 1731. At this time the smallpox raged extensively ; and an Act was passed authorizing Courts to adjourn to towns not infected .- Prov. Law, p. 486-7.
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against him,
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A. D. 1730. 'and protection.' Christopher Tappan represented himself to be the owner of several large tracts, " at Damariscotta and ad- joining Sheepscot," which had been settled and improved a se- ries of years, till the inhabitants were killed or driven away by the savages ; and which had been lately repossessed by returning settlers, happy at their homes, till plunged into perplexities by the demands of Dunbar. Many others presented their memori- als to the Legislature, which were filled with similar representa- tions. Particularly, Joseph Roberts, Samuel Whittemore, and Jonathan Loring, living in the vicinity of Sheepscot river, stated, that Dunbar came "with an armed force, turned them from " their lands, seized their timber, burnt and destroyed their " houses," and even 'threatened to throw them into confine- ' ment ;'-beseeching government to resume jurisdiction of this troubled Province, and speedily effectuate the tyrant's removal .*
A. D. 1731. In the winter session, these memorials were all referred to Committee's an able committee of both Houses, of whom Mr. Dudley was against him. chairman ; and they, on the 27th of January, f made REPORT ,- report ' That the lands mentioned in the petitions,-and likewise the ' whole territory between Kennebeck and Nova Scotia, were ' within the royal charter, granted to us about forty years since, ' by our sovereigns William and Mary of blessed memory, and ' have ever been from that time to the present under the care ' and authority, and within the jurisdiction, of our provincial gov- 'ernment : That the Legislature have from time to time, espe- ' cially in the last war, sent military forces into those parts to de- ' fend and secure them from the incursions of the Indians, and ' otherwise been put to great expense in treating and trading with ' them, and making them presents : That laws have been made ' to extend the county of York, and the administration of justice 'over the whole Province-to detect and punish trespasses com- ' mitted within it-and to assist the king's surveyor in the pro- 'tection of the royal woods :- That the memorialists, the pro- ' prietors and settlers of that country, have with others, formed ' several associations, manifested strong desires, and made great
* 14 Mass. Rec. p. 234-6.
t Query, if this Report was not in fact made a year later ?- Sec 14 Mass. Rec. p. 237 .- Yet how could it be so, if the Report of the Solicitor and Attorney General was afterwards, in August, 1731 ?- General Court Jour- nal, 1731-2, p. 87 .- 2 Belk. N. H. p. 81-2 .- Sullivan, p. 393.
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' exertions, to enlarge the settlements, " and build" up towns " in a A. D. 1731. ' regular and defensible manner ;" having transported thither ma- ' terials for building, and necessaries for upholding life, and also ' hired laborers into their service :- That their predecessors in ' former years, had expended " vast sums of money" in bringing ' the lands into a state of cultivation, in constructing habitations, ' and making improvements ; and, moreover, " great numbers" ' had lost their lives in defence of their homes and estates :- ' That Colonel Dunbar, appearing among them, declared he had ' powers and directions from the Crown, to dispose of all the ' lands lying eastward of Kennebeck river, upon conditions he ' said, he well understood, and no person should settle there 'otherwise than under him : That though he refused to exhibit 'his commission, or an exemplification of it, he entered among ' the inhabitants with a number of armed men, and required, nay, ' even compelled them to take deeds of him, or quit their pos- ' sessions : And that the government of the Province were in ' duty bound to interpose in favor of the petitioners and other ' similar sufferers, to lay their complaints, the facts, and documents ' before the Lords of Trade, and obtain, if possible, the opinions of ' the Solicitor and Attorney Generals of England upon the sub- ' ject.'*
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