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 20
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A. D. 1736. from this time, the settlement called by that name assumed the rank of a town. It is now among the most important munici- palities in the State. Here is our principal seat of classic science and literature. The village is delightfully situated on a sandy plain ; the greater part of the dwellinghouses and stores, standing on both sides of a wide and spacious street, a mile in length, terminated on one end by the Androscoggin, at the Lower Falls and the bridge, and on the other, by the meeting-house and the College edifices.
Dormant claims in Sagada- hock. If the prosperity of a country is evinced by the multiplication of incorporated towns ; its real importance is rendered certain, when the worth or value of the lands make it an object to revive ancient and dormant titles. Such of late had been the hard destiny of many inhabitants, in the territory of Sagadahock. Overwhelmed by these and other discouragements, several fami- lies in the vicinity of Pernaquid had actually removed to other places. For the first time, a claim resting upon a title, an hun- dred years old, was now revived by William Sheriff of Annapolis, Hamilton's and prosecuted with no inconsiderable zeal. In the petition, which he presented to the General Court, as agent to the Duke of Hamilton and Branden, he represented, that his principal was heir at law to James Marquis of Hamilton ; and that the old Plymouth Council assigned to the ancestor, April 22, 1635,* a tract of 10,000 acres, on the easterly side of Sagadahock, to- wards the mouth of the Androscoggin ;- praying that he might have leave to take it into possession. But the petition was dis- missed ; and another of like purport subsequently met with the same fate.
In new countries, there are numerous events which dishearten a poor and scattered people. The former season had been un-
1715, educated at the University of Edinburgh, and ordained at Boston 1747, by a Presbytery, in consummation of his settlement at Brunswick. His salary was £200 old tenor. Being dismissed in Oct. 1760, he was succeeded Nov. 1762, by Rev. John Miller, who died in 1788. Rev. Eben- ezer Coffin was settled in June, 1794, and preached eight years. In May, 1811, Rev. Winthrop Bailey was settled.
* See assignment of the twelve Provinces by the Plymouth Council, A. D. 1635. Ante. The sixth division was to the Marquis of Hamilton-after- wards perhaps a duke-and extended from Naumkeag (Salem) to Narra- ganset. These 10,000 acres, if ever granted, might have been another and separate grant.
title assert- ed in vain.
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CHAP. VI.] OF MAINE.
favorable to husbandry ; and in the autumn, it was evident the A. D. 1737. provisions raised were altogether insufficient for the people's sup- A scarcity port. Owing to short crops abroad, fewer vessels were freighted ions.
of provis- with supplies to Maine, during the winter, than in preceding years, and ere the spring opened there was a scarcity, which was little short of a famine. Some had no corn nor grain for several weeks ; in April, the hay was generally expended ; indeed there April. was nothing to spare of any eatable article, not even potatoes ; it being reported, that not a peck of them could be bought in all the eastern country. Till harvest there was distress for bread even in Boston ; and it was remarkable, if some of the destitute upon our eastern frontiers did not perish with hunger .* What gave poignancy to the distress was the deadly throat distemper before mentioned, which continued still to rage in many towns ; and several also died of a pleuretic fever.
* In consequence of the great scarcity, the truck-masters were directed by the Legislature, December 24, 1737, to distribute to the Indians, provis- ions to the amount of £113, 6s. 8d .- Note-The volume of Massachusetts Colony Records, from 1737 to Sept. 30, 1741, is missing-supposed to be lost.
VOL. II. 25
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CHAPTER VII.
Dispute about the north and south boundaries of New-Hampshire- Reference-Decision-Appeal-King's decree-Belcher's view of the eastern country-Yorkshire militia divided into two Regi- ments-Gov. meets the Indians-Suspicions of them-Yorkshire records-War with Spain-Defensive measures-Scarcity of specie-Land-bank-Public embarrassments-Boundaries partly surveyed-Gov. Belcher removed-His character-George White- field-Laws-Gov. Shirley takes the chair-His Speech-New tenor-A dearth-Impressments-Shipbuilding and the fisheries -Indians withdraw to Canada-The Gov. meets a large body of them at St. Georges-His view of the castern country-Set- tlement of it-Effects of the new tenor upon society-Laws to prevent costs in lawsuits-Governor's view of fees-New valua- tion-Taxable polls -- Census of Maine-B. Wentworth, Survey- or of the woods-Fears of war-Preparations for defence.
A. D. 1731, to 1736.
Dispute about the northerly ly bounds of New Hampshire.
As the northern and southern boundaries of New-Hampshire had long been a subject of dispute between that Province and Massachusetts, a committee from the two Provinces met at New- and souther- bury, in 1731, for the purpose of settling the controversy. But unable to agree, they soon separated; and New-Hampshire spread the case before the king, sending one agent, John Ringe, and employing two others, John Tomlinson and Ferdinand J. Parris, of the realm, to pursue her claim till it be brought to some determination. Francis Wilkes, the Massachusetts agent, appeared in behalf of that Province ; and the king referred the subject to the Lords of Trade and Plantations, under whose con- sideration it remained about six years. At length, they recom- mended the appointment of Commissioners to determine and set- tle the question.
A. D. 1737. Reference to 20 Pro- vincicl Councillors.
Accordingly, twenty Provincial Councillors were selected, in equal numbers, from New-York, New-Jersey, Rhode Island and Nova Scotia ; unto whom a Commission was issued, under the great seal, of the following tenor :- You being appointed Com- ' missioners, for settling and determining the boundary lines be-
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'tween Massachusetts and New-Hampshire, in dispute, are com- A. D. 1737. ' manded, or any five of you, to hold your first meeting at Hamp- 'Their com- ' ton, (New-Hampshire,) in August next, appoint a clerk and mission. ' make entries of the various papers presented you by the par- ' ties ; to employ skilful draftsmen in drawing plans of the con- ' troverted boundaries ; to make up and sign your final deter- ' mination with all convenient despatch, and send it immediately ' to the government of the respective Provinces; giving notice ' of another meeting within three months from the day of ad- ' journment, when either party aggrieved, may appeal to us in ' council, and not afterwards. The expenses incurred are to be ' borne by the Provinces concerned. Witness ourself at West- ' minster, the 9th day of April, 1737.
' By writ of Privy Council. BISSE BRAY.'
Letters were also addressed by the Board of Trade to the Instructions Governors of the four Provinces, from which the Commission- vestigation. ers were selected, informing them of the appointment ; and like- wise to Gov. Belcher, recommending through him to the Assem- blies of Massachusetts and New-Hampshire, the immediate choice of managers and agents, and a preparation with specifications, documents and evidence, ready for the commencement of an in- vestigation, as soon as the Commissioners might convene.
On the 1st of August, eight of them met, published their Commis- Commission, and opened their Court ; appointing William Par- sioners ker, clerk, and George Mitchell, surveyor and draftsman. A August 1st. meet.
Committee of eight from New-Hampshire, with the sheriff, ap- peared and exhibited their claim; when two solicitors for Mas- sachusetts, attended by the sheriff of Suffolk, moved for an ad- journment to the 8th ; alleging that the General Court of their Province, was prorogued to the 4th, before they had any knowl- edge of the Commission, and therefore they were not prepared to proceed. They were in this motion, severely encountered by their opponents, who were bold to declare that Massachusetts had al- ways been backward to meet the question ;- certainly she had as much time as New-Hampshire, to make preparation ; and they prayed the Court to proceed ex parte, agreeably to their Commission .- Disposed to act with all due deliberation-in a matter of so much interest, the Court adjourned to the day re- ment. quested ; and Massachusetts in the mean time despatched an ex-
Adjourn-
as to the in-
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A. D. 1737. press to New-York and New-Jersey, for the purpose of procur- ing the attendance of the Commissioners from those Provinces.
August 8. Commis- sioners again meet the parties.
The Court convened on the 8th, pursuant to adjournment, con- sisting of Philip Livingston, from New-York, who presided ; William Skene, Erasmus James Philips, and Otho Hamilton, from Nova Scotia ; Samuel Vernon, John Gardner, John Pot- ter, Ezekiel Warner, and George Cornel, from Rhode Island :- and now a Committee of ten, in behalf of Massachusetts, pre- sented a specification of their claim.
The assem- blies of both Provinces meet at pla ces 5 miles apart.
To manage this important investigation, with greater despatch, and more satisfaction to the parties ; the Governor prorogued the Assembly of Massachusetts to Salisbury, and that of New- Hampshire, to Hampton Falls,-places within five miles of each other ; where they accordingly convened on the 10th ;- the two branches of the Massachusetts Legislature, travelling in proces- sion thither from Boston, on horseback, attended by the Gov- ernor in his carriage, who was escorted by a troop of horse ;- the whole forming a cavalcade of very novel yet highly impos- ing appearance. The Governor presided alternately in the Coun- cil of each Assembly ; and in his speech to that of New-Hamp- shire, he told them he ' should act as a common father to both ' Provinces.'
Claim of N. Hamp- shire.
As to the boundary, more particularly, between that Province and Maine, the only one which concerns the present history ; the Committee of New-Hampshire insisted, 'that she was entitled to ' the western moiety of the Isles of Shoals, and that her north- 'ern boundary should begin at the entrance of Piscataqua harbor, ' thence pass up that and the river Newichawannock to the far- ' thest head thereof; and thence north less than a quarter of a ' point west, so far as the British dominions extend.'
Claim of Massachu- settz.
On the other hand, the Committee of Massachusetts stated ' that the boundary line began at the entrance of Piscataqua-har- ' bor, and passed up the middle of the Piscataqua and the New- 'ichawannock to its farthest head; and thence directly north- ' west* till one hundred and twenty miles from the mouth of Pis- ' cataqua harbor were finished, or ended.'-Hence the contro- verted questions were, 1, whether the line should run up the
* The expression in the charter to Gorges, is " thence north-west- wards," " till 120 miles be finished."-See ante, 1639.
CHAP. VII.]
OF MAINE.
197
middle of the river, or, on its north-easterly shore; and 2, A. D. 1737. whether the line, from the head of the river, should be a due 2 points of north-west course, or north less than a quarter of a point west. dispute.
A plan acceptable to both parties being delineated and pre- sented by Mr. Mitchell,-they proceeded to file replications to each other's claims, and adduce documental and parol proofs ;- and after 23 days, spent in this elaborate investigation, the Com- missioners, Sept. 2, presented a report, under the signatures and Sept. 2. seals of them all, except two, Vernon and Warner, who dis- reported. A decision sented from the majority .- The decision was to this effect :- ' The divisional line shall pass from the sea through the entrance Its particu- ' of Piscataqua harbor, and up the middle of the rivers men- lars. ' tioned, and Salmon Falls river, to the farthest head thereof, 'and thence north two degrees westerly until 120 miles be ter- ' minated, from the mouth of the harbor Piscataqua, or until it 'meet with his Majesty's other governments; and the Piscat- " aqua harbor shall be divided, in the middle, by a line to be ex- ‘ tended through the Isles of Shoals,-assigning those to New- " Hampshire and to Maine which lie on their respective sides of " that line.
On the day their opinion was promulgated, the Governor pro- The 2 as- rogued the New-Hampshire Assembly, to Oct. 12th ; yet kept prorogued semblies the two legislative branches of Massachusetts in session, five days, till copies were obtained and they had agreed upon an appeal as provided in the commission ; and then he prorogued them to the same day .* The different conduct of the Governor towards the two Assemblies, gave the people of New-Hampshire great offence. They accused him of partiality, in the discharge of his high official trust ; which his enemies managed much to his disadvantage. It was a season of party heat, and that Province was equally with Massachusetts, dissatisfied with the decision. inces ap- She declared she had always been in possession of the whole river crown. Piscataqua, and had even built and maintained a garrison, which had long commanded its entrance and its waters ;- and she also appealed.
The people of Massachusetts affected to be surprized, that the Commissioners should construe the term, " north-westward" in Gorges' charter, to mean "north two degrees west :"-Why not
* Both Assemblies were again to meet at the same places.
to Oct. 12th.
Both Prov-
peal to the
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A. D. 1737. as justly have settled it at one, or three as at two " degrees ?"- Her government was likewise dissatisfied with the clause in the report which extended the line ' till it met with his Majesty's other governments ;' because, as she alleged, when the line was extended 120 miles from the sea, in Gorges' charter, it was the utmost limit of any grant ever made, or pretended to be made, in that quarter.
Agents and means pro- vided to prosecute the appeal.
In prosecuting the appeal, the two Provinces were equally zeal- ous and alert. The agents of New-Hampshire, Tomlinson and Parris, received abundance of instructions and very liberal fees. Massachusetts chose a new agent, Edmund Quincy, who taking with him, among other documents, the original patent of Maine,* was joined in England by Mr. Wilkes, and assisted by Mr. Pat- ridge. She also appropriated £2,000 sterling, to defray the ex- penses of managing this heated controversy. But it was unfor- tunate for Governor Belcher, that the money happened to be raised, the same day on which a sum of £800t was voted by the House, to make good the losses he had sustained, by the de- preciated bills of credit paid him, from time to time, in compensa- tion for his official services. The justice of such a grant had been often urged upon the Legislature by him ; as he might with the utmost propriety demand it as a right. But his enemies con- nected it with the boundary question, and gave it a turn unfavor- able to his reputation. They represented the allowance to be a bargaining reward for his approval of the appropriation bill; and endeavored to throw a lowering cloud over both transactions.
To present in a connected manner the residue and sequel of this interesting dispute, now transferred to England ; it may be well to pursue the progress of it through two succeeding years, to its close, before we leave the subject.
A. D. 1738. At the instance of the Massachusetts' agents, the opinion of The dispute the learned Dr. Halley was obtained ; who very correctly certifi- prosecuted. ed, that ' a line north-westward,' ought to run 45 degrees west- ward of the north point. This was a mathematical truth ; and it might have been applied with good effect, had not the New- Hampshire agents, with some success, touched the strings of
* It is supposed the charter itself has never been returned.
+ 2 Hutch. Hist. p. 349, 350 .- 2 Belk. N. H. p. 117. He says, £333, 6s. 8d. in bills of the new tenor.
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ministerial clemency, by representing their poor, little, loyal, A. D. 1738. distressed Province, as in great danger of being devoured by the opulent and overgrown Province of Massachusetts. Whereas, said they, if the borders of New-Hampshire were enlarged,- alluding to her southern more than to her eastern limits,-her abilities might enable her to support a Governor, separate from any other Province.
There were also in England, about this time, some occurren- ces particularly unpropitious to the interests of Massachusetts. Quincy, her ablest advocate had suddenly died. Dunbar, one of her bitterest enemies, had returned home filled with prejudice against her. The conduct of the Governor was represented to be so partial towards her, that the Lords of Trade were even in- duced to pass censure upon his manner of proroguing the Assem- bly of New-Hampshire, at Hampton Falls. His foes made many other severe strictures upon his conduct ; which, however, were more than counterbalanced, by the warm attachments ex- pressed for him by his numerous and influential friends, on both sides of the Atlantic.
At last, March 5, 1739,* after the zeal of the disputants had 'The final considerably abated, the King, in Council, determined upon the decision. appeal, and decreed, that the line, generally, should conform to the determination of the Commissioners, and ' pass through the Line be- ' entrance of Piscataqua harbor, and the middle of the rivers Maine and tween ' mentioned, to the farthest head of Salmon Falls river ; thence shire. N. Hamp- ' " north two degrees west, true course"-that is to say, north ' eight degrees east, by the needle, ¡ till 120 miles be ended from ' the place of beginning.'-As to the other part of the question, Between N. or 'northern boundary of Massachusetts,' it was determined, and Massa- Hampshire ' that it should begin at the Atlantic ocean, and pursue the course chusetts. ' of the Merrimack, at three miles' distance on the north side ' thereof, and end at a point due north of Patucket Falls ; thence ' in a straight line due west till it meets with his Majesty's other ' governments.'-This part of the decision exceeded the utmost expectation of New-Hampshire; for it thereby transferred to her from Massachusetts 28 new townships,-being a double row or
* Perhaps A. D. 1740, new style.
+ 2 Belk. N. H. p. 137 .-- So much being allowed for the variation of the needle.
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A. D. 1739. tier of them, extending from Merrimack to Connecticut rivers,* besides districts from six of her old towns, on the north side of the Merrimack.
The Gover- In the midst of these transactions, full of perplexities as they nor's regard had been to the Governor ; he was not unmindful of this east- for the east- ern country. ern country, its people, its interests and its safety. He visited it almost every year; had frequent interviews with the Indians ; and his speeches to the General Court, afford ample evidence how much every portion of this region commanded his attention and care. Strongly impressed with the commodiousness of the harbor at Pemaquid, 'to which our coasting and fishing vessels, ' said he, resorted in great number ;' and deeply concerned for the settlements in that vicinity, he prevailed with the Legislature to continue a small garrison at Fort Frederick ; and renewedly pressed upon their consideration the expediency of putting the whole frontier in a better state of defence. For, said he, ' I have ' but too much reason to believe, the Indians intend a rupture, and ' must recommend the adoption of methods best calculated to 'obtain a perfect knowledge of the country, to its utmost bor- ' ders.' Hence the Indian trade at the truck houses was revised, and orders given to the agents to post in each of them, the in- voice price of the articles sold ; to render a fair account upon oath of all the sales made, and furs purchased ; and to observe strictly every law passed, for regulating these establishments. By this course of vigilance and justice, attended by occasional acts of public generosity, the Tarratines might, it was believed- be kept tranquil ;- numerous and subtle as were the arts, which the Canadian French and their Indian vassals might practise to disturb the peace.
Col. Pep- perell com- Yorkshire regiment William Pepperell was at this time Colonel-commandant of mandant of the Yorkshire regiment ;- a gentleman whose moral worth and military talents had already given him an elevated rank in the confidence of the public. Impressed with the difficult and re- sponsible duties of the trust, and with the importance of being"
* Massachusetts claimed 14 miles higher towards Amoskeag Falls .- See ante, A. D. 1736 .- 2 Belk. N. H. p. 133 .- 1 Doug. Summ. p. 388 .- 2 Hutch. Hist. p. 342-350 .- 3 Jour. House Rep. Mass. p. 13-52 .-- Also 4 Jour. of House of Rep. p. 56-67 .- See Resolves of Maine, A. D. 1828, p. 812-14 .- The lines were to be run by two surveyors,-one chosen on the part of each Province.
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at all times prepared for defence, he called a meeting of the A. D. 1738. company officers at Falmouth, with whom he consulted and made overtures for a better organization, equipment and discipline of all the militia under his command. More ardor and military spirit, were extensively exerted and diffused among the officers and soldiers, their ranks were filled and new companies estab- lished. The next winter, his regiment was divided, and the A. D. 1739. command of the eastern or new one given to Samuel Waldo of His regi- Falmouth, whose appointment met with entire acceptance. the com- . ment divid- If ed; and the men of this age were not expert disciplinarians, they were mand of the no strangers to the use of firearms; past experience had taught new one given to them the wisdom of vigilance, and in some of the larger towns, Col. Waldo. night-watches were kept through a greater part of the winter season.
In July, the Governor, taking passage in a man-of-war, pro- In July, the ceeded to Falmouth, where he was joined by a retinue of gentle- met the In- Governor men from all parts of the country, among whom were several Falmouth. dians at members of both Provincial Assemblies. In a few days, he was met by a great body of Indians, well clad, and bold to appear under a French flag. To render the anticipated conference con- venient for all, a spacious tent was spread upon the hill, eastward of Long Creek, in which there were placed rows of seats sufficient to accommodate the whole assemblage. In the interview, the Sag- amores made great professions of friendship, and expressed ar- dent wishes for a perpetuation of peace; receiving in return from the Governor every assurance of his good-will, and some valuable presents. Before the meeting was finally dissolved, a public dinner was prepared, July 29, whereof the English and about 200 natives were the festive partakers. They soon after separated and dispersed. But though the Indians might never Some sus- before have sung a song of peace, so heartily intermingled with the Indians. picions of joys ; yet they had chosen, it was noticed, to appear under French colors, and consequently their sincerity was suspected. Nay, the General Court, at the instance of Jeremiah Moulton, a mem- York coun- Records in ber of the Council, aided him in the construction of a fortress, ty secured. for the safety of the public records in the town of York, and furnished him with three or four swivel guns for the purpose of defence.
The Governor, in his speech to the Legislature, Sept. 20, says, VOL. II. 26
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A. D. 1739. ' since our last meeting, I have received the king's royal orders, War with ' granting letters of marque and reprizal, against the subjects of
Spain: ' Spain ; and I trust, your loyalty and wisdom will suitably guide ' you, in the part you may have to take in this war.'-Though at this time, his best friends had serious fears of his being re- moved, they knew he had powerful supporters, and much in- terest with some of the Lords high in office, and believed the opportunities now offered him to signalize his zeal in the service of his king, would be so ably improved, as to check the tongue of accusation and invective. In fact, the Governor himself had hopes, that a course of time and fidelity might efface the impres- sions, which had been made to his disadvantage. Accordingly, he issued a proclamation for the encouragement of men, who would join in the expedition ordered by the British Court against the Island of Cuba ; assuring them, they should be under the command of their own officers, be in the king's pay, have a sup- ply of arms and clothing, and a share in the booty taken, and be returned home, when their term of service expired. Hence there were recruited or raised in the Province, about 5 or 600 men .*
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