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 21
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A. D. 1740. Prepara- tions for de- fence.
June 23.
Nor did he delay to communicate the earliest intimations he received, that there were Spanish privateers probably upon the coast ; representing at the same time, in such glowing colors, the awful consequences, frequently, of procrastinating prepara- tions for defence, that the General Court, June 23, appropriated £3,000, to be taken from the proceeds of the Indian trade, and applied towards repairing Forts Frederick, St. Georges, Richmond, and Mary at Saco, and rendering them entirely defensible. A vessel, the Snow, was likewise built, for the protection of the coasting and truck trade ; and a fortress was erected or enlarged at Falmouth, in which eight or ten 12 pounders were afterwards mounted, and various kinds of military stores deposited, for re- cruiting the eastern garrisons.
Scarcity of specie.
At this time, the preceding and every new demand upon the government, was fraught with no small embarrassments. The
* 1 Doug. Summ. p. 551-Of the 500 inen from Massachusetts-bay in the Cuba expedition, not exceeding 50 returned. It cost her about £37, 500 old Tenor, equal at that time to £7000 sterling. The few survivors were dismissed, Oct. 24, 1742, and allowed to keep their firelocks.
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treasury was empty ;* the bills of credit, issued at different A. D), 1740. times, still remaining unpaid, probably exceeded £200,000,+- all which were, by the royal instruction, to be redeemed the en- suing year, and no more emitted ; there were no other means of paying them than by a direct tax, equal to £40,000 sterling ; and yet so uncommon was the scarcity of specie in the Province, that it was believed, a sum to that amount, could not possibly be collected of the people in one year.
To administer relief, therefore, a very novel project was de- The Land vised and adopted of this character .- Between 7 and 800 men Bank. associated, chose ten directors and a treasurer, and agreed to issue in the name of the Company, £150,000 in bills, which should be lawful money ; and every note of £1, be equivalent to three ounces of silver. Each stockholder, in the outset, gave the Company a pledge of real estate to the amount of his shares ; and every borrower gave a mortgage as collateral se- curity for the sum loaned him, which, however, he was allowed to pay in Provincial produce or manufactures, at such prices as the directors might from time to time determine. In short such was the " LAND BANK."-The Governor foresaw it would be injurious to the public, and offensive to the ministry, and he reso- lutely opposed it in every step of its progress; going in the spring election so far, as to negative the speaker and thirteen new- ly elected councillors, because of their connexion with the insti- tution. Besides, as soon as the establishment of the Bank was Its dissolu- known in England, the Parliament dissolved the Company, and tion. gave each possessor of their bills a right of action, for the amount with interest, against every individual partner.
Next, a tax-act of £110,000 for a year's supplies, was pre- Public em- sented to the Governor for signature ; but as its amount might be barrass- paid in the depreciating bills, he said he could not sign it, with- ments. out violating the royal instruction ;- certainly not until provision was made for the approaching public exigency. Nor would the act, if it were signed, said he, be of any avail; for it would never have the approbation of the crown. So deeply depressed,
* See ante, A. D. 1734 .- Permanent debt, in 1731, £130,000 .- 1 Doug. Summ. p. 498.
+ 4 Jour. House Rep. p. 134-142-150-170 .- Gov. says, £40,000 ought to have been brought in, at least, ten years before .- Also his Speech, Au- gust, 1741.
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A. D. 1740. in fact, was the Legislature, in view of the complicated affairs and perplexities of the Province, now rendered more difficult by reason of war, that they turned and besought the Governor to point out, if he were able, any way " to relieve a once flourish- " ing, now distressed and sinking Province." Pious and devout people considered the present embarrassments as tokens of the Divine displeasure ;- therefore a public fast was observed, Nov. 29 ; and improved as a season of prayer to Almighty God, for blessings, and especially for his guidance of the General Court, to the adoption of the best measures for the relief and safety of the people.
Boundary lines partly surveyed.
A. D. 1741.
The old and troublesome business of boundaries was again called up, for the purpose of making surveys in conformity to the royal determination. Walter Bryant being appointed, ran the line from the head of Salmon Falls river, and marked it about thirty miles ; but was prevented from proceeding farther, partly by the breaking up of the rivers, which rendered travelling im- practicable,* and partly by a company of Indian hunters, who met him and took his men to be none other, than a scouting party. On their return, they found drawn on one of the trees, they had marked, the figure of a man's hand, grasping a sword, which they interpreted as a signal of defiance from the Indians.+
Removal of Gov. Belcher from office.
A return of these lines to the Board of Trade and an address to the General Court, August 8, were among the last acts of Governor Belcher's administration. His enemies on both sides of the Atlantic were untiring in their endeavors to effect his removal ; ' and by their incessant applications to the ministry, ' by taking every advantage of his mistakes, by falsehood, by ' misrepresentation, and finally by the diabolical acts of for- ' gery and perjury, they accomplished their purposes.' After being in the chair ten years, he was succeeded in the govern- ment of Massachusetts and Maine by WILLIAM SHIRLEY ; and Gov. Shir- in New-Hampshire by Benning Wentworth.
Appoint- ment of ley. Gov. Belch- ter.
It is remarkable, that a Governor, of Mr. Belcher's abilities and er's charac- excellence, should meet with such treatment from the British Court, in the reign of so mild and just a prince, as George the second. Certainly he was a man of great firmness, diligence,
* 1 Doug. Sum. p. 388 .- See ante, vol. I, p. 11-12.
t Mitchell and Hazen surveyed and marked the other line between Massachusetts and New-Hampshire.
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integrity and spirit ;- ever influenced by motives of honor and A. D. 1741. justice ;- and his schemes of policy were in general evinsive of his wisdom and knowledge in political affairs. But his unguard- ed observations provoked the resentments of his enemies, whose abilities and influence he graduated by far too low. His popu- larity and sense of duty were extremely tried in all that related to an established salary ; to the divisional boundaries ; to the land bank, and to the bills of credit. But his greatest mistake appeared in the manner mentioned of adjourning the New- Hampshire Assembly ; and even in this, it is inconsistent with the whole tenor of his public declarations and private correspon- dence, to suppose he had any intention to frustrate the commis- sion. The mutual opposition of Belcher and the inhabitants in the eastern Provinces, to Dunbar, originated a friendship, which was never more genuine and ardent, than wlien he was displaced. He kept a watchful eye over their interests, and often paid them visits ; whereby his name was so endearing to them, that it was with deep regrets they parted with him. When he repair- ed to the British Court, he was able effectually to wipe from his character all the aspersions of his malicious adversaries, by shewing the spirited course he had taken against the land bank, which they had carefully secreted ; and his vigilant care of the royal woods, and other interests of the king, which they had falsely and wickedly represented to be otherwise. In a word, he manfully exposed their plots, though but too deeply laid to de- stroy him. A strong current quickly turned in his favor. His removal, without having an opportunity of being heard in his defence, was condemned as a rash act ; and as the best repara- tion, which could then be made for his wrongs, the government of New-Jersey was given him, where he passed the remaining years of his life beloved and respected. Nor ought the religious part of his character, as an able writer observes, to pass unno- ticed. Though foes and satirists said " he appeared to greater advantage in Whitefield's journal, than in our political annals ;"- all will allow he was both ' strict in his morals, and pious in his ' walk and conversation.'*
George Whitefield was a celebrated young itinerant minister, George in these times, who had preached in several parts of Great
* Eliot's Biog. p. 56 .- 2 Belk. N. H. p. 138-41 .- 2 Hutch. Hist. p. 358.
Whitefield.
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A. D. 1741. Britain, and the Southern Colonies, with great applause and ef- fect. On his second visit to America, he came to Boston, where the first time he spake from the pulpit, Sept. 1740, his fine tal- ents, and his fervent piety drew from his auditory the strongest expressions of praise in all the churches. His imagination was luminous and lively, his judgment solid and exact, and his heart full of religious sensibilities. The tones of his clear and musical voice, he could strikingly adapt to the sentiment, and his gestures, frequent and forcible, were above all rules of art; for they were the true impulses and graces of nature. Though he spake without notes, and used plain language ; yet by a most happy choice of words and figures of speech, he enforced and illustrated his discourses with wonderful effect. In general his doctrines were in conformity to the sentiments of the Episco- pal church ; he preached the remission of sins through the aton- ing merits of a Redeemer ; and in his supplications, a spirit of grace seemed to take possession of his whole soul, and carry him and all who heard him, with overflowing hearts, to the mercy seat and the throne.
He preach- ed in York, Wells, and Biddeford.
In 1741, he visited York, Wells and Biddeford, where he preached to crowded assemblies, that were both captivated and melted with the life and copiousness of his sermons. Churches were refreshed, souls were converted, and the settled ministers, Messrs. Moody, Jefferds, Smith, Willard, and Elvens, who were at that period all " burning and shining lights" at the altar, par- took largely of the thrill and influences, with which the preacher himself was so animated .* He was indefatigable in the service of his Divine Master ; having been known to preach sixteen times and ride 170 miles, in the course of a single week. He had violent opponents, who called him a disorganizer of parishes, drawing after him the populace and men having "itching ears."
On a subsequent journey from England to Maine three years after this time, he was in company with the Rev. Mr. Smith's brother of Falmouth. His visit was again received with the most affectionate welcome; and in the following winter he
* See the " Christian History" of religious revivals in Great Britain and America, in 1743 and 1744. To give attestations of these " extraordinary divine influences" ninety ministers met in Boston, July 1743, Mr. Smith attended, and six ministers of Maine sent their attestation .- Smith's Jour. p. 35.
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preached at Scarborough, Biddeford, Falmouth and North-Yar- A. D. 1741. mouth, with undiminished success.
Two important acts were passed in the late administration, Laws pass- ed to limit
which ought to be mentioned. One limited the time, of bring- actions : to ing civil suits, after the cause of action accrued ; and so restricted costs ; and restrict the costs, as never to exceed a fourth part of the damages re- of poor per- to take care covered, provided the action belonged to the jurisdiction of a sons. single magistrate .* These statute provisions have never since undergone any very essential change. The other act prescribed how idle and dissolute persons might be set to work, or prevented from squandering their property ; and how their children might be put to trades or to labor.+
Governor Shirley, when he received his commission, resided Gov. Shir- in Boston. He was an English gentleman, bred to the law, who ley. having lived in the Province, six or seven years, had become acquainted with the humors and habits of the people ; and been so fortunate as to acquire the esteem of a large and respectable acquaintance. His wife was at that time in London, soliciting a post of profit for him ; when, by the assistance of her own friends, and the intrigues of Mr. Belcher's enemies, the govern- ment of the Province was obtained. Mr. Shirley was a man of abilities and address, knew how to manage the several parties, and conducted with so much wisdom and vigor as to gain the affection of the people, and yet continue on the side of the pre- rogative.
In his first speech to the General Court, Aug. 17, 1741, he stated, that the war with Spain, and the unsettled affairs of Eu- speech to rope, seemed to threaten a speedy rupture with other powers. Court. He recommended the outfit of privateers, and the offer of a Aug. 17. bounty for every one of the enemy taken upon our coasts. The General Court made him a very liberal grant of £1,000 sterling, as a compensation for a year's services ; and then presented him a bill for the emission of £36,000 sterling value, to be paid at future periods in gold and silver, or in articles of country pro- duce.
This he refused to sign, partly on account of its last clause ; agreeing at length to approve another, ' when it was moulded to
* Passed, A. D. 1739 .- The limit was from 2 to 5 years, according to the different classes of actions.
i Passed, May, 1736, and March 26, 1741.
His first the General
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A. D. 1741. ' the liking of the land bank party and others,' and made gen- erally acceptable to all. Such an act was passed. It provided New tenor bills. that " Bills of a new Form" should be issued ; that every sum of 20s. expressed upon the face of them, should be equivalent to three ounces of silver ; that all contracts should be understood payable in silver at 6s. 8d. the oz. or gold in proportion ; and that the bills should be received in all public and private pay- ments accordingly :*- with this saving, however, that if they should depreciate in their value, an additional sum should be paid, ac- cording to the scale of depreciation, as agreed upon once a year, in a meeting consisting of the eldest Councillor in each county.+ This was denominated NEW TENOR, to distinguish it from all prior emissions. These bills, however, gradually depreciated, till at last they like water, settled down to a common level with the Old tenor. other and older bills, which after this were called Old Tenor.}
In taking the reins, the Governor, being an inhabitant of the Province, was necessarily acquainted with what most deeply con- cerned the public. There had been in the preceding spring an city of pro- unusual scarcity of bread, especially in this eastern country ;- Great scar- visions. several families, as it was reported, having subsisted for weeks upon shellfish, § wild meat, and allowances of potatoes. The scarcity was the more depressing, because of some incidents and apprehensions connected with the present war. Men were drawn from their ordinary occupations and enterprizes, into the military service, and no inspiring impulse was given to new set- tlements. In March, there were two instances of impressment upon the eastern coast. James Scott, captain of his Majesty's ship Astraee, went with an armed force and took from a wood- sloop, called the " Three Friends," two men, inhabitants of the Province ; and the next day, he took in like manner from a coaster, the "Charming Betty," her captain, also several men from other vessels. These were acts of violence to which the people were wholly unused ; if they were not the first of the
First instan- ces of im- pressment on the east- ern coast.
* The old tenor bills had been by law a tender from Oct. 1705, to 1741, and by act passed in March 1742, the new tenor bills were a tender, ex- cept in written contracts.
t Prov. Act, May, 1743 .- If the bills are worth as much when the debt is paid, as when contracted, they shall be so received.
# Prov. Law, Nov. 1744 .- An. Charters, p. 270-3 .- Also p. 764-7.
§ Some subsist " wholly on the clam-banks."-Smith's Jour. p. 32.
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kind or character ever attempted within the Province. Scott A. D. 1741. saw there would be a great blaze, if he did not immediately re- tract ; and he discharged them. But the baneful impressions, which their impressment made upon the public mind, were deep and lasting.
Ship building, trade and the fisheries were now in a flourish- A. D. 1742. ing state. Forty topsail vessels had been in building at one time Ship-build- within the Province ; the single town of Marblehead had in em- fisheries. ing and the ploy 50 fishing-schooners ; and a great number of vessels were on the stocks in Maine ; while New-England, had in all, at least 1000 sail engaged in the fisheries. But the fur trade, now con- fined principally to the truck houses, was declining.
It had been represented from good authority, that the Indians The Aben- belonging to the broken tribes upon the Saco, Androscoggin and withdraw to aques tribes Kennebeck, had, within a couple of years, been gradually with- Canada. drawing from their former places of abode, to Canada. These were unfavorable symptoms ; and some of the remoter inhabitants be- gan to entertain thoughts of leaving their abodes, through fear of vided. Guards pro- danger from them. The General Court therefore put £800, at the Executive disposal, directing him to expend it as he might think proper, in the employment of scouting parties and videttes, upon our frontiers. In August, the Governor, attended by mem- bers from both legislative branches, visited this eastern country ; Governor and at St. Georges he met as great an assemblage of the Eteche- Indians at meets the min Sagamores and people, as had convened on any former ges. St. Geor- occasion. They were prompt in their attendance, and appeared at this time with the British flag at the heads of their canoes. Besides redressing every grievance and continuing the gratuities and pensions to the chiefs and the tribes, which for many years had annually cost the government more than £300; it was de- termined to make them still further presents, in articles, such as powder, shot and the necessaries of life. Gifts and supplies might serve to remove every pretext for applying to the French : and their friendship, though purchased at a dear rate, was a thousand times preferable to the hazards of a war.
In his excursion, the Governor took a particular view of the country-especially of all the eastern forts and truck houses. ration of He examined the grounds at Falmouth, where the new battery country. and other public works were erecting; and made himself ac- Vor .. 11. 27
His adıni-
the eastern
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A. D. 1742. quainted with the state of the eastern towns. Animated with his pleasing tour, he represented to the Legislature, on his return, that ' the inexhaustible supplies of wood and lumber, and the ' several kinds and great quantities of naval stores, which this 'region is capable of producing, no less than the navigable rivers, ' the numerous harbors and good soil it possesses, render it highly ' deserving the encouragement and protection of government.' Immediately £700 were appropriated to complete the works at Fort Frederick, St. George, and Saco ; also a chaplain was pro- vided for the garrison at the fort first mentioned, whose duty also it was, to preach among the inhabitants in that vicinity.
The settle- ment of the eastern country.
For the purpose of promoting new settlements, it was proposed by the Governor, as an expedient, to offer our wild lands to foreign protestants, upon such terms as would encourage them to transplant themselves and their families into this eastern coun- try, and begin new plantations. Already some had emigrated with this view ; and Pennsylvania, he said, had, by pursuing this course a few years, increased beyond any example, within the American colonies. Conditional grants of townships to compa- nies or individuals were found by experiment, not to be the most expeditious mode of multiplying permanent settlers; for being unable to procure deeds of the fee, till the conditions were ful- filled, and compelled to begin without any absolute guaranty of title, they put at hazard their labor and improvements, and often sustained losses. This had become a subject of great interest ; for if the frontiers were filled and strengthened, and the people who were more scattered had the fortitude to abide at home in case of a rupture ; the country would derive benefit as well as security. Hence the General Court directed a committee to enquire into the condition of every township granted since 1725; also into the successes and discouragements attending the exertions of pro- prietors and tenants, and report the best probable methods of filling these places speedily with inhabitants .*
Effects of the new tenor.
The late improvement in the currency by means of the new tenor bills, had, according to expectation, an essential effect upon every interest and department of society. It operated unfavora- bly upon the debtors and suitors at law; whereas none derived more benefit, than salary-men, monthly or daylaborers, and the
* Jour. Mass. House of Rep. p. 23.
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receivers of statute fees. Men of the latter class had in fact A. D. 1742. been the greatest sufferers ; as the fee-bill which was passed the Price of fourth year of the Provincial charter, had undergone no material salaries. labor, fees, change, though the true worth of the fees had in the meantime actually depreciated two thirds, and even three fourths .* By Laws to giving them their original or prime value, the receivers, it was prevent perceived, would derive the greatest advantage ; and many mur- costs. murs were uttered both against the law, and against that class of persons, who had the most to do with fees. Acts were therefore passed for preventing 'unnecessary expenses in the attendance of jurors ;' 'unnecessary lawsuits ;' 'the multiplicity of law- suits ;' and 'unnecessary expenses in suits at law ;'-directing 'jurors not to attend till the second day of the term,'-per- mitting 'accounts in off-set to be filed in suits,'-' abating all writs filled by sheriffs or their deputies,'-prohibiting 'their ap- pearance as attornies in any lawsuit ;'-and allowing only one bill of cost, when several actions were brought at the same term on demands, which might have been embraced in one writ. Nor were all these sufficient to satisfy a large and querulous part of the community. So long as the judges and other civil officers were allowed what some called exorbitant fees, it was insisted, that lawsuits would be multiplied and suitors ruined.
When the party for prostrating fees, solicited the Governor to The Gov- throw his weight with theirs into the scale, he told them he had of fces. the best of reasons for taking the opposite side. He believed, that any considerable reduction of fees, would have a direct ten- dency to multiply lawsuits ; and after taking time and acquaint- ing himself with the fee-bill in five or six of the colonies, he was able to fortify his opinion with facts. In New-York, New- Jersey and Pennsylvania, says he, the fees are five or six fold higher, and in Rhode Island a third part higher, than in this Province, according to the late value of money ; in Connecticut, some lower; yet in neither of the three first are there an hun- dred judgments by the courts of pleas in a year ;- being less by ten times, than in the single County Court of Hartford, and less
* An ounce of silver, in 1702, was 6s. 10d .; in 1713, 8s .; in 1717, 12s .; in 1728, 18s. ; in 1730, 20s. ; in 1737, 26s .; in 1741, 28s .; and in 1749, 60s .; old tenor .- 1 Doug. Summ. p. 494 .- See old and new tenor compared, post, A. D. 1749.
ernor's view
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A. D. 1742, by five times, than in the county of Newport. Light fees and small costs, therefore, evidently tempt men, as he thought, to en- ter the lists of litigation ; disregarding the weightier burdens, such as the unseen wastes of time and money, which the party pre- vailing never recovers, and the animosities, which a lawsuit never heals. If the fee-bill be revised, let it give debtors an im- petus, through a fear of costs, promptly to pay their creditors ; and never be a lure to draw the poor and unwary blindfold, into the toils of the law .- In proof of his doctrine, he remarks to the House, 5 years after,-" when I first entered upon the administra- " tion, I found the Province overwhelmed with lawsuits, occa- " sioned principally by the cheapness of the law ; you were in- " duced to pass an act making the fees double, what they had " been in value, and lawsuits are reduced about one half."*
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