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 36
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Pownal- borough in- corporated.
The incorporation of POWNALBOROUGH, Feb. 13, was prob- ably the last legislative charter of a township, approved by the Governor, while he was in the executive chair. Its name, of sonorous sound, is an evident compliment to his character. Its territory was large ; embracing the three present towns of Dres- den, Wiscasset, and Alna ; also Swan-Island, four miles by 200 rods in extent. As there was a petition pending, to divide Yorkshire, the bill for incorporating the town was pushed through the Legislature in some haste ; and preparation made to build a Court-house there,-it being intended, if possible, to make it a shire-town. There was a settlement begun at Wiscasset point, about 1663, which was afterwards destroyed by the Indians. But on the 17th of Oct. 1754, there were in the place 64 signers to the petition for an incorporation. It was a shire-town thirty- four years till divided ;- the early residence of several distin- guished men.t
* Dr. Allen's Biog. p. 197.
t The plantation name of Pownalborough was Frankfort. This is the 15th corporate town. It was divided, A. D. 1794 .- See Dresden and New- Milford [Alna]; also Wiscasset, 1802 .- The Court-house built opposite the head of Swan-Island by the Plymouth Company, was in its dimensions, 45 feet by 44, three stories in height. The Court Chamber was 45 by 19} feet, with two fire places in it. Fort Frankfort or fort Shirley, has been described .- (See 1754.)-Pownalborough was first represented in the Gen-
353
OF MAINE.
CHAP. XIII.]
The propositions for dividing the county of York, hitherto A .D. 1760. embracing the whole territory of the present State, were renewed Applica- tions for a immediately after the reduction of Quebec. The petition, which new county. proceeded from Falmouth and was presented to the General Court, at the beginning of the January Session, enumerated the inconveniences arising from the establishment of the Courts and of the public offices in the corner of the county, where all the jury trials were, except a few of a minor class, which were tried at a single term of the Inferior Court each year, at Falmouth ; and prayed, that the county might be divided, a new one erected, and that appointed a shire-town, in which, it was said, a good court-house and a sufficient gaol were already finished.
In consequence of the notice published in the Boston news- papers by order of the General Court, the Plymouth proprietors, at the May session, presented a counter-memorial, stating that they and 400 settlers within their patent, had petitioned the Leg- islature, six years before, to erect the territory and its inhabitants into a county ; that nothing but the late rupture of the Indians had deterred the memorialists from pursuing their application ; and
eral Court, 1774, by Thomas Rice .- John Gardiner, Esq. a celebrated Barrister at law, represented the town in the General Court, for three or four years prior to his death, A. D. 1793-4. He was the son of Doct. S. Gardiner, was educated in England, and practised law first on the Island St. Christophers. His only daughter married with James Lithgow. Mr. Gardiner made himself famous by his endeavors to have ' special pleading' abolished by law. Major Samuel Goodwin, born in Boston, 1717, and liv- ing at Peinaquid, came to the assistance of Richmond fort, in 1750, when it was besieged by the Indians. He afterwards commanded Fort Frank- fort, till it was dismantled. About the time the county of Lincoln was es- tablished, three brothers, William, Charles, and Rowland Cushing, removed to Pownalborough. Rowland, a very personable man, practised law at Wiscasset village till his death, in 1783. William, a Harvard graduate, 1751, was an eminent lawyer, and the first Judge of Probate for Lincoln county. He resided and pursued his profession a short distance from the Court-house, till he was appointed judge of the Supreme Court of Massa- chusetts, in 1772. He was chief justice in 1777, and commissioned to the Supreme Bench of the United States, 1789. Charles Cushing, graduate at Harvard, 1755, was a military man, and a Brig. General of the militia. He was the first Sheriff of the county ;- an office he filled upwards of 20 years. He removed to Boston, about 1782, where he was appointed Clerk of the Supreme Judicial Court. He was succeeded in the sheriffalty by Edmund Bridge, who also lived in Pownalborough. Jonathan Bowman was second Judge of Probate and also Clerk of the Court.
VOL. II. 45
354
THE HISTORY
[VOL. II.
A. D. 1760. that therefore, they would now renew it, and pray the General Court, to form the eastern section into a separate county and appoint the Courts to be held at Pownalborough.
Lincoln es- tablished.
The coun- ties of Cum- In view of both applications, therefore, and of the extensive berland and country, the General Court, by an act of June 19, 1760, estab- lished two new counties, CUMBERLAND AND LINCOLN, and pre- scribed the lines of division .*
York Coun- ty.
The easterly line of York County, by the division passed along in the northeasterly exterior of Saco, and Buxton ; in the south-westerly line of Standish as it borders on the river Saco to the north-west corner of the town ; and thence " north two de- grees west on a true course, as far as the utmost limits of the Province." At York, an autumnal term of the Supreme Court and two terms of the Court of Common Pleas, were appointed to be holden for the county annually as lieretofore.
Cumber- land Coun- ty.
Cumberland County adjoined the county of York, and was bounded south-eastwardly on the Atlantic and Casco bay, ex- tending to Cape Small-point and including " all the Islands in that bay and on the seacoasts ;" and north-eastwardly on the eastern shore of New-Meadow's river to Stevens' carrying-place at its head ; thence to and upon Merrymeeting bay and the river Androscoggin thirty miles ; and thence north two degrees on a true course "to the utmost northern limits of the Province." The shire-town was Falmouth, where the Superior Court was directed by law to hold an annual term on the fourth Tuesday of June ; and the Inferior Courts of the county, to set on the second Tuesdays of May and September.
Lincoln County,
The residue of the present State, including the Islands upon the seaboard, and extending to Nova Scotia eastward, and to the utmost limits of the Province northward, was embraced by the county of Lincoln ; of which Pownalborough, was the shire- town. Here the terms of the Inferior Courts were appointed to commence on the second Tuesdays of May and September. But all matters, arising in this county, which were cognizable by the Superior Court, were to be heard, and tried at their term in Fal- mouth.
The act took effect, November 1, and became operative. In Lincoln, a Register of Deeds was appointed for five years by
* 12 Jour. H. of Rep. p. 44, 73 .- Prov. L. p. 629, 637.
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OF MAINE.
CHAP. XIII.]
the Governor and Council ;- in Cumberland, he was appointed A. D. 1760. by the Courts of Session to hold his office till one was chosen .*
On the departure of Governor Pownal, THOMAS HUTCHIN- T. Hutchin- SON, who had been Lieutenant-Governor two years, took the tenant-Gov- son Lieu- chair. He was a native of the Province, a graduate at Harvard ernor. in 1727, and by profession a merchant. Not succeeding in his commercial pursuits, though it seemed to be the most ardent de- sire of his soul to acquire wealth ; he applied himself indefatiga- bly to the study of history, politics and law. He was early elected by the inhabitants of Boston into the House of Repre- sentatives, and in 1747, he was Speaker. By his industry, elo- quence, and knowledge of public affairs, he acquired great influ- ence and distinction. Besides being Lieutenant-Governor he was a Councillor, Chief Justice of the Superior Court in 1760, and also Judge of Probate for Suffolk. The friends of Govern- or Pownal, were foes to Hutchinson, a man destined and willingly disposed to take a conspicuous part in the great political drama, approaching. He assumed great concern for the people on the eastern frontiers, and told the House, June 3, ' it was undoubted- ' ly necessary to continue in employ the military of the preced- ' ing year.'t
SIR FRANCIS BERNARD arrived, August 4, from New-Jersey, Arrival of of which Province he had been Governor; now succeeding to Governor Bernard. the same office in Massachusetts and Maine, at a period, when there was a favorable opinion entertained of his politics and merits. In his introductory address to the General Court, he
* COUNTY OFFICERS.
YORK COUNTY.
CUMBERLAND COUNTY.
Jeremiah Moulton,
Judges of
Simon Frost,
the Common Pleas.
Ezekiel ('ushing, Enoch Freeman, Edward Milliken,
Judges of the Common Pleas.
Jeremiah Moulton, Judge of Probate.
Samuel Waldo, Judge of Probate. Stephen Longfellow, Register.
Jeremiah Moulton, jr. Sheriff.
Moses Pearson, Sheriff.
LINCOLN COUNTY.
Samuel Denny,
William Cushing, Judge of Probate.
William Lithgow, Aaron Hinkley, John North,
Judges of the Common Pleas.
William Bryant, Register.
Charles Cushing, Sheriff.
Jonathan Bowman, Reg'r. of Deeds.
N. B. By act, Feb. 17, 1762, Biddeford was made a shire-town with York, where one term of the Court of Common Pleas and Sessions was holden year- ly, 2d Tuesday in October. + 12 Jour. H. of Rep. p. 21 .- 2 Minot, p. 79.
John Minot,
John Hill,
Nathaniel Sparhawk,
Simon Frost, Register.
356
THE HISTORY
[VOL. II.
A. D. 1760. spoke respectfully of the peoples' charter rights ; and as the suc- cessful state of public affairs gave him an opportunity of remark- ing upon the peculiar happiness of the times ; he noticed, as nearest his heart, that all parties were united and the voice of faction wholly silenced. But, replied the House, this Province, happy as it may appear, has been for more than sixty years a barrier as well as frontier to his Majesty's other northern colo- nies, against neighbors false and perfidious in peace,-bold and barbarous in war; and the avenues of blood opened are yet scarcely closed.
Trade of the Indians re- sumed and regulated.
Yet, as the affairs of the Indians had now as to themselves so fatally changed, it was determined to command if possible their entire trade, through the medium of two truck houses, one at Fort Halifax and the other at Fort Pownal,-by furnishing them with every article and supply needed ; putting those houses un- der the most judicious regulations ; and establishing in each of the forts a garrison of about 25 or 30 men, with two chaplains and armorers. It was also believed, the prejudices of the Indians might be entirely overcome, and all disputes with them effectually prevented, by favor, presents, and honorable traffic-according to the policy and rules of former times. The establishments were therefore made,* the legal provisions upon the subject re- vised, and the experiment tried. All this, however, was insufficient, for according to the Governor's views, expressed Dec. 17, ' still ' further amendment of the laws concerning the Indians was de- ' manded, particularly " to prevent their contracting large and " unnecessary debts, which they have no prospect of paying, but " by a sale of themselves ; to prevent parents from selling their " children, or making them subject to their debts ; and to subject " Indian offenders, to corporeal punishment, instead of fines, " which they can seldom pay."
Dec. 23. George III. crowned.
In the midst of this legislative session, the Governor announc- ed to the General Court, a demise of the Crown, Oct. 25, and the accession of George III, to the throne of Great Britain ;- a young monarch, whose well known liberal sentiments in politics and religion were presages of a reign, auspicious to his subjects throughout his dominions.
* Balance of truck trade due the government for one year prior to June 9, 1761, was £104.
357
CHAP. XIII.] OF MAINE.
To secure, more effectually, the trade of the Indians once so A. D. 1761. lucrative, and to learn something more of them and of the re- Exploring gions in which they have dwelt ; two ranging parties of 15 men northward. parties each were sent out, one under James Howard of Cushnoc, to ascend the Kennebeck to its sources, and thence proceed down the Chaudiere to its mouth ; and the other, to make an excursion through the waters of the Penobscot, and thence to the St. Law- rence. Provision was likewise made for a third expedition from Berwick through Coos, into Canada .*
By a new valuation, taken and completed in 1761, it appeared, New valua that 19 towns and plantations in the three eastern counties, were tion. considered of sufficient importance and ability to be called upon, and that their aggregate proportion of a £1,000 Provincial tax, was £74, 6s. 42d.t From these data, their whole population has been computed at 17,500 souls.
* 12 Jour House of Rep. p. 79 .- Wages per month to a Captain and two surveyors were fil each, and to privates £6 each.
t The following apportionment exhibits the relative importance of these towns and plantations :-
County of York. £
s.
d. County of Cumberland. £ s. d.
York
9
3 5 Falmouth
13 16 24
Kittery
9 10
82 Scarborough
5 5
62
Berwick
7 10 9 North-Yarmouth,
2 9 3}
Wells
4 17 0 Brunswick
2 3 103
Arundel
2 9
104 Harpswell
1 13 002
Biddeford
4 11 11
Gorhamtown Pl.
0 19 084
Narraganset -
0 11 10
New-Marblehead [Windham.]
0 9 10
No. 1 [Buxton.] }
33 15 6
26 17 50
County of Lincoln.
£ s.
d.
Aggregate.
£
s. d.
Pownalborough
1 17 92
York County
38 15 6
Georgetown
3
7
0
Cumberland Co.
26 17 5₴
Newcastle
1 7 0
Lincoln Co.
8 13 5
Woolwich
1 4 74
Topsham Precinct
0 17 0
Total
74 6 42
8 13 5
There were in number, about as many more plantations, which were not brought into the valuation .- Hampshire County of 31 towns (after Berkshire County was established in 1760) paid £75, 15s. 6d. ; Plymouth County, of 14 towns paid, f75, 4s. 7d .- Falmouth was the principal town in Maine. The Neck, [now Portland] contained 136 dwellinghouses, besides 4 shops, which had families in them .- Smith's Jour. p. 74.
358
THE HISTORY
[VOL. 11.
A.D. 1761. Political parties.
As peace and prosperity had never before dawned upon Maine with so much apparent brightness; it is to be regretted that the glorious victories over the French so long desired, had scarcely been achieved, ere the wicked spirits of jealousy and crimin- ation, should have countenance to poison the pleasures of success, to damp popular ardor, and to mar all the preconceived enjoy- ments and advantages of conquest. There had, it is true, long existed in the Province, party distinctions,-such as, advocates for the prerogative of the Crown, and defenders of charter and popular rights. It now became a matter of policy, conceived with much pride by the ministry and their emissaries in America, and advocated with great plausibility by them, that it would be inconsistent with the ability of the Colonies, to think of keeping up a military or marine force for their defence ; but that the country ought to rely upon British Governors and other select officers of the king's appointment, and upon royal ships of war and national garrisons, for protection or security. This party with us gener- ally consisted of all those, who were holding commissions under the Crown, or were courtiers expectant of some lucrative post, arising out of the anticipated system of taxation, planned ostensi- bly for defence of the Colonies, under ministerial direction .*
Governor Bernard's sentiments. The class to which Governor Bernard belonged, was a ques- politics and tion which did not long rest in doubt. English-born, educated at Oxford, and devoted to the episcopal religion ; a man of tal- ents, literary taste, extensive knowledge, and fair moral charac- ter, he was selected by the ministry as a fit instrument to promote their deep and dark purposes. For though he, in one of his early speeches to the General Court, spoke of merit as the only passport to preferment ;- and of all party distinctions as resolved into patriotism and loyalty ;- even whig and tory-court and country,-(as he said) being swallowed up in the name of Brit- on : Yet he took upon himself to advise both branches, it was observed, to lay aside all political divisions whatever, to catch the spirit of gratitude, love and duty, which inspired the whole body of the English at home, and to disregard all declamations intend- ed by designing men, to excite among the people suspicions and fears, that their civil rights were in danger .- It is true, said the
* Two shocks of an Earthquake were felt, March 12, at 15 minutes after two at night. That 5 years ago was jarring ;- this was undulatory.
359
CHAP. XIII.] OF MAINE.
House, a spirit of patriotic fire has powerfully touched the bosoms A. D. 1761. of his Majesty's American subjects ; and in this Province, it burns a pure flame-undamped by any political dissensions among the people. The intimation, therefore, of any party-spirit prev- alent among us, is received from the chair with deeper regrets, because we are unconscious of its having any foundation in fact.
The first controversies with him related to the custom-house ; Matters in the writ of asssistance ; the establishment of new municipal cor- him. dispute with porations ; and the pecuniary concerns of the Province.
the customs.
The numerous seizures made, were of course all libelled in Oficers of the Court of vice-admiralty, where exorbitant fees were taxed, and large rewards allowed to informers ; and hence the officers of the customs not only incurred an abundant share of popular odium,-they were also boldly accused of not paying into the Province treasury, the third part of the forfeitures or condem- nation money, as the law required .* A resolve, therefore, was passed, authorizing the treasurer to sue for the money ; and though it met the Governor's prompt negative, the suit was com- menced. It was abated, however, in the Superior Court, Mr. Hutchinson being at the head of the bench ;- a decision, gener- ally received with great disrelish by the people.
The writ of Assistance was a warrant granted by that Court, Writs of as- commanding all subjects, as well as officers, to search any house sistance. or place without designation, and without requiring a return of the precept. This arbitrary stretch of power was the more ob- noxious, because it was allowed to all custom-house officers on request ; and it required every body to assist them in making search, or collecting the revenue. Hence, by way of retaliation, the General Court subsequently passed bills, to exclude the judges from both legislative branches, and to reduce their sal- aries.
Great affront was also taken, about this time, especially by the Governor eastern people, because of the Governor's refusal to sign acts, in- incorpora- corporating plantations into towns, with the usual rights and priv- ileges. He contended, that a multiplication of these municipal corporations would swell the House to a size, never contemplat- ed by the charter, and incur an expense, unnecessarily burden-
* Due the Province at this time, £475, 9s. Ild .- 12 Jour. Ilouse of Rep. p. 231, 247.
resists the
tion of new towns.
360
THE HISTORY
[VOL. 11.
A. D. 1761. some to the community. If they were districts, vested with all the rights of towns, except that of sending representatives to the General Court, he told them his approval would not be with- holden. They reminded him of the unnumbered difficulties, which had attended the frontier plantations in the settlement of a wilderness ; also the lives, labor and treasure, their defence had cost them ; and protested against giving these meritorious sections of the community, the opprobrious name of district ;- a name unknown to all his Majesty's other dominions, and designed to imply a restriction of privilege, however large the place in terri- tory, or population. By the charter, every 'town and place' might choose two representatives-till a statute approved by the Crown, though restrictive, allowed every town of at least 40 freeholders, to choose one; and hence, no district nor other ' place' having that number ought to be barred the privilege. But afterwards the Governor received a royal instruction to sign no bill for incorporating new townships " without a clause to sus- pend the right of sending a representative to the General Court."* This touched a political artery-for the people perceived, he already entertained a jealousy of the popular branch
Public funds.
Though it appeared, that by levying a tax of usual amount,- continuing an exciset on tea, coffee, china-ware and other arti- cles,-and receiving £60,634 sterling, as reimbursement money advanced, the Province funds would be in a good condition ; yet a question arose about making gold a tender at the current rates, in payment of treasurer's notes and taxes. In this the Governor joined the opposition against the House, and after a fortnight's altercation, prorogued the General Court to January ; hoping, he said, by the time they met again, they would be more free from bias and prejudice, than they had manifested by their late con- duct. At the next session, however, the voice of the House prevailed against the Governor and his party ;- a result, which threw him into a fit of passion, and provoked him to utter several angry and unguarded expressions.
Dispute of the Gover- nor and House.
Among the enterprizes undertaken at this period in this eas- tern Province, we may particularly mention the spacious wooden
* Gov. Speech, Feb. 1762 .- 12 Jour. H. of Rep. p. 272.
t Collectors of excise ; in York county, Nathaniel Clark ; in Cumber- land, Theophilus Bradbury ; in Lincoln, Charles Cushing .- In Cumber- land county it was farmed out for f57 for one year.
361
OF MAINE.
CHAP. XIII.]
bridge, erected over York river, one mile from town, as an A D. 1761 ingenious specimen of art and improvement. Exclusive of large York abutments at the shores, it was 270 feet in length, by 25 in width ; bridge. resting on thirteen piers, each of which consisted of four piles driven to a depth into the bed of the river, sufficient to render the whole superstructure firm and solid. It was a toll-bridge- and is still standing. The entire enterprize, including the new method of driving the piles, owes its construction to the inven- tive genius of Major Samuel Sewall, a native inhabitant of York.
The good disposition, discovered at the winter session of the A. D. 1762. Legislature, was mutual ; for the interest of the eastern country 12 town- ships east- came under consideration, and all measures proposed for its set- ward of Pe- tlement and security, were heartily espoused without distinction of er granted. nobscot riv- party. Already there were several scattered settlers in the re- gion of Penobscot ; and on application of numerous petitioners, twelve townships were conceded to them ;- it being confidently believed, that by the united and persevering exertions of the Legislature and Governor, they should be able to procure a con- firmation from the Crown. Six of them were granted to David Location of Marsh and 359 others* named, and were to be located sever- class. the first ally, six miles square, in a regular contiguous manner, between the Penobscot and Union rivers. These grantees, as voluntary associates and tenants in common, individually bound themselves, their heirs and assigns, in a penal bond of £50, conditioned to lay out no one of the townships more than six miles in extent, on the bank of the Penobscot, or on the seacoast ; to present to the General Court for their acceptance plans of the survey, by the 31st of the ensuing July ;} to settle each township with sixty protestant families within six years, after obtaining the king's approbation, and build as many dwellinghouses, at least 18 feet square ; also to fit for tillage, 300 acres of land, erect a meeting-house, and settle a minister. There were reserved in each township one lot for parsonage purposes-another for the
* Some of the others' names were Enoch Bartlett, James McHurd, James Duncan, Peter Parker, Edward Mores, Dudley Carlton, Benjamin Harrod, &c.
t A plan was presented in June, 1763 .- See post, A. D. 1785. VOL. II. 46
362
THE HISTORY
[VOL. II.
A. D. 1762. first settled minister-a third for Harvard College-and a fourth for the use of schools.
The second class.
The other class of six townships were granted to several asso- ciations of petitioners upon the same terms .* These were to be laid out between the eastern limits of the first class and the river St. Croix ; and to be confirmed by the General Court, provided the royal assent could be obtained within eighteen months. The whole survey was made under the superintendance of Samuel Livermore ; and as six of the townships were bounded on one side of " Union River," and six on the other, the circumstance gave the river itself its present name.+
Conditions of the grant.
In these and all other conveyances of the 'Crown Lands,' lying between Sagadahock and St. Croix, the patents or deeds were signed by the Governor and Speaker, countersigned by the Provincial Secretary, and conditioned, according to the restric- tive clause in charter, to be valid, whenever they were confirmed by the king, otherwise without effect. The names also of the grantees were inserted, the boundaries described, and the con- ditions expressed ; each patent closing with a proviso, that the grantee " yield one fifth part of all the gold and silver ore, and precious stones found therein."
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