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 49
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t The other houses burnt, were Moore's, Peck's, McDonald's, Lam- phiere's .- MS. Let. of Henry Little, Esq.
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A. D. 1779. take home the wounded from different plantations on the river. But Capt. Mowett was a different character. He proceeded up the river, and threatened Capt. John Brewer to run him through with his sword, because he carried away in the cartel, Capt. Ross, At Brewer and Hamp- den. who had commanded one of our armed vessels .* Hence, Mr. Brewer and Mr. Crosby on the west side of the river, and others, procured a passage and conveyance for their families and effects, on board of a vessel to Camden, under George Ulmer, then in the river, who commanded at that place ; and drove their cattle A. D. 1780, thither through the woods .- In the winter, the people of Belfast were plundered and abused in a manner so outrageous, that they were forced to leave their houses and possessions, and seek a livelihood in distant places.t At one time, a plundering party from the British camp, visited the dwelling-place of John Gilky At Long Island. upon Long Island, himself being absent ; and, driving his five cows to the shore, shot them all to the ground. His wife begged them to spare one for the sake of her children ; and one it is true, was spared, but it was left dead. Gilky then removed to Cape Cod; yet returning before the war closed, he was taken from his house by another party, and confined in the fort a year. His house was plundered of its contents, by the crew of a boat called the ' Shaving mill,' and his family left in a most wretched con- dition. Shubael Williams, on a neighboring Island, afforded a The Tories. visiting soldier some service or relief, for which he was falsely charged with encouraging him to desert, and carried before a Court Martial at the garrison, and sentenced to be whipped 500 lashes.
Relief of the eastern people.
The wretched condition and local misfortunes of the settlers, were greatly aggravated by the Tories. They had removed from Massachusetts into Lincoln county, for the sake of being in the vicinity of their British friends ; and were either acting as spies and informers against the inhabitants, or encouraging them to a treacherous intercourse with the enemy. Therefore, to inspire the people in the eastern counties with union and a determinate spirit of resistance, the requirements upon them of men and provisions to re-enforce the Continental Army, were partially re- laxed. It was determined furthermore, March 15, that the troops stationed at Machias under Colonel Allen ; and the two
* Hon. D. Perham's Letter.
t They did not return till after the peace .- See, A. D. 1785.
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CHAP. XVII.]
volunteer companies, belonging to York and Lincoln counties, A. D. 1780. retained in pay since the Penobscot expedition, should be still continued in the service ; and that 600 men be detached for eight months' duty, from the three eastern brigades; making a force of about 800 men, including officers. Every soldier was ordered to march, well equipped, within 24 hours after he was detached, or pay a fine of £60 currency ;- money, which was to be ap- plied in procuring a substitute.
raised and posted east- ward.
This new detachment was to be arranged and organized into 600 men companies of a single regiment, and to be thus distributed,-300 to Falmouth,-200 to Camden,-and 100 to Machias. Warrants were drawn on the public treasury, in favor of the eastern mus- ter-masters for needful monies ; and the Board of War ordered to Falmouth, two 18-pound cannon, and five 4-pounders, with thirty rounds, and supplies of shovels, spades, crow-bars, pick and cutting axes, wheel and hand-barrows, and all articles neces- sary in the construction of a fortification.
The command of the whole eastern department, between Pis- General cataqua and St. Croix, was given to General Wadsworth. He commands Wadsworth was thereupon empowered to raise a company of volunteers in department, the eastern Lincoln county, whenever he should think the public safety re- quired it; and to execute martial law, ten miles in width upon Martial law the coast eastward of Kennebeck, and upon the Islands, con- authorized. formably to the standing rules and regulations of the American Army. His head-quarters were at Thomaston. That town and other places,* whose supplies were intercepted, and proper- ty plundered by the British and the Tories, were relieved from their taxes and other public contributions, elsewhere exacted.
For the purpose of protecting friends, the General found it necessary to draw a line of demarkation between them and their Executed. foes ; therefore he issued a proclamation, strictly prohibiting all intercourse with the enemy. But yet forbearance was con- strued into tacit indulgence, until a treacherous Tory conceived himself to be in no more danger than a zealous Whig. For in- stance, one Soule, a staunch known friend of liberty, who lived at Broad bay, was shot dead by the Tories or the enemy,
* No place eastward of Penobscot was called upon for taxes or contri- butions after this, till the close of the war.
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A. D. 1780. while in his bed, and his wife also was severely wounded. This drew from the General another proclamation, which denounced death to any one convicted of secreting or giving aid to the enemy. Afterwards, a man by the name of Baum, was tried and ad- judged by a Court-martial, guilty of treachery,-and was ex- ecuted. "This act of severity, though painful in the last de- gree" to the General," proved a salutary preventive of similar transgressions-in verification of the maxim,-' retributive jus- tice to foes is safety to friends.'
Intercourse with the Nova Sco- tians.
A great abuse had likewise crept into our too indulgent inter- course with Nova Scotia. For it was represented, that some of the smaller privateers, visiting that Province for the pretended purpose of relieving friends, collecting debts, or removing effects, had committed acts of plunder among them, and thereby shroud- ed our often avowed friendship, with suspicion. The General Court, therefore, required every commander of' a private armed vessel, to give a penal bond for his good treatment of that people.
A feat at Boothbay.
There was a feat, May 22, at Townshend, [Boothbay,] which is worthy to be mentioned. James R. Mowett, captain of the ' King's Rangers,' falling in with a sloop, belonging to Joseph Reed, seized her as a prize. The owner being extremely anx- ious to recover her, managed with so much adroitness, the next day, as to make him and nine of his companions, prisoners. The extent of Mowett's chagrin can hardly be imagined. He offered to restore the sloop and even to surrender his own schooner without a parley, if he and his men could be released ;- and the offer was at length accepted and the prisoners liberated.t
Dark day.
There were two occurrences which rendered the present year memorable, though they were of no very great importance. One was the dark day, May 19, in which a lighted candle was need- ful at noon, the darkness of the night being equally extreme and fearful. It extended through New-England, and a short distance
* General Wadsworth's Letter .- One account states that Baum was thought to have acted inconsiderately rather than criminally ; and " his " death gave dissatisfaction to many warm friends of the Revolution .- Eaton's Nar.
t The people of Mount Desert suffered much injury from the enemy. The crew of the ship Allegiance, killed their cattle and robbed them of their property. A Tory privateer took the Jolly Robin, a schooner, and the effects of several families as prize property .- Let. of Nicholas Thom- as, Esq.
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out from the coast. Among the marvellous, it excited interest A. D. 1780. and concern ; and among all, curiosity was awakened to enquire for the cause. It is now conjectured to have been in conse- quence of the smoke arising from large and extensive fires in New-Hampshire and Maine, and of a peculiar state of the at- mosphere.
The other was the treachery of General Benedict Arnold, in T'reason of September, at West Point, New-York ; whose execrable, though Arnold. defeated plan, to surrender that post to the enemy, resulted in the execution of Major Andre, as a spy. If we except the attack Events of upon Connecticut and the plunder of New-Haven, in 1779, the two years. events and incidents of the war, during that and the present year, were confined principally to the southern States :- years, in which there were displayed consummate generalship and great intrepidity of character, by the troops of both armies.
In a second attempt to form a State-Constitution of govern- A new Con- ment, 322 delegates, chosen by towns, convened at Cambridge formed and stitution on the first Monday of September, 1779, who organized them- ratified. selves into an Assembly, by the choice of James Bowdoin, Pres- ident, and Samuel Barrett, Secretary .* After a short discussion of principles, a Committee was appointed, of 31 members, se- lected from the different counties, to prepare and report a draft ;- to whom, time was allowed for the purpose, till the 28th of Octo- ber. The Convention then re-assembled and sat a fortnight. The next meeting was, January 5, (1780,) at the State House, where a draft was received from the pen of John Adams, t chair- man of the Sub-Committee.# This of course became the inter- esting subject of debate and revision, through a protracted session of nearly two months. At last, a form, completed, accepted, and printed, was distributed for adoption among all the towns and
* Journal of this Convention, in 6-4to. MS. Books,-Secretary's Office, Boston.
t The Sub-Committee were J. Adams, Sam'l Adams, J. Bowdoin.
# The Committee struck out of the Sub-Committee's report, two clauses, " one was an unqualified negative of the Governor ;" the other was " the " power of the Governor to appoint all militia officers from the highest Gen- " eral to the lowest Ensign."-" The declaration of rights was drawn by " John Adams ;" " but the article respecting religion, was referred to some " of the clergy or older and graver persons than myself, (says Mr. Adams,) " who would be more likely to hit the taste of the public."-MS. Letter of Hon. John Adams, 1812, to the author.
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A. D. 1780. plantations throughout the State. The yeas and nays were to be taken in town-meetings upon every article ; which was severally to be declared ratified, if 2-3ds of the voters present were in its favor .- Accompanying the Constitutional Draft, was an address to the people, written with considerable ability- stating the diffi- culties of entire unanimity, in subjects so important, as the powers and departments of government,-protective of civil liberty, and connected with the rights of conscience and religion. However, the Convention found, at their fifth and last meeting, that, of 290 towns and plantations, 186 had met and acted ; and that by the returns, every article was adopted by the requisite majority .-- Hence it was declared, June 14, by that Body, " that the people " have accepted the Constitution as it stands, in the printed form " submitted to their revision ;" and therefore it will come into operation, on the last Wednesday of the ensuing October.
Members of the Provin- cial Coun- cil.
During the last twenty years* of the Royal charter, the Coun- cillors for Maine and Sagadahock, were thirteen-JOHN BRAD- BURY, JAMES .GOWEN, JERAHMEEL BOWERS, JEDEDIAH PREBLE, ENOCH FREEMAN, BENJAMIN CHADBOURN, CHARLES CHAUNCEY, DAVID SEWALL, JOSEPH SIMPSON, EDWARD CUTTS, JEREMIAH POWELL, JOHN TAYLOR, and HENRY GARDINER.
Mr. Brad- bury.
Mr. Bradbury, an inhabitant of York, had been a representa- tive of that town ten years, prior to his first election into the Council in 1763. He was also ten years successively a member of the Board; and between 1778 and 1780, a Judge of the Mr. Gowen. Common Pleas. Mr. Gowen, having been a representative eight years in the General Court, from the town of Kittery, where he resided, was elected into the Council for Sagadahock, A. D. 1770-1-2; and in 1773, for Maine. He was appointed also upon the bench of the Common Pleas, where he had a seat about Mr. Bowers, seven years. Mr. Bowers was a land proprietor and non-resi- dent of Maine, dwelling as it is understood in the county of Bristol, Elected in 1773 into the Council, he was a member that year only. Gen. Preble lived in Falmouth-a gentleman of great respectability and influence, Eight years he represented his town in the General Court ; three he was a Councillor, beginning with 1773 ; and the first four years of the Constitution he was the senator for Cumberland,t Mr, Freeman lived in the same town ; represented it in the General Court two years, and was
Mr. Preb- ble.
Mr. Free- man.
* See ante, A. D. 1760.
t General Preble died March 11, 1784.
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CHAP. XVII. ] OF MAINE.
in the Council in 1774 and 5. He was also 28 years a Judge of A. D. 1780. the Common Pleas, and 12 Judge of Probate. He was a na- tive of Eastham, Massachusetts ; a graduate at Harvard in 1729 when 23 years of age, and settled in Falmouth in 1741 ;- a man of worth, usefulness and piety .* Mr. Chadbourn represent- Mr. Chad- bourn. ed Berwick, his native town, 16 years in the General Court. He was elected into the Council, for Sagadahock, in 1774, and for Maine the two succeeding years. He was likewise a mem- ber of the Executive Council several years under the Constitu- tion ; and a Judge of the Common Pleas. He was the great grandson of Humphrey Chadbourn, who came and settled at Newichawannock in 1636 ; and it is believed, his father, of the same name, was a member from Berwick several years in the General Court. Mr. Chauncey, who lived in Kittery, was elect- Mr. Chaun- ed into the Council, in 1775 and 7, two years only. Mr. Sew- Mr. Sewall. cey. all, a native inhabitant of York, was a member of the Council- board in 1776 and 7 ;- one of the most distinguished citizens of the State-a graduate of Harvard, a Register of Probate, a bar- rister at law, a Justice of the Peace through the Province and State, a Judge of the Supreme Court, 10 years, and of the District Court, 30 years. Mr. Simpson of York, was in the Mr. Simp- House, three, and in the Council, two years ; and a Judge of the son. Common Pleas, and of Probate, about sixteen years subsequent to his first appointment in 1780. Mr. Cutts of Kittery, after Mr. Cutts. representing his town in the Legislature seven years, was elected a member of the Council in 1779, and succeeded Judge Simpson in both the Judicial offices he held. Mr. Powell dwelt at North- Yarmouth, of which he was the Representative in the General Mr Powell. Court eleven years. He was first chosen into the Council in 1766, and was a member for Sagadahock, four years in suc- cession ; and afterwards for Maine, eight years. He removed, it is believed, for a time to Boston, about the year 1775, and was President of the first Senate under the Constitution.+ For Sagadahock, Mr. Taylor was Councillor in 1775-6, and 7, and Mr. Taylor, and Mr. Mr. Gardiner of Boston, in 1778 and 9 ;- both non-residents. Gardiner. The latter was Treasurer of the State.
t He had also filled the office of Colonel. He died Sept. 2, 1788, leaving two sons, amuel of Portland, and Enoch of Westbrook.
t Colonel Powell died at North-Yarmouth, September 17, 1784 .-- Smith.
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CHAPTER XVIII.
State-government organized under the Constitution-Bath incorpor- ated-General Wadsworth made a prisoner at ' Biguyduce-Par- ticulars as to his and Burton's escape-Defence of the castern country-General McCobb, commander of the castern department -The Indians-Public debt, credit and burdens-Specie plenty -The people-Committee of eastern lands-Surrender of Lord. Cornwallis and his army-Peace-Revision of the Judiciary and the fcc-bill-Confession and tender acts-The Militia organ- ized-The coast guarded-Port at Machias discontinued-De- finitive treaty-American army disbanded-Losses in the war- Public debt incurred-Losses in Massachusetts and Maine.
BY the Constitution, adopted June 14, and brought into oper- ation, Oct. 25, the administration of the State-government was in several particulars essentially changed. The executive pow- er was now vested in a Governor, Lieutenant-Governor, and an advisatory Council of nine members. Legislation was commit- ted to a General Court of two branches,-a Senate of 40 mem- bers, and a House of Representatives,-the one chosen by coun- ties or districts, and the other by corporate towns. The num- ber of Senators assigned to a county was in proportion to its property returned in the periodical State-valuation. Every town of 150 taxable polls, was entitled to a single representative, also to one more, for every additional number of 375 polls, or ratable persons. The members of the executive and legislative depart- ments received an annual election ; the Councillors were chosen from the Senators, in convention of the two Houses; and the others by the ballots of voters* given in the town-meetings. All Judicial officers were appointed and commissioned by the Exec- utive, to hold their offices during good behavior.t The militia of the State was arranged into Divisions, Brigades, Regiments
* A voter must be 21, and have an income of $10, or estate worth $200. + Except Justices of the Peace, who held their offices seven years only, unless recommissioned. Under the charter, they were commissioned during good behavior.
A.D. 1780. Oct. 25. State-Con- stitution.
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CHAP. XVIII.]
and Companies. The Major-Generals of Divisions were chosen by A. D. 1780. the two legislative branches, each having a check upon the other ; the Brigadiers by the officers of their brigades ; Regimental officers by those of the regiments, and company officers by the members of 21 years old ;- and all were commissioned by the Governor as Commander-in-Chief. The Secretary, Treasurer, Commissary-General and delegates to Congress, as well as the State Councillors," were chosen by a joint ballot of the two leg- islative branches in convention.
At the first election, Sept. 4, JOHN HANCOCK was chosen John Han- Governor, and when the General Court convened, Oct. 25, they Governor. cock, Ist elected THO TAS CUSHING, Lieutenant-Governor ; no choice having been made at the polls. Jeremiah Powell was chosen President of the Senate ;- Caleb Davis, Speaker of the House, and Samuel Freeman, Clerk ; the number in the latter branch being 196 members.
The Senators assigned by the Constitution to the District of Senators Maine were four; York county was allowed two, and elected Edward Cutts of Kittery, and Benjamin Chadbourne of Ber- wick. The latter was then chosen into the Council. Cumber- land was allowed one, and Lincoln one, and the former elected Jedediah Preble of Falmouth, and the latter Thomas Rice of Pownalborough.
for Maine.
Ist Speech.
When the Governor met the Legislature, he urged upon their Governor's consideration, in his first Speech, the wisdom and indeed the necessity of supporting public credit,-of enforcing a prompt collection of taxes,-of encouraging and extending the means of education,-and especially of providing relief for the ministers of the gospel, those flaming lights of liberty, suffering losses even to penury, through a depreciation in the currency.f
Among the few acts of a general nature passed the first year, First acts of were those-framed to establish the salaries of the Governor and General Court. the Judges of the Supreme Judicial Court ; } to provide by lotte-
* If the Councillors of the first choice accepted,-their seats at the Senate-board remained vacant through the year; if they refused to accept, the second choice was taken from the people at large.
t There were at this period, in the District of Maine, thirty-one settled ministers of the gospel ;- 28 congregationalists; 2 presbyterians; 1 or 2 baptists, and in Kittery, a small society of friends.
# Governor's salary, £1,100 " in specie;" Chief Justice, £320 ;- the other Judges, £300 each. A Committee consisting of the Judges of the
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A. D. 1781. ry for clothing the Massachusetts troops in the Continental army ; to regulate the currency, upon principles of equality and justice ; and, March 3, to regulate the Militia, in conformity to the pro- visions of the constitution.
Bath incor- porated.
The first town established by the new government was BATH ; incorporated Feb. 17, 1781 ; which had been, since Sept. 7, 1753, the northerly or second parish in Georgetown. It is situ- ated north of Winnegance creek, which mostly separates it from the present Phipsburg. It extends between Sagadahock, Long- reach on one side, and New-Meadows or Stevens' river on the other, to Merrymeeting bay. The first settlement was ancient. Thomas Stevens, between A. D. 1667 and 1670, purchased of Elderunkin and Devele Robin Nenement, two Sagamores, their possessory right to a large tract including this township. But it is believed, that the first settlement was undertaken on the banks of 'Long-reach,' above the ' Elbow,' before A. D. 1670, by Rev. Mr. Gutch, without either the patronage or interposition of Stevens. For in the trial of Doct. Gardiner's action in 1758, who claimed 1200 acres under the Plymouth patent, where Bath village now stands, against Col. Nathaniel Donnel of York, who defended under a derivative title from Gutch ; it was testified by old Mr. Preble, living on the eastern bank of the river oppo- site, that he " could remember to have seen Mr. Gutch's meeting- house," and that he was often told ' he had been a preacher to the fishermen, and was drowned "near one hundred years" pre- vious to the time of his testifying.' Gardiner recovered ; and probably from the time of that decision, the settlement, which had lain waste from the first or second Indian war, was gradually revived. There was also another settlement on Stevens' or New- meadows' river, which was till 1770, probably the most popu- lous neighborhood. The first parish-meeting was holden at the house of Jonathan Philbrook, in that part of the settle- ment. A meeting-house was raised and boarded in 1760, on the westerly side of Donnell's pond ; and January 2, 1768, Rev. Francis Winter settled there in the ministry ; who accepta- bly acquitted himself of the pastoral duties nineteen years .*
Supreme Judicial Court,-the Attorney-General,-J. Bowdoin, and J. Pick- ering were appointed to revise the statute law and report at a future day.
* Bath, (the 41st town in the State) first settled by Samuel York or Mr. Gutch, was a name suggested by Dummer Sewall, Esq. The title to the
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CHAP. XVIII.]
To return to the war-as soon as the 600 militia, detached in A. D. 1781. March, a year ago, for eight months, had returned home in De- The attack upon Gen.
cember, Gen. Wadsworth had left to his command a very small Wads- force. So situated, he had selected for a few weeks' residence, worth. a habitation at Westkeag, a small rill in the heart of Thomaston, where he was living with his family ; consisting of his wife, a son, five years old, a daughter younger, and Miss Fenno, a par- ticular friend of Mrs. Wadsworth. He was then guarded by only six soldiers. Acquainted with his defenceless condition, Gen. Campbell despatched a party of 25 men under Lieut. Stockton, from the fort at 'Biguyduce to make him a prisoner. They arrived at dead of night, Feb. 18, near his house, which was four miles from the place where they had landed and left their schooner. The ground was covered with snow, and the weather was severely cold. The sentry hailed, " who's there ?" -and then, contrary to all orders, entered the door of the kitch- en, which being used as a guard-room for the soldiers, was now opened by them, to receive him. His retreat was instantly followed by a volley, fired into that part of the house. At the same moment, others discharged their guns into the sleep- ing apartment of the General and his wife, and blew in a part of the window ; and a third party forced their way to Miss Fen- no's room. Thus possession was taken of the whole house, ex- cept the General's room, which was strongly barred. Finding no person with Miss Fenno except Mrs. Wadsworth, who had
lands was long supposed to be in the Plymouth Company .- [See George- town, ante, A. D. 1716.]-Rev. Mr. Winter's successor in the ministry at Bath, was Rev. Hugh Wallis, ordained in 1795; but he was dismissed in 1800. Rev. Asa Lyman was settled in 1805; and Rev. John W. Elling- wood, 1812. Bath Academy, incorporated March, 1805. In 1820 there were in Bath four commodious meeting-houses-2 churches of congrega- tionalists, two of baptists, one of methodists, one of universalists and a " Society of New-Jerusalem," since organized, (in 1829.) There were in town (in 1820) two Banks, Lincoln and Bath, each $100,000 capital ; and two weekly newspapers printed. The harbor of Bath is good, being 12 miles from the entrance into the river ; and the passage to'it safe. The tonage of this town, in Dec. 1828, was 36,291 tons. Between 8 and 12,000 tons of shipping are annually built here .- It is told by tradition, ' that in ' king Philip's war, there was a battle in this vicinity between the English ' and the Indians, in which the former, though they won the day, lost 200 ' men :'-But unsupported as a fact by any other accounts .- MS. Letter of Zina Hyde, Esq.
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