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 51
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A. D. 1781. ' the treasury without delay ; for it is manifestly impossible to ' support an army, if the towns withhold their taxes. Let it be ' evident, that the people of Massachusetts, are animated with ' the same principles which inspired them in the early stages of the ' contest ; and that they feel the salvation of the country to be of ' higher importance, than any other interest or object. Thus shall ' we dash the last hope of the enemy, founded as it has been and ' still is, upon the inability, avarice, or disunion of the people.'
The eastern people.
In the midst of all the burdens, privations and evils, which the eastern people had been called to suffer,-the enemy at length firmly seated in the bosom of their country ; there had been rather an increase than diminution of population. No longer alarmed by the war-whoop and tomahawk of the Savage, men chose the depths of the forest for a retreat and residence, rather than be separated from their families. Though they had here to struggle with poverty, it was to them no new acquaintance; and though removed from the mechanical and social conveniences of civilized life, they could enjoy domestic quiet,-an asylum from the noise and ravages of war; and feed their minds with reasonable anti- cipations of future improvements and plenty. In short, an early distinction was likewise made by the public, between the greedy trespasser who entered the forests merely to fell and plunder ; and the enterprizing actual possessor, whose motives were settle- A Commit- tee to in- quire into the eastern lands. ment and culture. Espousing this doctrine, the General Court appointed a Committee of five able men,* to inquire into all the the state of encroachments upon the wild unappropriated lands of the State ; to examine the rights and pretexts of claimants ; and to prose- cute obstinate intruders and trespassers-yet liquidate fair adjust- ments with all such as were disposed to do right, upon principles of equity, good faith and duty. So long as the war continued, there was no great trade in lumber, and consequently the tempta- tion to plunder the forests was small; though the law which pro- hibited the exportation of masts and spars, was in the spring fol- lowing repealed.
In the southern States, which had been for a long time the theatre of the present war, a great and auspicious event occurred,
* These were Jedediah Preble, of Falmouth; Jonathan Greenleaf, of New-Gloucester; David Sewall of York ; John Lewis of North-Yarmouth ; and William Lithgow of Georgetown .- Resolve, May 1, 1781.
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which filled America with joy, and formed a prelude to the clos- A. D. 1781. ing scenes of the revolutionary struggle. This was the surrender October 27. Surrender of the British army under Lord Cornwallis, at Yorktown in of Cornwal- Virginia, Oct. 27, 1781-to the combined forces of the Ameri- lis. cans and French ;- four years and two days, subsequent to the capture of Burgoyne. The prisoners exclusive of seamen, were 7,073; of which number, 5,750 were rank and file .* General Washington, on this very joyful occasion, ordered, that those who were under arrest should be pardoned and set at liberty ; and recommended, that all the troops not on duty, do attend divine service appointed to be performed to-morrow, "with a serious " deportment, and that sensibility of heart, which the recollection " of the surprizing and particular interposition of Divine Provi- " dence in our favor claims."-Congress went in solemn proces- sion to Church,-returned thanks to Almighty God for crowning the allied arms with success,-and issued a proclamation, ap- pointing December 13, as a day of national thanksgiving and prayer.
The period of suspense, as to the future course the British A. D. 1782. government might pursue, was short; for the Commons resolved, March. The British on the 4th of March following, that they " would consider as en- Commons emies to his Majesty and the country, all those who should advise, resolve to prosecute or attempt the farther prosecution of offensive war, on the Conti- the war no farther. nent of North America." Commissioners were soon after ap- pointed to negociate a peace ; and on the 30th of November, Nov. 30. they agreed upon the Provisional Articles, by which Great Britain Peace. acknowledged the Independence of the United States in its full- est extent.
In the meantime, there were in several places acts of hostility Private by the powers at war ; but the storm was over, and the commu- debts. nity felt relief. To the voice of liberty, which had been so uni- versally revered, succeeded that of justice, with calls equally imperious. Every body was in debt, and every body had claims. + In adjustments between right and wrong, between debtor and creditor, resort was often necessarily had to law and to Courts. Hence the Judiciary system was revised in July, when there were
* 2 Holmes', A. Ann, p. 458.
+ Also, " people are in a sad tumult about Quaker meetings, ministers and taxes." Feb. 14 .- Smith's Jour. p 115.
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A. D. 1782. established a Supreme Judicial Court of five Justices through the
The judici- State; and in each county, a Court of Common Pleas constituted ary system revised. of four Judges ; a Court of General Quarter Sessions, formed by the Justices of the Peace therein ; and a Court of Probate, to be holden by a single Judge. From the adjudications of these three latter Courts, parties had a right of appeal to the Supreme Court of Judicature. Two terms only were allowed this Court to the District of Maine, both of which were in June ; one Fee-bill im- being at York and the other at Falmouth. The fees allowed to proved. civil officers, and those taxed in lawsuits, were revised ; and had the policy been as good as the motives were, to prevent litigation and costs, the benefit of some new statutes might have been ex- tensive.
Confession act.
For an act was passed, May 3, with a very imposing title, 'to ' provide a more speedy method of recovering debts, and to pre- ' vent unnecessary costs ;' by which any creditor, if he should " see cause,"* might summon his debtor before a Justice of the Peace to acknowledge a debt of any amount ; and his only chance was an appeal :- Otherwise, upon his acknowledgment or default, payment might be enforced by immediate execution. But it proved an artifice abundantly calculated to ensnare both parties in its toils. The creditor chose his court ; legal process was loose ; justice was abused ; undue advantage was taken of debtors in their absence ; and an extent upon their real estate was some- times made and recorded, before they had actual notice of the suit. A reversal of such proceedings, with costs, through the medium of a higher court, was the usual consequence ; and in less than six months, the General Court declared it did not answer "the ends designed," and therefore, Oct. 19, the same year, they re- pealed it. Instead of it, however, a salutary provision of law was introduced, by which a voluntary recognizance of debts be- fore Magistrates, was authorized, and has ever since been in force.
T'ender act.
To perfect the system still more, another act was passed, July 3, which provided for the satisfaction of executions by cattle and other enumerated articles of personal property, at the appraise- ment of impartial men under oath. In its practical operations, this law tempted debtors to conceal their most valuable kinds of
* This law, by way of nick-name, was afterwards called the " See cause " Act ;"-from that expression in the first clause of it.
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property ; and when the officer came with the execution, it was A. D. 1782. levied on articles of little use to the creditor. It unjustly deterred him from demanding his dues, and encouraged the debtor to neglect or delay payment. Still it was less mischievous than the other and had a longer life .*
By the Militia laws, March 3, 1781, and March 21, 1783, the Militia of trainbands were to consist of all able-bodied men from 16 to 50, Maine. and the alarm list of those and others between 50 and 65, ex- cepting from both classes, all judicial, executive and church offi- cers, legislators, masters of arts, and even selectmen; and the officers as well as soldiers were finable, if they were unequipped or absent from duty. The militia in the District of Maine, was arranged into 120 companies ; and finally classed into 13 regi- ments, f three brigades, and two divisions-denominated the sixth and seventh of the State. ICHABOD GOODWIN of Berwick, was Maj. Gen. Goodwin, afterwards chosen by the General Court, the Major-General of and Major the former, embracing the militia of York and Cumberland ; and gow. Gen. Lith- WILLIAM LITHGOW of Hallowell, still later, the Major-General of the latter, embracing all the militia of Lincoln County.
A small armed vessel and tender were ordered, in March, to A, D. 1783. cruise for the enemy in Casco bay, and along the eastern coast, A cruise to collect the firearms, and public property of the State, wherever coast upon our found in the hands of individuals, and distribute the same to the best advantage. By this time, the faith and honor of British privateers and soldiers, were extremely low. The strong antici- pations of peace were no certain security against predatory ag- gression ; and the guards at Falmouth, Cape-Elizabeth, and Guards kept under payı probably at Camden, were to be continued in the public service, so long as the Captain-General of the State might order.
But on receiving, in May, more authentic intelligence of peace May.
News of in Europe, furloughs were granted to the non-commissioned offi- peace in cers and soldiers of the American Army ; prisoners in England Europe. Furloughs were dismissed ; the military post at Machias was considered to given to the soldiery.
* The people eastward of Penobscot, petitioned the General Court to enlarge the jurisdiction of Justices of the Peace among them, to £10; and to establish the usual County Courts in that quarter, with right of ap- peal to the Supreme Judicial Court at Boston.
+ In York County, 3 regiments; Cumberland 4; in Lincoln 6. The militia act underwent a revision, March 10, 1785, when the District of Maine, was constituted one division,-soon after formed into two divisions, and the Major-Generals chosen, above named.
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A. D. 1783. be no longer of general importance,-and orders were given, Post at Ma- July 11, for the discharge of Col. Allen, and the removal or sale chias, dis- continued. of the public stores. Numerous stands of firearms had been distributed to his neighbors and the people of other seaports ;- 107, for instance, having been delivered to General Preble and Capt. Ilsley of Falmouth, and to Isaac Snow of Harpswell-all which, and others, were commanded to be returned into the pub- lic arsenal.
Definitive treaty of tember 3. On the 3d of Sept. 1783, the definitive treaty of peace was Paris, Sep- signed at Paris; the second article of which described the north-eastern boundary to be "formed by a line drawn due " north from the source of St. Croix river to the highlands, " along the said highlands, which divide those waters which empty " themselves into the river St. Lawrence, from those that fall " into the Atlantic ocean, to the north-easternmost head of Con- " necticut river"-and " east by a line to be drawn along the " middle of the river St. Croix, from its mouth in the bay of " Fundy to its source ;"-being the eastern and northern boun- dary of Maine. The treaty also conceded to the United States, " all the Islands within 20 leagues of the shore, and the right unmolested to fish on the Grand Banks, and on all the other banks of Newfoundland, and generally in every place where the inhabitants of both countries have heretofore used to fish."
October 18. American army dis- banded,
This was succeeded by an entire cessation of hostilities; the withdrawment of the British from our shores, and the disbanding of the whole American army on the 18th of October, (1783). It was not, however, till December, that the garrison at 'Biguy- duce was broken up and abandoned .* The people who had retired from the eastern parts made immediate preparations to return; and with them emigrated large numbers of new set- tlers.
Losses in the war.
It has been stated, that Great Britain, in this war, lost of her own subjects and mercenaries, one hundred thousand lives ; and added to her national debt, £120,000,000 sterling ; winning nothing but an inglorious defeat. The United States established their National Independence, at an immense sacrifice of blood and treasure ; losing probably more than fifty thousand brave
* Colonel Wardwell.
CHAP. XVIII.]
OF MAINE.
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men, and incurring a national debt of 45 millions of dollars,* A. D. 1783. besides local and individual expenditures and damages to an un- told amount.
Massachu-
The loss of men to Massachusetts, in the field, in camp and Losses in in prisonships, has been estimated at a number between 8 and 9 setts and thousand. Her own debt incurred was about five millions of Maine. dollars in specie value ; besides her proportion of the national debt, which was estimated to be as much more.t The quota to Maine of these and all other public burdens was one tenth, ac- cording to the general valuation ; the ratio being subsequently from time to time enlarged, as numbers and wealth increased proportionably faster here, than in Massachusetts proper. The men belonging to Maine, who fell during the war, must have ex- ceeded a thousand.
* Namely, Foreign debt, $7,885,085
Domestic do. 34,115,290
Interest to 1783, 2,415,956
$44,416,331 .- 2 Coll. Mass. Hist. Soc. p. 402.
Equal to about £10,000,000 sterling.
¡ 2 Bradford's Hist of Mass. p. 228, 247.
Note .- Though the eastern Indians were friendly, those at the north were of a different disposition. For instance, in June, 1782, a party came through the wilderness from Canada, and fell upon the infant settlement of Newry, set their habitations on fire, and destroyed all the property they could not carry off; acting out their accustomed barbarity, yet did not molest the women ;- and fortunately the men were gone to the next town, now Bethel, then Sudbury Canada. The Indians proceeded then to that place, where they killed several, carried others away prisoners. a part of whom they slew on their way to Canada .- Letter of Luke Riely, Esq .- The same party of Indians carried away from Bethel, Nathaniel Segar and Benjamin Clark, and detained them 15 or 16 months .- Letter of J. Grover, Esq .- Netallie was a Chief, dwelling on an Island in Lake Umba- gog. His sons joined the English in the war. This so offended the father, " that he drove them from him and forever disinherited them."-MS. Let. of J. A. Poor, Esq .- On the 4th of August, 1781, two men were killed by the Indians in Gilead .- MS. Let. of A. Burbank.
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CHAPTER XIX.
The District of Maine-Committees of eastern lands-Land-office- Surveyor-General-Surveys by him-Settlers encouraged-Lum- ber, ashes and fish-Plantations-Machias incorporated-New- Brunswick-Settlements at St. Croix-Conflicts of the borderers -Commissioners inquire into the causes-The excise-Statute-law revised-Expenses of the Penobscot expedition-Governor Han- cock resigns-James Bowdoin elected Governor-Demand for eastern lands-12 townships confirmed-New-Sharon-Number three-Mount-Desert-Eddington-The Islanders and settlers- Counter-titles to lands-Tract claimed by the Tarratine Indians -Treaty with them-Towns and plantations revived-Shapleigh, Parsonsfield, and Standish, incorporated-Great freshet.
A. D. 1783. As soon as peace was settled, and the definitive boundaries The District known ; the eyes of thousands were turned upon the District of of Maine. Maine. No fears now remained of the Indians. These ancient, independent and hardy freeholders of the soil, had become re- duced by the wastes of time and war, to a spectacle commanding the generous sensibilities of every heart. They were our allies likewise; and their conduct had given full attestation of their fidelity through the war. After allowing to them a restricted territory ; the rivers and forests were no longer theirs. The fee and virtual possession of all the ungranted region, it was agreed on all hands, were in the State. She had made very few grants* since the declaration of independence. The importance, at this period, attached to the extent and value of these eastern lands, was great ; for if the District of Maine embraced 30 mil- lions of acres, it was supposed, that when all patents and other conveyances were deducted, two-thirds of the whole still remained unappropriated. Nay, such were its water privileges, the resour- ces of its forests, the goodness of its soil, and such its various
* One of the first grants was September 21, 1780, of 6,000 acres to Arthur Lee, to be located on Saco river. This was to remunerate him for services rendered the State in London, after the return of Doct. Frank- lin in 1775.
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attractions to enterprize, that no man needed the power of pro- A. D. 1783. phetic discernment, to foresee the country filled with inhabitants and wealth.
For three years, the primary Committee* had acted as watch- A. D. 1784. ful guardians of the public lands ; in which period, wherever they March 19. found obstinate or incorrigible trespassers, they had instituted Committee Primary prosecutions against them. But, aware of their inability to per- of lands. form the numerous and complicated duties devolving upon them, they resigned their trust eastward of the river Kennebeck; and in March, Samuel Phillips, jr. of Roxbury, Nathaniel Wells New Com- of Wells, and Nathan Dane of Beverly, were appointed to the eastern mittee of same office, and vested with more ample powers. These were their duties. lands and instructed by the General Court to inquire into all trespasses, illegal entries and encroachments upon the public lands ; to as- certain how far grantees had complied with their engagements, and what were the limits of the tracts, owned or claimed by the Indian Tribes ; and to report the expediency of employing skil- ful surveyors, to run out six townships on the river St. Croix,- four on the west side of Penobscot, above the Waldo patent,-and all the territory on the eastern side of the latter river, between the Indian lands and the twelve townships conditionally granted before the war. For these purposes, they were directed to send one of their number to visit this District, in person.
To encourage soldiers and emigrants, desirous of settling upon Offers to new lands, the Committee were farther instructed by government settlers. to offer every such adventurer, at one dollar per acre, his choice of 150 acres any where upon the rivers and navigable waters of Maine ;- or to give him 100 elsewhere, if he would but clear 16 acres in four years. A Land Office was established at the A land office seat of government ; Rufus Putnam was appointed State-survey- and a sur- established ; or, and public notice was given in the newspapers, that wild eral ap- veyor-gen- pointed. lands would be offered in quantities-to suit purchasers, as soon as the surveys and plans could be made, and the requisite infor- mation could be obtained ; that payment would be received in soldiers' notes, or the consolidated securities of the Common- wealth ; and that all who had entered and made actual improve- ments upon the State's lands, under mistaken licenses, or without any leave, would be quieted upon fair and feasible terms.
* Ante, A. D. 1781.
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A. D. 1784.
Surveys made and settlers en- couraged.
During the season, several townships were actually surveyed in the county of Lincoln, so far as to run the exterior lines. Sur- veys were also made of Rogers' Island, and three others, in Moos-pecky-reach, and conveyed to Paul D. Sargent and his associates. Burnt-coat Island was sold to James Swan; and in general, the Committee were authorized 'to sell and deed any ' pieces or strips of unappropriated land, at public or private sale, ' for the most they could obtain.' These encouragements at- tracted much attention. Great numbers returning home from the army, in want or indigence-possessing little more than a sol- dier's note, a few depreciated bills, and a character for courage, patriotic zeal, and industrious habits, removed into this eastern country, and laid the foundations for their families' respectability and fortune.
Pine-tim- ber, boards and shin- gles.
To prevent the destruction of the innumerable White Pines yet standing upon the public lands, by far the noblest trees in the eastern forest, the Legislature made it penal in the sum of $100 to cut one of them,-recoverable by indictment. They also forbade by a perpetual law, the exportation of any other than square-edged boards, or any other shingles than such as were 18 inches in length and entirely sound ; and required towns to choose surveyors of lumber. Pot and pearl ashes, and fish, be- pearl ashes, ing articles of exportation from Maine; inspectors of them were by a statute of 1784, required to be appointed for the benefit of trade, and the encouragement of exporters. By these timely and judicious provisions, an additional value was given to those articles, and a more ready sale secured in foreign markets.
Pot and and fish in- spected.
Plantations.
By a new census and a new valuation this year, several places were brought into the lists, which had heretofore escaped notice. The plantations of Little Falls, [Hollis,] and Massabeseck, [Wa- terborough,] were, for instance, bounded by law principally for the conveniences of collecting taxes. To poor men, an exemp- tion from the public pecuniary burdens, now so heavy, had be- come a motive, sufficient to induce them to settle in plantations. These being unorganized, often escaped assessments, and there- fore had little desire to be incorporated into towns. At last, the General Court made a thorough enquiry into the reasons, why there were so few applications for the establishment of towns, since the war.
Machias in- corporated.
One, however, was incorporated this year. This was Machias,
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CHAP. XIX.]
June 23, the most noted plantation in Maine .* Its extent was A. D. 1784. about ten miles by eight, through which the river runs, called by Machias. the Indians " Mechises ;"-whence the town derives its name. It was the first municipal corporation established, between the rivers Penobscot and St. Croix. The effectual commencement or revival of this plantation, is traced to incidents which occurred in the years 1761 and 2 ;+ when this place was visited by men from Scarborough, for the purpose of cutting hay in the marshes. Mill sites were then selected by them, just above the head of the tide in West Machias river. Sixteen associates, attended by Mrs. Larrabee, the wife of one, removed from that town in May, 1763, to the northern shores of the river, erected a saw-mill at the place chosen, and laid out a tier of 16 seven-acre lots, below, opposite, and above the mill, as far as the southerly margin of the marsh, which adjoined Middle river. Eleven of them built log houses upon their lots, into which they removed their families during the autumn. Accessions were made to the settlement the next year ; and in 1765, Benjamin Foster, and his neigh- bors, assisted by Capt. Ichabod Jones of Boston,Į erected a double saw-mill against the west shore of the east branch or riv- er, about 100 rods above the head of the tide, where the foun- dation was laid of the eastern village.
There were several mills built by Jones and others, on the east and west branches, and one on Middle river, before 1770; when on application to the General Court, in June, by a petition bearing " eighty" signatures, the township was granted and confirmed by courses and boundaries, to the inhabitants, with the usual reservation of lots for public uses. Nevertheless, the legisla- tive grant was to be void, unless the king's approbation should be obtained within three years. For this purpose, an agency was committed to John Bernard, Esq. a son to the Governor ; yet he met with no success before the war of the Revolution, which ex- tinguished all royal claims. The first minister of the gospel resident in the plantation, was Rev. James Lyon, educated at Nassau Hall, in Princeton, New-Jersey. Though never regular-
* MS. Narrative of Hon. S. Jones, 35 pages, finished in 1825,-when in the 87th year of his age .- Machias has been divided into the towns of Ma- chias, East Machias and Machias-port, since the Separation.
t See ante, A. D. 1766-7 and 1775 .- 3 Mass. Hist. Coll. p. 144.
# The father of Hon. John C. Jones.
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A. D. 1784. ly invested at this place, with the sacerdotal office, he discharged its sacred duties, from December, 1771, through a period of nearly 32 years ; for which he received £100 settlement, £100 salary, and a land-right through the township .*
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