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 59
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578
THE HISTORY
[VOL. II.
A. D. 1798.
Commis- sioners to determine the river St. Croix.
To determine and settle by commissioners, according to the 5th article of Mr. Jay's treaty, what river was the St. Croix, as mentioned in the treaty of 1783, there were, in 1796, appointed to that trust by the British Court, Thomas Barclay, and by the American Executive, David Howell and Egbert Benson. Ac- companied by agents on both sides," and by two skilful survey- ors, Samuel Titcomb and John Harris, they met at Halifax in September, 1796 ; and thence proceeded to Passamaquoddy for the purposes of obtaining facts, both by enquiry and ocular ob- servation. In the river Schoodic, opposite to the north-east cor- ner of what is now Robbinston, they visited an Island, whose sit- uation and aspect bore strong resemblances to the description given of the Island St. Croix, by L'Escarbot, Charlevoix and other French writers ;t where DeMont's party passed the winter, A. D. 1604 .¿ 'Near the upper end of it were the remains of ' a very ancient fortification, overgrown with large trees, where 'old bricks were found, and where the foundation stones were ' traced, to a considerable extent.'§ The surveyors, in 1797, made a survey of the place and river, and presented to the Com- missioners a plan well delineated. Other places were exam- ined, and the British agent raised an argument upon this hypoth- esis, that the true source of the river St. Croix, was west of the Cheputnatecook ; but the American agent urged, that the Maga- guadavick, [Magadave,] farther east, was the river intended.
They make their deter- mination.
At Providence, Oct 25, 1798, the Commissioners made a re- port under their hands and seals. By this, after premising that they had been sworn impartially to examine and decide the ques- tion according to the evidence spread before them, to which, with the arguments of the agents they had attentively listened, they decided, that, ' the mouth of the river St. Croix is in Pas- ' samaquoddy bay, at a projection of land called Joe's point, ' about one mile northward from the northern part of St. An- ' drews' Island, and in the latitude of 45° 5' 5" north, and in the ' longitude of 67º 12' 30" west from London, and 3º 54' 15" ' east from Harvard College ;- " and that the course of the said " river, up from its said mouth, is northerly, to a point of land
* James Sullivan was the American agent.
+ L'Escarbot-3 Churchell's Voyages, p. 799 .- 1 Charlevoix's N. F. p. 179-80, (Paris Ed. 1744.]-1 Purchas' Pil. p. 751 .- Champlain, p. 42-4. Į See ante, A. D. 1604. § 1 Holmes' A. Ann. p. 149, notes.
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CHAP. XXII.]
" called the Devil's head ; then turning by the point, runs wester- A. D. 1798. " ly to where it divides into two streams, the one coming from " the westward and the other coming from the northward, hav- " ing the Indian name of Cheputnatecook ;" and thence up the ' same coming from the northward to its source, which is at a ' stake near a yellow birch tree, hooped with iron, and marked ' S. T. and I. H. 1797 ;'-the initials of the Surveyor's names, now called " THE MONUMENT." This report being rati- fied by the high disputants, established the easterly line of Maine, to that point, and greatly served to encourage settlements in this vicinity.
A town, the first one established contiguous to the Passama- Eight new quoddy waters, was incorporated the same year, by the name of ' Eastport,' as appropriate to its local situation and harbor. It stands in the order of town incorporations, in 1798, thus : WAYNE, " the 12th ; OTISFIELD, f the 19th ; EASTPORT, and
towns incor- porated.
* Wayne, (114th town,) of about 9,400 acres, was so named in memory of Anthony Wayne, an able General in the Revolution. The town had pre- viously been called Pochasset and New-Sandwich. It joins Lane's pond on the north, and is bounded westerly by Great Androscoggin pond .- The first settler was Job Fuller from Sandwich, (Mass.) who made im- provements in 1773. The title to the eastern part, near to Bear brook, is from the Plymouth proprietors ; the residue is from the State, through the proprietors of Fayette. In Great Androscoggin pond is an Island, in which there is a burying ground of the natives ; and in the north part of the town is Hutchinson's pond, 2 miles long by 3-4ths of a mile broad. It feeds '30 miles river.'-In this town and Livermore, there were, in 1790, 400 inhabitants .- MS. Let. of A. G. Chandler, Esq.
t Otisfield, (115th town,) had been a plantation of the same name, in which there were, in 1790, 197 inhabitants. A congregational church was gathered here in 1797, and Rev. Thomas Roby settled. He was dis- missed in 1811 ; and Rev. Josiah G. Merrill was ordained in 1814. It is separated from Harrison by Crooked river.
# Eastport, (116th town,) comprised at this time, Moose Island, Dudley's, Frederic, Burnt and Patmos Islands, and township Number Eight on the bay of Fundy. But when Lubec was incorporated, there was left to Eastport only the Islands. Of these, Moose Island is the chief, on which the village is situated. The Island itself contains about 2,150 acres, and constitutes 9-10ths of the present Eastport. Its length is 5 miles; and its breadth, from one mile to 1-8th of a mile. It was settled about 1780. Its growth was slow during the first ten years; for in 1790, there were in it and No. 8, only 244 inhabitants .- [See Lubec, incorporated June 21, 1811.]- Subsequent to the settlement of the eastern boundary by the Commis- sioners, the present town of Eastport has grown rapidly .- In 1820, there
580
THE HISTORY
[VOL. II.
A. D. 1798. CORNVILLE, " the 24th ; and PHILLIPSBURG or HOLLIS, j the 27th of February ; ANSON,t 1st of March ; and HARTFORD,§ and SUMNER,|| the 13th of June,-all of which were plantations.
War meas- ures.
The measures of the national administration were too strongly marked, the present year, to be passed unnoticed. To repel an apprehended invasion and resist aggression by sea and land, an army of 10,000, already raised, was augmented by the addition of 12 infantry regiments, and six troops of horse. Our naval armament, too, was put in requisition and enlarged, by taking into employ, ten additional gallies, I privateering was authorized,
were 125 dwellinghouses,-75 stores,-60 wharves,-3 meeting-houses,- one of which cost $10,500 ;- in 1818, a church was organized; and in 1820, Rev. Andrew Bigelow, an evangelist, dwelt at Eastport and preached to the people. A printing office here publishes a weekly news- paper ; and a post office was established in 1802. The first Representa- tive to the General Court, was Oliver Shead, Esq. 1807. On the Hill, stands the United States' Garrison .- [See vol. I, p. 85-6.]-Dudley's, or Allen's Island of 70 acres, and Frederic, or Rice's Island of 15 acres, lie between Eastport and Lubec ; the former being the northerly one .- MS. Let. of J. D. Weston, Esq. 1820.
* Cornville, (117th town,) was originally purchased of the State by Moses Bernard and others, and was called Bernardstown. The township was bounded southerly on the north line of the Plymouth patent; but when incorporated took a strip from it, of a mile and a half in width. The town contains 29,440 acres. By means of the Wessarunset, there are numerous mill privileges which are well improved. It is an excellent town for orchards, tillage, and corn, which gives name to the town. It was first inhabited in 1794 .- MS. Let. of George Bixby, Esq. 1820.
t Phillipsburg, (118th town,) on the western bank of the Saco, was pre- viously called Little Falls ; and in 1812, took the name of HOLLIS. The lands are holden under Indian purchases .- [See Sanford, A. D. 1768, and Parsonsfield, 1785.]-Population of Little Falls plantation, in 1790, was 607. Here was a truck house anciently, which stood 10 miles above Saco lower falls.
# Anson, (119th town,) was ' plantation No. one,' on the west side of Kennebeck river. It lics north of the Plymouth patent.
§ Hartford, (120th town,) was the plantation of East Butterfield. It lies on twenty mile river, and adjoins Buckfield.
| Sumner, (121st town,) so named in compliment to the Governor, was the plantation of West Butterfield. The name of a proprietor of this town and Hartford, was Butterfield. In the two plantations in 1790, there were 189 inhabitants. A church was gathered in 1802 ; and Hartford and Sum- ner, in Oct. 1812, settled Rev. Samuel Sewall .- Greenleaf's Sk. p. 189.
T Our navy was enlarged from three armed vessels to 42, carrying 950 guns ; and the army was augmented 28 regiments, the ensuing season, by the provisional enlistment.
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CHAP. XXII.]
and merchants' vessels were permitted to arm in self-defence, A. D. 1798. with license to make reprizals. For the purpose of defraying the extraordinary expenses incurred by these measures, a stamp- duty was imposed on parchment and paper, used in the ordinary transactions of business ;* a land tax of two millions, was laid A land tax and loan. upon the States ; and the President was authorized to borrow two millions more. All our treaties with France were declared by Congress, July 7th, to be no longer obligatory ; a Sedition Sedition and alien Law, so termed, was enacted, making it highly penal to defame laws. the administration ;+ also an Alien Bill was passed, which armed the President with power to order all foreigners out of the Unit- ed States, whom he might consider dangerous to the public in- terest and safety.}
To this whole system of policy, the Democrats, as a party, The whole were decidedly opposed. They became bold in the charge, that posed by the system op- Democrats. it originated in a desire to assure the favor of the English-not in the exigency of the times ; that if the neutrality first avowed by our government towards the nations at war, had been strictly and impartially pursued, an acceptable treaty might have been easily negociated with France, and all these hostile movements, expenses, obnoxious taxes and laws, and the increase of public burthens avoided. They contended, that the dictates of self- interest and every motive of sound policy, must render her averse to a war with America. In support of these doctrines, Envoys sent a fresh proposal of amity and intercourse was received from the to France. French Directory ; which being accepted by the President, he, with advice of the Cabinet, immediately appointed three envoys, and sent them thither, to negociate a settlement of difficulties ; professing, however, to suspect that the proposal was rather illu- sory than sincere. At this critical juncture, Capt. Truxton, com- Truxton's manding the frigate Constellation of 44 guns, captured the victory. French frigate Insurgente, of the same size, Feb. 10, off one of A. D. 1799. the West India Islands, after a most obstinate engagement. The Federalists considered this a glorious victory ; Congress presented him with a gold medal ; and the underwriters of Lloyd's Coffee- house in London, honored him with a silver urn, worth 600 guineas.
* This act came into operation, January 1, 1798.
+ Passed July 14, 1798. # Enacted June 25, 1798.
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THE HISTORY
[VOL. II.
A. D. 1799.
Collection districts.
To regulate " the collection of duties on imports and tonnage," the coasts and seaports of Maine were arranged anew,* and formed into ten districts, namely, 1st, York ; 2, Biddeford and Pepperelborough ; 3, Portland and Falmouth ; 4, Bath ; 5, Wiscasset ; 6, Waldoborough ; 7, Penobscot ; 8, Frenchman's Bay ; 9, Machias ; and 10, Passamaquoddy.+ Another act was passed the same day, March 2, to regulate the fees of the collec- tors, naval officers and surveyors.}
Kennebeck County es- tablished.
The northern part of Lincoln, Feb. 20, was erected into a new county by the name of KENNEBECK. Its southern tier of towns were Unity, Freedom, China, Windsor, Pittston, Gardiner, Monmouth and Greene ; having Hancock on the east, and Cum- berland on the west. The shire-town was Augusta ;§ where two terms of the Common Pleas and Sessions, and one term of the Supreme Judicial Court, were appointed by law to be holden annually.
North dis- trict of York.
The County of York was also divided crosswise along the Great Ossipee ; and all the inhabitants and territory north of that
* See ante, A. D. 1790.
t To each of those districts, there were annexed ports of delivery only, viz. to Ist district, Kittery and Berwick ; to the 2d, Scarborough, Wells, Kennebunk and Cape Porpoise ; to the 3d, North Yarmouth, Brunswick, Freeport, and Harpswell ; to the 4th, Pittston, Topsham, Georgetown and Brunswick ; to the 5th, Boothbay ; to the 6th, Bristol, Nobleborough, Warren, Thomaston, Cushing, Camden and Ducktrap; to the 7th, Frank- fort, Bluehill, Hampden, and Deer Island ; to Frenchman's bay, Union river ; and to the other two districts, there was no annexation.
# Fees to a collector for the entrance or clearance of a vessel of 100 tons and upwards, $2,50; and for the entrance or clearance of a vessel under 100 tons $1,50 ; a port entry, $2,00 ; a permit to land goods, 20 cents ; for a debenture or other official certificate, 20 cents; bill of health 20 cents ;- all to be equally divided between the Collector and Naval Officer. To each surveyor for admeasuring vessels of 100 tons, $1,00; exceeding 100 tons, $1,50; and his services on board of vessels laden with goods, $3,00 ; and an inspector, $2,00 per day.
§ The County officers were-
Joseph North, } of Augusta. Judge North, was, prior to this, a Daniel Cony, ' Judge upon the bench in Lincoln.
Judges of the Common Nathaniel Dummer, of Hallowell. Pleas. Chandler Robbins, of do. who was Register of Probate. James Bridge, Judge of Probate. John Davis, Clerk of the Courts, except the Sessions.
Barzillai Gannet, Clerk of the Sessions. Henry Sewall, Register of Deeds.
William Howard, County Treasurer. Arthur Lithgow, of Winslow, Sheriff.
CHAP. XXII.]
OF MAINE.
583
river, formed into a District, for the convenience of registering A. D. 1799. deeds ;- the office of which was to be kept at Fryeburgh. At this place, likewise, the Judge of Probate for the County was direct- ed to hold a court every year.
corporated.
LISBON, incorporated June 22, 1799, was the only town estab- Lisbon in- lished this year, being the 122d of the District. It was taken from the westerly part of Bowdoin ; and its corporate name, till changed February 20, 1802, was Thompsonborough.
To all these municipalities, being with the unorganized planta- Counties tions thus classed into six Counties,-we find there were added, between the present time and the Separation,-a period of twenty years inclusive, the number of 114 other corporate towns,-chief- ly from plantations :- a number too large and too rapidly multi- plying to admit of a topographical description in a History, or any other book than a Gazeteer .- Maine returned to the Leg- Senators islature, in 1799, six Senators and thirty-eight Representatives. sentatives. To this statement we may subjoin, that there were upwards of ninety settled and located ministers of the gospel,-a third part Ministers. of whom belonged to the Baptist denomination ; and all the oth- ers, except two of the Episcopalian and one of the Presbyterian orders, were Congregationalists. As to monied institutions, Port- Bank. land Bank* was established in June, of this year,-the first one in Maine.
and towns.
and Repre-
In the settlement of this eastern country, all the people found resident upon the lands of the State, were readily and happily quieted in the enjoyment of their possessory lots; the govern- ment granting them deeds upon the most liberal terms. But those settled upon proprietary patents or tracts, met with diffi- culty in effecting a fair adjustment of their claims, and obtaining deeds of their lots for the equitable considerations due .- Con- nected with this subject, were the disputes raised about the limits of several large tracts.t-To begin with the Plymouth Patent, Plymouth or Kennebeck Purchase, the Legislature proposed to release to patent. the claimants, a tract, 'fifteen miles in width on each side of the ' Kennebeck river, and from the northern line of Woolwich, on ' the east side, and the utmost limits of Cobbissecontee, on the west 'side of the river, extending to a boundary line drawn east and ' west, three miles directly north from the mouth of Wesserunset
* The capital stock was to be not less than 100, nor more than 300,000 dollars.
+ See vol. I, p. 236, 240, 573.
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THE HISTORY
[VOL. II.
A. D. 1799. ' river ;' provided the proprietors would release their claim to all exterior lands, and quiet settlers, resident within the boundaries mentioned. The proposal was accepted June 12, 1789, though it proved unfortunate to the settlers ;- for there was no provision made for quieting those resident within or upon the Patent so limited*, -an omission, which occasioned lamentable wrongs and difficulties.
To the Waldo proprietors, the Government, July 4, 1785, pro- tent survey- posed to survey a tract equal to thirty miles square, extending Waldo pa- ed. between the Penobscot and the Muscongus, from the seacoast, so far north as to embrace that quantity ; provided they would quiet all settlers found within its limits, who were in possession of their lots before April 19, 1775 ; and execute a release to all other lands claimed in virtue of the Patent .; They complied, and a survey was made, which extended northerly to the south line of Hampden, Dixmont, and Joy ; but inclined so far westwardly as to take in at its north-westerly corner, a triangle of several town- ships from the Plymouth patent. A re-survey was consequently ordered, February 23, 1798; and Thomas Davis was appointed agent by the government, to assign to the proprietors, above the north or head line of the former survey, a quantity of land equal to the interference. The result was, that four townships, now Bangor, Hampden, Newburg, and Hermon, excepting the set- tlers' lots, were assigned to them, February 5, 1800, to make up the deficiency.
A deficien- cy made good by most of 4 townships.
The Pejep- scot pur- chase.
But the limits and extent of the Pejepscot purchase were not so easily settled. The General Court, March 8, 1787, resolved, that the " Twenty-mile falls," being about 20 miles above those of Brunswick, ought to be considered the "Uppermost Great Falls" in Androscroggin river, referred to in the deed of July 7, 1684, from Werumboo and other Sagamores, to Wharton ; and that no lands be sold by the government's agents below the south line of Bakerstown, [Poland,] which angles on the falls, upon the
* See Resolve, Nov. 17, 1788 .- The Committee appointed by the State, to settle and give the quit-claim, were, Caleb Strong, Nathaniel Wells, Abel Wilder, Dummer Sewall, William Widgery, Larkin Thorndike, Israel Hutchinson, Thomas Ives, and Samuel Nasson .- See Resolve, June 12, 1789 ; also, February 12, 1796 .- Post, A. D. 1809.
+ Reserving, however, all such rights as had escheated and been confis- cated to the State .- See Stat. of September, 1778.
CHAP. XXII.]
OF MAINE.
585
western side ; nor on the eastern side below the south line of Port- A. D. 1799. Royal, [Livermore, ] which was five miles above the falls. Dissat- isfied with the extent or limits so proposed, the proprietors entered into a reference with the Attorney-General, by which the dispute, in 1798,* was submitted to Levi Lincoln, Samuel Dexter, jr. and Thomas Dwight. The Government was ready to comply with the award as soon as they made it, February 1, 1800 ;- provided the proprietors would assign to every settler within the purchase, 100 acres of land, as stipulated, so as best to include his improvements, and in consideration of so much money, and on such terms of payment, as Commissioners, t-appointed by the Executive, might judge reasonable. But the proprietors re- fused to abide by the award and terms ; and therefore the orig- inal inquest of office, instituted by the Commonwealth against Josiah Little, acting for them, was ordered by the General Court, Limits set- March 12, 1808, to be reviewed or revived. However, in 1814, tled. and not till then, the controversy was settled by means of that award, and of actions brought in the counties of Cumberland and Lincoln : and hence the tract or purchase was so limited and ex- tended, as to embrace Brunswick, Topsham, and the lands on the west side of the river Androscoggin, four miles in width, to said falls ; and four miles in width on the eastern side, to Leeds, inclusive.Į
At the spring election of this year, Governor Sumner was Death and chosen the third time, Chief Magistrate of the Commonwealth, by Gov. Sum- an increased majority. But he died June 7, aged 53, a very few ner. days after his election was officially announced. The chair, thus vacated, was filled by the Lieutenant-Governor, Moses Gill, who
character of
* See Resolves, June 29, 1798 .- June 7, 1799.
+ These Commissioners were Nathaniel Dummer, Ichabod Goodwin, and John Lord, Esq'rs. and they made the assignment and prescribed the terms of payment. About 20,000 acres were conveyed to settlers in virtue of the condition stipulated .- MIS. Letter of E. Little, Esq.
# More particularly, on the eastern side of the river, the Pejepscot pur- chase embraces Topsham, 4,000 acres at the south-west corner of Lisbon, all Lewiston, and Greene, and 3-4ths of Leeds, on the southerly side of the town .- On the western side of the river, the purchase embraces Bruns- wick, the greater part of Durham, and Danville, except a gore of 4,000 acres, the easterly part of Poland, and about 4 or 5,000 acres in the south- easterly part of Minot. The falls at Lewiston, were fixed upon as the Upper falls, referred to in the purchase .- See ante, A. D. 1757 .- MS. Let- ter of E. Little, Esq.
VOL. II.
74
586
THE HISTORY
[VOL. II.
A. D. 1799. had been lately elected, the seventh time to that office. On the 20th of May ensuing, he also deceased, and the executive trust devolved upon the Council. A chaste writer, who knew Gov- ernor Sumner well, says, " he was eminently fitted for the offices he sustained. To a sound understanding and extensive political and legal knowledge, he united engaging manners and habitual goodness .- Benevolent, upright, and unassuming, he was beloved as a man, revered as a magistrate, and his memory is blessed." He was born at Roxbury, November 27, 1746, and graduated at Harvard, in 1767 ; and his Biographer says, " he was mild, can- did, and remarkably free from any appearance of party-spirit. Soon after he commenced the practice of the law, he made a public profession of his belief in Christianity, and his life was exemplary."*
Death of Gen. Wash- ington.
Nor did the year close till it was rendered memorable, De- cember 14th, by the death of the great and beloved WASHING- TON,-a man first among the political fathers of the Republic, and first in the hearts of his countrymen. t
* Doct. Allen's Biog. p. 135-6 .- 1 Knapp's Biog. Sk. p. 79-106.
+ He was 68 years of age .- Hearing of General Washington's death, Bonaparte, First Consul of France, ordered black crape to be suspended on the flags and standards of the Republic; and Fontanes pronounced an oration in the temple of Mars, commemorative of the event .- Delaplain's Repository.
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CHAP. XXIII. ]
CHAPTER XXIII.
The bench of the Supreme Court enlarged-C. Strong chosen Gov. -Electors chosen-Opposition of the Democrats-Treaty with France-Federal Badge-Circuit Court of the United States- T. Jefferson, President-Six new towns incorporated-Public lands -Read and Coffin, agents-Retrenchment-Prosperity of the country-Merino sheep introduced-Ten new towns incorporated - Three new banks established-Laws regulating them-The Judiciary system reformed-Twenty-three new towns incorpor- ated-Orford County established-A democratic majority in the General Court-Cincinnati Society-Orono incorporated-An election law-Principles of free trade-British impressments- Articles not allowed to be imported from England-Outrage of Whitby-Attack of the Leopard upon the Chesapeake-Berlin and Milan decrecs-Orders in Council-General embargo laid by Congress.
EARLY in the year 1800, there were improvements attempted A. D. 1800. in the Supreme Judicatory system of the State. As the law re- The bench March 4. quired a majority of the Judges to be present in the trial of all Court en- of the S. J. causes, it was represented that they were unable fully to clear larged. the dockets in the different counties. Therefore the General Court, March 4, enlarged the bench from five to seven Judges ; authorized the appointment of a Solicitor-General ;* directed terms to be holden twice each year in every county of Maine, ex- cept Hancock and Washington, for which there was to be at Castine, only one term in a year; and arranged the Common- wealth into two Circuits, empowering any three judges to hold a Court. In this way there might be sessions at the same time in different counties.
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