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 61
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* This act was not in fact passed till March 15, 1805; and the reform commenced with the judicial year, or spring Circuit. The system still pre- vails, both in this State and Massachusetts.
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CHAP. XXIII.]
of the casks, and the prerequisites of exportation. As to mack- A. D. 1804. erel, in particular, all persons were forbidden to take them near the shores, between March and July, under considerable penal- ties.
But what exhibited the rising importance of Maine to the best
one towns incorporat-
Twenty- advantage, in the years 1803 & 4, was the establishment of twenty- one new towns. Those incorporated in 1803, were ST. GEORGE, * ed. the 7th, and GARDINER, f the 17th of February ; ATHENS,} the 7th of March ; HARMONY, § the 15th, TEMPLE, | ALBANY, T and
* St. George, (139th town,) was formed of that part of Cushing, which lies on the east side of St. Georges' river. [See Cushing, A. D. 1789.] The town of St. George was settled about A. D. 1751. It is bounded south and east on the sea, and contains 11,026 acres. It includes Metinic, El- well, and Georges' Islands. There is one meeting-house in town. The first minister was Elder Ephraim Hall; and his successor, Elder Benjamin Eames, both Calvinist Baptists. In this town is a social library of 220 volumes,-MS. Letter of Joel Miller, Esq.
t Gardiner, (140th town,) was taken from that part of Pittston, [See A. D. 1779,] which lies on the west side of the Kennebeck river. Its planta- tion name was called ' Cobbesse.' Between 1754 and. 1764, the Plymouth Company granted to Dr. Sylvester Gardiner, the most of the township ; and in 1760, he erected a mill on the river Cobbesseconte, and began a settlement. He died in 1786. Prior to his death, he built an Episcopal church, which was subsequently burnt by a maniac. When the proprie- tor, Robert H. Gardiner, Esq. came into possession, in 1803, there were not above 650 persons within its limits. At present, no town in the State can exhibit such a variety of mills, machinery, and other mechanical im- provements, as Gardiner. The pier, built at the mouth of the river, is 1,250 feet in length. Here is also a Bank with a capital of $100,000. The Episcopal house of public worship, dedicated in October, 1820, and called Christ's Church, is 96 feet by 78,-whose walls are 53 feet high. The edi- fice has an elegant spire ;- its style of architecture throughout, is purely Gothic :- and it is allowed to be one of the most beautiful buildings in New-England. The Rectors have been Rev. Henry Warren, James Pow- ers, Samuel Haskell, and Gideon W. Olney. The Gardiner Lyceum, which owes its origin to the enterprize of Mr. Gardiner, is a literary es- tablishment of celebrity .- MS. Letter of R. H. Gardiner, Esq.
# Athens, (141st town,) adjoins Solon, and is a good township.
§ Harmony, (142d town,) was originally granted to Hallowell Academy ; and purchased by Charles Vaughan. It was settled in 1796; and its name was Vaughan's town, till incorporated.
I Temple, (143d town,) had been called Abbotstown, or No. 1. Census in 1800, was 83 only.
I Albany, (144th town,) had been called Oxford plantation. Its settle- ment is recent, as it contained only 69 inhabitants in 1800.
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A. D. 1804. INDUSTRY,* the 20th ; RAYMOND, + SURRY, Į and DIXFIELD, § the 21st ; and WILTON,|| the 23d of June .- Those incorpor- ated in 1804, were ROME, T and MADISON, ** on the 7th, and ALBION, tf [Fairfax,] on the 9th of March ; UNITY, tt EMB- DEN, SS and MERCER, || on the 22d ; HOPE, TT PALERMO, ***
* Industry, (145th town,) was previously the plantation of the same name. A Congregational Church was gathered here in 1802.
+ Raymond, (146th town, ) was previously known by the same name. The first settler was Capt. Joseph Dingley, in 1771. It was incorporated by its present name in memory of Capt. William Raymond, who had the grant in 1767, for himself and company, in consideration of services in the Can- ada expedition under Sir W. Phips. Its contents are 36,000 acres. The town was first represented in the General Court, in 1810, by Samuel Leach. Post-office was established here in 1800. The oldest church is a Freewill Baptist, gathered in 1792. Its population in 1790, was 345 inhabitants .- MS. Let. of Zachariah Leach, Esq.
# Surry, (147th town,) was called No. 6. In 1790, it contained 239 in- habitants.
§ Dixfield, (148th town,) was granted originally to Jonathan Holman and others. It bounds on the Androscoggin to the south. Its inhabi- tants in 1800, were only 137.
| Wilton, (149th town,) was previously the plantation called Tyngstown. It adjoins Farmington. Its population in 1800, was 244 inhabitants.
T Rome, (150th town,) formerly West-pond plantation. It is separated from Dearborn by the pond. Census in 1800, 215 souls.
** Madison, (151st town,) embraces Bernard's township No. one, and " mile and a half strip." The township was sold in 1792, by Massachusetts, to Moses Bernard, Josiah Hilton, and Peter Sanborn. But it was settled by Jonathan Eames and others as early as 1780. Its name was taken in honor of James Madison. It contains 30,000 acres, including a large pond of 2,000 acres. The town was surveyed in 1791, by Samuel Weston. The town was first represented in the General Court, 1812, by Nathaniel Blackwell. It lies north of Norridgewock .- MS. Let. of John Neal, Esq. tt Albion, (152d town,) originally Fairfax, afterwards Lygonia, was, when a plantation, called Freetown, and in 1790, contained only 6 families.
## Unity, (153d town,) was previously called the plantation of twenty-five mile pond. Its population in 1790, was 264. The first settlement was in 1782. " Unison in political sentiment," we are told, was the circumstance which induced the name. The town contains about 21,000 acres. The land titles are derived fromn the Plymouth company. The town was first represented in the General Court, in 1809, by Frederick Stevens .- MS. Let. from Unity. A Church was first organized here in 1804.
§§ Embden, (154th town,) was township No. one,] in 2d range. Its cen- sus, in 1800, was 367.
fill Mercer, (155th town,) was a part of the plantation of Industry. Its census, in 1800, was 41 souls.
TT Hope, (156th town,) previously called the plantation of Barretstown. *** Palermo, (157th town,) had been called the Great pond settlement.
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EAST-ANDOVER,* [now Andover,] and GILEAD, t on the 23d A. D. 1805. of June.
In 1805, there were only two towns incorporated ; these were Harrison HARRISON, Į March 18th, and NEWRY, § June 15th. Indeed, at no and Newry previous period had there appeared such an ardor for corporate ed. incorporat- associations, as the present exhibited. Encouraged and animat- ed by the force and strength of numbers united, all the enter- prizes most difficult of accomplishment, such as bridges, turnpikes, canals and booms, were undertaken, through the medium of statute incorporations. As a spirit of adventure and risque, A spirit of risque and however, was in this way oftentimes emboldened, to attempt what adventure was inconsistent with the dictates of sound judgment ; the inev- manifest. itable consequences were not unfrequently losses and disappoint- ments of immense importance.
* East-Andover, (15Sth town,) derived its name from Andover, (Mass.) from whence 9-10ths of the first inhabitants emigrated. It was first set- tled in 1789, by Ezekiel Merrill, Esq. Since 1821, it is called Andover. Ellis river " intersects the town nearly in its centre." The town contains about 31,000 acres. The lands were granted by the General Court. There is one meeting-house ;- the first minister, settled in 1806, was Rev. John Strickland. The most noted mountains around this town, are Blue moun- tain and Bald Pate. The former rises to the north of the town from 2 to 3,000 feet in height. The latter lies farther to the west .- MS. Let. of John A. Poor, Esq.
t Gilead, (159th town,) was previously called Peabody's patent. It had two families in it, Aug. 4, 1781 ; but both the men were killed by the In- dians that day. Peabody was a principal proprietor. Wild river passes through the town .- MS. Let. of Abraham Burbank, Esq.
# Harrison, (160th town,) was formed of the north-westerly part of Otisfield, and the easterly part of Bridgeton. It lies between Crooked river and " Long Pond."
§ Newry, (161st town,) contains 26,000 acres. Its name is from Newry in Ireland,-whence several of the settlers emigrated. The plantation took its name from Mrs. Bostwick, through whom the people derive their title to their lands. The first settlement was commenced in 1781, by three brothers, whose names were Barker, from Methuen, ( Mass.) But they and their families were plundered in 1782, by Indians from Canada, and re- tired till the close of the war. The first sale by the land agents to Den- nis, after his assignment to Peabody, reverted to the State; and in 1794, John J. Holmes of New-Jersey purchased Newry; also Ketchem or Riley ; and " A. 2" or Holmes. He took the deed of Newry in his sister Bostwick's name. There are in this town some Catholics. One says "I " have travelled over a great part of Europe and of the United States, and " I believe the people here to be the most honest, industrious and sober " of any I ever met with .- MS. Let. of Luke Rieley, Esq.
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A. D. 1805.
Oxford County es- tablished.
As the increase of population and business required, an Act was passed, March 4, 1805, incorporating the northerly parts of York and Cumberland into a county, by the name of Ox- FORD; of which Paris was appointed to be the shire-town .* It was the seventh county in Maine. Two annual terms of the Common Pleas and Sessions were established here; but all causes and matters cognizable by the Supreme Court, were to be tried at Portland. The next year the same county was di- vided into two Districts for the Registry of Deeds, the eastern and western ;- Paris and Fryeburg, being the towns where the law required the offices to be kept.
A. D. 1806. Gov. Strong So severe was the contest between the political parties, in the re-elected. spring election of 1806, that though the whole number of votes given was never precisely ascertained, Governor Strong, it was certain, did not receive 2,000 more than his competitor, James Sul- livan, whose support was now much greater than in any preced- ing year. In canvassing the returns, the legislative committee found so great a number of scattering votes, that they would have been constrained to declare there was no choice by the peo- ple, had not a defect in the return from Lincolnville, enabled them to make a report more favorable to the election of Gov. Strong ; and hence, the Legislature declared him Governor.+ But General Heath, the democratic canditate, was elected Lieu- tenant-Governor, over Edward H. Robbins, by a plurality of cratic ma- more than 1,400 votes; and there was also a decided demo- A Demo- cratic majority in each branch of the Legislature ; though the members in the House were 481, ¿- a number greater by 133,
jority in ev- ery branch of govern- ment.
# County officers, Simon Frye of Fryeburgh, Luther Carey of Turner, Judges of the C. Pleas.
Samuel Parris of Hebron, Judah Dana of Fryeburgh, Judge of Probate.
Samuel A. Bradley, “ Register of Probate.
Cyrus Hamlin of Paris, Clerk of the Courts. David Learned of Livermore, Sheriff. John Bradley of Fryeburgh, { Registers of Deeds. and John Rust of Paris,
In 1805, the Courts were removed from New-Gloucester to Portland ; and in 1806, from Biddeford to Alfred.
t By one list, the whole number of votes was 72,784 ; another list made the aggregate 75,171. John Bacon was elected President of the Senate over H. G. Otis; and Perez Morton, Speaker over Timothy Bigelow. # Of these 115 were from Maine.
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CHAP. XXIII.]
than had at any time before constituted that body. The politics A. D. 1806. of the Council, were of the same character with those of the Senate and House, and of course at total variance with those of the Governor.
Among the latest acts of the Federal State Legislature, were Beds and three, passed March 13, which are worthy of particular notice. empted from
articles ex- One exempted from attachment and execution, a cow and swine attachment. of every debtor, and also his household furniture necessary for upholding life. Another prohibited under considerable penalties, Stage-plays all interludes, stage-plays and theatrical entertainments. The prohibited. third, was the incorporation of the Cincinnati Society in Massa- Society in- Cincinnati chusetts,-an association formed in 1783, by ' officers in the corporated. Massachusetts line of the Continental Army,' for the relief of indigent members, their widows and orphans.
One town, and only one, was incorporated the present year ;- Orono in- this was ORONO, March 12, previously called Stillwater. It is corporated. the 162d town in the State of Maine; taking its name from a distinguished Chief of the Tarratine Tribe, whose friendship to the cause of American liberties, gave him an elevated place in the public estimation .* It is an excellent township of land,-em- bracing Marsh Island, also Indian " Old-town," the village of the Tarratine Natives. Orono was settled in 1774, by Jeremiah Colbourn and Joshua Eayres-also John Marsh was on the Island soon afterwards. It is peculiar for its mill sites and water priv- ileges, which are extensively improved.
Though there were 118 acts passed during the present politi- An election cal year, that relating to Elections, was the only one which caused excitement. law causes excitement. To avoid a repetition of the lamentable confusion, which occurred at the last canvass of returns,-the act direct- ed the Secretary of State to keep all the returns of votes for Governor, Senators and Representatives to Congress, with the seals unbroken, till delivered to the two branches of government ; and required the selectmen to be upon oath ' faithfully and impartially ' to discharge their duties in all elections, and in the returns.' The bill was presented to the Governor for his signature, June 24, the day on which the General Court was adjourned to meet in January. On the second day after they re-assembled, the Governor returned the bill with his objections in writing; but
* Orono died, Feb. 5, 1801, aged 113 years. VOL. II. 76
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A. D. 1806. the House, January 22, resolved, that it had not been returned by the Governor within the time prescribed by the Constitution, and the bill became a law without the Governor's signature.
Since the flames of war had been re-kindled in Europe, there were some public measures and interesting events, which, though of national character, were of two much concern and import- ance to the people of Maine, to be passed without particular no- tice. Determined to be guided by maxims of the purest justice Commercial and soundest policy, the National Government had resolutely doctrine in States. the United supported the doctrine,-that free ships make free goods ;- that a neutral flag ought to protect from capture all it covered ;- and that the right of searching neutral vessels, was never allowed under any circumstances, by the Laws of Nations. But Great Britain and France, the two most prominent countries at war, were pursuing a policy calculated to destroy our neutral charac- ter ; each charging the United States with partialities to the British im- pressments. other, and treating our national flag with insult and abuse. The impressment of our seamen by the British, was cause of the Importation greatest complaint ;- and Congress, in April, prohibited the of some ar- ticles from England prohibited. importation into this country from Great Britain, of all paper, nails, hats and clothing ;- all beer, ale and porter ;- all woollen hosiery, glass, silver and plated wares, and in short, all articles manufactured of leather, silk, hemp, tin and brass. The British The out- rage of Capt. Whit- by. now became indisposed to repress resentments ; and in June, Whitby, Captain of the Leander, fired upon a coaster in the harbor of New-York, and killed Pierce, one of the seamen, as he was standing on deck. For this acknowledged insult and cruelty, Whitby was subsequently tried, but acquitted; and as a commentary upon the whole transaction, not to be misunder- stood, he was promoted to the command of a seventy-four. Finding the Republic only giving vent to complaints and cen- sures, without offering to avenge the affront, and acquainted with At' k of the British Leopard upon the the temper of the ministry at home, Captain Humphreys, of the frigate Leopard, carrying 50 guns, presumed to commit a most Chesapeak. flagrant outrage upon our national flag on the 22d of June, the ensuing year, (1807,) by firing upon the Chesapeak of 38 guns, off Virginia, commanded by Commodore Barron, killing 3 men, and wounding twenty others. Never had an affair happened in the American Republic, which occasioned a greater burst of pub-
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lic indignation. The British cabinet was execrated, and Barron A. D. 1806. was cashiered, because he did not repel the attack.
Meanwhile, Buonaparte, the imperial ruler of France, devis- Berlin and ing a new species of warfare, issued his celebrated ' Berlin de- crees.
Milan de- cree,' Nov. 1806, by which, he declared all the British Islands in a state of blockade ; and on the 17th of December, the suc- ceeding year, he promulgated his Milan decree, in which he pronounced every ship denationalized, and of course, lawful cap- ture, which should at any time, either submit to be searched by the English, pay them a tax or duty, or be found on a voyage to their dominions.
These edicts were either provoked or retaliated by British or- A. D. 1807. ders in Council, issued January 7, and Nov. 11, 1807, which British or- ders in
interdicted the trade of all neutrals, not in amity with Great Council. Britain ; and the British king, moreover, ordered his naval com- manders to seize his natural born subjects, in whatever foreign mand to
King's com-
seize his
wherever service they might be found. Thus the British impressment of subjects our seamen, whom it was difficult to distinguish from theirs, was found. virtually authorized by the aggressor, and the wrong which had been a grievance for many years, was basely and boldly repeat- ed-small regard being paid even to the most formal " protec- tions"* of our seamen.
To preserve our neutrality, the honor of our flag, and the General rights of sailors inviolate, in this complication of difficulties, Con- Dec. 22. embargo gress, Dec. 22, 1807, laid a general Embargo on all the ship- ping in the different ports and harbors of the United States. This policy, which has been denominated, the first part of the ' Restrictive System,' was not only opposed and derided by the Federalists ; but it was utterly condemned by them as ruinous to our national character, as well as to our commerce and shipping ; and designed to prevent the English from searching for their own seamen,-a right, the exercise of which, they never would surrender.
To no portion of the Union, was the preservation of 'Sailors' The mari- Rights,' viewed with more intense interest, than by our eastern Maine. ners of inhabitants. For we had a numerous body of seamen ;- the amount of our tonnage was altogether disproportionate to our
* Protections were certificates setting forth the birth place or citizen- ship of the possessor, signed by the Customhouse officers.
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THE HISTORY
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A. D. 1807. wealth, or even population ; and a large number of our seafaring men were believed to be then holden as impresses, or rather as slaves, on board the British ships of war. Still there was, on the part of the administration, a strong desire to ascertain the extent of the insult and the wrong, and to prevent or correct the evil, if possible, without a resort to arms. Or, if war were the only alternative, there might be allowed a monitory preparation for such an event, through an act of Congress, preservative of our immense shipping from capture or destruction,
P. S .- In August, 1807, died Edward Preble, aged 45, a naval officer of merit and eminence. He was born at Portland, in 1761, the son of Briga- dier Jedediah Preble. A mariner from his youth, he entered as a mid- shipman, under Capt. Williams, in 1779, and in a short time was promoted to a lieutenancy in a sloop of war, under Capt. Little, with whom he continued till the peace of 1783. Prior to this, he, with a few men, board- ed and captured a vessel of more than equal force, lying in the harbor of Penobscot, under a furious cannonade from the battery, and an incessant fire from the troops. In 1801, the command of the Essex frigate was given to him; and in 1803, he was appointed commodore of a squadron of seven sail to the Mediterranean, to humble the Tripolitans. By his wisdom and valor, peace was obtained on honorable terms. His good conduct extorted praise from the Bashaw of Tripoli, and even the Pope of Rome applaud- ed him .- Doct. Allen's Biog. p. 483.
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CHAPTER XXIV.
James Sullivan, Governor-Laws in relation to County-Attorneys- Courts of Sessions-Justices' jurisdiction enlarged-Jury Act- Betterment law-Eleven new towns incorporated-4th Division of eastern militia-Death of Gov. Sullivan-Election of C. Gore, Governor-Somerset county established-Acts repealed-Five new towns incorporated-Confiscations by Buonaparte-Embargo con- tinued as to England and France-Non-intercourse-Erskine's ar- rangement-Buonaparte's Rambouillet decree-J. Madison, Pres- ident-Chadwick's death, and trial of those who killed him-E. Gerry, Governor-Population and prosperity of Maine-Ten new towns incorporated-Statutes relative to religious freedom, Clerks of Courts, County-Attorneys, Circuit Courts of Common Pleas, Sheriff, County Treasurer, passed-Party-spirit-Ren- counter of the President and Little Belt-5th and 6th military Divisions in Maine-State Senators and Representatives to Con- gress, from Maine-Titles or claims to lands in Lincoln County examined, referred, and settled-Deeds given to the settlers-Gov. Strong re-elected-Six new Banks in Maine-Seven new towns incorporated.
WHEN the administration of this Commonwealth was organ- A. D. 1807. ized, in the spring of 1807, there was a decided Democratic or James Sulli- Republican majority in every branch. Mr. Sullivan was elected van elected Governor ; Governor, by a plurality of 2,730 votes, above the number given and each for Mr. Strong ; and so well united were the parties in their re- democratic. branch spective candidates, and such the zeal and spirit of the times, that, though nearly 82 thousand ballots were given at the polls, there were no more than 325 scattered. Levi Lincoln, late At- torney-General of the United States, was elected Lieutenant- Governor, Samuel Dana, President of the Senate, and Perez Morton, Speaker of the House.
The Governor, in his speech, approved of the President's poli- His Speech. cy. He said, ' it was through the wisdom, firmness, and modera- ' tion of his measures, under the favor of God,-we remain the " quiet spectators of those wasting wars, which the situation of 'European powers may have rendered expedient or necessary
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A. D. 1807. ' amongst them, but by which they are deluged in blood, and op- ' pressed with taxes.'-He soon interceded with President Jef- ferson to adopt measures for settling the northern and eastern boundary of Maine; determined to maintain the dignity and faith of the State, and exert himself " to strengthen and consoli- date the national union on the principles of National Govern- ment."
Legislative acts. He was an able and independent Chief Magistrate ; and there are several legislative acts, which characterize his administration too strongly to be passed unnoticed. One vested the appointment County-At- of County-Attorneys in the Governor and Council. They had torneys. hitherto been designated by the Court of Sessions, till the trials of petty offences were transferred to the Common Pleas,* and therewith this power as incident to their jurisdiction. Another Court of Sessions, established a Court of Sessions in each county, consisting of several Justices, not exceeding six, who were commissioned to do what the justices of the peace in the county collectively had heretofore done ;- the men selected to fill the offices in both classes being generally of Democratic principles. A third, en- larged the jurisdiction of justices of the peace, from $13 33 cts. to $20. A fourth, provided for the selection, draft and service A Jury-act. of Jurymen ;- a far more perfect act of legislation upon the subject, than had at any time appeared.
Jurisdiction of Justices of the Peace enlarged.
The better- ment act.
But what more eminently distinguished the administration of Governor Sullivan, was the 'Betterment Act,'t as it has been called, which was a remedial statute for the relief of ter-tenants, in possession of lands, converted by them from a state of nature to that of cultivation, who were nevertheless, not owners of the fee. Great numbers of our most enterprizing eastern inhabi- tants were in this condition, who had, by dint of industry and toil, changed tracts of wood or wild lands into farms, accommo- dated with dwellinghouses, out-buildings and the conveniences of life. Some had made purchases of men who had no title; some occupied where there fathers had, supposing the title-deeds were destroyed by time, or accident, or by the savages in the Indian wars ; some entered under verbal licenses, or in virtue of
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