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 62
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The classes of sufferers,
* Repealed, A. D. 1809, and revived, A. D. 1811.
t This Act did not in fact receive the Governor's signature, till March 2d, 1808 .- When it was revised by the Legislature of Maine, it was enlarged and improved.
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CHAP. XXIV.]
bargains never finished ; and not a few who had nothing to pay A. D. 1807. towards lots, took possession and commenced improvements, trusting to the chance of obtaining the lands at fair prices, when the rightful owners might appear. None were in a worse pre- dicament than the settlers between the Kennebeck and the Mus- congus, for their soil was claimed by several competitors, who were contending for the title among themselves. There were The argu- also rightful proprietors, who refused to give deeds to the settlers against the ments for fair considerations ; or perhaps, intending to make gains of their act. labor, permitted them to occupy without molestation, till near the time when the statute of limitations would bar their claims, and then ejected them by suits at law. Though they, by opening the wilderness and making improvements, enhanced the value of con- tiguous lands ; yet merciless proprietors sometimes treated them as malefactors, unprincipled trespassers and " squatters," a name by which they tauntingly called them, undeserving relief, or remun- eration for labor and improvements, so begun and prosecuted in their own wrong .* To provide a remedy for such a class of men, it was said by the opposition, would be enabling them to take ad- vantage of their own errors, and unconstitutionally deprive lawful owners of their rights, without their consent and without an equivalent.
But this doctrine was considered to be neither sound nor cor- rect. For though a mere trespass makes land worse,-actual settlement renders it better ; and especially when the possession was long continued, it implied the owner's consent. If, then, he and the settler had mutual interests in the same property, it was consistent with principles of the purest justice, to secure to each one his own rights. In all actions, therefore, instituted to recov- The pro- er lands holden six years or more, by possession or improvement, cess. the Betterment act humanely provided, that whenever the jury found for the demandant, they should at the tenant's request also ascertain the increased value of the premises at the time of the trial, in virtue of his buildings and improvements ; and like- wise, at the demandant's request, find the value of the land, were it then in a state of nature. The proprietor then had his choice, either to abandon the land to the tenant at the price set by the Jury, and receive the money within a twelvemonth, or to sue out a writ of possession at the end of the year :- Or, if he did
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A. D. 1807. not of record so abandon, he was bound to pay the tenant in one year the price of his improvements as appraised by the Jury, or lose the land.
The act a complete remedy.
The proprietors of large tracts were highly displeased with this law; and several entertained sanguine expectations, that the Su- preme Court would pronounce it unconstitutional. But they were altogether disappointed ; for the Court gave the provisions of it, both a liberal and effectual construction ; nay, few other acts of the Legislature were ever, in a given period, promotive of relief more salutary, or equity more reasonable .*
Eight towns in-
There were established in 1807, eight new towns, seven of corporated. which were incorporated the same month, namely, MONTVILLE, f the 18th ;- DENMARK; and PORTER, § the 20th ;- JEFFERSON, !!
* It has been said, that the remedy provided by this judicious statute, was originally suggested by Hon. William King, one of the Senators from Maine.
t Montville, (163d town, ) had been called Davistown. It contains about 20,200 acres. It was settled as early as 1780. " The people derive their titles to their lands from the 20 associates living in Boston." Here are six religious societies-2 Calvinistic and 4 Freewill Baptists ;- A Post-Office was established here in 1806. One of the first Representatives to the General Court was Cyrus Davis, Esq .- MS. Letter of C. Davis, Esq.
# Denmark, (164th town,) was formed from Brownfield and other tracts, being about six different grants in all, made to Fryeburg Academy and in- dividuals, by the State. The town was settled in 1788-9. Within it are two houses of public worship, for Calvinistic Baptists; whose Elders are Tristram Jordan, settled in 1804, and James Lord. In 1819, a Post- office was established here ; and the same year the town was represented in the General Court, by Elias Berry, Esq. 'Pleasant mountain" is in this town .- MS. Let. of Cyrus Ingalls, Esq.
§ Porter, (165th town,) was before called Porterfield. It was granted to Dr. Aaron Porter and others, in 1790. The village is on the banks of the Ossipee river. There are in town 9 mills and machines, and one distille- ry .- MS. Let. of James Coffin, Esq.
|| Jefferson, (166th town,) was previously the eastern part of the planta- tion of Ballstown .- [See Whitefield, 1809.]-It was settled in 1770, by John Ball. The difficulties between the settlers and proprietors, were adjusted by reference,-[See post, A. D. 1811.]-and titles obtained in 1814. The price paid by those who settled before 1784, was 13 cents per acre; those later, 30 cents. The religious sects are Baptists, Methodists, and Roman Catholics. There is a meeting-house at the head of Damariscotta pond; where Elder William Allen was settled in 1809. A Post-Office was estab- lished in 1814 .- MS. Let. of James Robinson, jr. and Jesse Rowell, Esqrs.
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the 24th ;- FRIENDSHIP, * the 25th ; HIRAM, t the 27th, and DIX- A. D. 1808. MONT, ¿ the 28th of February ; and PALMYRA, § the 20th of June. Three towns In 1808, there were three incorporated, viz. POWNAL, || the 3d, ed. incorporat- FREEMAN, T the 4th, and NEW-PORTLAND, ** the 9th of March.
A fourth division of militia was established this year in Maine, 4th Division being the eleventh in the Commonwealth, of which William King of Militia in Maine.
* Friendship, (167th town,) previously called Meduncook, was first settled about 1750-1. The town embraces 2 Islands-one 23 miles long, the other contains 85 acres ; the town comprizing on the main 7 or 8000 acres only. It is a part of the Waldo patent, and the title deeds were from Gen. Waldo. The inhabitants, in 1820, owned about 500 tons of shipping. Here is one meeting-house, and also a Calvinist baptist church, of 70 members. The first Representative to the General Court, was Benjamin Burton, (in 1811,) who had been imprisoned at 'Biguyduce with General Wadsworth in 1780. The town lies between the rivers Meduncook and Muscongus, and is accommodated with two good harbors .- MS. Let. of Melzar Thomas, Esq.
t Hiram, (168th town,) settled in 1780, was first a district, and made a town in 1814. The titles are derived from the Commonwealth, partly through General Wadsworth. The town was first represented in the General Court, in 1808, by Timothy Gibson; Post-Office established in 1802. Here is a cabinet factory worked by water power, where ten or twelve men are employed, who make " annually from 8 to 10,000 chairs ; 4 to 600 bedsteads,-besides large quantities of other work." Hiram was the last residence of General Wadsworth, who died there in 1830 .--- MS. Let. from Hiram; and plan.
# Dixmont, (169th town,) was a donation to Bowdoin College ; and hence called Collegetown. Dr. Blasdell purchased of the trustees 3,000 acres ; and Dr. Dix, for whom the town is named, the residue. The first settle- ment was in 1799. The town contains 23,040 acres, surveyed by Moses Hodsdon. Here a Post-Office was established in 1806 .- MS. Let. of Ben- jamin Butman, Esq.
§ Palmyra, (170th town,) No. 5 in 3d Range, was sold by the State to Mr. Barnard of New-Hampshire, for 12} cents per acre. He conveyed it to Dr. John Warren of Boston, whose wife gave it the name in memory of the ancient city. The first settler was Daniel Gale, who removed his fam- ily here in 1800. It was first called Sheppardstown ; and was surveyed in 1798, by Samuel Weston. Post-Office was established here in 1817 .- MS. Let. of Samuel Lancy, Esq. 1820.
|| Pownal, (171st town,) was taken from the north-west part of Free- port .- [See Freeport, A. D. 1789.]-Rev. Perez Chapin was ordained here in March, 1811.
T Freeman, (172d town,) was township No. 3, in 2d range, called Little river plantation ; embracing 17,000 acres.
** New-Portland, (173d town,) granted to the sufferers of Falmouth, by the enemy in 1775 ;- as was also Freeman.
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A. D. 1808. was chosen the Major-General. It embraced the two brigades in the county of Lincoln.
A majority of Federal- ists in each House.
Governor Sullivan's Governor Sullivan was re-elected in 1808, over Christopher last election Gore, by a smaller majority than he had the preceding year ; and and his speech. in both legislative branches, the Federalists had attained the ascendency. They placed around him a Council of their own "politics, and his political situation in the chair, was like that of Governor Strong in 1806. In his speech, he says-' the arrest ' of our navigation by the embargo, and the interruption of our ' trade, must produce great anxiety in all : but the Act is intend- ' ed as an expedient, both to save our immense navigation from the ' destruction which was then in wait for it, and to induce the 'nations with whom we have been in commerce, to leave our ' rights entire, and not involve our trade in the depredations of ' their wars.'-He died, Dec. 10, aged 64, greatly respected. He took an early and active part on the side of his country in the Revolution ; and in 1776, he was appointed a Judge of the Superior Court. In 1783, he was chosen a delegate to Con- gress, and the next year, one of the commissioners to adjust and settle the contested claims of Massachusetts and New-York, to the western lands. He was a member of the executive Council, and Judge of Probate for Suffolk, in 1787; and in 1790, was commissioned Attorney-General,-an office which he held till elected Governor .*
The death. of Gov. Sullivan.
A. D. 1809. C. Gore elected Governor. D. Cobb, Lt. Gov.
In 1809, CHRISTOPHER GORE, the federal candidate, was elected Governor by a plurality of 2,788 votes, over his rival Mr. Lincoln, Lieutenant Governor the two preceding years ; the office, to which General DAVID COBB was now elected, against
* Governor Sullivan was born at Berwick, April 22, 1744. His father, an emigrant from Ireland to this country in 1723, was a man of liberal ed- ucation. The son first settled at Georgetown, in the profession of the law ; then removed to Biddeford, where he resided till appointed Judge. He always retained a high regard for the interests of his native Maine; and his superior talents, his eminent legal attainments, and his political and general knowledge, gave him an elevated rank among the most able men. He published his " History of the District of Maine," in 1790; his " History of land-titles in Massachusetts," in 1801. He early made a pro- fession of christianity ;- and in a letter he says, ' I know this earth is the repository of pain and sorrow, but Jesus Christ is the great Physician, who mingles the draught, prescribes the regimen, and pours the balm of comfort on the wounded soul."-1 Knapp's Biog. Sk. p. 291-313 .- Doct. Allen's Biog. p. 533-5.
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CHAP. XXIV.]
Joseph B. Varnum ; and in both legislative branches there was a A. D. 1809. federal majority.
County es-
Immediately prior to the election, while Mr. Lincoln was in Somerset the chair, the COUNTY of SOMERSET was established, March 1, tablished. with corporate powers and full privileges, after the 1st of June ; Norridgewock being appointed its shire-town. It was taken ex- clusively from the northerly part of Kennebeck County ; and there were established within it, two annual terms of the Common Pleas,* and of the Sessions ; but whatever belonged to the juris- diction of the Supreme Judicial Court was to be tried at Augusta as before. The name evidently suggested itself from old Som- mersetshire in England, transferred to Maine in the days of Sir Ferdinando Gorges.
Exasperated towards the politics, the procedure and the men The acts for of the late democratic administration, the Federalists proceeded Courts of establishing without delay to reverse its measures and destroy its works ; and, and appoint- Sessions ; therefore, as early as June 19, in the first session, they abolished ing County- Attorneys repealed. the Courts of Sessions, and transferred their powers to the Judges of the Common Pleas, whose political sentiments were generally in unison with those of the Legislature. The next day, they repealed the act which authorized the Executive to appoint County-Attorneys. They moreover raised the salaries of the Judges ; and passed an act relating to town officers, which, how- ever, they repealed before it fully came into operation.
The towns incorporated in 1809, were SOLON,f Feb. 23d ; Five new WINDSOR, { [Malta,] the 3d, and JONESBOROUGH, § the 4th of porated.
towns incor-
* County officers : Bezer Bryant, of Anson, Bryce McLellan, of Canaan,
Justices of the Common Pleas.
Andrew Croswell, of Mercer, William Jones, Judge of Probate & Clerk of the Courts. Benjamin Sheppard, Register of Probate. Richard Sawtell, of Norridgewock, Sheriff.
t Solon, (174th town,) was settled in 1782-3, by some of the soldiers of the Revolution. Its plantation name was Spauldingtown ;- Thomas Spaulding being one of the grantees. A Post-Office was established here in 1818 .- MS. Letter of E. Coolidge, Esq.
# Windsor, (175th town,) incorporated Malta, had been previously call- ed New-Waterford. Its name has also been Gerry. The township is a part of the Plymouth patent. Here was a severe and long controversy between the proprietors and settlers .- See post, p. 613.
§ Jonesborough, (176th town,) lies west of Machias. It contains 48,160 acres granted to John C. Jones and others by the State, January 1, 1789.
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A. D. 1809. March ; CALAIS," the 16th, and WHITEFIELD, f the 19th of June. -Our political relations with England and France, appeared to admit of no improvement, which the good faith, forbearance and neutrality of our government could effect ; so long as each power continued to be manifestly determined to make the United States Confisca- tions by either its ally or foe. A year ago, Buonaparte had ordered the Buonaparte. vessels which the French had seized for some violation of his edicts, to be confiscated ; yet Congress passed an act to suspend Embargo continued as to Eng- land and France. the Embargo in relation to either power, that would relax its severities towards us. But as this accomplished nothing, that Body, still determined to avoid a war, if it were possible, inter- dicted, by statute of March 1, all commercial intercourse between the United States and both Great Britain and France, and their dependencies. By this, which was termed the non-intercourse law, the Embargo act, passed 14 months before, was so far re- pealed, as to permit the departure of our merchant-vessels with their cargoes, to all other countries than the two expressly men- tioned. An extensive commerce was soon opened between us and Holland, Spain, Italy, Naples and other European countries, though they were in a greater or less degree under the control or influence of the French ; and our coasting trade was entirely relieved from embarrassments,
Non-inter- course act.
Erskine's arrange- ment.
In the spring of the same year, (1809,) Mr. Erskine, the British minister, entered into an arrangement with our govern- ment, by which it was understood, that the Orders of Council were to be rescinded, so far as they related to the United States ; nevertheless, on his return home, the king, his master, declared
* Calais, (177th town,) or " No. 5" contains 19,392 acres, and was granted by the State, June 27, 1789, to Waterman Thomas. It is situated at the head of navigation on the Schoodic, or St. Croix.
t Whitefield, (178th town,) is the western part of the plantation of Balls- town ;- [See Jefferson, 1807,] so named in memory of the famous George Whitefield. It was settled iu 1770. Here is a meeting-house for Baptists, in the southerly part of the town, where Elder Joseph Baily was settled. The northern section of the town is settled principally by Irish emigrants, who have erected a Catholic Chapel, and enjoy the instructions of Rev. Dennis Ryan. The town was first represented in the General Court in 1819, by Elder Baily, Sheepscot river in this town affords many valuable sites for mills and machinery. Upon the falls are 9 saw mills and 4 grist mills, The Plymouth Proprietors claim the fee of the town, and the set- tlers have opposed them, The town contains about 29,000 acres. A Post Office was established here in 1807 .- MS. Let. of David Crowell, Esq.
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he had exceeded his instructions, and consequently refused to A. D. 1809. ratify the negociation. On the other hand, Buonaparte viewed Rejected. with supreme satisfaction every event and incident, which indi- Buona- parte's con- crees. cated a rupture between the two nations ; stating to the Russian duct and de- Emperor, that " the United States were on the worst terms with England ;" and expressing through his prime minister to our am- bassador in France, his ' great approbation of the course pursued ' by the government of the Republic towards the British.' Still nothing better than consummate intrigue lurked at bottom ; for, such was the base and vacillating policy of the man, that on the 23d of March, 1810, he issued his decree at Rambouillet, direct- ing that all American vessels and cargoes, met with, which had but entered the ports of France since the 20th of May, preceding, be seized and confiscated. This was avowedly a retaliatory edict against our non-intercourse law ; and its retrospective operation was a most flagrant violation of all principle. There was now on this side of the Atlantic, no longer any confidence in his honor or integrity .* All the honest politicians of both parties, after this, denounced him .- Meanwhile, the treatment we received from the Ill treatment English was of a similar character ;- one contemned our pro- from the received fessions of impartiality and plundered us of our property,-the Britfsh. other impressed and kidnapped our seamen, and shamefully in- sulted our flag. At this crisis, Mr. Jefferson, tired of public life, left the President's chair, March 3d, to Mr. Madison,-a states- Mr. Madi- man of the same politics, of exalted talents, and extensive politi- son Presi- cal knowledge.+ dent.
On the 8th day of September, an homicide was committed in Malta [now Windsor,] near the head-waters of the Sheepscot, which occasioned great excitement. The lands in that town and vicinity, which had been settled extensively and improved by the inhabitants many years, were claimed by proprietors and others under the Plymouth patent, who employed one Paul Chadwick to survey them.# Not knowing, probably, to whom the legal title in truth belonged, the settlers resolved to defend their possessions
Paul Chad- wick killed.
* Mr. Jefferson himself is known after this time, to have expressed great satisfaction in the success of the allies against Buonaparte.
t The Electors in this Commonwealth were chosen by the Legislature. For York County, Andrew P. Fernald ; Cumberland, Samuel Freeman ; Kennebeck, Samuel S. Wilde ; Lincoln, Jeremiah Bailey.
Į See ante, A. D. 1799.
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A. D. 1809. against all encroachments ; and hence a party of ten or twelve, disguised, and armed, endeavored to intimidate Chadwick and cause him to depart. But he disregarded their threats ; and they shot him. Languishing of his wounds, he survived till the next day and died.
Arrest of the supposed
Public ex- citement.
Immediately, seven of the supposed malefactors were arrested, murderers. and committed to Augusta gaol, on the charge of murder; and nothing had ever happened in the county, which excited equal perturbation. At times, there were circulated alarming reports, sufficiently authenticated to be believed, that a large number of men had been seen in the woods between Malta and Augusta village, all armed, and preparing to rescue the prisoners from their confinement. The people, especially those who lived in the immediate vicinity of the prison, were exceedingly agitated ; and the weak and timid had, in the light of their disordered im- agination, drawn a scene horrific with devouring flames, and the most dreadful forms of death and ruin. To allay the public fears and guard the place, Major-General Sewall of the eighth division, was requested by the Justices of the Common Pleas, and Sheriff, under the Statute, to detach a part of the militia, without loss of time. But he supposed the exigency would not justify the call, and a few only were employed as sentinels, pa- trols and videttes. At midnight, however, about the 1st of Oc- tober, 70 men or more, well armed-some being in disguise, ap- proached within 150 rods of the bridge, on the east side of the river, preceded by a spy, who came so near a few posted sentinels, that three of them seized him, and carried him 50 or 60 rods. An affray ensued, in which a party of 30 malcontents rushing forward, rescued the prisoner, and caught Major Weeks, one of the party, and hurried him away into the woods. Alarm guns were instantly fired by the others,-the court-house bell was rung,-and the streets, in a few moments, were full of people. The next day, General Sewall called out 300 men,-reduced afterwards to 100, whom he kept in arms till the excitement abated.
On the 16th of November, seven* were put to trial at the bar
* Their names, were David Lynn, Jabez Meigs, Elijah Barton, Prince Cain, Nathaniel Lynn, Ansel Meigs, and Adam Pitts. They were indict- ed at the October term, and tried at an adjourned term in November ;-
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OF MAINE.
of the Supreme Court, on an indictment for murder. Forty- A. D. 1809. four witnesses were examined, and the trial lasted ten days, in- Trial of the cluding two consumed by the Jury in their deliberations. But, prisoners.
astonishing as it appeared to those who listened attentively to the Their ac- quittal. whole testimony, the prisoners were, by verdict, all acquitted.
A few remarks of Judge Parker, in his charge to the Jury, Remarks of before they retired to their room, may with propriety, be here Judge Par- subjoined .- " In this free and happy country, where every man's ker. claims are to be decided by his peers and his neighbors, men of like passions and like interests with himself, and under laws of his own making, can there be any excuse for resorting to vio- lence ? Do not the most abject and miserable find countenance, support, and encouragement in the maintenance of their rights, when they claim it under the laws ?- Have not the Legislature done every thing within their constitutional power, to aid those who are supposed to have stronger claims upon humanity, than upon strict justice ? Why then do we hear of our citizens as- suming the garb of savages, and perpetrating acts, at which even savages would tremble ? To what will all this lead ? If men of similar interests, may combine, and by menaces and violence, de- prive their antagonists of the evidence, essential to the just de- termination of their disputes, or if men may with impunity, oppose the laws,-such system must go to the destruction of every man's comfort, security and happiness, as well as of the constitution and laws under which we live .- There have also been menaces, that the Courts of Justice will be stopped by violence ; and it is noto- rious, that assemblies of men have appeared, for the avowed object of rescuing the prisoners before trial. There is reason, likewise, to apprehend, in case of a conviction, that there will be similar attempts to prevent the execution of the law. But have not the prisoners had a fair, patient and impartial trial ?- It has occupied an unprecedented portion of time. Every indulgence to which they are lawfully entitled, have been cheerfully allowed them. They have had the best talents and the best efforts in their de- fence. If they are not proved to be guilty, though they them- selves may know they are not innocent, they will still be acquit-
the Solicitor-General, Daniel Davis, for the Commonwealth,-Prentiss Mellen, Samuel S. Wilde, Thomas Rice, and Philip Leach, for the prison- ers.
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A. D. 1809. ted, and allowed to return to their families and friends .- If they are convicted, the law must have its course .- Will this gov- ernment, abounding in loyal citizens, yield to the violence of a few deluded men ; and tamely see its authority defied, and its prisons violated, without stretching forth an arm to prevent its own overthrow ? Should its power be exerted, what must be the destiny of those wretched mistaken men ?- What, but either to be killed in battle, executed on a gallows, or fly from a land of freedom and security,-to seek a miserable shelter in some for- eign country. Their habitations will become desolate, and they will be fugitives on the face of the earth."*
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