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 69
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72
At this juncture, obstacles were thrown in the way of our In- Maine ad- dependence, which were wholly unexpected. The admission of the Union. Maine and Missouri into the Union, were both under discus- sion in Congress at the same time. The advocates of the latter, wishing to carry it through the Legislature, without any restric- tive clause against slavery, put both into a bill together,-deter- mining each should share the same fate. The friends of Maine were ready to submit to any restrictions touching slavery, which might be imposed ; and considered the connexion of the two- a masterpiece of legislative finesse, deserving the obloquy of all fair-minded men. Several days the subject was debated, and sent from one branch to the other in Congress, till the first of March, when to our joy, they were divorced ; and on the 3d of the month, an act was passed, by which Maine was declared to be, from and after the 15th of that month, one of the United States of America, admitted in all respects whatever, on an equal footing with the original States. Another act assigned to Maine seven Representatives to Congress ; and subsequently, an order placed this State at the head of the list, in the morning-call of the Speaker for petitions by States.
By the new Constitution, all the votes for Governor, Senators, Meeting of and Representatives, were to be given, this single year, on the Legislature. the new first Monday of April ;- but ever afterwards on the second Mon- day of September. Likewise the Legislature was first to con- vene on the last Wednesday of May, and continue in power till the 1st Wednesday of January, 1822; and each subsequent Legislature was to convene at the same time, in every year.
Assembling at Portland, May 31st, the two branches found, May 31. that WILLIAM KING was elected Governor, without opposition. Governor
mitted into
W. King,
676
THE HISTORY
[VOL. 11.
A. D. 1820. He was a native of Scarborough in this State, a gentleman of abilities, independent manners, and democratic sentiments. Sev- eral years, he had been a Senator in the General Court of the parent State, and President of both Conventions, on the subject The Senate. of Separation .- The Senate elected JOHN CHANDLER, Presi- dent. Being chosen shortly afterwards a Senator in Congress, he was succeeded in the chair, by WILLIAM MOODY, a Senator from York County ; who was, however, in a few days, appointed Sheriff of his County, when William D. Williamson succeeded The House. him .- The Representatives returned to the House were 143; and they elected BENJAMIN AMES, their Speaker; a gentleman who had been County-Attorney of Lincoln; a . Judge of the Common Pleas in the second Eastern Circuit ; and a Represen- tative from Bath to the General Court of Massachusetts .- In Convention the two Houses elected into the Executive Council, The Coun- cil. THOMAS FILLEBROWN, WILLIAM WEBBER, MARK HARRIS, ABI- EL WOOD, WILLIAM C. WHITNEY, ISAAC LANE and WILLIAM
* The whole Senate, by Counties, consisted of the following members,-
York County, *William Moody, Both subsequently Sheriffs of their
Josiah W. Seaver. County. John McDonald, Major-General of the militia.
Cumberland, Joseph E. Foxcroft, previously and subsequently Sheriff of his County.
Lincoln,
Barret Potter, previously a member of the Executive Council, afterwards Judge of Probate of his County. *Jonathan Page. Erastus Foote, afterwards Attorney-General. Nathaniel Greene, since Register of Deeds, Lincoln County. Daniel Rose, subsequently President of the Senate, and Commissioner of the land-office. *George Ulmer, previously Sheriff of Hancock, and Major-General of the militia. Andrew Witham, a Senator in subsequent years. Jeremiah O'Brien, subsequently member of Congress. *John Chandler, previously a member of Congress.
Hancock,
Washington, Kennebeck,
*Joshua Gage, previously a Representative in Congress, Timothy Boutelle, previously an elector of President and Vice-President.
Oxford, *Samuel Small. James W. Ripley, since a member of Congress.
Somerset, *John Moore, William Kendall.
Penobscot, *William D. Williamson.
'Those of this (*) mark had been previously members of the Senate in the Legislature of Massachusetts
CHAP. XXVII.]
OF MAINE.
677
EMERSON .- Ashur Ware was chosen Secretary of State ; and A. D. 1820. Joseph C. Boyd, Treasurer .- JOHN HOLMES of Alfred, and Other offi- JOHN CHANDLER of Monmouth, were elected Senators in Con- cers. gress, for the new State .- Upon the bench of the Supreme Ju- Judge of diciary, PRENTISS MELLEN was appointed Chief Justice ; and preme Judi- the Su- WILLIAM P. PREBLE and NATHAN WESTON, associate Judges ;* cial Courts. -Erastus Foote, Attorney General ; and Simon Greenleaf, Re- porter of Decisions.
Among the first duties of the Legislature, after organizing, one State Scal. was to agree upon the emblematical devices suitable to be inscrib- ed upon the Great Seal of the State. As the moose, and the mast pine, were considered as the princes of nature in our forest, -the local situation of Maine as a northern star in the constella- tion of States,-an anchor and a scythe as figurative of our com- mercial and agricultural enterprize ;- all these were adopted either into the shield or the ensigns. t But owing to the hasty call for a metalic stamp, through a necessity of immediately using it, no part of it was very ingeniously wrought or executed; and hence people of taste and judgment have not been altogether pleased with the devices, or emblems.
On the recommendation of the Governor, in his address to the Revision of Legislature, it was resolved to revise the whole code of Statute- laws. the Statute law, without delay ; and therefore the Judges of the Supreme Court were appointed " a Board of Jurisprudence to arrange the " acts for the purpose." In legislation, there was some innova- tion upon the usages of Massachusetts. One was to send messa- ges from one branch to the other, by their respective clerks, in- stead of members. Another was to engross bills on thick linen Alterations paper instead of parchment, and bind the sheets into folio volumes laws. of several with running indices. All the statutes underwent during the second or winter-session, a thorough and careful revision ; and some of them were essentially altered and improved. For in- stance, more ample provision was made for the Education of youth in Common Schools; each town being required to raise a sum in school-money, equal to 40 cents a person by the next
* Mr. Mellen was a distinguished lawyer, had been a member of the Ex- ecutive Council of the Commonwealth, and was senator in Congress, at the time of the Separation. Mr. Preble was at that time District Attor- ney for Maine. Mr. Weston was Chief Justice of the 2d Eastern Circuit of the Common Pleas.
t See Resolve June, 1820.
678
THE HISTORY
[VOL. II.
A. I). 1820. preceding census. The Selectmen, Clerk, and Treasurer were constituted a board to grant Licenses in their towns ; which had been previously done by the Court of Sessions. The limitation of Real Actions was shortened generally ten years ; so that no one can maintain an action of entry upon his own seizin after 20 years, nor a writ of right after 30 years, next before the test of the writ. To the claimants for betterments, more liberal terms and conditions were granted. Clergymen were no longer allowed to solemnize marriages without being commissioned by the Gov- ernor, and taking the suppletory oath, faithfully to discharge the trust. Previously, that service had been oftentimes performed by men unauthorized ; and thereby the validity of marriages ren- dered doubtful. A Parish Act was passed by which any num- ber of persons associating, were empowered to incorporate them- selves into a religious society, without a legislative charter. There were penal prohibitions against the sale of all lottery tick- ets-unless the class was granted by our Legislature; and also against all peddling, except that of tin ware by license of the Court of Sessions.
The Joint
of the two States.
The joint Commission, prescribed by the act of Separation, Commission was filled thus ;- Massachusetts appointed Timothy Bigelow and Levi Lincoln ; Maine, Benjamin Porter and James Bridge ; and these four chose Silas Holman and Lathrop Lewis, to complete the Board .* To negociate with Massachusetts, if possible, a purchase of all her lands in Maine, the three Commissioners of Maine, joined by Daniel Rose of the Senate and Nicholas Emery of the House, proceeded to Boston in February, (1821 ;) where they were met by a Committee of the same number on the part of Massachusetts. A discussion of many days succeeded ; and at length, it was agreed that Maine should give Massachusetts for her part of the public lands in this State, $180,000 ; that is, dis- charge Massachusetts from all Indian claims and subsidies, equal to $30,000, and pay her $150,000 in 40 years, with annual in- terest at five per centum. All bonds, contracts and mortgages relating to the public lands, were also to be transferred to Maine ; in consideration of which, the latter was to pay all monies due
* Bigelow of Groton, Lincoln of Worcester, and Holman of Bolton ;- Porter of Topsham, Bridge of Augusta, and Lewis of Gorham.
i
679
OF MAINE.
CHAr . AXVII. ]
pensioners resident in this State .* But neither of the State Leg- A. D. 1820. islatures would ratify the agreement ; and therefore the Board of Joint Commissioners proceeded in due time, to perform the re- sponsible duties devolving upon them.
It may be worthy of remark, that during the primary political Changes in the Gover- year, a period of 17 months, all the constitutional provisions for nor's Chair. filling the Executive chair, were called for and improved. In about a year, Gov. King was appointed a Commissioner under the Spanish treaty, and left the office to Mr. Williamson, the President of the Senate, who being elected, six months after- wards, a member of Congress, surrendered the trust to Mr. Ames, Speaker of the House. The President of the Senate, in the next Legislature, was Mr. Rose, who assumed the executive chair a day, till Gov. Parris was inducted into office by taking the requisite oaths.
* These bonds and instruments amounted to $18,186, and were estimated to be worth $12,240 .- In calculating the value of Public Lands in Maine, the items of estimate stood thus :---
A lot of land in Portland,
3 acres, at cost,
Lands in Lubec,
9,000
"
at 20 cts. per acre,
$1,500 1,800
"
Ellsworth,
13,000
25
3,250
"
Orangetown (Whit'g) 6,000
20
"
1,200
"
No. 23 near Machias, 11,000
19
10
"
1,100
"
Surry,
6,000
25
"
1,500
Reserved Lands,
53,320
"
25
"
13,330
Indian Lands,
120,000
15
"
18.000
Unlocated Lands,
8,000,000
"
4
320,000
Total,
8,218,320
$361,680
One half is
180,840
According to the detailed Report, exhibited to the General Court, Feb. 1, 1820, by the Commissioners of the Land Office, ' the lands conveyed to ' Colleges, Academies, purchasers and settlers, from the first establishinent ' of the Land Office department, about 1783 to 1820,' amounted in the ag- gregate to 5,465,075 acres.
Lands within the same period, granted but not located, 250,420
Lands under contract since the re-establishment of the Land Office, in 1816,
3,301
Sales grants and bargains to sell, 5,723,796 acres. Note .- The proceeds of the sales, (exclusive of lands given away) and inclusive of the Lottery townships, then amounted to f212,987 4s. 2d. con- solidated securities, equal to $94,149,34
Proceeds of other sales, if nothing be deducted for salaries, bad debts, &c. 92,174,97
$186,324,31
N. B .- The " reserved lands," above mentioned, were principally lots reserved for the future disposition of government, in the grants of town- ships ; including probably parts of the nine Indian townships on the Pe- nobscot river.
680
THE HISTORY
EVOL. II.
SUPPLEMENTAL.
CHAPTER XXVIII.
Maine-Its periods of History-Its Government-Militia-Ex- penditures-Revenue-Public debt-Paper money-Coins -- Ed- ucation-The learned professions-Religious denominations- Catholics-Episcopalians-Presbyterians-Congregationalists- Baptists-Methodists-Quakers-Universalists-Shakers -- Em- ployments-Shipping-Exports-Imports-Agriculture-Manu- factures-Institutions -- Contrast of the past with the present times.
A. D. 1623, to 1820.
State of Maine.
IN every community, the form and features of government, its military and fiscal system ; the education, religion, employments, institutions, and domestic life of the people, are obviously the lights or shades, that give it character. As we are about to take a cursory view of these subjects in relation to this State, it is well to premise, that the periods into which its history is manifestly divided, and to which there may be occasional allusions in the subsequent remarks, are three, first, from the earliest settlements to 1691 ; second, during the Provincial Charter ; and third, from the establishment of the State Constitution, to the time of Sepa- ration.
Periods of its History.
Its govern- ment.
This eastern country, during the first period, was perpetually subject to political changes, or revolutions ; owing to a succession of different claimants and the zeal of bold competitors. United by no common bond, the parts afforded each other no considera- ble aid, and presented few allurements to attract the accession of numbers. It is true that the charter of Gorges was a model, and the system of rules and regulations which he prescribed, appear- ed to advantage,-especially as they were in practice modified and assimilated to the colonial usages and legal prescripts, adopted by Massachusetts. Yet the connexion of Maine with that Colony was anomulous ; its condition dependent ; and its want of a stable and uniform administration of government, was never obviated, till
681
OF MAINE.
CHAP. XXVIII.]
both were united by the Charter of William and Mary. The A. D. 1623, government, however, was in fact more arbitrary in the second to 1320. than in the first period ; nor were the partitions between the Leg- islative, Executive and Judiciary departments well defined, nor the barriers of civil liberty well established, till symmetry was given to the whole system by the Constitution of the Commonwealth.
The Militia has always been considered by our wisest men to Militia. be the best defence of a Republic. For it had uniformly em- braced all able-bodied citizens between 16 and 60, with the ex- ception of a few public officers, till Congress, A. D. 1792, re- stricted the number to those between 18 and 45 years ;- a body that must necessarily feel the greatest possible interest in the pre- servation and defence of the country. Originally, when firearms were scarce and expensive, the militia-men, not exceeding one third part of the company, were permitted to arm themselves " with a good pike, well headed-corslet, headpiece, and sword;" and youth between 10 and 16, were required by act of the Leg- islature, A. D. 1645, to exercise with small guns, half-pikes, bows and arrows, on the usual days of training. These days, before the Provincial charter, were six, afterwards, four in a year. The soldiers of a town during the first historic period formed a company, and nominated their officers, whom the County-Court had authority to accept or reject. The soldiery of a county constituted a regiment, which was commanded by a sargeant- Major, chosen by the freemen in town-meetings; and the whole body of Militia was under a Major-General, annually elected by the General Court. But as every royal Governor was, by the charter, Captain-General of the Militia; he himself formed the companies, classed them into regiments and those into brigades, -appointed and commissioned all the militia officers. Noth- ing could be considered by our democratic citizens to be more arbitrary ; and therefore the constitution gave to the several or- ders, or grades of the Militia, the choice of their own officers ; only the Major-Generals of Divisions were to be chosen by the Legislature. Before and after the Provincial charter, the regi- ments were to be mustered triennially, and the first time that of Yorkshire met, of which we have any record, was in 1674 .*
* The population of Maine in 1820, was 298,335; and of the militia there were then six Divisions, and, in all, 30,905 men on the muster-rolls. VOL. II. 86
682
THE HISTORY
LVOL. II.
A. D. 1623, to 1820.
Public ex- penditures.
Next, the charges or expenses of government form an highly interesting subject of consideration ; and these consist of state, county, and town expenditures .- The items of state or pub- lic charge are several. The members of the Legislature have at all periods received a mileage for their travel, and a daily pay for their services .* The Governor, Judges of the Supreme Court, Secretary of State, Treasurer, and Attorney-General, have im- memorially been remunerated for their services from the public chest. Under the charter they had annual stipends granted them ; and under the constitution, they had stated salaries. Subsidies and gifts to the Indians have for a series of years, cost the gov- ernment large sums. The support of poor persons, who had no legal settlement within the Commonwealth, called State-paupers, has been another heavy charge upon the public funds. It was a humane provision-but became so shamefully abused by fraudu- lent practices, that the State of Maine, has determined never to feed them from the public crib ; requiring towns, where they fall into want or distress, to relieve or maintain them. To these may be added the public expenses of trying criminals and supporting convicts.+
County charges.
Another class of the public expenditures consists of the Coun- ty charges. These are, Ist, for the erection and repairs of a court-house, gaol, and fire-proof offices for the Clerk of the Courts, and the Registers of Probate and of Deeds :- 2d, the mileage and day-pay of the Jurymen attending the Courts :- 3d, the salaries of the Judge and Register of Probate :- and 4th, the expense of supporting certain prisoners in gaol. The super- intendance of these expenditures belongs to the jurisdiction of the several Courts of Sessions. From 1692 to March 7, 1826, the Judges and Registers of Probate were paid for their services by the fees of office ; subsequently by salaries .- Our County of- ficers are eleven, the Justices of the Sessions, who are paid $3 by the day, out of the County treasury, for the number of days
* Prior to 1692, and afterwards for several years, the pay of a Repre- sentative was3s. by the day. It was increased in 1720, to 4s. ; and owing to the depreciated value of paper money, it was increased to 12s. ; 20s. ; and in 1748, to 30s. per day. After the constitution, it was $2,00 per day. as it still is.
t The Judges of the Common Pleas were paid by fees of office, till Feb. 8, 1822 ; when salaries of $1,200 each, were established for them.
CHAP. XXVIII.]
OF MAINE.
683
they sit ; the Judge and Register of Probate ; the Sheriff ; Clerk A. D. 1623, of the Courts ; County Treasurer ; Register of Deeds ; County to 1820. Attorney ; Justices of the Peace ; Coroners ; and gaolers ;- all of whom are appointed and commissioned by the Executive of the State, except the Treasurer, who is elected every year, and the Register of Deeds, who is elected once in five years, by the people of the County ; and the gaoler who is appointed by the Sheriff. Till 1715, deeds were recorded by the Clerk of the Shire. There were Justices of the Peace under the govern- ment of Gorges, but none under that of Massachusetts, till the appointment of them for an unlimited time, or during good be- haviour, was authorized by the Provincial charter :- but by the constitution, they were commissioned only for the term of seven years.
Towns are corporate communities, whose inhabitants when con- Town vened, are denominated " the primary assemblies" of the people. They are required by law to support schools ; to repair high- ways ; to relieve or maintain paupers ; and to remunerate sev- eral town officers ;* the taxes in a single year, amounting fre- qnently to $2 for every taxable poll in town, and one per cent. of the taxable property. Parishes are also corporate bodies, em- powered to build meeting-houses, and support the ministry.
The Revenue, or money needed to meet these expenditures, Revenue. has been raised mostly by direct taxation, ever since the first set- tlement of the country. For the purpose of apportioning to the different towns, their respective parts of a public or general and singlet tax, equal to the usual charges or expenses of govern- ment ; all the rateable property has been inventoried, and the tax-
* There are in each town about 20 town officers, viz .- 1. Selectmen, or ' fathers of the town ;'-officers as old as 1634; 2, town-clerk ; 3, treasurer, first chosen, A. D. 1699; 4, assessors of taxes ; 5, overseers of the poor; 6, school committee; 7, constables ; 8, collectors of taxes; 9, highway sur- veyors ; 10, health officers ; 11, fence-viewers ; 12, surveyors of lumber ; 13, field-drivers ; 14, pound-keepers ; 15, sealers of weights and measures ; 16, measurers of fuel ; 17, inspectors of lime, where lime is burned ; 18, cullers of fish ; 19, tythingmen ; 20 hog-reeves; and to these there may be added auctioneers, appointed by the selectmen.
{ If a " single" tax was inadequate to the public exigency ; it was in- creased upon the polls and estate, a fourth, half, or double : but before the charter of William and Mary, the tax on Maine was paid into its own treas- ury. The first valuation found on record, was in the year 1631.
charges.
684
THE HISTORY
[VOL. II.
A. D. 1623. able polls enumerated by the assessors in each town, about once to 1820. in seven years ; when a capitation tax for the use of the govern- ment, of twenty pence, equal to 37 cents, has been laid upon each male person of sixteen years and upwards in every town, except ministers of the gospel, the aged poor, and a few others ; and the residue distributively laid or apportioned upon the towns, accord- ing to their septennial valuation, or aggregate inventories of estate, real and personal. But it has been found, in the course of 175 years, that taxable property has increased in a much greater ratio than taxable polls ; and therefore the capitation tax has been les- sened from time to time, though the sum levied has been enlarg- ed. For instance, it was 28 cents in 1795; 27 in 1800; and in 1806, the Legislature declared the polls should never pay more than a third part of the State tax. Nay, in 1814, though the State tax, as usual, exceeded 33 thousand dollars, the poll tax was reduced to 14 cents ; and in 1819, the General Court en- acted, that it should not exceed a sixth part of the whole State tax. Within the last half century, a tax-act has been passed an- nually ; and every tax, whether county, town, or parish, is asses- sed upon the polls and estates in the same ratio as the State tax is.
Taxation.
As to taxation ;- besides the periodical or septennial State val- uation, there are taken every year on the first day of May, a new census of taxable polls, and a new inventory of rateable estate, for the purpose of assessing the year's taxes upon individuals ;* all property in general being taxable, except sheep, household furniture, wearing apparel, farming utensils, tools of mechanics, pews and property belonging to literary and charitable institutions. Unimproved real estate, however, from an early period of settle- ment, was taxed only at a third part of its worth-upon the prin- ciple, that income was the object of taxation ; but the constitu- tion of Maine has abolished the distinction. In the actual assess- ment, the sum is set in bills, to each townsman, what he is to pay on his poll and on his estate, and gathered by the collector.
Public in- come, other There are also some other sources of revenue. One is the than taxes, proceeds of public lands sold and conveyed ; which began to accrue at the close of the revolutionary war, and amounted at the
*In 1820, there were in Maine, 59,606 taxable polls, and 21 millions of dollars rateable property, as returned to the Legislature by the Assessors. The tax was $50,000, of which the polls, at 17cts. each, paid $10,133, and the estates $39,867.
CHAP. XXVIII.
OF MAINE.
685
time of Separation, to the nominal sum of $186,324. Another A. D. 1623, consists of escheats and confiscations. These, during the same to 1820. war, amounted to large sums :- subsequently escheats have been few ; for one who has property seldom dies without either will or heirs. Fines and forfeitures to the Commonwealth, in criminal and penal cases, are also a source of some revenue : But one of the largest is the annual tax to government of one per cent. on the capital stock of every bank in the State-an expedient which commenced A. D. 1812, and is still pursued.
The Province and Commonwealth were at different periods, deeply in debt. But though they owed between four and five millions of dollars currency, at the close of the Revolutionary war, the debt was reduced to $56,000 in 1807, and afterwards still lower ; until the last war swelled it to more than a million. It was however mostly paid before the Separation ; and hence, if the United States assume it, as expected, one third of the money will belong to Maine.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.