The history of the state of Maine; from its first discovery, A. D. 1602, to the separation, A. D. 1820, inclusive, Vol. II, Part 70

Author: Williamson, William Durkee, 1779-1846
Publication date: 1832
Publisher: Hallowell, Glazier Masters & co.
Number of Pages: 724


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 70


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Public debt.


It will be readily recollected, as previously stated, that the cir- ey. culating medium of the country was gold and silver,* computed in sterling value, as the manner of reckoning, till the famous Can- ada expedition and conquest of Nova-Scotia, A. D. 1690 ; when bills of credit were first issued. The sums emitted within the subsequent 60 years, were immense; and in 1712 they were made a tender. But as all these had depreciated in value, till they were of inconsiderable worth ; a new emission was issued in 1742, promising three ounces of silver, or an equivalent in gold, for every 20s. in the bills. Yet both the old and new tenor, was soon of the same depreciated value; so that £2,000,000 curren- cy in 1750, were paid off and redeemed with £234,000, name- ly, £184,000 sterling, received from England, as reimbursement money towards the expenses of the Louisbourg expedition, and an auxiliary tax of £50,000 imposed on purpose, to complete the redemption of all the bills in circulation ; they being redeem- ed at 50s. of the bills, per one ounce of silver, that is, at 6s. 8d. Large emissions were again made by the General Court during the Revolution, which were redeemed under an act of 1781, at the rate of 4 dollars in the bills for one in specie. The mintage


Paper mon-


*But the amount in circulation was small. Even in England, A. D. 1606, there were only 4 million pounds sterling, of gold and silver, in cir- culation-less than 18 millions of dollars .- 4 Hume, p. 187.


686


THE HISTORY


[VOL. 11.


to 1820.


A. D 1623, of paper money then ceased, and a solid specie-circulation was the current medium for about 30 years; since which, the coun- try has been filled with another species of paper money,-being the bills of corporate Banks .*


Coins.


In short, a legislative act was passed, March 31, 1750, by which all subsequent contracts were to be discharged and paid at the rate of 3oz. in silver for 20s. " lawful money," and nothing less : -an act which changed the nominal value of a Spanish mill'd dollar, for instance, from 4s. 6d. sterling, to 6s. an established " lawful" value .¡ The coins then in circulation, were the Se- ville, Pillar, and Mexico, pieces of eight, weighing 172 penny- weights, and worth by tale, 6s. lawful money ; the Rix dollars, Peru pieces of eight, Ducatoons of Flanders, French Louis, Portugal crusadoes, three-gilder pieces of Holland, and other foreign coins of silver, passed according to their weight and fine- ness. These were followed by pistereens, 5 of which passed for a dollar ; French crowns, worth 6s. 8d., and at last Spanish milled dollars, coined in Spanish America.


Education.


Education has been esteemed by every age since the country was settled, as the guardian spirit of civil and religious liberty, and the main supporter of a republican government. At a very early period it was enjoined upon parents by law, that their chil- dren be taught " perfectly to read the English tongue ;" and be acquainted with ' the scriptures and principal laws.' By an ordi- nance of 1647, all towns were required to support free and com- mon schools ; and also grammar-schools, when the towns were so large as to contain 100 families. These rudimental semina- ries were put upon the most judicious foundation. They were open to every description of youth and children ;- all being equals, and all aiming to distinguish themselves by motives of merit. So highly popular has been the school-system at all times, that government and the best of men have always taken the utmost pains to promote and improve it. Every town has been divided into a suitable number of school-districts, usually from six to ten, in all of which, as it was estimated at the time of Separation, there were more than a thousand school-houses ;


* Bank capital in Maine, 1820, $1,770,000.


f In 1700, an ounce of silver was worth 10s., in 1710, 8s .; in 1720, 128. 4d. ; in 1730, 20s. 6d., in 1740, 26s. 6d. ; in 1750, 45s .- 50s. currency ;- and from 1760 to 1775, 6s. 8d. lawful money.


687


OF MAINE.


CHAP. XXVIII.]


and the expenditure every year, exceeded $130,000, raised by A. D. 1623, towns for the purpose. There were also at the same period, 24 to 1820. incorporated Academies ; that of Portland, established in 1784, being the oldest. But though these have had the special patron- age of government and of generous individuals, they have been represented by experienced and judicious men, not to compare in point of usefulness with grammar schools in towns, where there are fewer obstacles in the way of those possessing talents, of an emulation to excel, and a taste for literature.


The course of education, common, academical, and classical, Studies and has within half a century, been essentially improved. To the the Arts. elementary branches, reading, writing, and arithmetic, anciently and uniformly taught in our town-schools, have been added Eng- lish grammer and geography. Even geometry, trigonometry, surveying and navigation are now not uncommon studies-as they are important to a people inhabiting a new country, or dwelling contiguous to navigable waters. In the classics, the dead languages, Hebrew and Greek, have within a few years gradually given place to a more thorough study of our vernacu- lar tongue, and some other living languages, and also of rhetoric, history and philosophy, natural, mental, and moral. Our gradu- ates are now more accomplished writers, than in the former age ; yet it must be confessed, there is at present, less taste for the beauties of style and the culture of the fine arts, than for dis- tinctions in politics and eminence in business. By introducing into this country the musical gamut, within the last century,* there has been a regular progression of improvement in sacred music, till it is now performed in many places, with a correctness, accentuation and melody, unknown to the first settlers in the country. Martial music also, aided especially by a variety of ingenious instruments, has within a few years, acquired singular celebrity.t But Church Organs and even Pianos, were rare instruments, till within a short period prior to the Separation.


There are two species of instruction, now advanced beyond a


Sabbath schools.


* Singing by note is said to have been introduced in Boston, between 1717 and 1724 .- 4 Mass. His. Soc. new series, p. 301.


t Formerly the fife and drum for foot companies, and the trumpet for the cavalry, were the instruments of martial music. But in later years there have been introduced the bass-drum, bassoon, clarionet, hautboy, French horn and bugle.


-


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[VOL. II.


A D). 1623, state of experiment, which well deserve to he mentioned ;- one to 1820.


is the Sabbath-schools, which were established in England, about 1780, also in Philadelphia, about 1811, and have since spread over the United States ; there being a large number in Maine, which have been highly efficient among the youth of both sexes in the diffusion of scriptural knowledge, and the culture of moral Lancastrian sense. The other is the Lancastrian system, introduced several system. years later, which is in progress, and has its advocates and its foes.


Learned Professions.


Men of collegiate education usually select one of the learned professions, Divinity, Law, or Physic, for the employment of life.


Theology.


In Theology, the student's term of study is two years, if he belong either to the congregational, baptist, presbyterian, or epis- copalian denominations of christians ; whose ministers are gener- ally clergymen of liberal education, and sometimes of profound science and extensive professional learning. Among other sec- taries, no period of scholarship is prescribed; and some are licensed and enter into clerical orders, with quite a limited knowl- edge of the sciences .*


Law.


The profession of Law, became a more eminent employment, and its practitioners, by degrees, a more distinguished order of men, subsequent to the revision of the Statute-laws and establish- ment of the Courts, under the Provincial charter. Previously, there was no great regard paid to legal forms of process ; the parties spoke for themselves, or employed their friends to state their case ; and clergymen were sometimes consulted, even as depositaries of the law. There were attorneys in Massachusetts, as early as 1654; some of whom practised before the General Court, which exercised judicial as well as legislative powers ; and therefore a common attorney was prohibited, in 1663, to set in that body .- Yet Randolph, in a letter from Boston, dated January, 1687, says, we have but two lawyers. There was no change in professional practice, till 1701.+ Forms of writs were then es-


* In 1770, there were only 35 settled ministers in Maine ; all of whom, except four, were congregationalists, viz. John Wiswell of Falmouth, and Jacob Baily of Pownalborough, who were episcopalians ;- Thomas Pierce of Scarborough, and John Murray of Boothbay, who were presbyterians.


t See 1 Knapp's Biog. Sk. &c. " Introduction," p. 9-35 .- The first 70 years of our history passed away " producing but few, if any distinguished Lawyers. But by degrees, it was discovered, that men of intellectual and professional talents, were necessary in Courts of Justice, to manage the business of suitors with regularity and success.


689


OF MAINE.


CHAP. XXVIII.]


tablished,-Courts were empowered to make rules for the regu- A. D. 1623, lation of business,-and an oath was prescribed to attorneys .* to 1820.


But in 1714, two, and no more, were allowed to be employed in one cause, and no one on the offer of 12s. fees, might, without sufficient reasons, decline. There were in 1768, six, t and yet in 1790, only eleven barristers and practising attorneys in Maine ; though the number of lawyers had, in 1820, increased to two hundred and seventeen. When the order of Barristers was estab- lished in this country, it is not precisely known ; though it is cer- tain the older and more learned practitioners at the bar, were all called by that appellation many years before the Revolution ; and the Supreme Court of Judicature were authorized by a Statute of 1782, to confer this degree at discretion.# The next


Prior to the Provincial charter, the practice was very informal. " Ac- tions of the case," were brought to recover possession of lands; and other essential forms were disregarded; " wholly occasioned by the want of learning and skill in those who introduced them-and of their indistinct notions of the law."-Stearns on Real Actions, note .A. p. 491, 503 .- The profession of law is ancient in England. Attorneys in that country were made such, by a patent from the Crown before A. D. 1285; when the courts were ordered to admit any one, the party chose, to manage his cause. Afterwards, A. D. 1403, the Courts were enjoined to examine the candidates, and even the attorneys; and to reject or remove such as were unlearned or unskilful ; and swear the rest to be faithful. In 1730, the term of study or clerkship was set in that country, at five years ; and is now pursued at the inns of Courts. In Spain it is pursued in Colleges :- in France the profession is a sort of knighthood :- and in both countries the lawyers wear a costume .- In Germany and Poland the civil law is the basis of legal proceedings ; and almost every thing is done in writing. -- In Russia. the civil law is also the basis of all law, and the practitioners are mostly Germans .- Address of William Sullivan, LL. D. p. 12 to 20. -North American Review, July, 1823.


t These were William Cushing and James Sullivan of Pownalborough; David Sewall and Caleb Emery of York ; Theophilus Bradbury and David Wyer of Falmouth .- In 1780-1, there were only five, John Frothingham of Falmouth ; Caleb Emery of York ; Roland Cushing, Timothy Langdon and William Lithgow of Pownalborough. In 1790, the only barrister in Maine was John Gardiner of Pownalborough.


# Immediately after the adoption of the State Constitution, the Supreme Judicial Court, in Feb. 1781, established a rule, that whereas learning in the law, when duly encouraged and rightly directed, may be peculiarly promotive of private justice and public good ; and the Court being ready to bestow peculiar marks of approbation upon the gentlemen of the bar distinguished for legal science, honor and integrity, do order, " that no gentleman shall be called to the degree of Barrister, till he shall merit the


VOL. II. 87


690


THE HISTORY


[VOL. II.


A. D. 1623, year, the precept and form of calling them to the bar for the pur- to 1823.


pose, were prescribed by that Court, and they were ordered to " take rank according to the date of their respective writs." But no barristers have been called since 1784; Parsons and Sedg- wick being the last of that order, who have had a seat on the supreme bench. The division into Counsellors and Attorneys, was established in 1806 ; when it was ordered by the Court, that those persons only, should be candidates for examination and admission to the bar as attorneys, who had, ' besides a good ' school education, devoted seven years to literary acquisitions, ' and three of them in the office of a barrister or counsellor ;' and when they have practised two years as attorneys they may be admitted Counsellors, whose privilege it is, both to manage and argue causes.


Jurists.


Under the Provincial charter, a period of eighty-nine years, there were commissioned to the bench of the Supreme Court thirty-seven Judges, seven or eight of whom were taken from the bar ;- being eminent ornaments of their profession, who had made great and successful efforts to reform and improve the Ju- dicial system, and who were succeeded under the Constitution, by none other than lawyers, till the Separation. "There are many persons, who remember the scarlet robes, with deep facings and cuffs of black velvet, which were worn by the Judges ; their bands and their powdered wigs, adorned with black silk bags; and their black silk gowns, worn in summer. It it probable this costume, was assumed, when the Judges were first appointed un- der the charter by royal authority-in imitation of the king's Judges at home. Certain it was worn long before the Revolu- tion, and resumed soon after its close. The Judges wore black silk gowns, at the funeral of Governor Hancock, Oct. 1793 ;- the last time they appeared in that costume. Probably it did not


same by his conspicuous learning, ability, and honesty,"-and then, by the mere motion of the Court .-- Prec. Declaration, p. 566-8 .- There were, A. D. 1820, about 6,000 lawyers in the United States :- in New-Hampshire, 204; in Maine, 217 ; in Massachusetts, 521 ; in Rhode-Island, 50; in Con- necticut, 273 ; in Vermont, 220 ; in New-York, 1,381 ; in New-Jersey, 134; in Pennsylvania, 417; in Delaware, 32; in Maryland, 175; in Virginia, 483; in Georgia, 157; and other States in proportion ;- giving a result of one to 1,500 inhabitants.


CHAP. XXVIII. ]


OF MAINE.


691


suit the simplicity of our form of government. Also barristers A. D. 1623, wore black silk gowns, bands and bags."* to 1820.


The profession of physic is noticed by a law as early as 1649 ; Physic and when chirurgeons, midwives, and physicians were forbidden to surgery. try any unusual experiment upon their patients, in a manner con- trary to the known approved rules of the art," without the advice of others well skilled in their occupation, if obtainable,-otherwise of persons, " the wisest and gravest then present." The usual period of a student's study is two years ; but there was no law to regulate the practice of physic and surgery, till those of February 19, 1818, and 1819, which declared, that if any person should commence the practice within the State without a license or medical degree, from some College, or the Massachusetts or other Medical Society, he should not have the aid of law, to collect any thing for his professional services. The same has been adopted by Maine. Since the year 1820, Medical Lectures have been delivered at Bowdoin College ; doctorates conferred ; and a Medical Society for the State established.


A people's Religion forms one of its distinguishing traits of character. In this State, every person has an inviolable right to worship God according to the dictates as well of choice as of conscience ; and sectaries, whose controversies have stained European Histories with blood, are all equally under the protec- tion of our Constitution and laws.t There are nine Christian denominations in this State, of whose comparative numbers, ec- clesiastical polity, and clerical orders, it cannot be improper to take a cursory view.#


Religion


* Mr. Sullivan, p. 34-6, 47. The urbanity of the Court and Bar towards each other underwent an unhappy change during the Revolution; and the extreme austerity of the former and needless acumen of the latter, con- tinued till Judge Sedgwick ascended the bench .- The business and profits, incident to the profession of the law, are generally the greatest in com- mercial communities. Between January 1, 1820, and January 1, 1821, the whole number of " new entries" of actions and cases on the dockets of the Common Pleas, in the nine Counties of Maine, were 7,792; viz. 7,610 civil, 182 criminal entries.


t But Catholics or papists were not allowed equal protection and rights with other sects, under either of the charters, nor yet under the Common- wealth; for the oath of allegiance excluded all foreign and of course papal power; and towns were required to support " Protestant teachers of re- ligion." Now by the Constitution of Maine, there is no preference nor distinction.


¿ See ante, this vol. p. 275-9.


692


THE HISTORY


[VOL. II.


A. D. 1623, to 1820.


Catholics.


The antiquity of the Catholics in Christendom, renders it proper to take the first view of that sect. There are in Maine about 500 of them, who are formed into two societies, one at Newcastle and the other at Whitefield. Seven families from Ireland associated in 1798, at the former place, who gradually increased in numbers and wealth; and in 1807, the Society erected a neat and convenient Chapel of brick, near Damariscotta upper bridge. The Chapel at Whitefield, constructed of wooden materials, is equally handsome, if not so large; and in the one or the other, the Catholics, who are considerably dispersed in the County of Lincoln, attend public worship, especially on festival and special occasions. Their priest is Rev. Dennis Ryan from Ireland, ordained in 1818, by Bishop Cheverus. The natives are of the same religious persuasion, in whose conversion, Father Ralle and other French missionaries have bestowed immense la- bor. Rev. James R. Romaigne, a French Friar, had the pasto- ral charge of the tribes at Penobscot and Passamaquoddy, during a period of more than twenty years before the Separation ; re- ceiving for his services a pecuniary stipend from Massachusetts.


The Catholics of Maine acknowledge the supremacy of the Pope, and form a part of the eastern Diocess, or Bishopric ; the whole United States having been by him on the 8th of April, 1808, erected into an ecclesiastical Province, and divided and formed into an Archbishopric, and four Bishoprics, in which he has appointed and consecrated prelates. The first Bishop of the eastern Diocess was the Right Rev. JOHN CHEVERUS,* whose see was at Boston. The Catholic order of priesthood under the Pope, in a descending series, embraces Archbishops and Bishops, denominated prelates ;- priests, deacons, and sub-deacons. The priests below prelatical authority, baptize, solemnize marriages, administer communion, and hear confessions ; and those who have officiated in Maine since the Revolution, have generally been in priests' orders.t


* This devout Prelate was born in France, A. D. 1768 ; ordained priest, 1790 ; and consecrated bishop, Nov. 1, 1810, by the most Rev. Archbishop Carroll, of Baltimore, (Md.) Bishop Cheverus has lately returned to France and is a cardinal.


1 MS. Let. of Bishop Cheverus, A. D. 1820 .- Archbishop Carroll was consecrated Bishop of Baltimore, over all the Catholics of the United States, in 1790. The Pope appoints the Bishops, but they may afterwards, con-


693


CHAP. XXVIII.] OF MAINE.


There are three Episcopal churches and parishes in this State . A. D. 1623, -these are at Portland, Gardiner, and Saco. The peculiar ' to 1820. patronage extended to this religious denomination by Sir Ferdi- lians. Episcopa- nando Gorges and Sir Alexander Rigby, was the efficient means, by which an episcopal society was formed, at an early period, in the vicinity of Falmouth. It was revived and established at Portland, A. D. 1763, when Rev. John Wiswell, admitted to holy orders in England, returned ; and he and his parishioners adopted the liturgy of the parent church. Here a handsome brick edifice has been erected. Another, founded at Gardiner, under the auspices of Dr. Gardiner, in 1771, was completed after his death, in 1786, by his Executors. The present elegant church, built of granite, after the Gothic order, is executed in a style superior perhaps to any edifice in the diocess. Though there was a colonial law passed, A. D. 1651, against the cele- bration of Christmas, and an intolerant spirit was manifest towards the Book of the Common Prayer; the opposition in Massachusetts was never armed with the persecuting sword ; and by the Provincial charter, protestantism of every order, was put equally under the protection of government. The whole of New-England, except Connecticut, is embraced by ' the Eastern Diocess of the Protestant Episcopal Church ;' yet nine officiating presbyters, or priests, in any number of States, or six in any one State, may, if they choose, elect a Bishop and become a diocess. The orders of the Episcopal clergy in this country are three, Bishops, Priests, or Presbyters, and Deacons; the two former may administer the Lord's supper, and all three may solemnize marriages and administer baptism. The Bishop, assisted by the priests of his diocess, has the sole authority of ordaining, conse- crating and confirming priests and deacons, though the priests can embody churches. Also, any priest may be instituted and inducted into the office of parish-rector, or established presbyter,


secrate other bishops, who have the sole power of ordination. An Eccle- siastic when he takes the vow of celibacy, becomes a sub-deacon ; but be- fore he can be ordained a priest, or consecrated a bishop, he must have passed through all the inferior degres. The prerequisites to church-mem- bership are,-a confession of sin to the bishop or priest,-profession of the catholic faith,-and baptism. The infants of unbaptised parents are some- times baptised ; and the catholic priests solemnize all Indian marriages .- Rev. Mr. Romagni or Romaigne.


694


THE HISTORY


[VOL. II.


A. D. 1623, provided he produces in his favor the church-wardens' certifi- to 1820.


cate .*


Presbyteri- ans.


There are at present a very few presbyterians in this State. The first church in New-England, of this denomination, was gath- ered at Londonderry, New-Hampshire, A. D. 1719, by the Rev. James McGregorie, a protestant minister from Ireland. In the same place, a presbytery was established, as early as A. D. 1745, which embraced the presbyterians of Maine. Thirty years afterwards, it was divided into three presbyteries ; and these formed themselves into a paramount body, denominated " the Synod of New-England."+ But it deteriorated till 1782, when it again became a single body, by the name of 'the Salem Presbytery.' Its last meeting was at Gray, in this State, Sept. 14, 1791 ; and though there have been presbyterian churches established at Georgetown, Newcastle, Brunswick, Boothbay, Bristol, Topsham, Warren, Gray, Scarborough, Windham, Tur- ner, and Canaan, they have lost their sectarian character, and become congregational ; the two agreeing well in all the doc- trines of faith and practice.


There are four ecclesiastical bodies in the polity of this de- nomination. The first and lowest is the Church-session, which consists of the minister and twelve select members, denominated ruling elders or deacons. These examine candidates for church- membership, or the 'sealing ordinances,' and admit or reject them, and also decide all questions of discipline, not extending


* But no one can have deacon's orders till he is 21, nor priest's, till he is 24, and has been one year a deacon ; nor be consecrated a bishop, till he is 30. The prerequisites to church-membership are sound faith, sincere piety, and baptism .- In the Episcopal polity, the highest tribunal is the General Convention, which meets on the 3d Tuesday of May triennially, and consists of two branches. In the Upper House sit the Bishops only, who are in all, six,-distributed through the United States ; the Lower House is constituted of a representation, consisting of four clerical and four lay deputies, from each diocesan or State Convention. This latter is formed by the meeting of the clergy in any diocess, and of one or more lay-delegates from each parish; who meet annually, and have power to choose delegates to the General Convention ;- also to determine all ecclesiastical matters and questions which come before them. In 1808, there were in New- England, 1 Bishop, 65 Episcopal churches, and 48 presbyters ;- in the residue of the United States, 173 churches, and 77 priests .- See the Con- stitution and 45 Canons of American Episcopal Church .- MS. Let. of Right Rev. Bishop Griswold. t Greenleaf's Ecclesiastical Sk. p. 266.




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