USA > Maine > Cumberland County > Windham > Windham in the past > Part 13
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WINDHAM IN THE PAST
lot he so draws, and at the expiration of three years from the date hereof upon performance of the conditions hereinafter mentioned. That each and every one of the above named per- sons, his or their Heirs, Executors and Administrators shall have a good warranty deed from the said Proprietors, of the lott he draws as aforesaid, To have and to hold the same to him or them and his or their Heirs forever. And in case any of the above mentioned persons fail in the performance of the condi- tions hereinafter mentioned it shall not prejudice any of them that do not, and all that do not with respect to their particular lott shall have the benefit of this agreement. And in considera- tion of the premises the above named Benjamin, Jos., Nathaniel, John, Joshua, Charles, Benjamin, John, Jethrow, Daniel, William and Joseph, Each of them for himself his heirs Executors and Administrators, Covenant, agrees and promises to and with the Proprietors aforesaid, by their Committee aforesaid, That he or they his heirs Executors or Administrators, shall and will within the space of thirty days after it shall be laid out and divided by lott as aforesaid, enter upon the lott which falleth to him, and within three years from the date hereof elear seven acres of his said lott, build a house of seven- teen feet square at least and settle a family upon it. And each of the above named twelve persons doth further covenant as aforesaid with the Proprietors as aforesaid to pay for his lott of land that falleth to him by lot as aforesaid: One hundred dollars in one year from the date hereof without interest, or if he do not pay at or before the expiration of said year he will allow interest for that sum until he does pay it.
"And in witness of the above written agreement the Pro- prietors aforesaid by their committee aforesaid as also the above named Benjamin. Joseph, Nathaniel, John, Joshua, Charles, Benjamin, John, Jethrow, Daniel, William and Joseph, and each of them for himself, his heirs, Executors and Administrators, have hereunto interehangably sett their hands and seals the Day and Year above written.
"Sign'd Seeal'd and Deliv'd in the presence of Joseph Noyes, Tho. Smith, Jun.
BENJAMIN WAIT, [SEAL]
JOSEPH NOYES, [SEAL ]
NATHANIEL CRUDDIFORD, [SEAL]
his
JOHN X CROCKET, [SEAL]
mark
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
"Sign'd Seal'd and Deliv'd by Benj. Moody in the presence of John Hig- ginson, Edmund Kimball.
JOSHUA CROCKET, [SEAL ]
CHARLES LORD, [SEAL]
BENJAMIN MOODY, [SEAL]
JOHN MILLER, [SEAL]
his
JETHROW X STARBORD, [SEAL ]
mark
WILLIAM STINCHFIELD, [SEAL ]
his
DANIEL X CROCKET, [SEAL ]
mark
JOSEPH STANHOPE,
[SEAL]
"A true copy
WILLIAM GOODWIN, Clerk.
The last division of the common lands in Windham consisted of sixty-three seventy-aere lots. They adjoined the last division of one hundred-acre lots and were bounded westerly by Sebago Lake, northerly by Raymond line, easterly by Gray line, and southerly by the aforesaid hundred-acre lots.
THE DISPUTED BOUNDARY AND ITS FINAL SETTLEMENT. PETITION
FOR AND ACT OF INCORPORATION
Boundary lines have been a fruitful source of trouble in all the history of our race. Not only do we find this to be a fact as regards nations, but even individuals and insignificant town- ships are sometimes engaged for years in a controversy over a few acres of comparatively worthless territory, the actual value of which is less than the cost of an adjustment.
The settlers of New Marblehead found themselves confronted by a boundary dispute at the very outset. It will be remem- bered that the surveyor's report says, "We began at a place called Saearipy. in Presumpscot River." His reason for begin- ning at that point was probably caused by the somewhat ambiguous language of the grant or through ignorance of the true line of ancient Falmouth. However, no sooner was his report accepted by the Great and General Court and the grant confirmed to the Proprietors of New Marblehead, than the in- habitants of Falmouth, which then included the present cities
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WINDHAM IN THE PAST
of Portland and Westbrook, and also what is now the town of Falmouth, elaimed the land from the point of the survey to Inkhorn Brook and forthwith served the Proprietors of New Marblehead with a notice to quit, on which notice they appear to have taken no action for sometime.
The first notice we find concerning the matter recorded in the Proprietors' book was, on Aug. 25, 1735, when it was
"Voted, that the affair of the Boundary lines between the Traet of Land and the Towns of Falmouth and North Yarmouth be defered till further Consideration."
But the trouble was by no means settled by this off-hand action, so, at a Proprietors' meeting held on Dec. 11, 1735, the subject again came up for discussion, and it was
"Voted, that the Great and General Court be petitioned for the Effectual Establishing the Bounds and line between the Towns of Falmouth and North Yarmouth and the Traet of Land granted to the Proprs or Grantees.
"Voted, that the Present Comtee Viz: John Oulton, Esq., Abraham Howard, Esq., Joseph Blaney, Esq., Mr. Nathan Bowen and William Goodwin be and hereby are Inpowered in the name and behalf of the Proprs or Grantees to Petition the Great and General Court to appoint some suitable persons to Establish & settle the Boundary line between sd Traet of Land and the head line of Falmouth and North Yarmouth, and that the same may be forwarded as soon as may be."
Apparently, nothing was done in regard to the matter at the time, and, on Sept. 1st, the Proprietors passed a similar vote, of which no notice was taken.
The boundary line thus remained an open question until June 5, 1761. when the Proprietors again
"Voted, that Messrs. Nathan Bowen, John Wight, and John Ingalls, or any two of them be a Comtee to Prefer a Petition to the Great and General Court (now sitting) to order the settling of the boundary lines betwixt this Town and the Towns of Fal- mouth and North Yarmouth, and settle the same."
This committee attended to their duty, with the result that, after mature deliberation, the Court passed the following aet on November 26th, 1761. It is called
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
"The Settlement of the Bounds Betwixt the Town of Fal- mouth and this Township.
"In Council November 26, 1761.
"Upon the petition of Nathan Bowen and others, Grantees of a Township ealled New Marblehead in the County of Cum- berland and the report of a committee of the General Court, thereupon Resolved and Ordered that the bounds between the said Township of New Marblehead and the Towns of Falmouth and North Yarmouth, be as follows, Viz: Beginning at a White Rock, by the waterside in Casco Bay, and running northwest ninety five rods to the stump of a red oak tree which was formerly marked F, and from thence northwest on the line between the Town of Falmouth and North Yarmouth, eight miles to a pine tree marked F. for the northeast corner of the said Town of Falmouth, and from thence and the line between said town of Falmouth and the said town of New Marblehead to run on a straight line, to come fifteen rods eastward of a brook called Inkhorn Brook, below the mouth of said brook where it enters into Presumpscot River, To run again from said pine tree back on the line of Falmouth ninety five rods to the south- east corner of North Yarmouth being a stake; and from thence northeast three miles on the bounds between North Yarmouth and New Marblehead to the line of New Boston, and that the line between New Marblehead and the Towns of Falmouth and North Yarmouth be fixed and established as before mentioned.
"Sent down for concurrence.
A. OLIVER, Sec.
"In the House of Representatives, Nov. 27, 1761. Read and Concurred.
"Consented to,
JAME OTIS, Speaker.
FRANCIS BERNARD.
"Copy Ex. per
IN. COTTON, Dep. Secry.
"A true Copy attest.
WILLIAM GOODWIN, Clerk."
Thus this troublesome affair was finally settled without the intervention of armed forces by either party, which, as an old
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WINDHAM IN THE PAST
tradition relates, was at one time threatened; and although Windham lost a large tract of territory, the inhabitants accepted the award of the General Court like true and loyal citizens, and peace and prosperity have reigned along our borders since that far off year, 1761.
The next move on the part of the Proprietors of New Marble- head was to have the township incorporated, and we find that, at a meeting held on June 5, 1760, it was
"Voted, that Messrs. Nathan Bowen, John Wight and John Ingalls, or any two of them, be a Comtee to Prefer a Petition to the Great and General Court, (now sitting) Praying that they would please to Incorporate the Inhabitants of said Town- ship into a Town or Distriet, and that the Grant of said Town- ship may be Confirmed to the Grantees, or their heirs, or to sueh Grantees as have fulfilled the Conditions of the Grant."
Accordingly, the committee above-named presented the fol- lowing petition :
"Province of Massachusetts Bay in New England.
"To his Excellency Francis Bernard, Esq., Governor in Chief. To the Honble his Majesties Couneil and House of Rep- resentatives of said Province.
"Humbly Sheweth The Grantees of a Township Called New Marblehead in the County of Cumberland, That in Obedience to the Order of this Honble Court in October A.D. 1758, they sent to said Township Messrs. John Wight and Samuel Turner with orders to take an Exact Account of the State of sd Township, and the Progress made by each Grantee towards a Settlement, who made Report upon Oath, which was laid before this Honble Court, whereby it appears that twenty nine of the Grantees have settled Families there. The other Grantees tho, all of them (but No. 4 Drawn by George Pigot) have eleared Land on their Respective Lotts, have not settled Families there, By which negleet, the few families there have been Exposed to great Difficulties. That this small settlement have for many years past dwelt there without any Settled Gospel Ministry or any Civil Government among them. That the Grantees find it necessary that a further Division of a Lott of one hundred acre Lotts be laid out there, which cant be effected with any degree
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
of certainty until they Obtain a settlement of the boundary lines betwixt said Grant and the Towns of Falmouth and North Yar- mouth on which they join; which they apprehend cannot be Effected but by the aid of this Honble Court. Wherefore the said Grantees Humbly pray your Excellency and this Honble Court.
"First : That the twenty nine Settled numbers, be Con- firmed to the Respective Grantees and their heirs, and the Non Settlers be Compelled, as soon as may be, to Complete their Settlement.
"Second. That the said Boundary Line may be ordered, and
"Third. That the Inhabitants there may be Incorporated into some form of Government, and as the Original Home Lotts were laid out but ten acres (to make the Settlement more Com- plete and Defeneible) which has greatly hurt and Discouraged the said Settlement, Your Petitioners now pray that the Non Settlers may be Compelled to settle on said ten acre Lotts, each of them having an hundred acre Lott adjoining to the said Home Lotts, already laid out, which will better suit them and serve the Township in general.
"All of which is Submitted by your Excelleney and Honors Most Humble Servants.
NATHAN BOWEN, JOHN WIGHT, JOHN INGALLS.
"And the said Comtee beg leave to further Inform your Excellency and Honors. That in the Original Grant of the said Township a Right thro the Township was Reserved for the first settled Minister. Another for the Ministry and a third for the School. The first became the Property of the Rev. Mr. Wight. Deceased, as first Minister; The Second in its present Rough and uncultivated State ean be of Little use to the next Minister, at least for sometime, as the property will not be his. That the School Lott, No. 44, in the body of the 100 aere Lotts, already laid out, lays near the Centre of the said Lotts and where the settlements are most likely to be made, and therefore mos suit- able for the Meeting house and Commodious for the next Min-
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WINDHAM IN THE PAST
ister, if it be had for that purpose. Wherefore They pray That the said Grantees, or your Petitioners, their Committee, may be Impowered to transfer the said 100 acre Lott, No. 44, to the use afforesaid, saving four aeres to Lay in Common for a Meeting- house, School-house, Burying place and other public use, and if your Exeelleney and Honors should think the Residue of the said School Rights; which will be near 300 aeres, should be insufficient for that purpose, your Petitioners will take eare that at their laying out the next Division a like quantity of Land shall be laid out and assigned to the said School Right as an equivalent thereto.
"All of which is Hunbly Submitted.
NATHAN BOWEN, JOHN WIGHT, JOHN INGALLS."
Accompanying this petition was the following list of the 29 lots that were settled in New Marblehead in 1759, with the names of the original grantees, and also the names of those who settled them, taken by John Wight and Samuel Turner:
"'LOT ORIGINAL GRANTEE
SETTLED BY
3. Robert Parramore
Maxwell & Mayberry
5. Michal Bowden
Ephraim Winship
6. Samuel Stacey, 3d
Gershom Winship
7. Ebenezer Hawkes, Jr.
Joseph Starling
10. Thomas Wood
John Bodge
12. Thomas Chute
Curts Chute
16. James Sharrar
John Manchester
19. Joseph Majory
Thomas Mayberry
21. John Stacey
Samuel Webb
22. Richard Reed
Samuel Mathews
23. John Bayley
26. James Perryman
Richard Mayberry
27. Moses Calley
30. Nathan Bowen
John Farrow
32. Abraham Howard
38 Benjamin James, Jr.
42. Isaac Mansfield Thomas Chute
44. Joseph Howard
Seth Webb
William Mayberry
Stephen Manchester
Abrm Anderson
Zerubbabel Hunniwell
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
46. Samuel Brimblecombe
William Elder
47. Joseph Griffin
John Stevens, Jr.
48. Joseph Smithurst
John Stevens, Senr.
49. William Ingalls
Mieker Walker
51. John Felton
Ilugh Crage
52. Joseph Blaney, Esq.
Thomas Bolton
53. Andrew Tucker
William Bolton
55. Nath. Evans
Robert Muckford
57. William Mabery
John Mabery
58. William Goodwin
Elezear Chase
61. Giles Ivimy Caleb Grafton."
The following is the action of the General Court in reference to the foregoing petition :
"In Couneil January 8, 1761.
Read and ordered, That John Chandler, Esq., with such as the Honble Court shall join, be a Committee to take this Petition under Consideration, and Report what they judge Proper for the Court to do thereon.
"Sent down for Concurrence.
A. OLIVER, Seery.
"Read and Coneurred, and Col. Clap and Major Cushing are joined in the affair.
JAMES OTIS, Speaker."
REPORT OF COMMITTEE ON THE ABOVE PETITION
"The Committee to whom was referred the within Petition, humbly report as their opinion that the Rights belonging to the twenty nine persons in the annexed List be confirmed to them, their heirs and Assigns forever, and that the Plantation be Erected into a Distriet. That the other Originall Admitted Settlers, or those who hold under them, being thirty one, be allowed one year from this time to Comply with the Conditions of the Grant, and such of them as do not, their supposed share or Rights Revert to the Province, and be Disposed of as this Court shall order. That a Committee be appointed, at the charge of the petitioners, to fix and ascertain the Bounds of the Plantation adjoining the Towns of Falmouth and North
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WINDHAM IN THE PAST
Yarmouth, They giving proper notice of their meeting for that purpose, and the School Lott, No. 44, be apportioned for the Encouragement of the next Ordained Minister among them ; Reserving four acres thereof, for Erecting a Meeting-house in and for other publie uses, and that previous to laying out any further division, a hundred acres of Good Land be laid out for the use of the School in Lieu of said Lott No. 44.
Per order of the Comtee
JOHN CHANDLER.
"In Council January 20th, 1761, Read and Accepted, and ordered that Richard Cutt, Esq., with such as the Honorable House shall join, be a Comtee to run the lines mentioned in said Report.
"Sent down for Concurrence.
A. OLIVER, Secry.
"In the House of Representatives January 20th, 1761, Read and Concurred, and Mr. Bradbury and Doet Sayer are joined in the affair.
"Consented to.
FRANCIS BERNARD. "Copy Examined pr. Inc. Cotton, Dept Seery."
Massachusetts Archives, Vol. 117, pp. 431-3.
Having at length settled all preliminaries and taken ample time for consideration, the Great and General Court granted the prayer of the Proprietors and passed the following aet of Incorporation :
"Anno Regis Georgii Tertii Seeundo. [SEAL]
"An Act for Incorporating the Plantation Called New Marblehead in the County of Cumberland into a Town by the name of Windham. Whereas it is represented to this Court by the Grantees of the plantation called New Marblehead in the County of Cumberland, that the Inhabitants thereof labor under many inconveniences by their not being incorporated into and invested with the powers and privilegs of a town.
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
Therefore, Be it enacted by the Govenor, Council and House of Representatives, That the whole of the said plantation, bounded as follows Viz: Beginning at a pine tree marked F. standing Eight miles and ninety five Rods North west, from a White Rock by the Waterside in Casco Bay for the Northerly Corner of the Town of Falmouth, and from thence to run on a straight Line to come fifteen Rods to the Eastward of a Brook, called Inkhorn Brook, below the Mouth of sd Brook, where it enters into Presumpscot River. To run again from sd Pine Tree baek on the Line of Falmouth ninety five Rods to the Westerly Corner of North Yarmouth, being a Stake, and from thenee North East, three miles, on the back of North Yarmouth to the Line of the Township called New-Boston. Westerly on the sd Presumpseot River to a greate Pond called greate Sebago Pond, Thence North East four miles & 120 Rods, thence South East to North Yarmouth back line; Be and hereby is Erected into a Town by the name of Windham. And that the Inhabit- ants thereof be and hereby are invested with all the Powers, Privileges & Immunities that Towns in this Provinee by Law do, or may enjoy, and that Enoch Freeman Esqr be and hereby is Impowered to Issue his Warrant directed to some principal Inhabitant of sd Town requiring him to Warn the Inhabitants of sd Town qualified by Law to Vote in Town affairs to Assemble at Such time & place as he Shall appoint, then & there to Choose all Needful Town Officers, to remain and act till their Annual Town Meeting in March next, and the said Inhabitants So Con- vened shall be & hereby are Authorized and Impowered to choose such officers accordingly. Provided Nevertheless, that all Province & County Tax's already laid on the sd Inhabitants Shall be Collected & paid in the same manner as tho this Act had not been made.
June 11, 1762. "This bill having been read three several times in the House of Representatives Passed to be enaeted.
TIMY RUGGLES, Speaker.
June 11, 1762.
"This Bill having been read three several times in Council, Passed to be enacted.
A. OLIVER, Sec.
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WINDHAM IN THE PAST
June 12th, 1762. "By the Governor, I consent to the enaeting of this bill.
FRAN. BERNARD."
On receiving the act of incorporation, the inhabitants of Windham at once made preparations to hold their first meeting as a distinct municipality. The General Court had directed Enoch Freeman, Esq., to issue his warrant for that purpose; but, for some cause, he failed to do so, and the following appears on the first Book of Windham Town Records.
[SEAL]
"Pursuant to Warrant directed to Mr. Thomas Chute, Gentleman, you are hereby Requested in his Majesties Name to Notify and Warn the Inhabitants duly qualified to vote in Town affairs, to Convene at the Garrison house in Windham aforesd on Monday the fifth day of July next at 10 o'clock in the forenoon, to choose the proper officers as the Law directs.
STEPHEN LONGFELLOW, Justice Peace."
July 5, 1762. The freeholders and other inhabitants having been duly Notified, in conformity to the Province orders,
"Voted, Vizt: 1st. Mr. Abraham Anderson, present Mod- erator for sd Meeting.
2d. "Voted, Thomas Chute, being present, Clerk.
3d. "Voted, Caleb Graffam, Lieut. Thomas Mayberry, and Mr. John Farrow Select-men for said Town this present year.
4th. "Voted, Mr. Abraham Anderson be Town Treasurer for this present year.
5th. "Voted, William Elder be Constable this year ensuing.
6th. "Voted, that Simon Noyes be Sealer of Waits and Measures.
7th. "Voted, that Mr. Caleb Graffam and Joseph Starling, shall be wordens and Tything men this present year.
8th. "Voted, that John Bodge and John Stevens, shall be fence viewers this present year.
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
9th. "Voted, that Stephen Manchester and Hugh Crague be field drivers this year."
In 1789 and 1790, there were 188 persons who paid a county tax; and, in the latter year, the number of inhabitants was 938. In 1800 they had increased to 1.329; in 1810, to 1,630; in 1820, to 1,793; in 1830, to 2,186; in 1840, to 2,274. In 1850 the re- turns gave the number of inhabitants in town as 2.380; in 1860, as 2,635; and in 1870, as 2,426. The census of 1900 gives the inhabitants of Windham as numbering 1,929; and that of 1910. as 1,954.
From the incorporation in 1762, until 1789, the town meet- ings were held in the old Province Fort; but, as the first division of one hundred-acre lots were settled, it became necessary to find quarters to accommodate the increased numbers of voters.
On March 30, 1789, the annual meeting was held, according to notification, "In the Schoolhouse, near Joseph Winslow's." This house stood on, or very near the site of the present school building at Newhall and was used as a town hall, except on rare occasions, until 1796, when the meeting-house was used for that purpose. This edifice stood near the residence of the late Thomas L. Smith, Esq., and was the most capacious building then in town. In 1811, the Friends' meeting-house, which stood
Town House
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WINDHAM IN THE PAST
nearly opposite the brick dwelling house of the late Nathaniel Cobb, was obtained, and here the town's business was transacted for several years.
The first notice we find on the old records relating to a town hall is, on April 5, 1814, when it was
"Voted, to Build a Town house for to do the Town's business in."
Nothing whatever appears to have been done in relation to the above vote for nearly twenty years, or until 1833, when the present Town House was erected in the village of Windham Center. The building is of brick and is fifty feet long by forty feet wide, with thirteen feet walls; and is fitted with a fire-proof safe, and other modern conveniences for the transaction of the town's business.
The town also owns a large and valuable farm near the Center, on which is the almshouse for the support of the poor. Before the farm was purchased for this purpose, the selectmen used to let out the poor to private individuals to maintain at so much per year; or, in other words, they sold them at public auction to the one who would take them at the lowest possible price.
The first notice we find of an application for relief occurs in the warrant for the annual town meeting, in March, 1771, the 22nd article of which was:
"To see what method the Town will take to support Ruth Hall and her children, who hath made application to us for Releaf."
We have no means of knowing what action was taken in regard to the article, as nothing further appears on the records. Some time previous to 1795, one Hannah Starbird appears as a town charge, and, at the town meeting on April 6th of that year, it was
"Voted, to set Hannah Starbird up at Vandue to the lowest bidder per month, till the Town can find some other Town she Properly belongs to, and that the above written vote be allowed."
Also "Voted, that John Robertson be allowed six shillings per month for keeping Hannah Starbird for the future."
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DIVISION OF LAND, INCORPORATION OF TOWN, ETC.
Thomas L. Smith, in his "History of Windham," says here, "Exit Hannah Starbird." However, Mr. Smith labors under a grave mistake; as, according to the old town records, she re- mained very much in evidence for several years later.
On April 3d, 1797, it was "Voted, to allow Nathaniel Mug- ford two Dollars for keeping Hannah Starbird in the year 1796."
At the town meeting held on April 2, 1798, she was set up at vendue, and the following is the disposition made of her at that time :
"Mr. Thomas Crague bid off Hannah Starbird for three shillings per week, and is to find said Hannah, sufficient victuals and to keep her clothes as good as they are now, as long as she Tarrys with him."
At the same meeting, it was "Voted, not to allow Capt. Jona- than Loveitt's account for keeping Hannah Starbird."
She makes her "exit" from the Windham records, on April 1, 1799, when the assembled wisdom of the town "Voted, not to allow William Mayberry, Jr's, account for keeping Hannah Starbird." Neither history or tradition gives us the least hint of her final end.
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