USA > Maine > Cumberland County > Windham > Windham in the past > Part 2
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or where sd. Meeting House be built, to prevent its being sett on fire by any fire that may happen in the woods.
"Voted, that the present Comtee Mr. John Bayley, Mr. Nathan Bowen and Capt. Benj. Hendley be and hereby are Im- powered to agree with and Oversee the Workmen in order for Erecting and Completing sd. house so far as shall be needful for the Present.
"Voted, that the sum of one hundred and twenty pounds be assessed on the Proptrs or Grantees according to their several Rights and to be paid into the Treasury on or before the first day of August next for Defraying the Charge of building sd. Meet- ing House and Clearing the Land according to the aforesd votes, and that the Comtee be and hereby are Impowered to draw out of the Treasury the sum of sixty pounds for the carrying on of sd. work, and to lay their accounts before the propters or Grantees at a meeting called for that purpose for their acceptance and allowance.
"Voted, that Mr. Thomas Chute be desired to inquire after any persons that may have or shall hereafter cut off any timber from the lands, and report the same to the proprietors."
From the old Book of Records we learn that the committee for building the meeting house in a short time made a contract with Mr. Nathaniel Cogswell, one of the grantees, to build the meeting house according to the aforesaid votes. It also appears that Mr. Cogswell came here and commenced his work, and had made considerable progress, when the work was suddenly ar- rested by the Indians, who claimed the land on both sides of the Presumpscot River. By threats and menaces they so frightened the workmen that they left the building in an unfinished state and returned to their homes. This unlooked for interruption so dis- heartened the Proprietors that they petitioned the committee for a meeting to consider the best course to be taken in the matter.
The petition, which bears date of "March ye 16th, 1738," is as follows:
"To Mesrs. John Bayley, Benj. Hendley and Nathan Bowen, the present Committee to the Proprs. or Grantees of the Tract of Land laid out on the back of the Towns of Falmouth and North Yarmouth adjoining to the Presumscot River in the County of
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York. The Desire of us the Subscribers, (being Propers. in Common to sd. Tract of Land), Humbly sheweth, that whereas Information hath been Given in a Letter from Mr. Thomas Chute of Falmouth, that the Indians hath forbid the proceeding of the workmen in Building the Meeting House on sd. Land which hath not only put a stop to said proceeding, but is also of great discouragement to those who designed Settlement on their several Lotts this Spring (The time being near Expiring for said settlement according to the Conditions of the Great and General Court). Wherefore our Desire is that a meeting of the Proprs. or Grantees be called as soon as may be, to consider and vote whether it be not most for the benefit of the Proprietors of said Land, that some suitable person or persons be appointed in the name and at the Charge of the said propers. To have some Confrence with the Indians who claim the sd. Lands, In order to know their demands and Intentions That they may Lay the same before the Government for their advice and direction in our further proceeding in said Settlement. And to Choose a Collector in the Room or Stead of Mr. Michael Bowden, who Refuses to serve in sd. office, or Order and appoint some other way for Raising or Gathering sd. money for the payment of the several Accts. which have been accepted and allowed.
"Marblehead, March ye 16, 1738.
Ebenezer Hawkes, Richard Reed, Jeda. Blaney, Samuel Brimblecom, Andrew Tucker, Joseph Sweet, Robt. Hooper Jr., John Palmer, Ebenezer Hawkes Jr .. Joseph Griffin.
"A true Copy. Attest,
WILLIAM GOODWIN, Clerk."
In response to the foregoing petition, the committee issued a call for a Proprietors' meeting to be held at the town house in Marblehead, on April 3d, 1738. They met, accordingly, and chose Mr. John Bayley Moderator; and, among others, the fol- lowing votes were passed :
"To see if there should be a Comtee chosen to treat with the Indians, and it was passed in the Affirmative.
"Voted, that there should be three men chosen for that pur- pose.
ยท).
WINDHAM IN THE PAST
"Voted. that Joseph Blaney Esq., William Goodwin and Capt. Robert Parramore, or either two of them be, and hereby are appointed a Comtee in the name of the Proptrs to apply them- selves to his Excelleney the Governor vand Council if need be) for his or their Advice and Direction for their proceeding in the most Effectual way to treat with the Indians in order to know their Demands and Intentions, so as to bring the matter in Dis pute between them and the Proptrs to a speedy Issue or Settle- ment."
Nothing on the Proprietors' records appears to show that any action whatever was taken in regard to the foregoing votes: neither do we find that Mr. Cogswell fully finished his contract, and the meeting house remained as he left it. a more shell. desti- tute of Hoors, windows, and doors.
The Indians, who gave our ancestors so much trouble, were Chief Polin's band. who had their dwelling place around Lake Sebago and adjacent lakes and streams, and were the uncompro- mising foes of the white settlers. We know but little in regard to these Indians Thomas L. Smith, in his " History of Wind- ham. " calls them the Rockamecrooks. and their chief. Poland, but fails to give his anthority for these names.
Several years ago, Rev. George M. Bodge, a native of Wind- ham, while searching among the musty archives of Massachusetts. found an ancient document. which throws considerable light on this hitherto dark subject.
From this report. which is entitled an "Indian Conference." we learn that. on Aug. 10th 1739. Polin accompanied Capt. Jor- can Dominions doubtless , whom he calls his friend, and visited the Governor of Massachusetts.
The Chief addressed the Governor and Council. thus proving that the meeting was at Boston. From the rough draft it appears that the clerks recorded the conversation as it went on, and after- wards wrote out a revised account of what was important.
The following is a copy of the revised paper, and is entitled "Conference Between His Excellency Ye Govr. & Polin Sachem of Pesminscots. "
Govr. - " How do yon do. I am glad to see you."
Indian " We have had a mind to wait on yo'r Excellency a great while and now are come to do it and Salute you.
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"Your Excellency when ve Treaty was discharged was pleased to say st if anything should happen yt we could not understand or did not approve of wee should inform yr Ex- cellency of it : and what we are most agrieved at is that the River Pesunseot is damed up so that ve passage of ve Fish wch is our food is obstructed and yt Col. Westbrook did promise abt two years ago yt he would leave open a place in de Dam and ve fish should have a free passage up ve sd River into ve Pond in ve proper Season but he has not performed, and yt we are thereby deprived of our proper food. It was agreed yt ve Bounds of ve Settlement made by ve English should be known and yt the English are encroaching upon our Lands which we never knew or understood was Lawfully purchased and move it ve English may not be allowed to settle any further as yet and yt ve Gov- ernment would put a stop to ve settlement on these Lands at present. and yet ve English Improvements caused ve Hunting to be very difficult so vt we cannot get our trade as usual. and we should be glad to have a trade on Pesmuscot River."
Govr .- "How many families have yon at Presumpscot ? Indian-" About 25 men besides women and children." Govr .- "Where do you Trade. at what Truck-house "" Indn .-- " Not any Particular Truck-house."
Govr. " If you trade at Capt. Smith's Truck-house it will be near and you will have goods cheaper than yon can buy of private traders. "
Indn .-- "We are not so much concerned about that for we go down ye River where suits us best but our Main end is ve Hunting & Fishing. There is an Island ot we were at when yr Excellency was there yt is a Watering Place which we should be glad to have ve Improvement of for that End."
Govr .- "That Island is owned by Mr. Willard."
Indn .- "'There are a great many Settlers at Pesumpscot and we should be glad of some Trader to be placed there yt we might Imy a small quantity of Rum. but not so much as to get Drunk for yt is Contrary to our Religion. Our young men desire yt we have a Dance sometimes and have no Drum, should be glad of cne. These are the Things we come to wait on vor Excellency about and shall be glad of an answer."
Govr .- "You shall have an answer to all before you go."
"The Govr Drinks the King's health &r. The Indians Re-
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WINDHAM IN THE PAST
turn ve Salute and withdraw. N. B .- The Indian laid down a skin at the close of each subject & said it was a pledge from his tribe.
"The Indians object agst ye Settlement of Marblehead Town- ship on Pesumpscot & ye Other Settlements thereabout & they dont allow ye English to have any Right to ye Lands above Sau- karappa on Pesumpscot River wch is about seven miles above Pesumpscot Mills, where there is a mill set up by ye proprietors of Marblehead Township.
"Conference with Polin & Indians of Pesumpscot Aug. 10th, 1739."
This time-hallowed document contains several items of great interest to the local historian, as from it we learn the true name of the river from the lips of the Indian, Pesumscot, thus showing the present name to be erroneous, as students of the Indian lan- guages long since decided. In this case, the name analyzed is probably Pes-ompsk-ut, meaning very nearly, "Falls-at-standing- rocks." which applies very well to the falls where Col. Westbrook erected his mills. The tribe, or band, is here called by the same name, and is here for the first and only time officially mentioned by name, as well as the chief, Polin, whom the settlers called Poland.
The sawmill complained of was not at "Saukarappa," as we might be led to suppose, but at what is now Mallison Falls, then called by the Indians Nagramquecy, and afterwards known as Horse Beef.
It also confirms an old tradition that Polin and several of his warriors did visit the Governor and Council to protest against any further encroachment on the lands they claimed in this vicinity ; and here. too, we have the Indian pronunciation of the name sometimes written Sacaribig, Sacaripy, and Saccarappa.
Three days later, on Aug. 13, 1739, the Governor returned the following answer to the Indians:
"As to complaint of the Obstruction given to the Fish in the Pesumpscot River, a letter will be sent by you to Collo West- brook that the passage in the Dam be opned & kept open in the Proper season for the Fish to go up the River. As to Indian Title to the Lands on Pesumpscot River we are well informed that there have been Deeds given by the Indians of the Lands in
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THE TOWNSHIP
that part of the Country to Old Mr. Jordan and Others, but we suppose many of those papers have been burnt in the Time of War; However, as none of that county are now in Town, we cannot come to the knowledge of this matter but we shall further inquire into the affair and they shall be informed of it. As to Request for an Interpreter on Pesumpscot and Liberty for pri- vate persons to sell Rum there, The Governor has provided Inter- preters at all the Truck-houses wh. is thought sufficient, and there the Indians are supplied with Rum in moderate quantities, and that for preventing any wrong being done to the Indians the Government made a Law against private persons trading with them in Rum, and the good and wholesome Laws of the Province must not be broken."
The following is a copy of the letter to Col. Westbrook sent by the Indians :
"Sir, I am directed by His Excelleney and the Council to acquaint you that divers Indians inhabiting Pesumpscot River have complained that by Dams built on that River the course of the Fish is stoped & they are thereby deprived of a great part of their subsistence. that upon your first building the Dams a passage was made there for the Fish and kept open in the proper season but of late that passage has been wholly stoped up. I am further to acquaint you that the Govr and Council apprehend it but reasonable to leave open a sufficient passage for the fish and this they expect may be done that no further complaint may be made in this matter and the rather because that the deed of President Danforth to the Town of Falmouth does make an express saving of the Rivers. It is also desired that you would take care and give orders that the people of Pesumpseot River treat the Indians kindly that come thither.
Copy.
J. WILLARD."
(Massachusetts Archives, Vol. 29, pp. 355-359.)
During these negotiations with the Indians, all improvement and settlement of the new township was interrupted, save that the Proprietors, hoping for better times, went on quietly voting divisions of land, levying taxes upon the shares, and taking all the necessary steps possible to push forward the interests of their grant.
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WINDHAM IN THE PAST
No further action in regard to the meeting-house seems to have been taken until Sept. 1, 1743, when it was
"Voted, that the meeting house be Repaired forthwith.
"Voted, that William Goodwin (upon his going down,) to see that the meeting house be Repaired as to what is Broken or Settled and to finish the same according to former votes, and build a necessary desk or pulpit and Erect suitable seats in sd house."
It was put to vote "whether the Proprs would Give orders to prosecute the Covenant of Mr. Nathaniel Cogswell, it passed in the Negative," and so the original contractor escaped scot free.
It is possible that, in accordance with the above vote, some- thing was done to repair the meeting-house. However, there is no proof of this that has come to our knowledge, but we do know that, in the spring of 1744, anticipating an Indian war, the few settlers then living in town petitioned the Proprietors for leave to demolish the unfinished building and use the material in building a fort or block-house for their protection. Not receiving an answer to their request, they finally took it down and used its massive timbers for the desired purpose.
Thus disappears from view the first house erected to the public worship of God in New Marblehead. now Windham.
FIRST SAWMILL
The Proprietors of New Marblehead early foresaw that a sawmill would be an important factor in settling their grant ; and so, at a meeting held on Ang. 8, 1735. it was
"Voted, whether a sawmill be built at a General Charge," but it passed in the negative.
At the same meeting, it was
"Voted, that the affair Relating to the Granting of a place for a sawmill be omitted, no person of the Proprietors appearing to undertake the same."
At the adjournment of the above meeting. the following was presented for consideration :
"To the Grantees of the Township upon Presumscot River to several Inhabitants of Marblehead. This Manifesto of George
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Pigot, Clerk, Declareth, That upon the Grant of one Mill Right & two Acres of Land thereunto adjoining, to him & his heirs & assigns for Ever, He will undertake to Erect a Saw Mill upon the Falls of the Great River, (Presumpscot,) next above the Township lots, before Michaellmas Day 1736, Provided He hav convenient Highways leading to said Mill laid out by order of the Grantees, with Liberty to cut Timber off the School home lot.
GEORGE PIGOT.
"Marblehead Aug. 21, 1735.
A true Copy. Attest. WILLIAM GOODWIN, Clerk." Upon this, it was
"Voted, that the above Manifesto be allowed and granted to sd Pigot, so long as he keeps up a mill there."
Of Mr. Pigot we know but little, save that he was a minister and one of the original grantees and drew Home Lot No. 4. He failed to fulfill his "Manifesto," and died before June, 1759.
The next we find in regard to the matter was on Jan. 12, 1738, when, at a Proprietors' meeting. they voted to annul the grant formerly made to Mr. Pigot and heard the report of a committee previously appointed to take into consideration the building of a sawmill in New Marblehead.
The committee reported as follows :
"The Comtee appointed for Receiving the Proposals of any of the Propers or Grantees having taken under their Mature Consideration the Proposal of Ebenezer Hawkes and others Re- lating to their Erecting a Sawmill on some of the unapropriated Lands belonging to the Propers or Grantees at their own Cost and Charge, made Report as followeth. For as much as it is thought by the said Proprietors to be very expedient to have one or more Sawmills upon some part of the aforesd Tract of Land and Condusive to their General Good and advantage, and as for as much as Mesrs Ebenezer Hawkes, Blacksmith, William Good- win and Isaac Turner, Carpenters, and Ebenezer Stacey shore- man, all of Marblehead, in the County of Essex, four of the Pro- prietors, have Manifested their Desires and Inclinations, (upon Suitable Encouragement,) to Erect and set up one or more Saw- mills, upon some place or part of sd Tract of Land suitable for
1
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WINDHAM IN THE PAST
that purpose. Wherefore for their Encouragement in the under- taking, it is voted That there be and hereby is Given and Granted to the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey and to their Heirs and Assigns forever, all the said Proprietors' Right to and Interest in any one of the falls of water in the Main River, called The Presumscot River, lying above the Great Bridge lately Erected over said River, At the Election of the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey with the Privilege thereof To their only sole and proper use and hehoof forever, Together with ten Acres of Land to be laid out on the Northeastermost side of four acres of Common Land hereby ordered to lay in common, for the use of Said Mill and all others of the said proprietors for a Landing place and to lay Loggs on. Provided the said Ebene- zer Hawkes William Goodwin, Isaac Turner and Ebenezer Stacey, shall begin to Erect a Sawmill on the said falls on or before the first day of August next, and fitt the same for sawing Boards, Timber &c. on or before the last day of November next, and im- prove the Residue of the said falls in Mills of any kind within the term of five years. All the said falls not improved as afore- said, shall Revert and be to the Proprietors in general, and it may be Lawful for them to improve the said Residue in Mills as they shall think proper, so as never to Meddle or obstruct the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey in their Peaceable and free use and occupation of all such Mills as Shall be by them Ereeted within the said term of five years. Provided also the said Ebenezer Hawkes, William Good- win, Isaac Turner and Ebenezer Stacey shall not by dams or Otherwise Obstruct the free passage of Loggs and Rafts over the said falls. Also voted That when the said Sawmill shall be finished and fitted for service as aforesaid (provided it be within the Term aforesaid,) There shall be laid out, at the Charge of the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey by a Surveyor and two Chairmen upon oath, the aforesaid four acres of Common Land adjoining the said falls, Thirty Poles long on the River and Twenty Poles Deep, and their ten acres of Land on the Northeastermost side of the Common Land with sufficient roads to the same, and return a Platt of the same which being Recorded in the Proprietors' Book shall be Effectual to pass the said falls and ten acres of Land to them and
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their Heirs and Assigns Forever, saving as aforesaid. And in Case of a war with the Indians whereby the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey shall be Obstructed in the fulfilment of any Condition on their part, That then they shall be allowed the same length of time after the End of said war for performing the Conditions as is above Limited."
It appears that Mr. Hawkes and his associates at once com- meneed the work of building the mill, according to the contract ; but before they had made much headway, the Indians appeared and strenuously opposed the proceeding, claiming that they owned the land on both sides of the river and that the necessary dams hindered the fish from coming up the river, whereby their food was endangered. By threats and warlike demonstrations they caused a suspension of the work, and nothing more appears to have been done until the next year, when, in order to save their grant, the contractors petitioned the Proprietors for an extension of the time voted in January, 1738.
Their petition was acted upon at a meeting held on Mar. 1, 1739, and the following appears on the Proprietors' records :
"Whereas the time being Elapsed by those persons who were undertakers for Erecting a Sawmill on sd Tract of Land, They having been Impeded by the Menaces of the Indians, it is there voted That the time mentioned for fulfiling the Conditions of the Grant made to Messrs Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey, Dated Jan. 19, 1738, be con- tinued to the first day of September next, and the said Grant to be Confirmed to them in as full and ample manner to all Intents and purposes as if they had finished the same according to the time therein prefixt, Provided that they Compleat the Conditions by the time Limited above."
In the mean time, as before noticed, the Governor and Council at Boston had held a conference with Chief Polin and some of his warriors, which caused a temporary lull in their warlike demonstrations, and the contractors were able to go on with the work of completing the mill ; and on Dec. 14, 1740. they presented their report to the Proprietors, which was accepted and allowed.
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WINDHAM IN THE PAST
"THE RETURN OF YE PROERS OF THE SAWMILL."
"Whereas at a Meeting of the Proprietors on January ye 19, 1738, a vote was passed for the Giving and Granting to Messrs Ebenezer Hawkes, William Goodwin, Isaae Turner and Ebenezer Stacey, all the said Proprietors' Right to and Interest in any of the falls of water in the Main River, called the Presumseot River, lying above the Great Bridge, lately Erected over the said River, (at their Choice or Election,) with the privilegs thereof To their only sole and proper use and behoof for Ever, Together with ten Acres of land to be laid out on the N. Eastermost side of four acres of Common Land Ordered to lay in Common for the Saw- mill, with sufficient Roads leading thereto, And whereas the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey, have Elected and made Choice of the Falls next above the aforesaid Bridge, Called by the Indians Nagwamqueeg, and it appearing to the Proprietors by the oath of William Goodwin and the affirmation of Ebenezer Hawkes, that they have Erected a Sawmill thereon, and have laid out adjoing to said falls the four aeres of Common Land for the use of said mill, to lay Loggs on &c. Butted and Bounded as followeth. To begin, Bounded at the S. Eastermost side of the Road of four Rods wide laid out between the second Division or Hundred Aere Lotts No. 1 & No. 2, which Road runs from the River, North 66 des. E. and to measure at said side of the Road Sixteen Rods from the River, and from thenee to Return on a line N. 24 des W. and to measure forty Rods, and from thence to Return to the River on a line S. 66 des W. bounded on lot No. 2 home to the River, be it more or less, and for a Road down the River to a Convenient place for Rafting of Boards or lumber. To begin at the S. Ermost side of the aforesaid Road between Lotts No. 1 & No. 2, to be five Rods wide from the River at said Road and to run on a straight line from thenee bounded on Lott No. 1 Down the River to a Cove below the bottom of the falls, and to leave there to said Road two Rods wide to the N. E. ward of the River and six Rods below the said Cove Down the River. And the aforesaid ten acres Granted to the said Ebenezer Hawkes &e. as Laid out Butted and Bounded as followeth. To begin at the sixteen Rods from the River on the N. Westermost side of the said Road bettween Lott No. 1 & No. 2, and to Measure on said Road forty six Rods and a half, and from thenee to Return on a line Running N. 24 des
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THE TOWNSHIP
W. bounded on Lott No. 2, and there to Measure thirty six Rods. And from thence, bounded on Lott No. 2, aforesaid, by a line Running S. 66 des W. and there to Measure forty four Rods and a half. And from thence, bounded on the aforesaid four Acres of Common Land by a line Running S. 24 des E. and there to Measure thirty six Rods to place where began. Therefore voted, that the said falls as is now Improved and as shall be by them Improved within the Term of five years, as Mentioned in the Grant aforesaid, with the Land here above Described with all the Rights, Privilegs and appurtenances thereunto belonging be and hereby is Given, Granted and Confirmed to the said Ebenezer Hawkes, William Goodwin, Isaac Turner and Ebenezer Stacey, to have and to hold the same, to them their heirs and Assigns to their only sole and proper use and Behoof for Ever, according to the true Intent and Meaning of the aforesaid vote passed Jan. ye 19, 1738, and that a Copy of the Platt of the same, now lying before the Proprietors, and this vote be entered and Recorded in the Proprietors' Book of Records in the presence of the Proprietors' Comtee."
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