COLLECTIONS
OF THE
MAINE HISTORICAL SOCIETY
SECOND SERIES
DOCUMENTARY
HISTOKY OP THE STATE OF MAINE
VOL. XXI
CONTAINING
THE BAXTER MANUSCRIPTS
EDITED
BY JAMES PHINNEY BAXTER, A. M., LITT. D.
PUBLISHED BY THE MAINE HISTORICAL SOCIETY, AIDED BY
APPROPRIATIONS FROM THE STATK
PORTLAND
FRED. L. TOWER COMPANY
1916
Copyright 1916
BY THE MAINE HISTORICAL SOCIETY
PHESS OF
FRED. L. TOWKR COMPANY, PORTLAND
PREFACE
THIS volume continues the story of the hard conditions
confronting the people of Maine after the close of the
Revolutionary War. They had made great sacrifices for the
preservation of their homes, many of which, located upon
land subject to conflicting claims, rendered their tenure inse-
cure, and many whose titles were unquestioned were too poor
to pay the taxes levied upon them by the Government for the
expenses of the war and its own maintenance ; in fact, they
were subject to innumerable difficulties which compelled them
to seek relief from the Government, which must have put its
members to their wit's end to devise measures of relief. To
attain a settled condition in the remoter parts of Maine was
for many years a task which must have seemed almost hope-
less to settlers and legislators. It was, however, at last
accomplished, and in a manner which reflects credit upon all
concerned.
As usual I am indebted to Mr. Edward Denham for the
Index.
JAMES PHINNEY BAXTER,
61 DEB RING STREET,
PORTLAND, MAINE.
January, 1916.
CHKONOLOGICAL TABLE OF CONTENTS
1785 Jan. 22 Letter Tho Rice to Hon. Henry Knox, . . 2
Feb. 21 Letter Henry Knox to Tho Rice, ... 2
March Amendment to Salmon Fishery Act, . . 1
April Letter Henry Knox to General Palmer, . 3
May Petition of William McCobb, ... 6
Governor's Speech, accepting office of Chief
Magistrate 9
May 30 Governor's Message, 11
June Acct of Naval Officer, Port of Machias, . 11
Report of Committee on Unappropriated
Lands, 11
Petition of Selectmen of Falmouth, . . 14
John McCracken Petition 15
Petition of Moses Ames in behalf of town
of Fryeburg, 16
Report on Returns for Continental Valua-
tion, 17
June 3 Report of Committee on Lands in Co. of
Lincoln, 18
In re Unappropriated Lands in County of
Lincoln, 18
Declaration of Thos. Boyd Jr., ... 21
Orders on petition of Wm. McCobb, . . 24
Testimony of Andrew Wall, .... 25
June 21 Bill for Limiting Personal Actions to the
County wherein one of the Parties Dwell, 26
June 24 Re: selling Confiscated Estates in the
County of Cumberland, .... 27
June 25 Governor's Message, 29
June 27 Beauchamp & Leverett Resolve, ... 30
June 28 Action on petition Administrators Waldo
Estate, 35
July 1 Waldo Claim, 36
Petition of Francis Shurtleff and testimony
in case, 37
Petition of Inhabts. of Majorbigwaduce, . 39
July 14 Letter Geo. R. Minot to General Knox, . . 3
Aug. 16 Letter James Hall to General Knox, . . 4
Aug. 27 Acct of Light Money, Port of Passama-
quoddy, with letter from Naval Officer, . 40
Oct. 20 The Govr's Speech Oct. 20, 1785 & Action
on same, 41
Vlll CHRONOLOGICAL TABLE
1785
1786
Oct.
24
Memorial of James Sullivan with petition of
Inhab. of Frenchman's Bay,
54
Petition of Inhabts. Thomaston, .
58
Letter Jona Peele,
60
Re: Sale of land in Cumberland County, .
60
Action in re Joseph Penrice, et als, .
61
Report of Naval Officer, Port of Goulds-
borough,
62
List of Towns who have made return of
number of their polls,
63
Nov.
2
Letter of resignation from William Lithgow
Jr
64
Govr's Message, ......
65
Order to examine returns of Senators, .
66
Nov.
14
Petition of Job Averell & Thereon, .
66
Nov.
24
Governor's Message, .....
68
Nov.
25
Report of Committee Appointed to Consider
the report of the Committee on Unap-
propriated Lands in County of Lincoln
& Resolve on same
69
Statement of the Kennebec Claims, .
72
Resolve re public property at Post of Penob-
scot,
119
Petition of Samuel McCobb and Action
thereon, . . ...
119
Nov.
29
Letter from William Lithgow Esq., .
121
Nov.
30
Re: William Webb's Letter, ....
123
Letter Robert Craig to General Knox, .
5
Petition of John Vinal in behalf of town of
Fox Island,
123
Governor's Message, .....
124
Dec.
14
Acct. of fees, Port of Boothbay, .
124
Jan.
20
Letter Richard Trevett to Thos. Ivers &
Acct. of fees,
125
Certificate of James Lunt Jr., .
126
Jan.
27
Petition of Mary Ellis of Falmouth, .
127
Feb.
1
Nath'l Green Moody's Petition, .
144
Petition of Suncook Inhabts.,
144
Petition of Jonathan Powers,
145
Feb.
2
Certificate in re Francis Hatch Jr., .
147
Memorial Francis Hatch Jr. & Action
thereon, .......
148
Feb.
8
Treasurer's Letter to E. Bridge Esq., .
150
Feb.
10
Governor's Message, .....
151
Feb.
14
Governor's Message, .....
152
Feb.
17
Report of Richard Trevett, ....
153
Feb.
20
The Petition of Jere Hill & Others, .
135
OF CONTENTS
IX
1786 Feb. 22 Report of Committee on Kennebec Claim, 156
Feb. 27 John Reed's Petition & Action thereon, . 157
Mar. 3 Resolve on Petition of Inhabts of Shapleigh
& Lebanon, 159
Mar. 4 Resolve on Petition of Paul D. Sargent, . 160
Memorial of Paul D. Sargent, . . .162
Mar. 7 Re: Bill Regulating Townships, . . .162
List of Towns that have not made returns
to Treasurer, 163
Mar. 13 Re: Petition Jos. Chadbourne, . . .166
Petition of Joseph Chadbourne, . . . 166
Mar. 16 Petition of John Nichols re town of Wash-
ington & Action thereon, .... 167
Memorial Paul D. Sargent and action
thereon, 168
Mar. 21 Message of Governor 170
Memorial Inhts. Moose Island, . . . 171
Mar. 22 Petition of Inhabts of Cumberland and Lin-
coln Counties in re Canal and Order, . 172
May 13 Mr. Thomas Child's Acct 176
May 16 Petition of Abijah Buck and Others, . . 179
May 17 Letter from James Lyon to James Avery, . 182
May 24 Petition of Town of Machias, . . .128
Petition for the Regulation of Fishery on
Saco River, 133
Petition of James Avery, .... 134
Petition of William Hagget, . . . .134
Petition of Inhabitants of Shapleigh, . . 136
Valuation of Counties in 1786, . . .136
May 26 Acct. Richard Trevett, 183
May 31 Petition of Benj. Sawyer 185
June 2 Letter from Caleb Davis Esq., . . . 186
Petition of Ichabod Goodwin & Others, . 187
The Govr's Speech to the General Court, . 188
William Lithgow & Al. Inhabts. of Lincoln
County in re Light House at Seguin, . . 198
Petition of the Masters of Vessels & als In
f re light-house, 200
June 6 Report on Part of Governor's Speech, . . 201
Letters, etc. from George Billings, . . 201
Petition of the Inhabitants of the Upper
Plantation West Side of Penobscot, . 208
June 7 Petition of Selectmen of Pownalboro in re
Wiscasset 210
June 8 Governor's Message 210
June 10 Acct. Stephen Smith, Naval Officer, . . 212
June 13 Petition of Abijah Buck and Others, . . 181
X CHKONOLOGICAL TABLE
1786 June 15 Letter from E. Storer to Governor inclosing
Memorandum of Grants in New Town-
ships * . . . . 141
Acct of Grants of Lands to Harvard College, 142
June 15 Petition of Paul Reed & Action thereon, . 214
June 15 Johnson Moultons Acct. Sheriff of York, . 222
June 19 Governor's Message, 225
June 24 Bill Empowering the Sessions to lay out
roads, 225
June 29 Petition Selectmen of Falnaouth & Order on
Same, 227
July 3 List of Towns which have not Returned an
acct. of their assessments of No. 5 tax
granted 1786, 229
July 7 Governor's Message, 230
July 18 William Webb's Acct. as Naval Officer of
Bath 231
Aug. 30 Rich'd Trevett Acct 232
Sept. 29 Petition of Nathaniel Low, .... 233
Oct. Petition of Bridgetown Plantation, . . 235
Petition of Arundel, 56
Oct. 4 Governor's address in re Indians, . . 236
Report of Committee on Penobscot Indians, 239
Report in re Cannon lost Penobscot Expedi-
tion, . 242
Letter of Committee in re Indians, . . 243
Letter of B. Lincoln to Governor, . . 245
Letter of Committee to Governor in re In-
dians, 247
Oct. 12 Eliakim Ayers Petition, 249
Oct. 16 Petition from Settlers in Township No. 10
or Eddys., 250
Oct. 18 Petition of Inhabitants of Parsonfield, . 251
Oct. 21 Re: Petition of Mark Lord, .... 253
Nov. 7 Governors Message respecting claim of
Monsr Gregoire & Lady to Lands, . . 255
Nov. 11 Governors Message Nov. 11, 1786, . . 256
Nov. 15 Re: Petition of Dan'l Pierce, . . . 257
Petition of Daniel Pierce & Accompanying
Documents to foregoing, .... 260
Resolves in re Petition of Bridgeton, . . 262
1787 Petition of Isaac Smith & others, . . 263
Petition of Francis Whitmore, . . . 264
Petition of Sam'l Peirson & John Frothing-
ham, 266
Petition of John Baker et al, and Action
thereon, 267
OF CONTENTS XI
1787 List of Salaries 270
Jan. 9 Petition of Benjamin Libby, .... 271
Jan. 16 Petition of Henry Dearborn & Others, . 272
Jan. 31 James Gillmore & others Public Creditors, 273
Feb. 7 An Act defining the times and places Where
Certain Courts shall sit, etc. and Action
thereon 275
Feb. 12 Bill for Regulating the Commencement of
the year 279
Feb. 14 Petition of Inhabitants on the Easterly side
of Androscoggin River 280
Feb. 15 Memo of John Sullivan for appt of Comm
to examine A/C 8 &c of Saml Lord 3d de-
ceased & Action thereon 282
Feb. 21 Petition of a Committee of the Town of
Lebanon in County of York, . . .302
Feb. 22 Act for rendering processes in Law less ex-
pensive, 305
Extract from Document entitled "Choice of
Town Officers, &c, 308
Feb. 27 Report of Committee re Petitions of Brown-
field, Francesboro, Raymondston, Otis-
field, Bridgetown, Canaan & No. 1, 3, 4, 5,
6 & 22 Plantations 315
Memorial Inhabitants of Canaan & action
thereon 317
Petition of Raymondtown, .... 320
Petition of inhabitants of Otisfield PL, . 322
Memorial of the Delegates for the several
Towns and Plantations, east side of Union
River 324
List of the Polls, and Real and Personal es-
tate, of the several Proprietors and Inhab"
of the Plantation of Brownfield, . . 326
Executions in the hands of John Wait, . 330
Resolves in Senate re taxes of Francesboro
&c, 331
Petition Inhabts. Town of Francisboro, . 332
Resolve in re abatement of taxes for Brown-
field, 334
Petition of Joshua Lamb of New Canaan, . 334
Feb. 28 Report of the Committee for selling land in
County of York, 335
Report of Committee on Petition of Mons.
Gregoire, . . ... . . .336
Petition of Joshua Bracket of Shapleigh and
Resolve on same, 337
Xll
CHRONOLOGICAL TABLE
1787 Mar. 2 Petition of Richard Jones & others, . . 339
Mar. 3 Apportionment of Senators & Order of
House, ....... 341
Extract from the Valuation Book, . . 342
Mar. 6 Memorial of Representatives from the East-
ern Counties 343
Mar. 7 Treasurer's Acc't of Fines Laid on Towns, . 345
Letter from treasurer re taxes County of
Hampshire, 346
Mar. 8 Petition of Mon. Gregoire, .... 346
Report on Petition of the Gregoire Claim, . 348
Mar. 10 Order of House in re Petition of Inhabts. of
Gouldsborough 350
Petition of Inhabts. of Gouldsborough, . 352
May 3 Order for Treasurer to pay Committee on
Eastern Lands, 353
May 14 Instructions to the Deputies of Freetown, . 354
May 20 Petition of Town of Pownalboro, . . 355
June 5 Report of committee respecting Fishery in
three Eastern Counties, and Action on
same 356
June 11 Petition from town of Berwick, . . .357
June 18 Actioft on Petition of Ebenezer Owen, . 358
June 20 Petition of Inhabts. of Islands in Penobscot
Bay & Order of House, . . . .360
Draft Bills re Islands in Penobscot Bay &
Action thereon 361
Petition for grant Indian lands, . . . 362
June 21 Petition of Isaac Winslow, .... 363
June 23 Petition of Alex r Barr & Resolve on same, 364
June 29 Petition Portland Convention & Action on
same 365
July 2 Petition of Machias & Thereon, . . . 367
July 6 Memorial of James Gilmore et als, . . 375
Sept. 5 An Address Re: Three Eastern Counties, . 376
October Petition Inhabitants of Waldoboro, . . 379
Parsonfield Petition, 380
Oct. 8 Petition of Westport 382
Oct. 19 Elisha Brown's Petition, .... 383
Oct. 24 Letter of Rufus Putnam 385
Oct. 29 Re: Petition Jonathan Davenport, . . 385
Jonathan Davenport's Petition, . . . 386
Nov. Re Petition Josiah Pierce, .... 387
Petition of Josiah Pierce 388
Petition of Joseph Storer, . . . .389
Nov. 6 Treasurer's Letter with Statement, . . 390
Nov. 8 Petition of New Gloucester 391
OF CONTENTS
Xlll
1787 Nov. 9 Re Petition Hannah Mann, . . . .391
Memorial of Hannah Mann, .... 392
Nov. 10 Re Petition of Ezekiel Pattee, . . .393
Petition Ezekiel Pattee 394
Nov. 12 Bill for Instituting a Registry of Deeds in
Each Town 395
Nov. 14 Re Petition Town of Norridgewalk, . . 397
Petition Inhabitants of Norridgewalk, . 398
Order in re Petition of David Gardner, . 399
Memorial of David Gardner, . . . 400
Nov. 15 Representation of Treasurer, . . . 400
Petition of Henry Howland, . . . 401
Nov. 16 Treasurer's Bill About Statements, . . 402
Nov. 17 Petition of Jabez Jones & Wm. Cobb, & Ac-
tion thereon, 402
Nov. 19 Re. Laying out Roads in Lincoln County, . 404
Nov. 20 Resolve on Jabez Jones & Wm. Cobb's peti-
tion, 405
Nov. 21 Petitions Ordering the Treasurer to stay Ex-
ecution against the town of Union, . . 405
Nov. 21 Petition of Josiah Reed, .... 406
Petition of Jonathan Amory, . . . 407
Petition of John Taylor, .... 407
Resolve on Petition of Noah Parker, . . 408
Memorial of Noah Parker, .... 409
re: Waldo Claim, 411
Protest of Henry Knox, .... 412
Report of Committee on Roads and Action
thereon, 414
Resolve Unlocated lands 416
Nov. 22 Re: Petition of Sam'l McCobb, . . .418
Petition of Samuel McCobb, . . . 419
Certificate of Wm. Lithgow, . . .419
Land Lottery Bill 420
Committees to visit towns, in re Resolve for
methodizing Accts 422
Nov. 24 Resolve for Discharging the Committee for
sale of Eastern Lands, .... 423
1788 Jan. 7 Petition of Penobscot, 423
Jan. 25 Bound 8 of the Town of New Gloucester, . 426
Feb. 4 Petition of Gideon Philbrick with Deposi-
tions, 433
Canaan Petition for Abatement of Taxes, . 428
Feb. 6 In re Township No. 6, 429
In re Township No. 4, 429
In re Township No. 5, 430
Petition of Plantation of Norridgwalk, 430
XIV CHRONOLOGICAL TABLE
1788 Feb. 8 Selectmen Vassalboro' Petition, . . .436
Feb. 9 Depositions in re Georgetown, . . . 432
Feb. 12 Petition of Lewiston, 437
Representation of the Comptroller General, 438
Feb. 26 Petition of Raymondstown 440
Petition of Town of Scarborough & Action
Thereon, Treasurer's Receipt and Af-
fidavits, 442
Feb. 29 Petition of York 447
Memorial of Plantations in Lincoln Co., . 448
Resolve on Petition of Gideon Philbrick, . 450
Mar. 6 Sam'l Darby's Petition to the General Court, 450
Mar. 10 Petition of Bunker Farwell & Action there-
on, 451
Report on the Representation of Comp-
troller General, 455
Mar. 15 Capt. Jesse Johnson's Petition, . . . 456
Petition of Eben Prout, .... 456
Hallowell Petition & Order on same, . . 457
Joseph Boyd Petition & Order on same, . 460
Mar. 17 Governor's Message, 462
Mar. 19 Petition of Edmund Bridge 463
Mar. 24 Re Lands Sold by Committee on Eastern
Lands, 464
DOCUMENTARY HISTORY
OF THE
STATE OF MAINE
Amendment to Salmon Fishery Act.
Commonwealth of Massachusetts In the year of our Lord
one thousand seven, hundred & Eighty five
An Act, for altering one Clause in an act passed Octo r 24 th
1783 Intitled an act to Regulate the Catching of Salmon,
Shad & Alewives and to remove & prevent obstructions in
Merrimack River & in the other Rivers & Streams runing
into the same within this Commonwealth
Whereas in the fourth enacting Clause of the aforesaid act,
it is enacted that no person or persons shall at any time catch
any Salmon Shad or Alewives with Sienes, nets, pots or any
other way at the mouth or Entrance of any of the aforesaid
Rivers or Streams or within Eighty Rods of the Same
whereby all persons are prohibited fishing at any time at the
mouth of said Merrimack River, be it therefore Enacted by
the Senate & House of Representatives in General Court
Assembled & by the authourity of the same that any & every
Person has full Liberty to Catch fish in any way at the mouth
of Merrimack River aforesaid on Such days as is allowed by
the Law aforesaid.
In the House of Representatives March 14, 1785
This Bill having had three several Readings passed to be
Engrossed
Sent up for concurrence
Sam A Otis Spk r
2 DOCUMENTARY HISTORY
The Legislature of the State of New Hampshire having,
by request of the Legislature of this Commonwealth, passed
a similar Act to that passed Octo. 24, 1783 how far will
it be thought by that State generous to extend the fishery
at the mouth of Merrimack River beyond the Liberty given
by said Act without first proposing it to that State ?
Pownalboro Jan'y 22, 1785
Sir:
I herewith transmit the copies & Extracts you wrote for,
and must beg pardon for not sending them sooner. I re-
ceived your first letter when from home, and on my return
laid it by and thro divers avocations & Businesses it escaped
my memory. Upon the receipt of your other letter I ap-
plied myself to the work, and take this first opportunity to
send them. It has cost me much Time as I had to go
through the whole Records, and hope they will answer your
purpose ; the paper I made use of is bad, but the best I could
procure here The Time & Trouble it has cost me I think
is worth Ten Dollars which please to pay the Bearer.
I am with due regard your most humble
Servant Tho Rice
Hon ble Henry Knox Esq
Boston Feb'y 21, 1785
Sir
I have written to you repeatedly for certain papers rela-
tive to the Estate of the late Thomas Fleecker, Esq. r I have
sent three copies of the same tenor and date I request
you in the most earnest manner that you would immediately
OF THE STATE OF MAINE 6
forward me the papers I have requested in those letters, and
you shall be paid the customary fees upon the receipt thereof.
I am Sir
Your hum 1
H. Knox.
Tho s Rice Esq.
Forwarded by Steward Hunt
who lives within half a mile of Mr. Rice.
Boston 5 April 1785
Sir
I should have answered your letter immediately upon its
receipt but I was not possessed of the circumstances which
would enable me to do it with propriety. Indeed this is the
first opportunity I cannot settle the amount which you
state against Mr. Fleecker's Estate This must be the work
of Commissioners who may be hereafter appointed to examine
all the claims which shall be brought the Estate All that I
can observe in general that candor, and integrity, on both
sides will be the only valid means by which the party deficient
expect to derive confidence and forbearance
I shall return here in June, when it is probable I shall
wait upon you and enter more minutely into the affairs.
I am Sir
Your humble s*
H. Knox.
Gen er Palmer
Boston July 14, 1785
Dear Sir
The Gen 1 Court having, after your departure, passed a Re-
solve relative to the claim under Beauchamp & Leverett, I
have inclosed it for your inspection. As it was a long time
4 DOCUMENTARY HISTORY
in the Governour's possession I did not know whether it
would finally pass or not, & therefore began to copy the pro-
ceedings from the Journal relative to this subject which I
will finish & transmit if you shall be in need of them.
I am Sir
Your humb. Serv 1
Geo. R. d Minot.
Gen 1 Knox
N York
Boston August 16, 1785.
Sir
I arriv'd here from St. Georges the 30th of July last, with
156 Hogds. Lime. Was in hopes to have seen you before
you left Town. I receiv d your letter by the hand of Mr. I.
Winslow Jun r . I ^hould have wrote you before had I not
Expected you down to St. Georges after the last session of
the Gen 1 Court was over It was out of my power to com-
promise matters with the Lime burners, there was not one
that would comply fully with the Terms, that was Nath 1
Fails Col Jones Representative for the Town Bristol Sent
a Circular Letter to the Towns and Plantations on the patent
which made a Great of uneasiness for a while. I have In-
closed you a Copy of the Letter which Accidently fell into
my hands. Col Wheaton and my Self thinks it highly
necessary for you to come down this Fall as there is a great
deal to be done this winter if the business is Carried on an-
other Summer. Excepting these Lime burners can be Stop d
Burning, it would not be worth our attention another year,
there is five kills in Thomaston, two of them built new this
Summer everything Round us looks in a ruinous Situation,
there is a fence wanting to inclose the two Farms, of one mile
and a half in length we find it very hard in raising our
Of THE STATE OF MAINE 5
Lime Stone Expect to burn Nine Hundred Hogds Lime
kills very dull here. I shall sail tomorrow for St. George
I am Sir with Respect
Your very Humb 1
Serv 1 James Hall
Gen 1 Knox.
Neguntecook Harbour, November y' 30 th 1785
His Excelance General Knox:
Honored Sir i am sory that I am oblidged to trouble you
on account of a Lot of Land I agreed with Esq r Fleecher for
as i informed you last June in Boston and Showed you a
letter, I had to have it run, but it was Negglected. if your
Honour will be so Kind as to send me sumthing to Show that
I have your apperabation as I have from Esq r Fleecker and
any pertickler spot as y e N. E poin which is the front of said
land that I now and have been on and had interest there
these twelve years the pitch of the point my line will not
toweeh there my be 4 or 5 acers ledges and all to y e Soward,
and I hope you will be so kind as to send for me to have all
the point it being no advantage to any person what it will
be to me for it is Narra with Ledges from Bay to ye cove
your Honour: told me to adject of Joseph Richards y e 2 d
for He has Sitt dwn on the front of my lot but having no a
thoraty only my Own word, My attorney thought it best to
Sew for trespas so I have and I hope you will asist me for I
am the Only person in this Nabourhood that came on by way
of propriators if they can Gett the beter of me in court, for
want of your asistance it will cost a considerable for me here
is another Difficulty all most Every one has run their Lines
to Sutt their fancies that I can make no fence until I have
my place run with out giving up all my front Sir I pray
6 DOCUMENTARY HISTORY
and hope for your asistance; Mr. James Minot and y e
widow Minott both can inform your Honour confering this
lot I am on I conclude your Most Humble Servt.
To command
Robert Craig.
His Excelance
General Knox Esq r .
Petition of William M Cdbb.
Commonwealth of Massachusetts
To the honorable Senate & honorable House of Representa-
tives of the Commonwealth of Massachusetts in General
Court assembled
The Petition of William McCobb of Boothbay in the
County of Lincoln Humbly sheweth
That in the month of February Anno Domini 1780 a Com-
plaint was regularly preferred to your Petitioner as a Jus-
tice of the Peace for the said County against Patrick
McGuyer, Thomas McGuyer and Ebenezer Fullerton all of
the same County upon a Law of the then State of Massa-
chusetts entitled "An Act for prescribing and establishing
an Oath of Fidelity and Allegiance" passed in the year 1777,
as persons inimical to the United States of America that
in consequence of the said Complaint the said Patrick Thom-
as & Ebenezer were legally convened before your petitioner,
who tendered to them severally the Oath of fidelity required
by the said Act, but the said Patrick Thomas & Ebenezer
obstinately persevered in their refusal to take the same Oath,
whereupon your Petitioner after much persuasion with the
said Patrick, Thomas & Ebenezer to no purpose was com-
pelled tho' very reluctantly to issue his Warrant of Com-
mitment against the said Persons; pursuant to which they
OF THE STATE OF MAINE 7
were all conveyed to the common Goal in the said County,
but before they were actually committed to Prison, they made
Application to Jonathan Bowman Esq r who lived in the
neighbourhood of said Goal, & expressed a desire of taking
said Oath rather than go to Goal Whereupon M r Bowman
& Charles Gushing Esq r then Brigadier of the same County
wrote to your Petitioner advising him to liberate the said
Persons upon their taking the said Oath especially as they
appeared to be very penitent That upon the Receipt of those
Letters your Petitioner immediately laid them before the
Committee of Safety for the said town of Boothbay and took
their advice as to the measure therein proposed which the
said Committee approved of & thereupon your Petitioner
immediately went to the said Goal which is thirty miles dis-
tant from his place of Residence & administered the said
Oath to the said Persons, and then discharged them, previous
to which they each of them gave your Petitioner a note of
hand for the sum of One hundred & twenty one pounds ten
shillings in the then currency for the costs that had already
arisen, & some time afterwards they came to your Petitioner
paid him the money & took up the said notes without making
any Objection thereto in a little time after this the said Per-
sons began to propagate a report very injurious to your Pe-
titioners Character that he had altered each of the said notes
while in his hands from the said sum of One hundred &
twenty pounds ten shillings to the sum of One hundred &
thirty pounds ten shillings & the said Thomas McGuyer
actually brought his Action against your Petitioner for
money had & received to the amount of the last mentioned
sum, Whereupon your Petitioner at the particular request of
the said Thomas & the others agreed that the said action
should be dropped & that all matters in controversy between
your Petitioner & each of said Parties respecting said mat-
ter should be left to the Arbitration of John Stinson Esq r &
8 DOCUMENTARY HISTORY
two other Gentlemen & at the same time it was agreed be-
tween the said parties that neither of them should have an
Attorney before the said Arbitrators that some time after-
wards the said Arbitrators met upon the said Business when
your Petitioner was very much surprized to find that the said
Persons had procured an Attorney contrary to their said
Agreement who insisted on arguing their cause before the
Arbitrators tho' your Petitioner strongly objected to it as
being very unfair, but as the said Attorney persevered in his
resolution your petitioner was obliged to send twenty miles
to procure an Attorney on his part, but without success &
thereupon consented by the persuasions of the said Arbi-
trators to come to a hearing without any attorney That
upon the trial the said Arbitrators refused to admit the tes-
timony of a man who was introduced by your petitioner as a
witness merely because he had been formerly a complainant
against them the said 'persons, That the said three persons
were each admitted as Evidence for the others tho' your
petitioner has since learned & can now fully prove that they
were all equally interested in the vent of each suit, & that
they had entered into an agreement before the trial to bear
their equal proportion of the costs that might arise in the
pursuit of all the said suits That after this unequal hear-
ing was over the said Arbitrators published their Award
wherein they determined that your petitioner should pay to
the said Thomas McGuyer, Patrick McGuyer and Ebenezer
Fullerton a large sum of money each amounting in the whole
to near Eighty pounds lawful money in specie & all upon this
Idea that your Petitioner did in truth alter the said notes,
which they could only gather from the partial Evidence of
the said Persons for each other, & also from a mistaken notion
that the Arrest of the said Persons was illegal because they
conceived that the said Law was unjust, but they ought to
have remembered, that tho' the Law might be unjust, yet
OF THE STATE OF MAIXE 9
your Petitioner was obliged by the Law to arrest the said
Persons upon complaint being made to him as aforesaid
That your Petitioner conceiving the said Award to be unjust
& highly injurious to his Character refused to comply with
it, whereupon the said Ebenezer Fullerton brought his Action
upon the Arbitration Bond against your Petitioner, who by
the advice of his Counsel became default & appealed for a
hearing in Chancery upon the Supposition that the facts
aforesaid might be there disclosed & taken advantage of but
your Petitioner is now informed that those facts can be only
taken advantage of by a special plea in a Common Law Court,
he therefore most earnestly prays your honors that the said de-
fault may be taken off that he may have an Opportunity of a
fair hearing & of vindicating his Character as a Man & public
Magistrate from the injurious aspersions that have been
thrown upon it & as in duty bound will ever pray.
W m M c Cobb
May 1785
Governor's Speech.
Gentlemen of the Senate and Gentlemen of the House of
Representatives.
You having done me the honour of electing me to the office
of chief magistrate of the commonwealth, I take this oppor-
tunity of declaring my acceptance of it.
I have a due sense of the honour you have conferred, and
shall express it more fully, as soon as may be after the com-
plete organization of the government. I have understood,
Gentlemen, that several things have, with great assiduity,
been suggested to the disadvantage of my political character ;
10 DOCUMENTARY HISTOET
and particularly that I am under british influence. The
other suggestions (so far as I have heard of them) are of
little importance: but this is of such a nature, that I find
myself obliged to take some notice of it. I would therefore
observe, that an honest man, whose character as such I am
conscious belongs to me cannot take the oath of office required
by the constitution, and at the same time be under Such an
influence.
That oath was deemed a sufficient guard against the in-
fluence suggested; and my taking it may satisfy you, there
was no ground for the suggestion. But, Gentleman, as it is
Essential to the good of the commonwealth, that the people at
large and the General Court in particular Should have a firm
trust and confidence in the integrity of their first magistrate,
my duty to them, and to my own character, requires, that I
should explicitly declare at my first entering upon that im-
portant office, and f do accordingly declare that I never have
been, that I am not, and (so far as a man can affirm in regard
to his future conduct) that I will not be, under any foreign
influence whatever: but on the contrary, that the whole of
my administration shall, in every respect, according to my
best knowledge and ability, be conducted by the principles
of the constitution. Though this declaration may be un-
necessary with regard to you, Gentlemen, as I am sure it is
in regard to those who are fully acquainted with my political
principles and character, it may notwithstanding be needful,
in reference to the good people of the commonwealth in gen-
eral, especially as the suggestions above-mentioned have been
very widely disseminated.
I am now ready, Gentlemen, to take the oaths of office,
pursuant to the requisitions of the constitution
James Bowdoin
In Senate May 27, 1785, read & sent down
S. Adams, Presid 1
OF THE STATE OF MAINE 11
Govr's Message.
Gentlemen of the Senate & Gentlemen of the House of Repre-
sentatives
Your Message of this afternoon informed me, that the two
Branches of the General Court are ready to receive any com-
munications, which the Governor may think proper to make
to them. In return to that message I would acquaint you,
Gentlemen that I purpose to meet you in the Senate Chamber
tomorrow at twelve o'clock, when I shall lay before you
several matters for your consideration.
James Bowdoin
Council Chamber, May 30, 1785 p m
Acct of Naval Officer, Port of Machias.
Sir Machias June 1785
Inclosed you have an ace* of Light Money collected in my
office by which you will observe a bal of 16 .. 4 .. 5 in my
hands, which I shall Transmit by M r John Palfrey who Sails
from this in a few Days the want of a safe & good oppor-
tunity has prevented my sending it before this
I am respectfully, Sir your most Ob* Hble Sv*
N Off Port of Machias Stephen Smith
Superscribed: Thomas Ivers Esq r Treasurer, Boston.
Report of Committee on Unappropriated Lands.
Commonwealth of Massachusetts
June 1, 1785
The Committee appointed by a Resolve of the 28 th of Oct r
A. D. 1783. on the subject of unappropriated lands in the
County of Lincoln and by a Resolve of the 10 th of March
A. D. 1785 to sell sundry parcels of lands belonging to
12 DOCUMENTARY HISTOBY
this Commonwealth and lying in the County of Cumberland
take leave to report, that agreeable to the Resolves of the
General court they have attended in their office in Boston on
the first and third Wednesdays and Thursdays in each month,
and at such other times as the business assigned them particu-
larly required
The Committee since their appointment have received the
applications of persons settled on the lands of Government in
the County of Lincoln, who have expressed a Desire that the
lands whereon they are settled may be granted and confirmed
to them, on such terms as Government shall think reasonable,
for about one hundred thousand acres exclusive of the twelve
townships so called
The Committee have also received applications from per-
sons who have expressed a Desire to become purchasers of
the unappropriated lands of the Commonwealth in that
County for several tracts amounting, in the whole, to three
hundred & thirty thousand acres or more ; about two hundred
thousand acres of which lye in the neighbourhood of Penob-
scott river, the Waldo and Indian Lands, and which cannot
be located or disposed of till the boundaries of the Grant to
Beauchamp & Leverett, and the authenticity of the Indian
titles to lands on that river are assertained.
The Committee have surveyed and located about one hun-
dred and eighty seven thousand acres of said unappropriated
lands, the expence of which surveys amount to two hundred
& fifty pounds being one farthing and one third of a farthing
per acre nearley
And further to forward those surveys the present year the
Committee have engaged Rufus Putnam Esq r and three
other surveyors to act under him, with eighteen hands as
chainmen; &c. to proceed next week, with six months pro-
visions, to the County of Lincoln to continue the surveys
begun the last year, in the passamaquoddy Country to
OF THE STATE OF MAINE 13
survey some Islands, and other lands in that County the
chainmen at three pounds per month, and the said under
surveyors at six, seven, and eight, and the said Putnam at
twelve shillings per day
The Committee are induced to forward the surveys the
present year considerably, that they may have in readiness
for sale different tracts of said lands to suit different pur-
chasers ; and because they are induced to believe they cannot,
after the present year, have the assistance of their first and
principal surveyor
The Committee have advertised the lands already sur-
veyed for sale, with a description of the quality and situation
thereof, by dispersing printed advertisements in the several
parts of the Commonwealth
The Committee have also entered into several contracts
with purchasers of the aforesaid unappropriated lands in the
County of Lincoln with Moses Knap Esq r and Company
James Swan Esq r Col Paul D Sargent Col Allen
Col Eddy and others which, together with the proposals made
respecting the five townships amount to twenty thousand
pounds in Government securities, and the lands sold & con-
tracted for, amount to about seventy nine thousand acres, and
average at the price of four shillings one farthing per acre
nearly, and the expences of laying out and selling said lands
are hitherto something less than two per Cent on the proceeds
of the rates considering said securities at their nominal
value.
The Committee are fully convinced that the rate of the
unappropriated lands of the Commonwealth in the County
of Lincoln would be greatly expedited by assertaining, as
soon as possible, the bounds of the grant to Beauchamp and
Leverett and the lands to be held by the Penobscott Indians
as the lands on penobscott river, and between that and Kenne-
beck river from their quality and central situation appear
14 DOCUMENTAEY HISTOEY
by the applications of purchasers for them to be much more
saleable than any other lands in that County The Com-
mittee have attended to the Claims of the Plymouth Com-
pany so called, and shall in a day or two report a Statement
thereof and as soon as may be a statement of the other
Claims laid before them to the lands in that County wherein
the Commonwealth appears to be interested
S. Phillips jun r
Nath 1 Wells
Committee
Nathan Dane
In Senate June 1 1785
Read and Committed to Richard Cranch & Josiah Thatcher
Esq rs with such as the Hon ble House shall join
Sent down for concurrence S. Phillips j r Presid*
In the House of Representatives June 2 d 1785
Read and concurred & M r Shepherd, M r Choate & M r
Jones are joined
Nathaniel Gorham Speaker
Petition of Selectmen of Falmouth.
To the Honorable Senate, and the Honorable House of Rep-
resentatives of the Commonwealth of Massachusetts
in General Court assembled
The Petition of the Subscribers Selectmen of the Town
of Falmouth in the County of Cumberland humbly
sheweth
That about thirty years ago the General Court of the said
Commonwealth granted a Lottery for the building of a
Bridge over Pesumpscot River in said Town of Falmouth
That a Bridge was accordingly built over said River but
is now very much out of repair and indeed is in such a Con-
dition that it is become dangerous to pass over the same
That the Town is not liable to maintain the same, nor is it
OF THE STATE OF MAINE 15
possible under the present circumstances attending it, which
will be particularly represented to your Honors by Joseph
ISToyes Esq the Bearer hereof to have it repaired, without the
interfering Aid of this Honorable Court
It is a Bridge necessary to be pass'd by all who travel to
the County of Lincoln and the eastern part of this County
and would be of very great public advantage if it were in
good Repair
Your Petitioners therefore in behalf of this Town in par-
ticular and to benefit & accommodate the Country in Gen-
eral humbly pray that your Honours would grant a Lottery
for the purpose of repairing said Bridge, & keeping the same
in good repair in time to come and as no Lottery since that
above mentioned has been granted to this part of the common-
wealth for any purpose whatever they humbly hope your
Honors will not deny their request And as in duty bound
will pray
Nath 1 Earll,
Joseph Noyes,
Falmouth, June 1, 1785 James Frost.
John M c Cracken Petition.
The honourable the Senate and House of Representatives of
the Commonwealth of Massachusetts
The Petition of John Mackriken most humbly sheweth
That he served on board the Sloop Providence in the ex-
pedition against Penobscut in the year 1779, that after the
destruction of the fleet, your Petitioner, having received a
bad wound in his heel, and having suffered much in passing
the Woods, proceeded to Boston, from whence he went to
Charlestown on board the Ship Providence, and was among
the prisoners at the surrender of that place Your Peti-
tioner not having received his Wages for the term of Service
16 DOCUMENTARY HISTORY
before mentioned, nor any other recompence he therefore
requests your Honours will consider his unfortunate circum-
stances and allow him such compensation for his services &
sufferings as to your Honours shall seem meet
and your Petitioner as in Duty bound will ever pray
his
John X MCraken
mark
Petition of Moses Ames in behalf of town of Fryeburg.
Commonwealth of Massachusetts
To the Honourable the Senate and the House of Representa-
tives in General Court assembled June 1785
The Memoreal of Moses Ames in behalf of the Town of
Fryeburg humbly Shewith, That the Town of Fryeburg was
Doom d in the Valuation Settled in the Year 1778, by Reason
of their not Receiving the Requisition from the General
Court, ordering them to Render an account, of the Polls, and
Rateable Estate, within said Town, till after the Valuation
was Settel'd that upon Aplication being made to the General
Court in the year 1780, the Court Resolv d that the assessors
of said Town Should Stay all Proceedings on the then Last
tax act till Provision of the Valuation Should take place
That on application being made to the General Court in
the year 1781, Febr y 16 th The General Court Resolv d That
the Treasurer of the Commonwealth be Directed to Stay all
Executions from the Town of Fryeburg untill Further order
of the Generall Court, provided said Town of Fryeburg,
pays in the one half of all Taxes laid on said Town, Since the
Last Valuation was taken Your Memoreilist begs Leave to
observe that the Town of Fryeburg was Doom d more than
Double what it ought to have ben as appears by the Settle-
ment of the last valuation, and Still Stands Charg d on the
OF THE STATE OF MAINE 17
Treasurers Book, for the whole Sum (Except the Gold and
Silver Tax)
Your Memoreilist humbly prayes that this Honr bl Court
would Excuse the Town of Fryeburg from such a part of all
the Taxes laid on them as may by the last Valuation appear
more than their just proportion by Being Doom d as aforesaid,
or Releave the said Town as your Wisdom Shall see fitt
and your Memorilist as in Duty bound Ever prayes
Moses Ames
Report on Returns for Continental Valuation.
Commonwealth of Massachusetts
In the House of Representatives June 1785
the Committee appointed to Examin what Returns have
been made into the Secretarys office from the Several towns
for taking the Continental valuation, Beg Leave to Report
the following State of facts viz.
that they find many of the Returns made not to be accord-
ing to Law, many of them are made in Gross and without a
Certificate from a Justice of the peace of the assessors having
taken the oath as pointed out in the Law for taking said
valuation
and many towns have not made any Return at all which
are as follows viz
Brookline Salam Greenwich, Granville, Colerain, War-
wick, Ervingshier, Chesterfield Gore, Merryfield, Plantation
No 7, Duxborough, Eastham, Rainham, Massabeseck, San-
ford, Limerick, Little Falls, Parsonsfield, Upton, Holden,
Duglas, Harpswell, Gray, Royalsborough, Raymondstown,
Bakerstown, Georgetown, New Castel, Woolwich, Winthrop,
Waldoborough, Bristol, St Georges, Meduncook, Walpole,
Howardstown, Norridgewalk, Sterlington, Lewistown, Ball-
town, New Ashf ord.
18 DOCUMENTARY HISTORY
Report of Committee on Lands in County of Lincoln.
Commonwealth of Massachusetts
In Senate, June 3 d 1785
The Committee of both Houses to whome was committed
the Report of the Hon: Samuel Phillips jun r and Others a
Committee appointed on the Subject of unappropriated lands
in the County of Lincoln &c Have attended that Service,
and ask Leave to report as their Opinion, that the said Com-
mittee have thus far conducted that intricate and laborious
Business in such a Manner as does Honour to their Abilities
and will prove greatly beneficial to the Commonwealth. And
your Committee farther report as their Opinion that it will
be for the publick Interest, and greatly expedite the im-
portant Business in which that Committee is engaged, that the
Report of a Committee of both Houses made to the last Gen 1
Court, respecting tl*e Bounds of the Grant to Beauchamp and
Leverett, should be immediately taken up and acted upon.
All which is humbly submitted
Richard Cranch p r Order
In Senate June 3 d 1785
Read & Accepted
Sent down for concurrence
S. Phillips jun r Presid*
In the House of Representatives June 3 d 1785
Read & concurred Nath Gorham Speaker
In re Unppropriated Lands in County of Lincoln.
The Committe appointed by a Resolve of the General Court
of the 28 th of Oct r 1783, on the subject of unappropriated
lands in the County of Lincoln received from Rufus Putnam
Esq r on the 17 th of Nov r last a plan of seven townships on the
OF THE STATE OF MAINE 19
Passamaquoddy River & Bay, & lying between the Rivers
Schoodic & Cobscook, together with Moose Island, Dudley's
Island & Trade Island, all surveyed by him, on which is
represented the mouth of the Maggaeadava, as taken from an
Hallif ax plan. they have also received a return of the
quantity and quality of the land in each Township, and also
of the names of those who have entered thereon : The Com-
mittee immediately proceeded to advertize in the Independent
Chronicle, and in the Essex, Springfield & Worcester News-
papers, the Townships & Islands above mentioned, giving a
general description of the situation & quality of the same, &
notifying the times & places, where more particular Intelli-
gence might be obtained concerning them.
None of the land above mentioned has yet been sold, but
there are some who propose to purchase if they should approve
of the soil, & are waiting untill the removal of the snow will
admit of their forming a better Judgment of its quality.
On the 17 th of December last, an agreement was made by
your Committee to sell to Jonathan Eddy Esq r & his Asso-
ciates, a Township on the east side of Penobscot River, above
the head of the tide, adjoyning on the lands lately surveyed
by Barnabas Dodge & on the said River, the same to contain
twenty five thousand acres, including a landing place) three
acres of the land lying on the northwesterly corner of the
lands, lately surveyed by the said Dodge, & exclusive of
lakes, the said Town ship to extend six miles back from
the said River, reserving two hundred acres of good land,
near the center of the said Township for the future disposi-
tion of Government, And the said Eddy agreed to pay to
your Committee the sum of eight thousand dollars in the
consolidated Securities of the Commonwealth, as soon as a
deed of the said land shall be ready to be delivered, and the
like sum of eight thousand dollars in like manner, in one
year from the delivery of the said deed & to give satisfactory
20 DOCUMENTARY HISTORY
security for the last mentioned sum ; And the said Eddy
further agreed to produce evidence to the General Court that
the Penobscot Indians have relinquished their pretensions
to the said Township, & to settle thereon, thirty families in
one year from the first day of June next, & to appropriate
two hundred acres to the use of the ministry; two hundred
acres to the use of the first settled minister & two hundred &
eighty acres to the use of a grammar School in the said
Township, near the center thereof ; but it was nevertheless
provided, that if the General Court shall not approve of the
said agreement, that the same shall be null & void.
Your Committee on the 14th of this instant February
agreed with Robert Page of Winthrop to sell to him, or to
him & his Associates a gore of land adjoining to Livermore's
town, containing about six thousand seven hundred acres, in-
cluding ponds & bogs, for the sum of five thousand dollars,
one half to be paid on or before the first Wednesday of June
next, when a deed of the same is to be given, and the other
half to be paid in one year afterward.
Your Committee have lately received from Rufus Putnam
Esq r a letter on the subject of the eastern boundary of this
Commonwealth, which they apprehend contains matter that
merits the attention of the Legislature which is herewith
presented. Sam 1 Phillips jun r
ISTath 1 Wells
Comm e
Nathan Dane
In Senate March 8, 1785
Read & sent down,
S Adams Presid 1
Commonwealth of Massachusetts
In the House of Representatives March 14 1785
On the Petition of William McCobb Esq r Order'd that the
OF THE STATE OF MAINE 21
Petitioner serve Thomas McGuyer with an attested Copy of
his said Petition and this Order thereon fifteen Days before
the second Tuesday of the next Session of the General Court
to the End he may shew Cause on the same Tuesday if any
he have why the Prayer of the said Petition should not be
granted
Sent up for concurrence
Sam A Otis Spk r
In Senate March 17 th 1785
Read and Concurred
S Adams Presid*
Declaration of Thos. Boyd Jr.
I Thomas Boyd jun r of Lawful Age do testify and Say, That
Sum time in the year of our Lord 1781 I was in company
With Tho 8 McGuyer and the Hon. Timothy Langdon Esq r
at which time the said McGuyer was adviseing with the said
Langdon Respecting a matter between him his Father &
Eben r Fullerton against Justice Will" 1 McCobb. of Boothbay
about altering certain notes that as I understood was Given
by the said McGuyers & Foolerton for cost of their being
committed to Goal & taken out (or admitt by advice of certain
leading men of the County to come out.) for their being
suspected to be persons Enemical to the United States of
America ; After M r Langdon had inquired into the matter
and Examined the Said McGuyers papers, he advis d the said
McGuyer, for one of them to bring an Action first against
Justice McCobb, and the other two wou d be allow d Evidences
& if that one recover* 1 the other might bring his action at the
next Court & the third at a third Court, & Stil their wou d be
two for Evidences ; but M r Langdon said if they recovered on
the first action, the other two Justice McCobb wou d Settle as
they ware all cimelar Afterwards I heard the McGuyers
22 DOCUMENTARY HISTORY
and fullerton agree for Tho 8 to bring his Action first and old
M r Patrick McGuyer told me they were all to bare an Equal
proportion of the Cost And I very well remember that I
was at pownalborough Court (I think the first tuesday of
Sept r the same year) when the cases of Tho s McGuyer v s S d
McCobb came to a hearing & Justice McCobb I understood
recover* 1 Cost & McGuyer appeal* 1 to the Supreme Judicial
Court: however in the mean time at Said Court patrick
McGuyer told me that he & Fullerton attended Court there
at their own Expence and that they had Fee d a Lawyer. I
think he mentioned Coll r Taylor & that he gave two Dollars
out of his own pocket to pleed the caus for Tho 3 McGuyer.
Sum time afterwards I hapn d to be in company with the two
McGuyers & they both requested of me to try to get Justice
McCobb to leve the matter to Arbitration for they did not
want to go to the Supreme judicial Court with it, (or to that
Affect) and agreabte to the s d Request I took an opportunity
& talk d with Justice McCobb about the matter, the said
McCobb said he wou d consider about it, until another opper-
tunity and afterwards he told me he wou d concent to leve the
matter to arbitration And afterwards, a few days, I hapned
to be in company with the two McGuyers & Fullerton & told
them that Justice McCobb had consented to leve the matter
to Arbitration, they three then went by themselves and had
a long conference in private a fue days afterwards I saw
patrick McGuyer who then told me he had been to M r
Langdon advisery about the Matter, and Shewed me a Letter
Sign d by the s d Langdon, directed to Tho s McGuyer adviseing
him by no means to sign joint Bond with his Father and
Fullerton or it wou d distroy their Evidance (as I understood
being Evidances for one another) but Each to give and take
Seprate Bonds soon after a time and place was appointed
for the parties to meet to come under Bonds, and agreable
thereto the parties met, I hapned to be present, and the
OF THE STATE OF MAINE 23
McGuyers & Fullerton Sign d Seprate Bonds to Justice Mc-
Cobb & he to them to leve the matter to the determination
of John Stinson Esq r Nath 1 Thwing Esq r & Deacon Edw d
Young and after the signing and delivery of those Bonds I
heard Justice McCobb ask Tho 8 McGuyer whether he was
amind to have Lawyers to pleed befor the arbitrators for he
wanted them to know that he might prepare himself accord-
ingly I heard Tho 8 McGuyer ask his Father what whas
best, and the old Gentleman advis d to have none, and finaly
it was agreed upon by the parties to have no attorneys to
pleed before the Arbitration but each party pleed for them-
selves
When the Arbitrators met to decide the matter I was call d
upon as an Evidence and heard the whole trial and Justice
Langdon appear'd as an attorney for the McGuyers & Fuller-
ton to pleed their caus, before the Arbitrators, Justice Mc-
Cobb objected against it, mentioning the agreement that no
attorneys was to pleed on Either side, and that he was no
weis prepar d to the contrary of that agreement Justice
Langdon notwithstanding insisted on pleading the caus of
the McGuyers side let the consequence be what it wou'd for
he said he had a right to pleed before any Court whatever.
Then Justice McCobb moov d for a continuance until he cou d
Send for an Attorney to pleed on his side so as to have an
Equal chance with the advance party which continuance
was Granted, & Justice McCobb Sent for me, and the Mes-
senger next day return d & brought intelegence that the gen 1
he sent for was Engag d & cou d not come after which Justice
McCobb concented to let the matter come to a hearing not-
withstanding their having the advantage of a Lawyer & he
none I well remember upon trial of the caus that Justice
McCobb had one Cap n Ichabod Pinkham there as an Evidence
in the caus and the Arbitrators refus d to admit him to give
Evidance for no other reason as I understood than that he
24 DOCUMENTARY HISTORY
was one of the first Complainers against the s d McGuyers &
Fullerton for their being Enemical against the States & that
they Suppos d he receiv d part of the money the s d McGuyers &
Fullerton paied on that Account And I heard Justice Lang-
don Say after the award was given in that he call d himself a
very good hand to make up a bill of cost (or words to that
affect) and that the arbitrators had allow d his cliants all their
demands Excepting a few shillings I well remember that
patrick McGuyer & Ebenezer Fullerton was allow d Evidences
before the Arbitrators in the caus of Tho 8 McGuyer against
Justice McCobb and further saith not
Tho 8 Boyd jun r
Lincoln Ss June 21 st 1784
Then the above named Thomas Boyd personally appeared
and made Oath to the truth of the foregoing Declaration by him
subscribed before me
Will m Lithgow J. Peace
Comonwealth of Massachusetts
In the House of Representatives March 14, 1785
On the Petition of William McCobb Esq r orderd that the
Petitioner serve Thomas McGuyer with an attested Copy of
his said Petition and this Order thereon fifteen Days before
the second Tuesday of the next Session of the General Court
to the End he may shew Cause on the same tuesday if any he
have why the Prayer of the said Petition should not be
granted
Sent up for concurrence
Sam A Otis Spk r
In Senate March 17 th 1785
Read and Concurred
S Adams Presid 4
OP THE STATE OF MAINE 25
Commonwealth of Massachusetts
In the House of Representatives June 11, 1Y85.
On the Petition of William McCobb Esq r Ordered that the
Petitioner serve Ebenezer Fullerton with an attested Copy
of his said Petition and this Order thereon Twenty Days
before the second Tuesday of the next Sitting of the General
Court, that he may then shew Cause (if any he has) why
the Prayer of said Petition should not be granted.
Sent up for concurrence
Nath 1 Gorham Speaker
Testimony of Andrew Wall.
Andrew Wall of Lawfull Age, Testifies, that in February in
the year A. D. 1780 that he was Summon d as an Evidence
Respecting an examination or trial before Justice McCobb
of Boothbay of Ebenezer Fullerton, Patrick McGuier and
Tho 8 McGuier all of Boothbay, which three parsons were
complained against to s d Justice of their Corrasponding with
the Enemies of America at Begeduce & elsewhare, when the
above three persons were Conven d before Said Justice they
were Required by the Justice to take the Oath of Fidility or
Alleigance to the State of Massachusetts, but they all Refus d
taking said Oath, and after the matter being debated betwen
them and ye Justice for about the Space of three Hours
Fullerton & the two McGuiers went to Bed, next morning
the Justice finding them obstinate in not taking Said oath,
Said Justice Sent them all three to Goal, I being one of the
Guard to Convey them to the said Goal and on our way
thither and as Justice McCobb was not far behind who fol-
lowed us to Wilscasset Point, I persuaded one of the Mc-
Guiers to take y e above oath who answar d he wo'd be Dam d if
ever he wou'd take said oath, when we got to the goal Fuller-
26 DOCUMENTARY HISTORY
ton and the two mcGuiers plead with the offier who had them
in Custody not to put them in goal, and that thay wou'd take
the oath next morning & go horn togather, next morning they
went to Esq r Bowmans to have the oath administr d to them
but he declin'd their Request and told them it was most
proper for Justice McCobb to admitt them to their oaths,
upon which they desired Esq r Bowman to write a few lines
to Justice McCobb desiring him to Com and administer the
oath to them and that they wou'd be willing to pay all the
Cost that had hitherto arisen, Sometime after I think about
a day or two, I was Requested at Booth Bay by Justice
McCobb to call the Committee of Safeity to gather to see if
said Commitee would Consent that Justice McCobb Should
Release the three prisoners viz 1 Ebenezer Fullerton, Patterick
McGuier & Thomas McGuier
afterwards I was present at an arbitration on a dispute
betwen Justice McCobb & Tho 8 McGuier, and that Ebenezer
Fullerton was admitted to give evidence for Tho 8 McGuier,
and farther Saith not.
his
Andrew X Wall
Lincoln Ss June 21 st 1784 mark
then personally appeared the within named Andrew Wall
and made Oath to the Truth of the within Declaration by him
subscribed before me
Will m Lithgow J Peace
Bill for Limiting Personal Actions to the County wherein
One of the Parties Dwell.
Commonwealth of Massachusetts
In the Year of Our Lord one thousand seven hundred and
eightyfive.
An Act for limiting the institution of personal Actions to
the County wherein one of the parties dwell
27
Whereas some of the inhabitants of this Commonwealth have
been sued into distant & remote Counties where neither of the
parties dwelt, whereby the costs have been greatly encreased :
for the prevention whereof
Be it Enacted by the Senate & House of Representatives in
General Court assembled, and by the authority of the same,
that all personal Actions between party & party, shall be
commenced & prosecuted in the County where the a plaintiff or
the Defendant lives, & not in any other County ; and any per-
sonal action that is or may be brought b in any County whereof
neither of the parties is an inhabitant d shall abate and the
Defendant shall recover double costs of suit
In Senate June 8, 1785
This Bill having had two several readings passed
Sent down for concurrence
S Phillips jr Presid*
In the House of Representatives June 21, 1785.
to be Engrossed
This Bill having had three several Readings passed a con-
currence to be Engrossed as taken into a new draught
Sent up for concurrence
Nathaniel Gorham Spk r
In Senate July 1 st 1785.
This Bill having had two several readings passed to be
Engross'd as taken into new Draft
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
Re .-selling Confiscated Estates in the County of Cumberland.
To the Hon ble Senate, & the Honorable House of Representa-
tives of the Commonwealth of Massachusetts in General
Court assembled June 1785.
28 DOCUMENTARY HISTORY
May it please your Honors
We the Subscribers, a Committee for selling confiscated
Estates in the County of Cumberland, having lately received
a Resolve of the General Court, to make sale of the Estate
of Francis Waldo Esq r late of Falmouth in said County, an
absentee beg leave with all deference, to offer your Honors
their Sentiments upon the Subject
1. As, in obedience to said Resolve, they have considered
it their duty to advertise the said Lands for Public Sale, they
judge in the part of the State where money is extremely
scarce, they will be sold for but a small part of their real
value.
2. We are informed, that Brig Waldo, whose Debts, by
said Resolve, the said Treas Waldo's Estate is to pay one
fifth part of had near a thousand Acres of Land in this
Town and a large quantity in the County of Lincoln (not
yet divided among* his Heirs, which we think ought in the
first place to be appropriated to pay his Debts, before any
part of Francis Waldo's Estate is sold for that purpose and
3. The said Francis Waldo as we are also informed, has
also a large quantity of Land in the said County of Lincoln,
which has not been confiscated and which we humbly think
ought to be applied to the payment of the said Brigad Waldo's
Debts, either in whole or in part & that his whole share
of Debts ought not to be paid out of the Lands confiscated
in this County
If your Honors should notwithstanding, adhere to said
Resolve & order the said Land to be sold as therein directed
we beg leave further to suggest to your Honors the expediency
of instructing us to give some reasonable Credit for Payment
on good Security
M r Freeman waits upon your Honors with this Memorial
and as the 4 th day of July next is fixed upon by the Committee
in conjunction with M r Wetmore & his Wife Administrators
OF THE STATE OF MAINE 29
upon the Estate of the said Brig Waldo for the sale of said
Lands we pray your Honors to order that he be immediately
notified hereof and such seasonable instructions given
us in their Repport as your Honors, in your wisdom shall
judge best
And as in duty bound will pray
John Lewis, Sam 1 Small
Falmouth May 27, 1785.
In Senate June 20 th 1785 -
Order'd that the Petitioners aforesaid have leave to with-
draw their Petition
Sam 1 Phillips jun r Presid*
In Senate June 21 st 1785 Read, & the above order of
Senate reconsidered, & thereupon order'd, that this Petition
be committed to Theodore Sedgwick Esq r with such as the
Hon ble House shall join
Sent down for concurrence
Sam 1 Phillips j r Presid 1
In the House of Representatives June 24, 1785
Read & Concurred & M r Choate & M r Noyes are joined
Nath Gorham Speaker
Govr's Message.
Gentlemen of the Senate & Gentlemen of the House of Rep-
resentatives
By a Letter I have received from M r James Avery Col-
lector of Excise at Machias, dated 10 th of May last, he in-
forms me, that the Fort & Blockhouse at that place, were
built on land belonging to M r Nathan Longfellow: & that
said Longfellow had begun to pull down the Blockhouse but
on his forbiding him, he desisted. In July 1783 the
30 DOCUMENTARY HISTORY
General Court passed some Resolves relative to that Fort,
which afterwards were in part suspended. As M r Avery
wishes to be instructed on that head, you will please to let
me know what instructions will be proper to be given him
James Bowdoin
Council Chamber June 25 th 1785
Beauchamp & Leverett Resolve.
Commonwealth of Massachusetts
In the House of Representatives June 1785
The Committee appointed to confer with the Claiments
under the grant to Beuchamp and Leverett, report by way of
resolve.
Resolved that Rufus Putnam Esq r with power of appoint-
ing a deputy and chairmen all of whom shall be sworn to the
faithful discharge of their office, be and hereby is impowered
and directed, to make an accurate survey of the Rivers Ken-
nebeck and Penobscott and the sea Coasts adjacent, taking
the Distance between the said Rivers, at least in three places,
the highest distance to be taken at the head of the Tide on
Penobscott River, and keeping a Compleat field Book, of all
Rivers, Streams, Bays, Ponds and mountains and other re-
markable places within the said Limitt making all such
Boundary marks as may be necessary and Lay the same as
soon as may be before the Justices of the Supreme Judicial
Court, who are here by impowered and Requested finally to
determine in Law and equity the boundaries of the patent
granted to Beauchamp and Leverett, and the said Justices
of the said Supreme Judicial Court are hereby impower'd
to cause Deeds of Quit claim and Division to be executed
with the aforesaid Patentees, which final Determination
Shall Bar any and all Demands of this Commonwealth & the
said Patentees, their heirs and assigns each upon the other
OF THE STATE OF MAINE 31
Provided that the said Patentees shall be and hereby are
held bound and Obliged to execute good and sufficient war-
rantee Deeds in fee simple of one hundred Acres to each and
every settler who may fall within the aforesaid Patents not
possessing legal titles, each Letter paying or securing to said
Patentees the Value of the said hundred Acre Lotts respec-
tively, which Lotts are to be estimated according to the Value
of the Land when they severally took possession thereof
Commonwealth of Massachusetts
In Senate March 15 th 1785.
Whereas it is highly expedient that the Limits of the Grant
made by the Council of Plymouth in the year 1629 to Beau-
champ and Leverett Should be so ascertained, as to avoid all
future Litigation, or doubt, respecting the same And
whereas from a thorough enquiry into the nature and extent
thereof, it appears to be eligible for this Commonwealth to
Confirm to those Deriving title from the said Grant a Tract
of Land equal to a tract thirty Miles Square with the Islands
contiguous, and that in such form as to give validity to the
past doing of those deriving title as aforesaid, and with Due
attention to Individuals who may have made settlements on
Lands by themselves supposed not to be included within the
aforesaid Grant, upon such Terms and Conditions as are
Conservant to the great Principals of Mutual Right and
equity- Be it therefore
Resolved that the Legislature will and do hereby Confirm
to those interested in and Deserving Title from the aforesaid
Grant The following tract of Land (to wit)
Beginning at a Point of Land called Rumsons Point being
East of the mouth of the River Muscongus and Extending
up the said River according to its General course into the
Country as near as may be until it intersects a Line fifteen
Miles East of Kennebeck Thence Extending northwardly in
32 DOCUMENTARY HISTORY
a line fifteen Miles Distant from the said River Kennebeck
until it intersects the West line from Penobscot River here-
after mentioned Then begining at the aforesaid Rum-
sons Point and from thence Runing along the Sea Coast and
by the bay of Penobscot to the mouth of the River Penobscot
and from thence Extending up the said River to a Stream
called Hathorne Mill Stream from thence Extending a due
north Course one hundred and five Chains and Twenty six
Links, and from thence a West Line to be Drawn to the Line
fifteen miles east of Kennebeck The same west Line
being the northern boundary of a Tract of Land assigned to
William Vessel Richard Leachmore and others named in
a Deed indorsed and made May 31, 1773 Between Francis
Waldo Thomas Flucher and Hannah his Wife, and Isaac
Winslow on the one part, and the said Vossel Leachmore
and others therein named on the other part as by Referring
to the same will ^ully appear Together with any Island
whose center falls within Three Miles of any Part of the
aforesaid thirty Miles Square
Provided the Premises aforesaid do not interfere with any
former Grant.
All of which nevertheless is on the following Conditions,
that those to whome this Confirmation is made shall pay to
the Commonwealth the full Value of the surplus Quantity
of Land if any there be which the aforesaid Deposition upon
survey thereof shall contain over a Tract equal to thirty
miles square Exclusive of the Islands aforesaid A Within
Eighteen months from the Passing this Resolve and the
Interest for the same from the Time the value of the said
Surplus Land shall be Determined untill paid and shall
Submit to such Terms of Settlement of the said Surplus
Land as the committee appointed for the sale of unappro-
priated Lands in the County of Lincoln may think Just and
Equitable, and in order to avoid any Dispute about the part
OF THE STATE OF MAINE 33
of the aforesaid Land on which the estimate of the said
Surplus Land Shall be made and Determining the Value
thereof Be it Resolved that so much of the north part of the
afore Described Land Extending in Equal Widths from the
River Penobscot to the Line fifteen miles east of Kennebeck
as the said surplus shall amount to and the said Surplus
land to be paid for at its Value which Value is to be Deter-
mined by comparing the Situation and Quality of the said
Lands with the Situation and Quality of other Lands in the
county of Lincoln which are or may be sold in behalf of the
Commonwealth, and the value of the said surplus Land to
be Determined by the Committee appointed to Sell Lands
in the said County of Lincoln or the Major Part of them,
in manner, and by the Rules aforesaid B and that all Per-
sons now in Possession of Lands which may happen to fall
within the said surplus by actual improvement made thereon,
and who had such Possession before the first Day of January
1784 and not by Lawful Deed claiming or holding such
Possessions under those Interested in and Deriving Title
from the aforesaid Grant, shall have such A Quantity;
A thereof conveyed to them by those to whom this confirma-
tion is made and on such Terms as the Legislature shall
within One year from the Passing of this Resolve Determine
D And that those to whom this Confirmation shall enure shall
make and Execute a Release and Quit Claim of all other
lands (except those contained in the Discription aforesaid)
to whom they Claim Title to from the aforesaid Grant to
Beauchamp and Leverett, and Lodge the Same in the Sec-
retary's office within three months after the Survey of the
aforesaid Land shall be Compleated Provided allways
that if any of those by whom it is Requisite by this Re-
solve that the said Release or any convayance shall be
made are under any Legal Incapacities the Time for Exe-
cuting the same or their parts shall be Extended untill three
34: DOCUMENTARY HISTOBY
months after such Incapacities are Removed and no Longer,
and that No Right or Rights which may have escheated to
this Commonwealth be included in the said Confirmation
Sent down for concurrence
S Adams Sec y
In Senate March 17,1785.
Read again & thereupon Ordered that the foregoing Re-
solves pass with the following amendments, viz:
At A dele "thereof" & insert of the said surplus lands.
Sent down for concurrence
S Adams Presid 1
At A insert and that the whole quantity of land contained
within the aforesaid description upon actual survey thereof
shall not exceed 100,000 acres over a tract equal to thirty
miles square
At B insert and as those to whom this confirmation is
to enure are desireous of haveing provision herein made for
the security of individuals that are in possession of lands
within the description aforesaid upon terms of mutual equity
it is further conditioned
At D insert and that all persons having such possession
of lands within the thirty miles square shall each have 100
acres thereof conveyed to them by those to whom this con-
firmation shall enure at the original value thereof before any
such improvements were made thereon upon application
made for such conveyance within eighteen months from the
passing of this resolve which value in all instances where
the parties cannot agree shall be ascertained in the following
manner to wit one person appointed on the part of the pur-
chaser one on the part of those to whom this confirmation
shall enure and one by the committee for the sale of unap-
propriated lands in the County of Lincoln the judgement of
any two of whom to be binding
OF THE STATE OF MAINE 35
Amendments proposed by y e Com of y e House in the Re-
solve of Senate of 19 March 1785 May Session 1785
"Beginning at the point of Land east of the mouth of the
river Muscongus, or Medumuc, thence extending up the said
river according to the general course thereof into the Country
thirty miles then running from the aforesaid point of
Land along the seacoast, and by the bay of Penobscot, to the
mouth of the river Penobscot, and thence extending up the
said river, Penobscot, untill right line drawn from it, to the
extreme northerly part of the Muscongus line first men-
tioned shall give & complete a tract of Land, equal to a tract
of Land of thirty miles square, together with all Islands
whose center falls within three miles of any part of the
lands before described " not agreed to
Action on petition Administrators Waldo Estate.
Commonwealth of Massachusetts
In Senate June 28 th 1785
Whereas by a Resolve on the petition of William Wetmore
& Sarah Wetmore Adm rs on the Estate of the late Brigadier
Waldo deceas' d "The estate confiscated in the County of
Cumberland as the estate of Francis Waldo Esq. or such part
thereof as was unsold on the same ninth day of Feb y is held
and applied to the payment of the said Francis proportion,
being one fifth part of such legal debts & demands against the
late Brigadier Waldo Esq r on the same day According to law
remained unsatisfied ; & whereas in justice & equity the said
confiscated estate ought not to pay but apart (if any) of the
said Francis Waldo's proportion of the debts & demands
aforesaid. Therefore
36 DOCUMENTAKY HISTORY
Resolved. That the said Resolve on the petition of the said
William & Sally Admrs. as aforesaid be, and it hereby is re-
pealed, and made null & void to all intents and purposes what-
ever.
Sent down for concurrence
Sam 1 Phillips j r Presid 1
Waldo Claim.
The committee who were directed to confer with the claim-
ants under the Patent of Beauchamp & Leverett, upon the
subject of laying out a tract of land equall to a tract of land
thirty miles square have attended that service & report, that
the bounds of said land begin at the point of land east of the
mouth of the river Muscongus, or Medomick & thence extend-
ing up said river according to the general course thereof to the
Medomick falls, & thence by a due north line till it shall inter-
sect the easterly line of the plymouth patent, unless previously
to such intersection it shall have ascended so far as that by
turning it a due east course it shall leave a tract of land
between the first mentioned line beginning at y e mouth of
y e river Muscongus or Medomick, as aforesaid, on the west
the seacoast on the south, & the Bay or river of Penobscot on
the east, equal to a tract of land of thirty miles square
But if said line, ascending from the Medomick falls, shall
intersect the easterly line of the plymouth patent, before a
due east line as aforesaid shall describe a tract of land equal
to a tract of thirty miles square, then to ascend by the said
easterly line of the plymouth patent till a line drawn due
east shall contain a tract of land equall to a tract of thirty
miles square within the bounds as aforesaid.
July 1, 1785 Not accepted.
OF THE STATE OF MAINE 3
Petition of Francis Shirtleff and testimony in case.
To the Hon ble the Senate & House of Representatives In Gen-
eral Court Assembled
The Petition of Francis Shurtleff in Behalf of The Town
of Plymton in the County of Plymouth Most humbly Shew-
eth, that Said Town was Served By one Isaiah Cushman of
North Yarmouth & summon d to appear at Falmouth: in the
County of Cumberland which they Did in October Last but
By Reson of the Indispersion of Sume of the Judges of the
Court The Action Could Not be Tryed & the Said Court was
Agorned To the Fourth Tuesday of may Last & the Said
action Continued to be Tried at the Agornment of the Said
Court the Town of Plymton Imployed an Atturney to appear
For them on may Last at said Court And Carry on ther Case
but they ware So unfortunate that their atturney Did not at-
tend Said Court by Reson of his being Sick as we are since
Informed By which Reson your Petitioners ware Defalted
there Being No Body to appear For them in a Case which
they think Verry unjust they Therefore Pray that your
honours would Take their Case into their wise Consideration
& Grant that they may have a Rehearing In such a way &
manner as your honours shall Think Fit & that Execusion
Shall be staid in same Time which your Petisioners as in
Duty Bound Shall Ever Pray
Francis Shurtleff
July 1, 1785.
To Whom it may concern this may certify that M r Kimball
Prince of Kingstown was at the House of the subscriber this
morning the Subsciriber Heard Said M r Prince Tell Cap 1
Shurtlief that when he was at the house of Isaiah Cushman
said Cushman shewed to him a Notification to appear before
38
the Great & General Court to shew cause if any he had why
there should not be a Rehearing of the case betwene him & the
Town of Plumton, that the said Prince said he told him he
intended to Appear
attest Samuel Foster
Boston 27th October 1785.
At a Town meeting held at Plymton June y e 18 th 1785 at
s a meeting the Town Voted and Chose Cap* Frances Shurt-
liff an Ageant to Petition the grate and General Court for
a Rehearing of a Case in Law with Isaiah Cushman of North
yarmouth
A True Cope a Test
Jyrhemiah Perkins Town Clerk
Plymton June y e 20 th 1785
Newburyport June 8 1785
Sir
I sat out on my Journey to attend Falmouth Court to be
held ye 4 th Tuesday of May by adjournment, but was taken
sick at Wells and obliged to return I wrote to M r Froth-
ingham the Bearer of this respecting the Action of Cushman
against the Inhabitants of Plympton in particular and re-
quested him in behalf of said Inhabitants for whom I was
engaged to get it continued on account of my inability to
attend on their behalf or if he could not, to carry it up by
demurrer, but I am this moment informed by him that the
Court would not continue it, and the Ptt 8 Council would not
consent to a demurrer ; & therefore he supposed the Inhabitants
to be defaulted without defence & did not appeal I am
surprised he did not plead to issue & appeal. But as the
matter is circumstanced, There cant be a doubt, but upon
your immediately petitioning the General Court, they will
order the Execution to stay, and the default to be taken off
OF THE STATE OF MAINE 39
and the Inhabitants to be admitted to make defence next
Terme. I would advise you to do it without delay while
the Bearer M r Frothingham is in town who can move the
facts necessary to support the Petition
I would have drawn one for you but he is in hast & cannot
stay.
It is very unfortunate for you, & had I failed you on any
other account than sickness I should have been very uneasy
about it; & I cannot but think it very hard as a town was
concerned & their Council sick that neither a Continuance
nor Demurrer could be obtained but the action defaulted
especially where there was such good ground for defending
the action
I am Sir Your very hum bl Serv 1
Theop Bradbury
M r Francis Shurtliff
Petition of Inhabitants of Majorbigwaduce.
Commonwealth of Massachusetts
To the honorable the Senate of said Commonwealth
The Inhabitants of Majorbigwaduce humbly shews
That the Bill for their Incorporation into a Township by
the name of Penobscot, now laying before your Honors, was
brought before the Legislature by the express Permission of
the two Houses in Consequence of the Report of the re-
spectable Committee appointed by the Government for the
Sale of Eastern Lands &c & which Report was founded on
the Petition of a very large Majority of the said Inhabitants,
praying for Aid & Relief in their unfortunate Circumstances ;
Your Petitioners would beg leave humbly to suggest to your
Honors that there are One hundred & thirty Families & up-
wards settled within the Limits mentioned in the Bill who
for several Years during the late War laboured under various
40 DOCUMENTARY HISTORY
Distresses & Difficulties from being under the Controul &
within the Power of the British Troops ; That since the Peace
they have been exceedingly desirous of being the liege sub-
jects & useful Citizens of this Commonwealth, to discharge
the Duties, pay the Taxes & enjoy the Rights common to the
other Inhabitants of the State, & for these interesting & sub-
stantial Ends, they have sollicited for the Privileges an-
nexed to a Corporation, which being an Incorporeal Heredita-
ment can in no wise determine the Right of Sail to belong to
your Petitioners, who are ready to treat with the Government
for whatever Estate they possess in the whole of said Lands
as soon as the State Agents shall think proper to make an
Offer to the Individuals who compose the Plantation on the
Subject, but as the Purchase of the Soil is to be individually
made, the Town would have nothing to do with it as a Corpo-
ration & consequently the Bill which we humbly pray your
Honors Assent to comld in no wise affect the Bargain; Your
Petitioners are Citizens of the Commonwealth & compose
a larger number of Inhabitants than many Towns in the State,
they pray to become useful by being incorporated & to feel
themselves members of the Government by enjoying the
Privileges common to its other subjects.
For & in behalf of said Inhabitants
Joseph Hibbert, W m Tudor }-Their Agents & Attorneys
Boston 1 st July 1785.
Account of Light Money Received between the 18 th day of
March to the 31 st of July 1785 at the Port of Passama-
quody amount 1 .. 6 .. 6
Errors Excepted
Lew 8 Fred k Delesderniers Naval Officer
Sworn to before me
Ja s Avery
Port of Passamaquody August 27 th 1785.
OF THE STATE OF MAINE 41
Port of Passamaquody Aug 29 th 1785
Honb le Sir
I have the Honour to Inclose an Acct of all the Light
Money received at this office, Also the Bond I am to Give
in Consequence of my Appointment to the Naval Office,
which coud not before be Transmited, there being no Majes-
trait in this District. Esq r Avery being at this Juncture
here I Compleated the matter as p r his Certificate herewith
The Am 1 of Light Money I Remit p r Capt n McGuire thro
the Hands of the Honb 1 Caleb Davis Esq r you will be pleased
when Received to Grant the necessary Acquaintances.
I have the Honour to be with all Respect Sir, Your verry
Humble servant
Lew 8 Fred k Delesdernier
The Gwr's Speech to the Gen 1 Court Oct r 20, 1785.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
Before I offer any new business for your consideration, it
is proper you should be informed what has been done in re-
gard to divers matters, which have already been the subjects
of your Acts and Resolutions. Accordingly I should inform
you: That another Commissioner is authorized to settle ac-
counts between the United States and this Commonwealth,
and will probably be here in a few days to enter upon the
duties of his office. It may be expected therefore that
that business will be brought to an issue as soon as it can be :
and this expectation is supported by a letter from the Sec-
retary of Congress, who writes me, that from the progress
made in settling the accounts between the United States and
individual States, .. .. | and private creditors within
the same, and from the measures taken to hasten and facili-
tate the progress of such settlement, there is reason to hope,
42 DOCUMENTARY HISTORY
the great work will soon be compleated. With regard to the
line of jurisdiction between this Commonwealth, and the
State of New York, so far as it respects the Eastern boundary
of the latter, our Delegates, to whom, as well as to Governor
Clinton, I sent an authenticated copy of the Act of the Gen-
eral Court, empowering Commissioners to settle that line,
write me, that the Delegates of the two States had met on that
business, but had not then been able to agree on suitable per-
sons as Commissioners, which makes it probable, that Con-
gress will have the appointment of the Commissioners, pur-
suant to the mutual Acts of the two States, without any such
previous agreement.
With respect to the conduct of New York relative to the
Western Territory claimed by this State, I wrote, agreeably
to your request, to Governor Clinton, and to our Delegates
concerning it. A conference between them was had upon the
subject. The substance of it you will find represented in a
letter from our Delegates : in agreement with which Governor
Clinton informs me, that according to the duties of his office
he shall not fail to lay my letter and the concurrent resolu-
tions of the Senate and Assembly before the Legislature of
New York at their next meeting ; and that the earliest oppor-
tunity will be embraced of communicating whatever they may
direct on the subject.
In compliance with your request Gentlemen, expressed in
several resolutions the last session. I transmitted to the sev-
eral States in the Union a copy of the Act you then passed for
regulating navigation and commerce. It was accomplished
with a circular letter of mine to the Governor of those States
respectively: in which letter among other things, it is rep-
resented, that it is much to be desired that Congress may be
vested with a well guarded power to regulate the trade of the
United States: which being effected our Act will cease to
OF THE STATE OF MAINE 43
operate ; that in the mean time we have a full confidence, that
the mutual friendship of the several States towards each
other, and their sentiments of honor and justice will be a
sufficient pledge, that when measures wisely calculated to
defeat the unjust designs of any foreign power against the
trade or general interest, of the United States, are taken by
any individual State, they will be adopted by all : so that no
one State may be left to suffer essentially in its own trade by
its laudable zeal and exertions for the common safety. To
this letter the Governors of several States have replied that
they will lay it before their respective Legislatures at their
next meeting. With respect to the Legislature of the State
of New Hampshire, I have the pleasure to inform you, that
with a generosity and magnanimity becoming one of the
United States, and which I am persuaded the rest will not be
backward to manifest, they early passed an Act correspondent
to ours for regulating navigation and commerce. Such cor-
respondent Acts adopted by all the States would be productive
of happy effects, until Congress should ordain regulations for
the general Commerce of the confederated body.
In regard to the enlargement of the powers of Congress, I
signed and forwarded to our Delegates, agreeably to your
request, the several letters you had prepared on that subject.
They viewed it, and justly, as being of great consequence;
and wishing their sentiments on it might be known to their
Constituents, they have, from a sense of the duty they owe
them, delayed taking any measures concerning it, untill they
shall receive your further instructions. The reasons of the
delay their letters of the 18 th of August and 3 d of September
will inform you. This being a matter of great importance
will require your attentive consideration.
There are divers other things, that have been the subject of
the Acts and Resolutions of the General Court, and the State
of them will be communicated to you by message.
44 DOCUMENTARY HISTORY
I shall now lay before you several matters, which you will
probably think require your immediate attention.
By a letter I have received from M r Secretary Thomson of
the 24 th of August, it appears, that it is become necessary &
essential to the harmony of the Union, that Congress should
be furnished with the means of settling the proportion, to be
born by each State, of the General expences, that have been,
or may be, incurred for the common defence and general wel-
fare. And I am requested to bring this subject again under
the view of the Legislature of this State, and earnestly to
recommend to them, as they have adopted the new rule of
appointment, to take speedy and effectual measures for num-
bering the inhabitants of this State, and make a return there-
of to Congress. As by that letter it seems probable that the
new rule will be adopted by all the States, I do, in compliance
with the request, earnestly recommend to you, Gentlemen,
to take speedy & effectual measures for the said purpose. On
a former requisition of Congress an Act was passed the last
year upon the principles of the rule mentioned in the eighth
article of the consideration: by which Act, the number of
the inhabitants in the Commonwealth, was ordered to be
taken pursuant to that requisition and returned by a certain
day into the Secretary's Office. Accordingly a great number
of towns, but not the whole, have made return. Perhaps the
carrying the Act into full execution relative to the number
of our Inhabitants, will answer the intention of the new
requisition.
With the said letter were enclosed several resolutions of
Congress, and particularly one of April 18 th 1783, to which
a further attention is intimated to be necessary, for the pur-
pose of establishing permanent and adequate funds, which
shall operate generally, & in just proportion towards doing
compleat justice to the public creditors, and for restoring
OF THE STATE OF MAINE 45
public credit : and it is observed in the letter, that every day's
delay increases the embarrassments of the union.
By a resolution of Congress of the 27 th of September you
will observe Gentlemen, that for the service of the present
year, and for the payment of one year's interest on the foreign
& domestic debt, and other purposes, it will be necessary, that
three million dollars, in addition to six hundred forty nine
thousand eight hundred and eighty dollars, be paid into the
common treasury on or before the first day of May next.
These two sums are the whole amount of the present years
estimate: from which the latter sum is deducted by reason
that so much of the Dutch loan was applied towards a dis-
charge of the last years estimate, and which the sums required
from the States last year will replace : a compliance with that
requisition being relied on by Congress to discharge, or make
good, the said deduction. Our quota of the three millions is
set at four hundred forty eight thousand eight hundred and
fifty four dollars: for the seasonable payment of which, it
is incumbent on you, Gentlemen to make the necessary pro-
vision.
As a motive for the chearf ul payment of the sum now called
for, as well as of past arrearages, the States are reminded,
that Congress have passed an ordinance for the survey & sale
of the western territory of the United States; and that the
proceeds thereof will be applied as a sinking fund to ex-
tinguish the domestic debt. Future requisitions for interest
on the domestic debt, will therefore be reduced in proportion
as this fund may be rendered productive.
Your attention Gentlemen is also called to the state of our
own particular debt, and to ways and means of discharging
it. The total amount of it by the Treasurer's account is one
million four hundred sixty eight thousand five hundred fifty
four pounds seven shillings and five pence, and the annual
40 DOCUMENTARY HISTORY
interest of it is eighty eight thousand one hundred and twelve
pounds thirteen shillings and three pence. The means of
discharging the debt are, the product of the Impost and
Excise, which from June 1784 to June 1785 was fifty seven
thousand three hundred and fifty three pounds thirteen shill-
ings and eight pence; and the one per Cent on the business
of Auctioneers, which for the same time was eleven hundred
seventy three pounds eleven shillings & six pence. These
products, with that of the New Impost and Excise, may be
estimated equal to the interest of the debt; in which case
whatever sum you think proper should be annually raised
by tax, or in any other way, will, after deducting the com-
mon charges of Government, discharge so much of the prin-
cipal of it. By my direction the Treasurer has found a plan
and calculation for the gradual payment of the whole debt.
According to that plan an annual Tax of one hundred thou-
sand pounds with the aforesaid revenue, as above stated, will
cancel the whole debt, both Interest and principal, in fifteen
years; and at the same time pay the ordinary charges of
Government. Such a tax, with the annual requisitions of
Congress for our proportion of the national debt, will not be
distressing to the State: especially as in the future fequisi-
tions there probably will be provided certain facilities of pay-
ment, in like manner, as there are in the present requisition.
Punctuality in the payment of Taxes is so essential to pub-
lic credit, that the existence of the latter depends upon it.
To insure it, I would recommend to your consideration
whether in future Tax-Acts it should not be provided that
in every town on each person's tax, not paid by a given day,
interest should be required from that day to the time of pay-
ment. This requisition would be a stimulus to punctuality,
which would be further excited by an allowance of five per
Cent, for prompt payment. Such a charge of interest is due
to the Commonwealth at large, and justice demands it, with
OF THE STATE OF MAINE 47
regard to those towns & individuals, who have been, and are,
punctual in paying their Taxes.
There is a large sum now due for past Taxes, the greater
part of which is appropriated for the redemption of new
Emission bills, and of State Notes payable in 1784. When
these taxes are all paid, there will remain, after making an
allowance for those appropriations, a considerable balance,
perhaps about eighty thousand pounds, subject to your appro-
priation. The honour and faith of the Government being
plighted for that redemption, the reminding you of it, I am
persuaded, will procure effectual measures to be taken for
the payment of those Taxes.
On the present year are laid several Taxes, amounting to
a large sum. They are appropriated for the payment of such
a part of the consolidated notes as becomes due the present
year; and for the redemption of the remaining army Notes
including such of them as will be payable the next year.
These several notes exclusive of the Interest due on them
amount in the whole to two hundred seventeen thousand two
hundred and fifty eight pounds thirteen shillings and six
pence, and are included in the total aggregate of debt above
mentioned.
If you should think this sum, with the present requisition
of Congress, too large to be raised the present year, and the
Taxes laid on the several succeeding years for redeeming the
other consolidated Notes, too large for those years, especially
when connected with the annual requisition of Congress, you
may possibly think it needful to take a minute view of the
State of our whole debt, and the taxes now laid on the present
and future years for canceling it, and adopt the above men-
tioned, or some other, plan for that purpose. But in that case,
Gentlemen, I imagine you will think it necessary, in order
to maintain the plighted faith of the Government, to procure
the consent of the Government creditors, previous to the
48 DOCUMENTARY HISTORY
adoption of such a plan. I cannot apprehend there will be
any difficulty in obtaining their consent, as the provision,
made by the Acts of Impost and Excise, will, probably be
sufficient to enable the Treasurer to pay the annual interest
of the debt punctually at the time it shall become due, untill
the whole debt be extinguished.
In considering the means of cancelling the public debt,
it will occur to you, that the unappropriated lands belonging
to the State may be applied to that purpose: but as the sale
of them, the time and manner of payment, and the productive-
ness of the sale, must be very uncertain, they should not, in
my idea of the plan, be considered as one of the means, on
which the executing of it should depend. If the sale however,
should be productive, the product may be applied, from time
to time, towards the lessening of the debt, and hastening the
discharge of it. Such a plan well laid, and punctually exe-
cuted, would, not only extricate us from the embarrassments
of a heavy debt, but restore the public credit: on which the
honour and welfare of the Commonwealth so essentially
depend.
A much speedier method, than the one above proposed,
for annihilating the public debt, would be to permit the
present tax laws to operate. In which case, the whole
debt, both interest and principal, might be paid in three
years, or by the end of the year 1788 : beyond which no taxes
are laid. But of the practicability of it, you are not only the
constitutional, but in fact the best judges.
The state of the Militia, which is the Constitutional and
the safest defence of the Commonwealth, merits your consid-
eration.
In the several Brigades the Regiments are in a consid-
erable degree destitute of Officers, occasioned by the resigna-
tion of their Commissions. Many of them by virtue of their
Commissions having obtained rank, and an exemption from
OF THE STATE OF MAINE 49
the common Militia duty, have very early, for reasons with-
out doubt satisfactory to themselves, resigned their Com-
missions : and this practice will probably be continued unless
some effectual measures be taken to prevent it. As the
Militia-Act needs some amendments, a clause in a Supple-
mentary Act, making the rank and privileges of Officers as
such, depend on their holding, for a given time & with repu-
tation, their respective Commissions, might go far to remedy
the evil : which unhappily has been so long prevalent.
You will also please to recollect, that each of the four di-
visions of the Militia is to have a Major General, whom the
Act makes a very essential Officer to the well ordering of
the militia. As there are but three Major Generals com-
missioned and two of them in the same division, you will
think it needful to elect a fourth, and assign to each of the
other his respective division. Permit me to urge a speedy
attention to this business.
There is another matter, Gentlemen, essentially important
to the well-being of the Commonwealth, which claims your
most serious attention ; and which, by the unanimous advice
of the Council, I now lay before you. It refers to a design
against the Commonwealth, of very evil tendency, being cal-
culated for the purpose of effecting the dismemberment of
it. That design has been for some months evident by a
great number of publications in the Falmouth Gazette: call-
ing upon the people of the Counties of York, Cumberland &
Lincoln to assemble together for the purpose of separating
themselves from the Government of this Commonwealth ; and
of withdrawing from the duty and allegiance they owe to it.
In consequence of those calls about thirty persons, as I am
informed, assembled on the fifth instant at the Meetinghouse
in Falmouth, and voted to choose a Committee to draught a
circular Letter to the several Towns and plantations in those
three Counties, requesting them to meet in Convention, by
50 DOCUMENTARY HISTORY
their Delegates on the first Wednesday of January next, to
consider the expediency of the said Counties being formed
into a separate State.
The duty I owe to the Commonwealth in general, and to
the people of those Counties in particular, in dispensibly
obliges me to lay this matter before you, that you may take
such measures concerning it as your regard for the collective
body of the Commonwealth shall dictate.
What I have further to communicate to you Gentlemen,
will be by way of message. The Letters and papers referring
to the communications now made, will be delivered to you
by the Secretary.
James Bowdoin
Council Chamber October 20 th 1785
In Senate Oct 21 st 1785
Read, together with the Papers that accompany this speech
& committed to Benj Goodhue & John Lowell Esq r with such
as the Hon ble House shall join
sent down for concurrence
Sam 1 Phillips Presid*
In the House of Representatives Oct 22 d 1785
Read and concurred & M r Bourn M r Thomas & Mr Robbins
are joined
Nathaniel Gorham Speaker.
Action on Governor's Address.
May it please your Excellency
The two branches of the Legislature, met your Excellency
at the time of the late adjournment, with a full confidence,
OF THE STATE OF MAINE 51
that during the recess (the first since your Excellency's ad-
ministration of the executive department of Government,) a
just attention had been paid to those important matters, which
the Legislature had entrusted to your care, as well as those
which naturally fell within the line of your duty, their
expectation has by no means been disappointed. Your Ex-
cellency's speech, communicated to the Legislature, the
measures that you had taken, to carry into effect the Acts &
Resolutions of the General Court, in their proceeding session ;
and also, such other matters, as by the Resolutions of Congress,
called for their attention: and after having given a concise
view of the state of the finances of the Government, sug-
gested such measures, as appeared to you likely, to put them
on a more respectable footing. These communications were
made in a plain & intelligent manner, as became a republican
Governor; and your Excellency will not expect a reply, in
any terms but such, as become a free, independant & republi-
can Legislature, whose duty it is, to watch over the conduct
of the highest servants of the Commonwealth, to testify
their approbation of their conduct * without flattery when it
merits it ; as well as their disapprobation 2 without asperity
when otherwise. 8 The critical situation of the common of
America ; & the peculiarly distressing state of it in this Com-
monwealth made it necessary, that some decisive & vigorous
measures should be taken, to arrest it in its flight; and if
possible, to bring to their senses those foreign Powers, who,
without benefit to themselves, seem to be desirous of encreas-
ing our embarrassments: 4 these measures will not have the
full effect desired ; unless our sister States 5 have similar ideas
to impress them suitably on that head, your Excellency's
Letters appeared to be T verry well adapted; and state with
strict propriety, the importance of a coincidence of measures,
to be produced by a sense of common dificulty & mutual affec-
tion. ' The effect produced by these Letters is strongly
52 DOCUMENTAHY HISTORY
marked in the answers from the Executives of the several
States. " The attention which your Excellency has paid to
the finances of the Commonwealth ; 10 and the knowledge of
them, which you appear in so short a time to have attained
11 we cannot omit to recognize. It is by a knowledge of this
business, & an investigation of the a resources " of the Com-
monwealth " to supply the necessary means of supporting the
credit " and safety of the Government, that the greatest good
may be derived to the Community: this knowledge, & this
investigation, can be obtained & pursued, with so w much
greater advantage, by " one person at the head of the Govern-
ment, than in any other way, that we still look to your Ex-
cellency to pursue the tract, with that patience, which you
have hitherto exerted & hope, that still further advantageous
ideas, on this subject, may be laid before the Legislature.
19X The General Court went into an immediate considera-
tion of the requisitions of Congress; but as the business of
valuation has been in hand at this sitting, & not yet fully
compleated : and as this 81 in our Government * was necessary
to be settled before a a new & so important a tax * could be
assigned on the people no decisive measures have yet taken
on those requisitions ; after a M very short recess, they will be
seriously taken up, & we doubt not this State will still " be
distinguished by " 4 every measure which is calculated to pro-
mote the general union, & the credit of the United States.
Your Excellency will find that such further measures as
were deemed necessary, have been taken for numbering the
inhabitants of the Commonwealth.
The state of our own particular debt, lies with great
weight on the minds of the Legislature : effectual measures to
support its credit have been postponed for the same cause,
which has occasioned the consideration of the Continental
requisitions to be postponed. Some measures have been taken
to enforce the payment of taxes, & to punish delinquents. "
OF THE STATE OF MAINE 53
The State of the Militia has been attended to by the Leg-
islature, & a bill is now under their consideration " to render
it respectable.
The Legislature strongly feel the danger & impropriety of
individuals, or bodies of men, attempting to dismember the
State : 2 * it would be improper for them, to give a name to an
offence, which, is doubtless of a very high nature, and which
if necessary, must be judicially determined on. Further leg-
islative Acts to prevent such attempts in future, appear to
be necessary, & a Committee is chosen to bring in a bill for
that purpose as confusion & every disorder must naturally
follow, if such attempts are not timely defeated. *
The union of the several branches of the Legislature, with
the Supreme Executive, in all measures that concern the
public wellfare, is at all times, a most desirable object; the
exercise of the utmost constitutional freedom in deliberating
on these measures, is the most probabal means, to produce
that union, while the views of those concerned in the public
departments are pointed to the good of the whole. The happy
union which has subsisted between your Excellency & the
Legislature gives us great satisfaction, as being founded on
this basis, as we doubt not, your Excellency will continue in
these views, we hesitate not, to assure you of every constitu-
tional support of the Legislature.
In Senate Nov r 29, 1785
Read & accepted as taken into a new draft
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
In the House of Representatives Dec r 1, 1785
Read & concurred with amendment at A viz dele from A
toB
Sent up for concurrence
Nath Grorham Speaker
In Senate Dec r 1, 1785 Read & concurred.
54 DOCUMENTARY HISTORY
Memorial of James Sullivan.
To the Honorable the Senate and House of Representatives of
the Commonwealth of Massachusetts in General Court
assembled
The Memorial of James Sullivan Humbly shews, that in
the year 1782 the Inhabitants of a plantation At the head of
the township of New Bristol delivered him a petition which
he now begs leave to prefer to your honors, instructed him to
offer it to the then general Court, that he Either through
forgetfulness, or for reason which he cannot now recollect
omitted presenting it according to his engagement, by which
the petitioners consider themselves as agrieved and request
him now to offer it with the above state of facts hoping that
it can be no less effectual now than it would have been at
that time he is also requested to inform your honors that the
petitioners would have purchased the Lands which they have
Cultivated of the Committee who have the direction of such
sales but have it not in their power to pay either money or
public Securities for them, but now take leave to propose that
a Conditional Grant may be made them in the following man-
ner viz that the same Act which Grants them the soil may
Incorporate them as a Town, and that the Grant be upon Con-
dition that they within such time as your honors shall think
fit by their Agents Lawfully appointed shall lodge in the
Treasurers office their bond for such sum as the same Land
Shall be Set at payable at such day as shall be directed.
Your Memorialist only begs leave to add that when he con-
siders the suffering of these people during the late War their
most perfect inclination to yield obedience to the Laws, and
the distress which must be consequent upon rejecting their
Petition, he feels himself well assured that they will have all
the attention which they can expect, and which good policy
may at this time dictate
Boston Ocf 24 th 1785 James Sullivan
Petition of Inhabitants of Frenchman's Bay.
To the Honourable the General Court of the Common Wealth
of Massachusetts
Humbly shew the subscribers Inhabitants of a Tract Lying
at the Head of the Township of New Bristol in the County
of Lincoln and belonging to the Government that they have
settled more than fifteen years ago upon the same Lands
having then no doubt but that the Government would in Con-
sideration of the adjacent Lands being made better by their
Labours quiet them in their possessions and therefore humbly
relying upon the Clemency of the Government they have
expended much time and toil upon their new plantation but
being as to Town Government in a state of nature, they find
great difficulty in preserving from the hand of Rapine the
fruit of their honest industry that they have since the
Commencement of the present war uniformly exerted them-
selves in defence of their Country and have within the last
Summer put their Lives and property at hazzard and under-
gone all the hardship necessary incident to an invaded People
in defending those Labours which can never be of advantage
to them or their Families without your Honours attention to
their Petition
Wherefore they Most humbly pray that your honours would
consent that a Township shall be laid out there, of twelve
miles Square and make a grant thereof to your Petitioners
for such Sum, or on Such Conditions, and with such reserva-
tions, as your honours shall think to be most condusive to the
Public Good and should any part of the same be reserved to
the State the Cultivation of the residue will Soon impress
more value upon the part referred than the whole can in any
other way be made worth and as we in Duty bound shall Ever
pray
Dated att frenchmans Bay the 24 May 1781
Thomas Donnell, Abraham Preble Donnell,
56 DOCUMENTARY HISTORY
John Springer, Nathaniel Hardison,
Moses Butler, Benjamin Clark,
David Hoopor, Moses Butler,
Moses Butler, Junur, Nathaniel Butler,
Stephen Clark, Peter Butler,
Judah West, Amo" Gupteal
Daniel Scammons,
Commonwealth of Massachusetts
To the Hon 1 the Senate and House of Representatives In
General Court Assembled
The Petition of the Inhabitants of the Town of Arundel
by their Select Men Humbly Sheweth that Several Requisi-
tions Were Made by the General Court upon this Town for
beaf for the Use of the Continental Army in the Late War :
the first of which was not Complied with (through Means
We Do not mention) the Second was paid in Beaf the third
Was Voted to be paid in paper Money as the beaf Could not
then be procured the Money was taxed & Commited and Col-
lected With as Much speed As our Abilities would Admit of.
And was by our Town Treasurer Carried to Berwick in
order to Deliver it to y e Superintendant but he was then
Gone to Boston and at his Return Could Receive the Money
Because it was (or soon Expected to be out of Circulation
We at this Remote part of the Commonwealth not in the
Least thinking that paper Money was so Near its Exit other-
wise we should have Directly forwarded it to Boston. The
Money was of Vallue to us when Collected and Now Lays
Dead in our Treasury. We Should have Sat Down with the
Loss and paid the hard Money before Now if we had been
Able but the Case Is far otherwise. And we have an Exe-
cution Against us for 11256 wt of beaf @ 10 d per pound
OF THE STATE OF MAINE 57
which with the weight of other taxes Makes it Imposible for
us to pay it. And We humbly Conceive that Considering
the Infertility of our Land & the Length of our Winters that
the taxes bear unequaly hard upon us in this County. Our
Constables have of Late tried Every Effort in their power
to Collect money but are not able. We therefore pray that
your Honors Would take our Distressed Condition into your
wise Consideration and Grant us an Abatement upon the
Execu n mentioned for all but the first Demand. On such
part thereof as your Clemency and Justice Shall think fit,
And your Petitioners as in Duty bound Shall Ever pray
Jn Hovey, Tobias Lord, Thos Perkins ye 4 th \-
Select Men
October 1786.
the paper money Collected [ ] to purchase we 11 De-
liver to the Treasurer of the Commonwealth if Requested
Arundel June 25 th 1781
Rec d of John Fairfield one of the Constables of Arundel
the turn Seven thousand three hundred & seven pounds in
full of his Collection of the Beaf Money Commited to him
to Collect
Benj'n Downing Town Treasurer
A true Copy of the original Receipt
Attest Benj a Downing Town Clerk
Arundel June 23 d 1781
Rec d of John Patten one of the Constables of Arundel the
sum of five thousand Eight hundred twenty-eight pound in
full of his Collection of the Beaf tax Commited to him to
Collect
Benja Downing Town Treasurer
A true Copy of the original Receipt
Attes Benj a Downing Town Clerk
58 DOCUMENTARY HISTORY
Petition of Inhabitants of Thomaston.
To the Honorable Seanate & House of Representatives in
General Court Assembled
The Petition of the Inhabitants of the Town of Thomaston
May 23 rd 1785 Humbly Sheweth-
That whereas the Extream Difucalty of the Late Calami-
tous war renderd our Circumstances varey unhapy by reson
of our various Caulings being stopt as to afordeing us aney
releaf and both famine and sword threatened us our seafare-
ing Bisness stopt and Likewise our Lumber trade and all
ways for the suporte of our famaleys by aney forougn trade
made it Neasecrey for us to Cultivate the Soile for our
bread
As there was Grate Quantitys of Land in its State of
Mature within the Limits of this Common welth we thought
it Good Both for private & Publick Intrest that the improve-
ment of such Lands were Neascearey and whereas there was
a Large tract of Land of near ninety miles Extent upon the
Sea Coast which was Claimed by Absentees or absconders or
both we Exspecting that If those ware absolutely the property
of those persons (yeat as they had left us to Contend for the
invalueable rights and priveledges which the God of Nature
had bestown upon all inteligent beings att the Exspence of
Life and fortune we indulged our selves to beleave that the
virtue and wisdom of the Athority of this Comon welth would
take al Lawful measuers to secure the substance of their own
indeviduals (Tharefore we have Seatled our selves on a Car-
tain tract or parsel of Land being on S l Georges river which
Lands our Athority by our request have incorporated by the
name of Thomaston and our Distresses has ben Grate since by
reason of the Enemy so Near us as Bagedoose our Lands New
and uncultivated that our Labour was hard and our Cares
Grate the Enemy Distressing and maney Times when we had
Labour through the Day for our suport we had to stand upon
OF THE STATE OF MAINE 59
centery att Night to prevent the Enemy from Destroyeing
our Substance which has rendered us unable to guive that
assistance to our Bretheren that we willingly would have Done
Nevertheles we have not Neglected to Cast in our mite
( Tharef ore we humbly request That your Honours would take
it into your wise Concideration and Grant to us att Least
the value of our Improvement upon Said Lands or that we
may have the Lands Confirm'd to us att their reasonable value
as thay Naturealy ware before we improved them but whether
said Lands ware the Property of Indevidualy or of the Comon
welth In General we hope that your Honours will Concider
our Circumstances which constraind us to seatel Said Lands
and Not Disinharite us or Sufer us to be Disinhearited with-
out the reasonable value of our Labour and Expence and
Publick Taxes paid upon Said Lands which if uncomplyed
with will reduce us to the Greatest Extremity and we your
Petitioners are Ever Bound in Duty to pray
Isaac Loveitt, Nath 1 Fales
Selectmen of Thomaston
Benj Babbidge, Hugh Kilby,
Daniel Morse, John Crockit,
David Fales Jun r , Ichabod Barrows,
James Fales Jun r , Comfort Barrows,
John Blackinton, Jacob Keen jun r
James Kilby, David Watson,
Oliver Robins Jun r , Ebeneezer Bly,
Benjamin Blackinton, William Thomson,
William Spear, Nathaniel f ales Jun r ,
Oliver Smith, James Brown,
James Fales, Jonthen Orbeton,
Cap* Jonathan Spear, Ric'r d Keating,
Constant Rankin, James Weed,
John Gooding, Thomas McClenen,
Jonathan Crockit, John Simonton.
Isaiah Tolman, Jun r ,
60 DOCUMENTARY HISTORY
Jon a Peele Agent for the Ship Hector.
To the Honorable Senate and the Honorable House of Repre-
sentatives in General Court Assembled.
Humbly sheweth Jonathan Peele agent for the Ship
Hector lost at the Expedition to Penobscot ;
That on the Settlement of the said Ships account, with the
Committee for settling the accounts of the late board of War,
a Ballance of four thousand, six hundred & seventy pounds,
seven shillings & the Interest remains due to him & other
Owners; that not having received any part of the several
grants made to the Sufferers at that fatal expedition or the
least indemnification for the great loss they then sustained,
your Petitioner, humbly prays Your Honours, to take the
matter into consideration, and order the above Ballance to be
paid And as in duty bound will ever pray
Jon a Peele
in behalf of the Owners Agent for Ship Hector
Re: Sale of lands in Cumberland County.
Commonwealth of Massachusetts
The Committee of Both Houses, to whom was Committed
the representation of the Committee for Selling Confiscated
estates in the County of Cumberland; relative to the sale of
the estate of Francis Waldo Esq r late of Falmouth in said
County, an Absentee, have attended the service and ask leave
to Report by way of Resolve
Stephen Choate p r order
on the memorial of the Committee for Sale of Lands in
the County of Cumberland
Resolved that the Said Committee proceed in the Sale of
the Lands referred to in the said memorial agreeable to a re-
solve of the General Court of February 9, 1785. and that they
OF THE STATE OF MAINE 61
retain in their hands (untill the further order of the general
Court) So much of the proceeds of said Sales as Shall be
sufficient to reimburse, all the Taxes & other Charges that
shall have accrued to this Commonwealth, on said Lands:
and as soon as the Administrators, on the estate of Brigadier
Waldo, dec st Shall make it appear; to the said Committee
that there is not Estate of Francis Waldo's in any other part
of this Commonwealth Suficient to pay one fifth part of the
debts due, from the said Brigadier Waldo's Estate. The
Said Committee, are hereby directed, to pay, so much of the
neat proceeds, on the sale of the Said Lands, in the County
of Cumberland, as shall be Wanting, to make up such de-
ficiency, any law or resolve, to the Contrary notwithstanding.
And it is further Resolved, that the Committee aforesaid
be and they hereby are directed, to Report to the Gen 1 Court,
at their next Setting, their doings relative to the premises
In the year of Our Lord 1785
Whereas Joseph Penrice Merchant Fosther Penrice Black-
smith & James Moffit Joiner resident in Pownalborough have
dwelt within this Commonwealth these several months, and
demeaned themselves well, and have applied to the Legisla-
ture to be naturalized
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
that the said Joseph Penrice Fosther Penrice & James Moffit,
be Permitted to take and Subscribe the Oath of allegiance to
this Commonwealth, before two Justices of the Peace quorum
Unus of the County where they dwell; and thereupon and
thereafter, shall be deemed adjudged, and taken to be Citizens
of this Commonwealth, and entitled to all the Priviledges of
natural Citizens.
62 DOCUMENTARY HISTORY
and be it further enacted by the authority aforesaid That
the Justice before whom the said Joseph Penrice fosther
Penrice and James Moffit may take and Subscribe the
oaths aforesaid, shall make return thereof to the Secretary of
the Commonwealth, who shall record the same in the Book
ordered to be kept for such Purposes
Oct 24 th 1785
Sir : I have the Honnor to Transmit to you, a Transcript
of Entry, and Clearences in the Naval office for the port of
Gouldsborough from the Time I Received the Official Ace 1
of my Election (Which was about the Last of September
1784) untill the twenty Second day of June 1785
Not having the Acts of the Court By me Was not Quallified
as the Law Directs untill March have apointed two Deputys
within my District Whose Returns have Not yet Come
to hand, When they Do shall Forward them the First
opertunity
M r Gordon the Bearer of these Will pay you the Light
money Amounting to 4:6:8. had I Received your Notifi-
cation soon after my Election, Duble the sum might have
Been Colected the Rivers Frezing up in November, Noth-
ing, or Very Little is Done the Winter season
The Enclosed Return and bond togather With the Mony,
I hope Will come safe to hand
I have the Honor to be, with the utmost Respect, your
Honnors Most Oblidged Humble serv*
A. V. Campbell Nav 1 Officer
Port of Gouldsborough
Hon bl John Avery Esq r
OF THE STATE OF MAINE 63
A list of Towns in this Commonwealth who have made re-
turn of the number of their polls agreably to the Act for
taking a Continental valuation.
York 2617 Whites 27 Blacks Kittery 2771 W 39 B.
Wells 2525 W, 17 B. Berwick 3400 W. 20 B, Arundell 1220
W, 10 B. Biddeford 816 W, 11 B. Pepperelboro' 951 W 3
B, Lebanon 804 W, Coxhall 573 W, 1 B, Fryeburg 594 W,
1 B, Brownfield 115 W, 2 B, Shapelaighton 813 W, 6 B,
Total 17199 W 137 B.
Cumberland Falmouth 2860 Whites, 21 Blacks, North
Yarmouth 2224 Whites, 13 B, Scarboro 1245 Whites, 23 B,
Brunswick 816 W, Harpswell 853 W, Cape Elizabeth 1149
W, 9 B, Gorham 1620 W, 10 B, Windham 662 W, 5 B, New
Gloucester 886 W, 3 B, Pearsontown 521 W, Kaymondston
195 W, Sylvester 255 W, Bridgeton 175 W, Otisfield 109 W,
Total 13,570 Whites 84 Blacks
Lincoln Pownalboro' 1153 Whites 2 Blacks, Bath 656
W, Topsham 600 B, 5 W, Bowdoinham 537 W, Pittston 306
W, Hallowell 682 W, 10 B, Vassalboro 817 W, 5 B, Winslow
332 W, Boothbay 757 W, 4 B, Edgecombe 686 W, Medun-
cook 323 W, Warren 387 W, Thomaston 356 W, Fairfield 88
W, Hancock 311 W, Wales 142 W, Canaan 344 W. Total
8477 W, 26 B. Total of all Counties 330,836 Whites 4188
Blacks.
Towns who have not made return viz 1 York Massebesec,
Sandford, Limeric Littlefalls, Buxton Cumberland Gray,
Royalsboro', Bakerstown Lincoln Georgetown, New-
castle, Woolwich, Winthrop, Waldoboro, Bristol, St Georges,
Walpole, Howardstown, Norridgewalk, Sterlington, Lewis-
town, Balltown
Secretary's Office Boston 24 th Oct 1785.
Attest John Avery jun r Secretary.
64 DOCUMENTARY HISTORY
Letter of resignation from William Lithgow J r Esq.
George-Town 19 th October, 1785
Sir,
Conscious that my duty as a member of the Legislative
Body, demands at least a general application to public busi-
ness, during the several sessions of the General Court; but
sensible at the same time, that various private engagements,
and an indispensible attachment to the business of my pro-
fession, prevent me at present, from paying that attention to
the important concerns of the Public, which my duty sug-
gests and my inclination strongly urges me, in a public
Character, to adopt ; I feel myself therefore constrained from
motives of Justice to my Constituents, and a zealous un-
divided attachment to my Country, and this Commonwealth
in particular, to reaign my seat in the Honourable Senate:
to which I have the honour of being elected, as a Member for
the County of Lincoln
I have only to add my sincerest wishes, for the present
and future happiness, prosperity, and glory of the Common-
wealth, and flatter myself that this notice of my Resignation,
will arrive seasonably for New Election agreably to the
Constitution
I am with the utmost respect & esteem, Sir, Your most Ob 1
hum 1 serv*
W m Lithgow Jun r
Superscribed: The Hon ble Samuel Philips Jun r Esq.
President of the Hon ble Senate Boston
In Senate Nov r 2 d 1Y85
Read & sent down
Sam 1 Phillips J r Presid*
OF THE STATE OF MAINE 65
Govrs Message, Od 27, 1785.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
I received yesterday two Packets by the Post from New
York. One of them from the Minister for foreign Affairs,
giving information, that the Algerines had declared AVar
against the United States.
As this Event must greatly effect the Commerce of the
United States in General, and of this State in particular, it
is a natural presumption that Congress will make it the Sub-
ject of their speedy and attentive deliberation; and that the
several States, and this among the rest, will very soon hear
from them in regard to it.
In the mean time you will without doubt think it proper,
that this intelligence, and the letter, upon which it is founded,
should be published in the News Papers for the information,
particularly of those, who are in the mercantile line.
The other Packet, dated the 18 th ins* at New York is from
Nathaniel Sackett Esq r accompanied with a printed copy of
a Memorial presented by him to Congress proposing the
Settlement of a new State whose boundaries are described in
the Memorial. He represents it as essentially necessary to
establish a new State in the situation proposed, in order that
it may be a Barrier against the British settlements in that
neighbourhood, which are carrying on with great rapidity.
M r Sackett thinks such an establishment of great importance
to the United States; & that the Memorial should pervade
every State in the Union to bring it forward. The Memorial,
with divers letters and Newspaper- Accounts printed with it,
are now laid before you for your consideration.
I have a few lines from our Delegates, enclosing a Resolve
of Congress of y e 12 th Instant which will be delivered to you
for your information. James Bowdoin
Council Chamber, October 27 th 1785
66 DOCUMENTARY HISTORY
Order to examine returns of Senators.
-
Commonwealth of Massachusetts
In Senate Nov r 2 d 1785
Ordered that Joseph Hosmer Esq r be a committee to ex-
amine the returns of Senators for the County of Lincoln, &
report who are candidates, in the room of the Hon ble William
Lithgow Jun r Esq r who has resign* 1
Att Sam 1 Cooper, Clerk of Senate
The Committee above mentioned having examined the re-
turns of Senators for the County of Lincoln, find that the
Hon ble William Lithgow & John Farley Esq rs are Candidates
for a Senator for said County in the room of the Hon ble Wil-
liam Lithgow jun r Esq r who has declined taking his seat in
Senate.
Joseph Hosmer
In Senate Nov r 3 d 1785
Read & Sent down
Sam 1 Phillips j r Presid*
Petition of Job Averell.
Commonwealth of Massachusetts
To the Hon ble the Senate & House of Representatives in
General Court assembled
Humbly sheweth your Petitioner that during the late War
your Petitioner, at much Expence of Time ferried over the
River of Sheepscutt, the Number of Men, and at the several
Times mentioned in the Account accompanying this Petition,
for which Service he has received nothing, except the Credit
mentioned in said Account ; And as others have received pay
for like Services, and your Petitioner has done his full Pro-
portion for the support of the late War in the common way,
OF THE STATE OF MAINE 67
your Petitioner humbly prays your Honors to take his Case
into Consideration and order him payment for said Service
according to the said Account as a small compensation for this
extra Labour, or otherways compensate your Petitioner as in
your Wisdom you shall think proper, and your Petitioner as
in duty bound shall ever pray &c
Job Averell
Commonwealth of Massachusetts in the House of Represen-
tatives Nov r 10, 1785
On the Petition of Job Averill praying for an allowance
for his Service in ferrying persons over the River Sheepscutt
during the late War, for the public.
Resolved that the prayer of the Petition be so far granted,
that the Treasurer of this Commonwealth, be and he is here-
by, directed to pay to the said Job Averill, the sum of eight
pounds Nine shillings and four pence lawful Money in full
for his Service as aforesaid
Sent up for concurrence
Nathaniel Gorham Speaker
In Senate Nov r 14, 1785
Read & Nonconcurred
Sam 1 Phillips j r Presid*
The State of Massachusetts to Job Averell, Dr.
1777 June 23 d on a Public Alarm a King Shipp being
Come in I ferried over Sheepscot River Sixty Nine people
at 3 p r man .. 17 .. 3 Sept r 10 th The Rainbow King Shipp
Came in and Took possession of a Continental Shipp I ferried
over s d Sheepscot River one hundred and Eighty persons With
68 DOCUMENTAKY HISTORY
Coll. Jones the Commander Who Were allow'd and paid by
the State forty Shillings p r man at 3 d pr man 2 .. 5 ..
1779 I ferried over s d Sheepscot Eiver Souldiers that
Went on the Expedition against Maj r Bagaduse, so called,
Going there and those that Return'd Eight hundred &
Seventy Six at 3 d 10 .. 19 ..
ferried over s d River for General Wadsworth which he told
me to Charge the State with Thre hundred and Twenty thre
at 3 d 4..0.. 9 Total 18 .. 2 ..
The State C r By Thomas Rice Esq r 3 .. 12 .. Total
14..10..0
Pownalborough May 23 d A. D. 1783
Errors Excepted
p r Job Averell
Lincoln Ss New Castle May 23 d Anno Domini 1783
Than the above named Job Averell personally appear'd and
made oath to the Truth of the above accompt Before me
Benjamin Woodbridge Justice of Peace
Governor's Message Nov r 24th 1 785.
Gentlemen of the Senate & Gentlemen of the House of
Representatives.
Upon receiving information from our Excise Officer at
Machias, that the Inhabitants of Moose Island in Passama-
quody Bay in this Commonwealth had been notified by the
Sheriff of the County of Charlotte, in the British Province of
New Brunswick, to send jurors to that County Court, on
penalty of forfeiting their Estates in case of refusal, I wrote
a Letter on the Subject to M r Carl ton, Governor of that
Province dated the 9 th of September. As I was not informed,
that Gov r Carleton had interposed his authority, I mentioned
OF THE STATE OF MAINE 69
to him, that I was inclined to believe my informant was mis-
taken in his opinion, that the Government of New Brunswick
had given its sanction to a measure altogether unexpected &
insupportable ; & that I assured myself he would issue orders
effectually to prevent the above mentioned, & every other en-
croachment on the territorial rights & Sovereignty of this
Commonwealth, & of the United States
To that Letter I have received an Answer, dated at S l
John the 18 th of Oct r , which not only justified the proceed-
ings of the Sheriff ; but contains an implied declaration, that
the said Island, with several other Islands, is, by virtue of
the treaty of Peace, within that province.
As it seems clear, they mean to obtain possession of those
Islands by compelling the inhabitants to acknowledge the
right of jurisdiction to be in the Government of New Bruns-
wick, I think it highly expedient you should be informed of
their proceedings as soon as may be, that such measures may
be adopted concerning them as you shall judge suitable.
Of those proceedings Congress have been informed by my
letter to our Delegates: & have sent an Account of them to
the Minister of the United States at London
My letter to Governor Carleton & his answer to it will be
delivered to you Gentlemen by the Secretary.
James Bowdoin
Council Chamber, Nov r 24 th 1785
Report of Committee Appointed to Consider the Report of
the Committee on the Subject of Unappropriated
Lands in the County of Lincoln.
The Committee appointed the seventh of November to
consider the report of the Committee on the subject of un-
appropriated lands in the County of Lincoln beg leave to
70 DOCUMENTARY HISTORY
report, that they have attended to the report first mentioned
and the facts and reasonings therein contained, and are of
opinion that it will be for the interest of the Commonwealth,
that the said report be accepted ; and that immediate measures
be taken to carry the same into effect: for which purpose
they present the following Resolves which is humbly sub-
mitted
Sam 1 Baker p r order
Commonwealth of Massachusetts
Whereas the Committee appointed by a Resolve of the
General Court of the 28 th of October 1783, on the subject of
unappropriated lands in the County of Lincoln, and among
other things to ascertain the extent & authenticity of private
Claims to lands in the County aforesaid, have made re-
port, that they have particularly attended to the Claims
of the Plymouth Company (so called) to lands on Kene-
beck river, and that. in the prosecution of their enquiry,
several propositions for an adjustment of the matter in
controversy between the Commonwealth and the said Com-
pany have been made; from an examination of which,
and from a conviction that a speedy adjustment of all
matters in dispute in the Eastern County between Govern-
ment and individuals and Companies must be for the interest
of the Commonwealth, the Committee finally thought it best
for the Commonwealth to meet the Company on the follow-
ing proposition, to wit That the general course of Kenne-
beck River shall be pursued up to the mouth of Wesserunsett
that a line shall be drawn through the mouth of the said
Wesserunsett, at right angles with the said general course of
Kennebeck River, and extended fifteen miles into the woods
on each side of Kennebeck River that another right line
shall be drawn parallel to the said right line passing through
the mouth of Wesserunsett, six miles above it, on a perpen-
dicular distance between the said lines, and extended into
OF THE STATE OF MAINE 71
the woods fifteen miles on each side of the said Kennebeck
River and that the said upper line shall be the Northern
boundary line of the Company's Claims: that the said
Company shall release to the Commonwealth all Claims, that
they may have to any lands above the said upper line; and
that the Commonwealth shall release to the said Company,
all Claims they have to any lands between the said upper line
and the Sea, and within fifteen miles of Kennebeck River
on both sides of it : and that the said Company shall have,
for one year after a settlement is made, the right of pre-
emption to any lands within five miles of the said upper line
above it.
And whereas the said Committee on the best principles &
calculations in their power to adopt, were induced to think
it would be for the interest of the Government to meet the
Company on this proposition
In the House of Representatives March 16, 1786
Read & non concurred
A Ward Speaker
Resolve on Foregoing.
Resolved that the General Court do approve of the said
proposition, & that this Commonwealth doth hereby release,
and grant unto the said Plymouth Company, otherwise called
the proprietors of the Kenebeck purchase, from the late
Colony of New Plymouth, their heirs & assigns forever, all
the right, title & interest, which the said Commonwealth hath
in or to, all that Tract or Parcell of land lying and being in
the County of Lincoln, and Commonwealth of Massachusetts,
bounded Northerly by a line running across said Kennebeck
72 DOCUMENTAKY HISTORY
River at right angles with the general course of said Kenne-
beck River, from the mouth thereof to the mouth of the river
Wesserunsett, at the perpendicular distance of six miles
above, or to the northward of the mouth of the river last
mentioned, the said line extending fifteen miles into the
woods on each side of the said Kennebeck River / : and South-
erly by the Sea or Ocean ; and lying between the said upper
or Northerly line and the Sea, and within fifteen miles of
the said Kennebeck on each side thereof from the said North-
ermost line to the Sea. And it is hereby further granted to
the said Proprietors of the Kennebeck purchase, that they
shall have for one year after the date hereof the right of
preemption to any lands within five miles of the said upper
line above it.
Provided always that the said Company shall within the
space of six months, execute & deliver to the Secretary of
this Commonwealth, agood & authentic Release & Grant, of
all their right, Title, & Interest therein & to all lands in the
said County of Lincoln, not to them released & granted in
manner above said
In Senate Nov. 25, 1785.
Read & accepted
Sent down for concurrence
Sam 1 Phillips Jun r Presid 1
Statement of the Kennebeck Claims.
The Committee appointed by a resolve of the General Court
of the 28 th of October A. D. 1783, on the subject of unappro-
priated lands in the county of Lincoln; and, among other
things, to ascertain the extent and authenticity of private
claims to lands in that county, have particularly attended
OF THE STATE OF MAINE 73
to the claims of the Plymouth Company (so called) to lands
on Kennebeck river : and as they claim extensive tracts there,
by patent, Indian deeds of ancient date, and by various titles
derived from other companies, which involve in them some
things worthy a particular inquiry, the Committee beg leave
to report a particular statement of the said claims.
November, A. D. 1620, King James I. granted to the
Council, established at Plymouth, in the county of Devon, in
England, for the planting, ruling, ordering, and governing of
New England, and to their successors and assigns, all that
part of America, lying between the thirty-ninth and forty-
ninth degrees of north latitude, and the Atlantic and the
Eastern oceans, to hold in fee, in free and common soccage,
rendering one fifth part of the ore of gold and silver; with-
in which limits, the said Kennebeck lands are situated, where-
of it appears the natives of that country were then in
possession, claiming the soil and jurisdiction of the same.
About the year 1620, William Bradford, and others, settled
at New Plymouth, where they made considerable settlements,
and, in the year 1629, had increased to the number of three
hundred families : in consideration whereof, and in considera-
tion they might aid and assist those persons, who might fall
on the coast of America, the said Council, A. D. 1629, granted
to the said Bradford his heirs, associates, and assigns, that
tract of land formerly called the Old Plymouth colony, and
a part of the Kennebeck lands now in question, in the words
and form following, to wit,
"KNOW ye, that the said Council, by virtue and authority
of his said late Majesty's letters patents, and for and in con-
sideration, that William Bradford, and his associates, have,
for these nine years, lived in New-England aforesaid; and
have there inhabited and planted a town called by the name
of New-Plymouth, at their own proper costs and charges:
74 DOCUMENTARY HISTORY
and now seeing, that by the special providence of God, and
their extraordinary care and industry, they have increased
their plantation to near three hundred people, and are, upon
occasions, able to relieve any new planters, or other his
Majesty's subjects, who may sail on that coast Have given,
granted, bargained, sold, enfeoffed, allotted, assigned, and
set over, and by these presents, do clearly and absolutely give,
grant, bargain, sell, aliene, enfeoff, allot, assign, and confirm,
unto the said William Bradford, his heirs, associates, and
assigns, all that part of New-England, in America aforesaid,
and tract and tracts of lands, that lye within or between a
certain rivulet or rundlett, there commonly called Coahasset,
alias Conahasset, towards the north, and the river commonly
called Narraganset-river, towards the south, and the great
Western Ocean towards the east, and between and within a
straight line, directly extending up into the main land,
towards the west, and 'from the mouth of said river, called
Narraganset-river, to the utmost limits and bounds of a coun-
try or place, in New-England, commonly called Pocanacutt,
alias Sawomsetj westward, and another like straight line, ex-
tending itself directly from the mouth of the said river called
Coahasset, alias Conahasset, towards the west, so far up into
the main land, westward, as the utmost limits of the said
place or country, commonly called Pocanacutt, alias Sawom-
set, do extend ; together with one half of the said river called
Narraganset, and the said river, or rundlett, called Coahasset,
alias Conahasset, and all lands, rivers, waters, havens, creeks,
ports, fishings, fowlings, and all hereditaments, profits, com-
modities, and emoluments whatsoever, situate, lying and
being, or arising within or between the said limits and bounds,
or any of them.
And forasmuch as they have no convenient place, either of
trading or fishing, within their own precincts, whereby (after
so long travel and great pains) so hopeful a plantation may
OF THE STATE OF MAINE 75
subsist, as also that they may be encouraged the better to pro-
ceed in so pious a work, which may especially tend to the
propagation of religion, and the great increase of trade to his
Majesty's realms, and advancement of the public plantation
the said Council have further given, granted, bargained,
sold, enfeoffed, allotted assigned, and set over, and by these
presents do clearly and absolutely give, grant, bargain, sell,
aliene, enfeoff, allot, assign and confirm unto the said William
Bradford, his heirs, associates and assigns, all that tract of
land, or part of New-England, in America, which lyeth with-
in or between, and extendeth itself from the utmost limits of
Cobbiseconte, alias Comaseconte, which adjoineth to the river
of Kennebeck, alias Kenebekike, towards the Western ocean,
and a place called the Falls, at Neguamkike, in America
aforesaid, and the space of fifteen English miles on each side
of the said river, commonly called Kennebeck-river ; and all
the said river called Kennebeck, that lies within the said
limits and bounds, eastward, westward, northward or south-
ward, last above-mentioned; and all lands, grounds, soils,
rivers, waters, fishings, hereditaments, and profits whatso-
ever, situate, lying and being, arising, happening or accruing,
or which shall arise, happen or accrue in or within the said
limits or bounds, or either of them ; together with free ingress,
egress and regress with ships boats, shallops, and other ves-
sels, from the sea commonly called the Western ocean, to the
said river called Kennebeck, and from said river to the West-
ern ocean; together with all prerogatives, rights, royalties,
jurisdictions, privileges, franchises, liberties and immunities ;
and also marine liberty, with the escheats and casualties there-
of (the Admiralty jurisdiction excepted), with all the in-
terest, right, title, claim and demand whatsoever, which the
said Council and their successors now have, or ought to have
and claim, or may have or acquire hereafter, in, or to any of
the said portions or tracts of land hereby mentioned to be
76 DOCUMENTAKY HISTORY
granted, or any the premises, in as free, ample and beneficial
manner, to all intents, constructions and purposes whatso-
ever, as the said Council, by virtue of his Majesty's said
letters patents, may or can grant" To have and to hold the
said tract and tracts of land in fee, rendering to the King,
his heirs and successors, forever, one fifth part of the ore of
the mines of gold and silver, and one fifth part thereof to the
said Council.
And the said Council further granted to the said Brad-
ford, his heirs, associates and assigns, their factors, agents,
tenants and servants, liberty to trade and traffic, as well with
the English as the natives, within the precincts aforesaid;
"with liberty of fishing upon any part of the sea-coasts and
sea-shores of any of the seas and islands adjacent, and not
being inhabited or otherwise disposed of by order of the said
President and Council."
Also it is further granted, that it should be lawful for the
said Bradford, and his associates, by some usual or fit name
and title, to form him, or themselves, or the people there in-
habiting under him or them, into a body politic and cor-
porate, for the better government of their affairs, in America.
And the said Council constituted Edward Winslow, and
others, their attornies, to enter, and take possession and seisin
of the granted premises, and to deliver possession and seisin
thereof, to the grantees; which was done and performed
accordingly.
August 8 th , 1648, Monquine, alias Natahanda, who
called himself son of old Natowormet, Sachem of Kennebeck
river, sold, and set over to the said Bradford, and others, "all
the lands on both sides the said river, from Cushenock up-
ward, to Wesserunlkeik ; to have and to hold to them, and
their heirs forever ; with all the meadows, waters, soils, profits,
liberties and privileges, any way belonging thereunto, or
OF THE STATE OF MAINE 77
arising from the same, for and in consideration" of four
hogsheads of provisions, and some other small articles. This
deed is signed by two witnesses, who, A. D. 1672, made oath,
before the Deputy-Governour, that they saw Monquine sign
the said deed. On this paper, below the attestations of the
witnesses, made A. D. 1672, there is a certificate, signed by
Agodoadomago, the son of Wasshemet, and by Tafuch, brother
of Monquine, by making their marks, signifying, that they
consented to the above sale, attested by three witnesses ; two
of whom made oath, before the said Deputy Governour, June
29th, A. D. 1672, that they saw the payment made to Mon-
quine, and that Baggadusiett, being present, received a part
of the goods, for the lands aforesaid.
This instrument appears to have been recorded in the
records of deeds for the county of Lincoln, February 9th, A.
D. 1761.
September 10th, 1653. Essemenosque certifies as follows,
to wit, "This is to certify all whom it may concern, that I
Essemonosque, inhabitant in Kennebeck-river, and one that is
one of the right owners of Teconett ; the which place as also
all that tract of land from Cobbiseconte, unto place where
I now dwell, called Usserunscut : all which land was sold by
Monquine, alias Muttahanada, unto Wm. Bradford, of Ply-
mouth, and his associates: all which lands and places, I was
willing to the sale of, and did give my consent to, and did
receive part of the pay ; as also, I do testify, that neither I,
nor any other Indian, did ever blame him for it, but we did
all freely approve of it. And as for myself, and so many
others, are sorry that Lawson doth now build at Toconett;
and that I never did give way xto it ; and Baggadussett did it
against his will, by the importunity of M r Lake, Koger
Spencer and Lawson, and told them moreover, when they did
desire to buy it, he would not sell it until he had spoken with
78 DOCUMENTARY HISTORY
John Winslow ; yet they did prevail with him : for which he
did tell all the Indians he was sorry, and would repay what
he had received again. All which I do witness by my hand
and mark. Also I do affirm, that Toconett, which Bagga-
dussett did sell to Mr Luke and the rest, he had nothing to do
to sell, the place being properly mine and Watchogoe's wife's,
and that Lawson hath lately desired to buy it of us, which we
have and shall refuse to do.
Essemenosque, X his mark.
This writing is signed by three witnesses; one of whom,
June 29th, 1672, made oath, before the Deputy-Governour,
that he signed, "as a witness, the writing above, signed by
Essemenosque, by his mark on the day of the date thereof;"
and the hand writing of another of the witnesses is attested
to, before one of the assistants, September 10th, 1670.
February 9th, 1761, said writing was recorded in the
records of deeds for the county of Lincoln.
October 27th, 1661. The General Court of the said
colony of ISTew Plymouth, the heirs, successors, and assigns,
of the said Bradford, and others, to the said Kennebeck lands,
reciting the aforesaid grant from the Council of Plymouth,
of the lands at Kennebeck, in consideration of four hundred
pounds sterling, granted the lands, (in the same words, and
by the same description) to Ancipas Boyes, and others, and
their heirs, whose successors the said Plymouth Company
are. And also, the said General Court, by the same deed,
granted to the said Boyes, and others, all the lands purchased
by the said Indian deeds, by these descriptive words, to wit,
"As also all the lands on both sides of the said river, from
Cushenock upwards, to Wesserunset, bought by us of Mon-
quine, alias Mattahannada." Recorded February 9th, 1661.
OF THE STATE OF MAINE 79
July 8th, 1665. Baggadussett made his writing of the
form following, to wit, Know all men by these presents,
that whereas Monquine, alias Mattahannada, the son of old
Nattawormet Sagamore, hath formally sold unto William
Bradford, Edward Wislow, Thomas Prince, Thomas Willett,
and William Paddy, all the lands upon both sides of Kenne-
beck-river, from the lower end of Cobbiseconte, to the upper
side of Wesserunskeik ; to have and to hold to them and their
heirs forever And whereas Baggadussett, Sagamore, doth
challenge and lay claim to the said lands, as the lawful pro-
prietor of the same: now, so it is, that the said Baggadusset
hath, this present day, sold, enfeoffed, and set over all his
right, title, and interest, unto John Winslow, senior, late of
Plymouth, and the rest of his partners, to him and them, and
to his and their heirs, executors, and assigns, all the said
lands, on both sides the river, with all and singular the woods,
meadows, rivers, with all the privileges and appurtenances
thereunto belonging: and for performance hereof, the said
Baggadusset doth bind himself, his heirs, and executors, for-
ever, firmly by these presents ; as witness my hand, this 8th
day of July, 1665. And in consideration hereof, the said
John Winslow, for himself and his partners, hath given to
the said Baggadussett and the worth
of two skins of liquor, and the worth of one skin of bread,
to Abomkett, alias Watchogo.
X the mark of Baggadussett.
This writing is signed by three witnesses, and has the
marks of four Indians thereon. This writing does not ap-
pear to be acknowledged, nor the execution, or delivering of
it, to be proved by the oaths of the subscribing witnesses.
February 9th, 1761, this writing was recorded in the
records of deeds for the county Lincoln.
80 DOCUMENTARY HISTORY
In the royal charter of William and Mary, for the province
of the Massachusetts-Bay, in the third year of their reign,
incorporating therewith the old colony of Plymouth, the
province of Maine, and extending the jurisdiction thereof to
the tract of country between the rivers Kennebeck and St.
Croix, it is granted and ordained, that all such lands, tene-
ments, and hereditaments, and other estates, which any per-
son or persons, or bodies politic, &c. do hold or enjoy, or
ought to hold and enjoy, within the bounds aforesaid, by or
under any grant or estate, duly made or granted by any Gen-
eral Court formerly held, or by virtue of letters patents, or
by any other lawful title, shall be, by such person or persons,
or bodies politic, &c. their respective heirs, successors, and
assigns, forever hereafter held and enjoyed, according to the
purport of such respective grant, paying the rents therein
reserved.
And that no grants, or conveyances of any lands, tenements,
or hereditaments, to any towns, colleges, schools of learning,
or to any private person or persons, shall be adjusted or taken,
to be avoided or prejudiced, for, or by reason of any want or
defect of form, but that the same shall remain in force, ac-
cording to the laws and rules in being previous to the grant-
ing said charter, and the judgment of Chancery for cancell-
ing the former charter.
In the year 1757, the proprietors holding under Clark and
Lake, and the said Plymouth Company having several mat-
ters in dispute, respecting the said Kennebeck lands, sub-
mitted them (by rule of Court) to the determination of
Mess'rs Wolcot, Gridley, Pratt, Worthington and Hawley,
who, reciting that the Plymouth Company claimed all the
lands fifteen miles on both sides of Kennebeck-river from the
Western ocean, to the northern or uppermost part of a place
called Wesserunsett, with all the islands within that extent:
and that the said proprietors, holding under Clark and Lake,
81
(who held under Lawson) claimed to themselves, all the lands
on the west side of the said Kennebeck-river, from the lower
or southerly end of a place called Negumke, and so, going up
said river four miles above the falls at Toconett, and extend-
ing from said river ten miles westerly into the woods : Also,
another tract, lying on the east side of the said river Kenne-
beck, adjoining to the said river Kennebeck, adjoining to the
said river on the north-west, and so south-westerly to the south-
ermost island of Nequamke, and six miles from Toconett
falls, north-eastward, and so fifteen miles along from the said
river Kennebeck into the main land, south-eastward : Also,
another tract of land, lying on Kennebeck-river aforesaid,
and extending from the northermost part of a certain place
called Cobbisconte, unto a certain place called Swan-Alley,
and so extending ten miles into the woods, on each side of the
said river, east and west throughout all the length: Also,
another tract of land on the east side of the said river, bound-
ing northerly on the tract last mentioned, and eastwardly
partly on Sheepscut-river, and south-easterly and southerly on
Monsweeg and Towasset bays, and westerly on said Kenne-
beck-river ; together with the island called Arrowseek island ;
and a tract of land on Parker's-island, so called, bounded as
follows, to wit, Beginning at a point of land commonly called
the Flying-point, and then running down on the eastern side
of the little river, which runneth down by Arrowseek-island,
into the main river of Kennebeck, to the fourth side of the
mouth of the First Great Long Marsh, lying in the Great Bay
Creek Thatch, (as the said bay was formerly called) and
from the south side of the mouth of the aforesaid Long
Marsh, along the wood's side on the southeast and eastern side
of the aforesaid Long Marsh, to the eastern side of the head
of the cove that runs from the bay called Jeremy Squam-bay,
and from thence round that part and parcel of land on the
82 DOCUMENTARY HISTORY
north east and northward side round to Flying-point afore-
said, containing about four hundred and fifty acres
Awarded, that the said proprietors should hold a tract of
land on the east side of Kennebeck aforesaid, beginning at
Merry-Meeting bay, so called, one hundred and sixty rods
northward of the northerly corner of a tract of land laid out
for a township by the proprietors under Clark and Lake, at
a place called Nequasset; from thence running east-south-
east, without variation of compass, to Monsweeg-river ; thence
running southerly down said river to Monsweeg-bay, and so
round southerly to a place called Hell's Gate, Nequasset and
Towassett bays, and westerly on Kennebeck-river and Merry-
Meeting bay, and northerly on the same river to the first-
mentioned bounds; also, Arrowseek-island ; also, the above-
mentioned tract of land or Parker's-island.
And thev further awarded all the rest and residue of the
*
lands aforesaid, (above-recited) on the said river Kennebeck,
(herein not before especially awarded) to the Plymouth Com-
pany, viz. From the northermost part of Wesserunsett afore-
said on the north, to the Western ocean on the south, and
extending the space of fifteen English miles into the woods on
each side of the said river Kennebeck, together with all the
islands within those bounds, except Arrowseek, and part of
Parker's-island above-mentioned.
And that the said Company and the said Proprietors should
grant, release, and quit claim to each other accordingly;
which they did and performed, according to the award, by
deeds, executed, acknowledged and recorded.
The first of the above tracts of land, recited in said award,
appears to have been purchased, by the said Lawson, of
Wasshemet, an Indian Chief; as also all that part of the
second tract therein recited, which extends from said Kenne-
beck-river into the woods fifteen miles, by deed dated May
OF THE STATE OF MAINE 83
24, 1653, signed, sealed, delivered, acknowledged and
recorded.
The third tract in said award, above-recited, appears to
have been purchased, by the said Lawson, by deed dated Oc-
tober 10, 1649, of Abscaduset and Kenebis, Sagamores. This
deed is recorded in the county of York, and the execution of
it proved by the oath of one of the subscribing witnesses.
The fourth tract therein recited appears to have been pur-
chased, November 7, 1639, of the natives.
The deeds of Washomacke, dated June 25, 1653, are found
and produced one, of the second tract of land above-recited,
and the other deed, of a part thereof, lying about Washrong-
river. The first of these two deeds is proved by the oath of
one of the subscribing witnesses, but does not appear to be
recorded. The execution of the second is proved in the same
manner, and appears to be entered and recorded the twenty-
third of November, 1666.
Another deed, dated September 9, 1653, of the said second
recited tract, from an Indian, called Chogoandoe, to the same
Lake and Spencer, who are the grantees in two deeds of
Washomacke, is produced. The execution of this deed is
proved by the oath of one of the subscribing witnesses, July
29, 1654, and appears to be entered and recorded, November
23, 1666, in the book of records, folio 18.
February 20th, 1658. The said Plymouth Company
made a settlement with a Pejepscot Company, so called, who
claim under Richard Wharton; and by deed, executed and
acknowledged by their Clerk, and recorded, the said Pejep-
scot Company released all their right and title, to the said
Plymouth Company, in the lands following, to wit, all the
lands lying within the said Pejepscot claim, northward of a
line beginning at the mouth of Cathance river, and running
a west-north-west course, without variation of compass, until
84 DOCUMENTARY HISTORY
it meets the westerly line of the said Kennebeck purchase,
which is fifteen miles from the said Kennebeck-river ; and also
the lands from Merry-meeting-bay, extending southerly and
lying on the west side of Kennebeck, to the mouth thereof,
where it empties itself into the sea, and from thence to run
westwardly on the sea-coasts round Small Point ; thence run-
ning northerly on the sea shore up to JSTew-meadow-bay, alias
Stephen's river, until it meets with Stephens'-carrying-place,
so called, and from thence to run a west-north-west course,
without allowance for the variation of the compass, to Merry-
meeting bay, with all the islands in Kennebeck-river; and
on the sea-coasts, from the mouth of the said Kennebeck to
the western line of the said Kennebeck Company's claims,
except the islands Sebascodegan, and Little Damaris Cove
island, and the islands in the river Androscoggin and Pejep-
scot ; to hold in fee.
This deed appears to have been made in consideration of
five shillings, and a like release of lands, lying southward of
the first above-mentioned line, by the Kennebeck Proprietors.
The part of the Company's claim, which is supported by
the title of the Pejepscot proprietors may be stated as
follows :
July 7th, 1684 Warumbee, and five other Indians, who
called themselves Sagamores, by their deed to Richard Whar-
ton, recited, that, near sixty years before, Thomas Purchase
came into this country, as they were well informed, and that
he did, as well by power and patent from England, as by the
consent and agreement with the proprietors "of all the lands
lying 'on the easterly side of Casco-bay, and both sides of
Androscoggin-river and Kennebeck-river, enter upon, and
take possession of, all the lands lying four miles westward
from the uppermost falls on the said Androscoggin-river, to
Maquoit in Casco-bay, and on the lands on the other side
OF THE STATE OF MAINE Sf>
Androscoggin-river, from the said falls down to Pejepscot
and Merry-meeting bay, to be bounded by a south-west and
north-east line, to run from the uppermost part of said falls
to Kennebeck river, and all the lands from Mequoit to Pejep-
scot, and to hold the same breadth, where the land will bear
it, down to a place called Atkins-bay, near to Sagadehoc, on
the westerly side of Kennebeck-river ; and all the islands in
said Kennebeck-river, and the land between the said Atkins-
bay and Small Point harbour, and the lands and rivers and
ponds interjacent, containing there in breadth about three
English miles, more or less" and "that they were well as-
sured, that Major Nicholas Shapleigh, in his life time, was,
both by purchase from the Indian Sagamores, their ancestors,
and by consent of Mr. Gorges, Commissioner, possessed, and
died seized of the remainder of the lands lying and adjoin-
ing upon the main, and all the islands between the said Small
Point harbour and Maquoit aforesaid, and particularly a neck
of land called Merrcioneeg, and an island called Sebascode-
gin" and that "the relict and heirs of said Mr. Purchase
and Major Nicholas Shapleigh have reserved accommodations
for their several families, sold all the remainder lands and
islands to Richard Wharton" and that as "said Purchase
did personally possess, improve and inhabit at Pejepscot, near
the middle of the lands aforesaid, for near fifty years before
the then late war" and that "as said Wharton had desired
an enlargement between Androscoggin and Kennebeck-river,
and to encourage him to settle an English town, and to pro-
mote the salmon and sturgeon fishery, by which they promised
themselves great supplies, and for other good causes, and for
a sum of money received" the said Warumbee, and the
others, Sagamores of all the aforesaid and other rivers, and
lands adjacent, for further confirmation of his the said
Wharton' s title and property, gave, granted, ratified and con-
firmed to him "all the aforesaid lands, from the uppermost
86 DOCUMENTARY HISTORY
part of Androscoggin falls four miles westward, and so down to
Maquoit, and by said river of Pejepscot; and, from the other
side of Androscoggin falls, all the lands from the falls to Pejep-
scot and Merry-meeting-bay, to Kennebeck and towards the
wilderness, to be bounded by a south-west and north-east line,
to extend from the uppermost part of the said Androscoggin
uppermost falls to the river of Kennebeck ; and all the lands
from Maquoit to Pejepscot, and so to run and hold the same
breadth, where the land will bear it, unto Atkins-bay in Ken-
nebeck-river, and Small Point harbour in Casco-bay ; and all
the islands in Kennebeck and Pejepscot rivers, and in Merry-
meeting bay, and within the aforesaid bounds, especially the
aforesaid neck of land called Merriconeeg, the island called
Sebascodegin, together with all the rivers, rivulets," &c. and
all the use of the salmon and sturgeon fishery in the said bays
and rivers within said bounds And the said Warumbee
and others, for the Consideration aforesaid, gave, granted,
bargained, sold and confirmed to the said Wharton, "all the
lands lying five miles above the uppermost of the said Andro-
scoggin-falls, in breadth and length, holding the same breadth
from Androscoggin-falls to Kennebeck-river, and to be
bounded by the aforesaid south-west and north-east line ; and
a parcel of land at five miles distance, to run from Andro-
scoggin to Kennebeck-river aforesaid" with all the privi-
leges, &c. and particularly the salmon and sturgeon fishery
within the said bounds to hold in fee And the said
Sagamores covenanted, that they had good right so to confirm
and convey the premises, and to warrant and defend the same
against the lawful claims of any persons under them, or
from any of their ancestors with the following provisoes,
to wit Provided, nevertheless, that nothing in this deed be
construed to deprive us, the said Sagamores, successors or
people, from improving our ancient planting-ground, nor
from hunting in any of the said lands, being not enclosed,
OF THE STATE OF MAINE 37
nor from fishing, for our provision, so long as no damage shall
be to English fishery Provided, also, that nothing herein
contained shall prejudice any of the English inhabitants or
planters being at present actually possessed of any part of
the premises, and legally deriving right from the said Mr
Purchase and our ancestors" Signed, sealed and delivered
in presence of five witnesses, who subscribed their names as
such. The evidence of the execution of this deed of livery
and seisin, &c. is noted on the same, as follows, to wit
"Memorandum, that upon the day of the date of the within-
written deed, the several Sagamores, whose names are sub-
scribed thereto, and inserted therein, did, at the fort of Pejep-
scot, deliver quiet and peaceable possession of the premises,
with livery and seisin, to Mr. John Blaney and wife, in their
own right, as she is administratrix to the estate of Mr.
Thomas Purchase, deceased; and in right of his children.
Also, the said Blaney, as attorney to Mr. Eleazer Way, did,
the same day, deliver quiet and peaceable possession, with
livery and seisin of the premises, to Mr. Richard Wharton,
the quantity of seven hundred acres of land, being excepted
according to a former agreement.
Henry Waters, John Parker
Taken upon oath this 19th day of July, 1684 this was
sworn to by John Parker, before me,
Edward Tyng, Justice of the Peace.
James Andrews, (one of the subscribing witnesses) aged
forty-nine years, testifieth, upon oath, that he saw this deed
or instrument sealed and delivered by the six Sagamores,
within-named, to Richard Wharton, and saw John Parker
and George Felt, the other witnesses, subscribe as witnesses,
as now they are on the endorsement above. Sworn before
me, this 21st of July, 1684.
Edward Tyng, Justice of the Peace.
88 DOCUMENTARY HISTORY
Falmouth, in Casco-bay, July 21, 1684. Warumbee, the
Sagamore within-named, this day appeared before me, and,
in behalf of himself and other Sagamores that sealed and de-
livered the within-written instrument, acknowledged the
same to be his and their free act and deed.
Edward Tyng, Justice of the Peace.
John Parker, of Kennebeck, aged about fifty years, de-
poseth, that he saw this deed signed, sealed and delivered by
the several Sagamores within named, and saw possession, to-
gether with livery and seisin of the premises, as is expressed
in the other endorsement on this deed, and in presence of the
several witnesses thereto subscribing: and further the de-
ponent saith, that upon the eleventh day of this instant
month, he, with Mr. Henry Waters, were present, saw
Warumbee deliver possession and livery and seisin, by a
turft and twig and boftle of water taken by himself off the
land, and out of the main river above Androscoggin-falls, to
Richard Wharton, in full compliance with the conveyance of
the premises within granted and confirmed.
Taken upon oath, 9th (probably 19th) of July, 1684, be-
fore me,
Edward Tyng, Justice of the Peace.
A true copy of this deed or instrument within-written, sub-
scribed by several Sagamores, to Mr. Richard Wharton,
acknowledged by Warumbee, and attested as by divers wit-
nesses above-written; transcribed out of the original, and
therewith compared, this 26th July, 1684, per Edward Rish-
worth, Recorder ; this was taken from a copy from the county
of York, lib. 4, fol. 15 and 16, and was attested by Daniel
Moulton, Register.
Falmouth, in Casco-bay, August 4, 1726. This instru-
ment was shewn to Wine-meuel, chief Sachem of Penobscot,
OF THE STATE OF MAINE 89
and his tribe, at the ratification of the peace, then made be-
tween the government of the Massachusetts Bay and the
Penobscot and other eastern Indians : this was done by a Com-
mittee of the General Court appointed for that purpose.
Attested,
John Wainwright, Chief Concilii.
The above attestation is rendered and attested on a copy of
said Indian deed produced at said treaty, in my hands.
Belcher Noyes, Prop. Clerk.
The contents and evidence of the execution of this deed and
title must be taken in connection with the subsequent doings
of the General Court.
June 10, 1715. To encourage the settlement of Bruns-
wick and Topsham, it was "voted that the Court give a con-
firmation to their purchase, as bounded and laid down in their
proposals/' (referring to the Pejepscot purchase) "with a
saving for any or all other grants, titles, interests or estates
that may be found within the same, and particularly that of
Harvard College, and with a reservation of the rights, im-
provements and possession of any inhabitants or proprietors ;
provided always, and it is to be understood, that those persons
shall be subject to such regulations of this Court, as have been
made, their settling in a defensible manner." By the fore-
going vote it appears, the lands therein referred to were con-
firmed, &c. to the Pejepscot Company, according to the
proposals laid by them before the Court. Respecting these
proposals, is the following, to wit,
Province of Massachusetts-Bay. In obediance to an order
of the Great and General Court of said province, bearing date
January 26, 1764, published in the several public prints,
directing all persons claiming land in the late Province of
Main, and without the bounds of any town, by virtue of any
grant or title whatsoever, to make return of the bounds of such
90 DOCUMENTARY HISTORY
claims into the Secretary's office, on or before the first day of
June next.
The proprietors of certain lands at Pejepscot, bordering on
Androscoggin-river, do hereby represent the bounds of their
claim to said lands, derived by legal purchase from the In-
dians, anno 1684, and confirmed by the General Court of the
said province anno 1715, viz. Running from five miles
above the uppermost falls of Androscoggin-river, on a north-
east line, over to Kennebeck-river, including what land lyes
to the southward of that line, down to Merry-meeting-bay
Likewise running from said Androscoggin uppermost falls
four miles west, and so southerly down to Maquoit, taking in
the lands lying four miles west of said river Likewise the
lands lying southward of Merry-meeting-bay, on the westerly
side running down to Small Point harbour, including Merri-
coneeg-neck, and the island Sebascodegin, with the other is-
lands interjacent and on the easterly side running round
Wineganee-point, and so down Segadahoc-river, along by
Arrowseek-island down to Atkins-bay.
Out of which tract of land, since the confirmation of the
General Court in 1715, said proprietors have settled three
townships, to wit, Brunswick, Topsham and Harpswell are
now prosecuting the settlement of a fourth township above
Brunswick and Androscoggin-river.
In behalf of the proprietors Signed,
Belcher Noyes, Prop. Clerk.
The above is a true copy of the Pejepscot claim on file in
the Secretary's office, exhibited by Belcher Noyes, Esq.
Attested, John Cotton, D. Sec'ry.
The Committee do not find on the records of government,
or know of any objection that has been made to the above
description of the Pejepscot claim; from whence (from the
presumption the Company, in their proposals to the General
OF THE STATE OF MAINE 91
Court in 1715, stated the bounds of their claim according to
their Indian deeds, and from taking the whole evidence to-
gether respecting the subject) they conceive the evidence to
be in favour of the confirmation of the claim as it is laid down
by the Company.
June 13th, 1762. The said Plymouth Company made a
settlement with the Witscaset Company, commonly called,
who claim under the heirs of George Davis; and the said
Witscaset Company, by deed executed and acknowledged by
James Halrey, their Clerk, and recorded in the records of
deeds in the county of Lincoln, July 10th, 1762, granted, re-
leased and quit-claimed, to the said Plymouth Company, the
tract of land following, to wit, Beginning at the upper nar-
rows of Sheepscut-river, at the northermost part of a point of
land on the easterly side of said Sheepscut-river, called Fly-
ing-point; from thence to run across said river a north-west
course, without variation of compass, half way over to Kenne-
beck-river; from thence to run southerly, keeping an equal
distance between said Sheepscut-river and said Kennebeck-
river, until it meets the northern boundary line of a tract of
land claimed by the Company holding under Clark and Lake,
and the Andover proprietors ; from thence to run east-south-
east, on said northerly line, until it meets with Monsweeg-
brook, and river, to the mouth thereof, where it empties itself
into Monsweeg-bay ; then turning easterly round a point of
land, (a little to the southward of which point of land is an
island lying in said bay) and to run northerly up said bay and
Sheepscut-river, on the west side of Jeremy Squam island, to
said Flying-point, to the first-mentioned boundary line, except
certain lots mentioned and reserved in said deed.
This deed was given in consideration of a like deed of re-
lease by said Plymouth Company to the said Witscaset Com-
pany, of other lands.
92 DOCUMENTARY HISTORY
The lands aforesaid, granted and released as aforesaid by
the said Witscaset Company, were purchased of the Indians,
Modocahant and others, Sagamores, by George Davis, by deed
dated Dec. 21, 1663, recorded by the Clerk of the Committee
of Eastern Claims, and are a part of the lands contained in
the said deed, and within the limits following, to wit, All
that parcel or quantity of land lying on the west and north
side of Witscaset-bay, with the land lying on the west or north
side of Monsweeg-bay, with a certain island, lying to the east
of Sheepscut-narrows and Monsweeg-bay, containing by esti-
mation about four thousand acres ; the consideration of which
purchase from the Indians was 20 1 . sterling. In the con-
structions of the deeds and patent aforesaid, and in ascertain-
ing the boundaries of the lands thereby conveyed, a number of
questions arise, that deserve the greatest attention, as well on
account of their ambiguity, as of their importance to the
parties interested : the Committee, therefore, find it necessary
and expedient, to pursue the claims of this Company, in their
several parts, as they are founded on distinct titles, to collect
and state the evidence touching the boundary lines of the re-
spective claims, where they are obscure and doubtful, and to
put that construction on the several parts of the said deeds
and patent, and on the acts and doings of Government, and
parties interested in the land in question, which may be most
agreeable to law, justice and reason.
As the claims of this Company now extend, and involve in
them almost all the considerable matters of controversy which
have existed this century and more, past, between the Gov-
ernment and individuals, respecting the Sheepscut, the Ken-
nebeck, and the Androscoggin lands, and remain undivided,
the Committee find it difficult to give any idea of the situation
of these claims, without entering somewhat minutely into the
state of them, and of the imperfect evidence that can now be
collected.
OF THE STATE OF MAINE 93
In examining this claim, the most material general ques-
tions that arise, are,
1st. Kespecting the northern and southern lines of the
patent lands.
2d. The extent of the lands granted by Monquine and
Essemenosque, as granted and confirmed to Boyes, and others,
A. D. 1661.
3d. The extent of the lands conveyed by Beggadusett.
4th. The extent of the Pejepscot claim, westwardly. And
5th. The extent of the lands, owned by Government, be-
low Cobbiseconte, &c.
And first, to fix the northern and southern lines of the
patent tract on Kennebeck-river, granted to Bradford, and
others, the Committee have endeavoured to ascertain the mean-
ing of some of the descriptive words of the grant, as the ex-
pressions "Cobbiseconte," "the utmost limits of Cobbiseconte,"
"river Kennebeck," "falls at Negumkike," "towards the West-
ern ocean," &c. by comparing them with similar expressions
used in other grants, about that time, and from the best evi-
dence they can collect; and by attending to the apparent de-
sign of the grant, and the manner in which it was heretofore
understood.
The lands granted by the patent aforesaid, appear to be a
tract lying between the utmost limits of Cobbiseconte, (which
adjoineth to Kennebeck) toward the Western ocean, and a
place called the Falls, at Neguamkike. If the boundary ob-
jects, Cobbiseconte and Falls at ISTeguamkike, can be found
and fixt with certainty, there would be less difficulty in fixing
a literal meaning, at least, to the ambiguous expressions afore-
said, and the situation of the above-mentioned lines.
There is much evidence extant of two places on Kennebeck-
river, one about four miles below the mouth of the river
Cobbiseconte, and one about fifteen miles above, which have
94 DOCUMENTARY HISTORY
been called by the names of Nehumke, ISTehumkeeg, ISTegum-
kike, and by other similar names; each of which has been
fixed upon as the falls and bounds mentioned in the said
patent, by different companies and interests, who have de-
lineated the same, and laid them down in their respective
plans accordingly.
At the lower place is laid down in a plan printed A. D.
1752, a stream called ISTahumkee, but no falls, and at the
upper place, Negumkikee-falls. In a plan, said by some to
be an ancient plan, is marked, about four miles below the
mouth of Cobbiseconte, a place called Nehumke. In Colonel
Heath's survey made A. D. 1719, and in Jones's survey,
made 1731, is noted, at the same place, Nehumkeeg. In
North's survey made 1752, the same place is marked Neguam-
kike, or Nehumkeeg.
Thomas Johnson, in^his deposition taken in perpetuam, &c,
A. D. 1753, testifies, that the words Negumkikee falls, men-
tioned in the said printed plan, were not in the said ancient
plan, but were inserted by order of one Mr Gibbs.
John Bane, October 19, 1752, aged 76 years, testifies, that
in the year 1692 he was taken captive by the Indians, and
kept with them seven years and ten months, learned their
language, and travelled about with them in Kennebeck-river
well remembered the rivulets that run into it, and a small
river or rivulet called Cobbiseconte, about twelve miles above
Richmond-fort ; also, that there is a place called Negumkike,
on the east side of said Kennebeck-river, about fifteen or six-
teen miles up the river Kennebeck from Cobbiseconte, near
which place are some falls ; that also on the east side of said
Kennebeck-river is a place called Nehumkee, about four miles
down the river below Cobbiseconte, and that Nehumkee and
ISTegumkike are two distinct places, about twenty miles dis-
tant from each other, which several places were constantly so
called by the Indians. Taken in perpetuam, &c.
OF THE STATE OF MAINE 95
Joseph Bane, October 21, 1752, testified as above as to his
captivity, travel, &c. that he well remembered the river Ken-
nebeck, from the mouth of it to Norridgwalk, and a place called
Nahumkeeg-brook, and falls on the east side of Kennebeck,
about seven miles above Swan-island; and also a place or
river called or known by the name of Cobbiseconte, about
ten or twelve miles above said Swan-island ; also a place
called by the Indians Warunskiek, being a branch of the
aforesaid river, on the east side, near old Norridgwalk; he
further testified, that he always understood, by the Indians
and English, that Kennebeck-river was called Kennebeck to
the sea or ocean, and that he understood the Indian language
well; and that the mouth of Kennebeck-river was called by
the Indians, Sunkadarunk, which the English call Sagade-
hock. Taken in perpetuam, &c.
Jabez Bradbury, Esq. among other things, deposed, that he
was one of the magistrates who took the first deposition of
Bane above-mentioned that said deposition being produced
and read to Bane, he in the main approved of it that some
gentlemen present inquired of him respecting Nehumkike,
said to be in the deposition fifteen or sixteen miles above
Cobbiseconte ; as, Are there falls ? to which he answered, ISTear
to that place is falls; and accordingly it was put down.
Taken in perpetuam, &c.
May 25, 1753. Phillip Call, Obadiah Call, and James
Collar, testified, that they had been well acquainted with Ken-
nebeck-river for about twenty years, and well acquainted with
it from the mouth up to Toconeek or Neconet-falls, about
thirty-six miles above fort Richmond, and sixty two miles
from the mouth of said river Kennebeck ; and that they were
well acquainted with all the noted places, brooks and small
rivers, from said Richmond-fort up to Toconeek-falls, to wit,
a small river, called Nifcumskiek-f alls, about five miles above
96 DOCUMENTARY HISTORY
the said fort; Nehumkeeg or Negumkike-falls, about seven
miles above the fort ; Cobbiseconte-river, about ten miles, &c.
that Toconeek-falls are about thirty-six miles, and that
they never knew or heard of any place called by the Indians
or English Nehumkeeg or Negumkike-falls, but the place
above-mentioned, which is two or three miles below Cobbi-
seconte. Taken in perpetuam, &c.
John Harron testified nearly to the same purpose as Call
and others, as to the falls and Cobbiseconte-river.
Jabez Bradbury, Esq. deposed, as to those facts, nearly to
the same purpose : and he further deposed, that Weffrumkeeg
is just below the great falls Squahegon, and about ten miles
below JSTorridgwalk ; and that Bombazeen had told him, that
on the east side of Kennebeck-river, opposite to Merry-meet-
ing-bay, was the place where his uncle Baggadusset had lived.
- Taken in perpetuam, &c.
May 12, 1753. Mr. North and three other persons de-
clared, that they had surveyed Kennebeck-river up twenty-
four miles above Cobbiseconte, and that they saw no falls in
Kennebeck-river for that distance; but that there are several
small islands in that river, and strong current above Oushana.
By said Indian deed to Lawson, all the lands on the west
side of Kennebeck-river are conveyed, from the lower or
southerly end of a place called Negumke, to a place four miles
above the falls at Toconeek ; and also a tract of land on the
eastern side of said river, from the southermost island of
Neguamke to a place six miles above Teconett-falls, as above
mentioned.
In the Plymouth colony's deed to Boyes, and others, all
the lands described in the said patent, as also all the lands on
both sides of Kennebeck-river, from Cushenock to Wesserun-
sett, were conveyed.
OF THE STATE OF MAINE 97
Soon after the patent was granted, the patentees, it appears,
made settlements, and built a trading-house at Cushenock,
which is some miles higher up Kennebeck-river than any part
of Cobbiseconte river, which was out of the patent, upon the
idea, that the falls below Cobbiseconte, were intended by the
expression, "Falls at ISTeguamkike."
From the best information the Committee can obtain, from
persons now living, respecting these falls, it appears, there is
a place, about fifteen or seventeen miles above the mouth of
Cobbiseconte, now considered as falls, in Kennebeck-river ;
perhaps the same that is mentioned by North, and others,
under the descriptions of some islands and a strong current.
By the evidence aforesaid, it appears beyond a doubt, that
about three or four miles below the mouth of Cobbiseconte,
there is a place and falls called Nehumke, and by other fami-
liar Indian names : but from the plans and depositions above-
recited, or from any plans or evidence to be found, it does
not so clearly appear, that there are any falls in Kennebeck-
river between Cobbiseconte and Teconett-falls, heretofore
called or known by the name of Neguamkike, or by any other
like name. But considering the evidence above produced,
tending to establish the fact, that there were no such falls
between the two last-mentioned places, is merely negative,
and stands opposed to the said first-recited deposition of Bane,
the observations of North, and others, respecting the islands
and a strong current, and to some positive evidence collected
from persons now living, and acquainted with the river; but
especially to the expressions of the patent, the aforesaid In-
dian deed to Lawson, the said colony deed to Boyes, and
others, which are, though imperfectly, explained by the do-
ings of the government, and settlements of the grantees, in
the more early periods of those grants, it may be inferred,
that there were, at the time the patent was given, falls called
98 DOCUMENTARY HISTORY
Neguamkike, or by some similar name, about fifteen or six-
teen miles above the mouth of Cobbiseconte. As the lower
falls above-mentioned, are situated rather between the north-
ern and southern extremes of Cobbiseconte, no rational con-
struction can be given to the words of the patent, on the
supposition those falls were intended by the words in it, falls
at Neguamkike ; and the settlements made at Cushenock, by
the patentees, must clearly have been made some miles above
the patent tract. In the institution of Government at Kenne-
beck, under the Commissioner, Thomas Prince, A. D., 1653,
it appears, the people, residing at Cushenock, were included
therein, and took the oath of fidelity to the Government;
which could not have been, unless they were within the lands
and jurisdiction of the colony of Plymouth. The persons
who claimed under the said deed to Lawson, do not appear to
have extended the lands, thereby granted, any further down
Kennebeck-river, than to the place where the upper falls
aforesaid are placed. These facts tend to explain the original
ideas of the grantors and grantees of the said boundaries,
which must be considered as a necessary and a rational kind
of explanation in these cases.
Another ambiguous expression in the descriptive words of
the premises of the patent, respecting the Kennebeck lands,
is, "the utmost limits of Cobbiseconte." These words or the
expression, have been long a subject of much controversy
amongst the different Companies interested in that country.
Some supposed, by Cobbiseconte is meant a river only:
some, the waters and ponds adjoining to the river of that
name; and some, the tract of country, including those ponds
and waters. This river, Cobbiseconte, is an inconsiderable
stream, taking its rise some miles to the west of Kennebeck-
river, in a number of ponds which extend four or five miles,
and make its general course south-easterly towards Andro-
scoggin-river, till it comes within six or seven miles of Swan-
OF THE STATE OF MAINE 99
island; then makes its course back into the country about five
miles, and empties itself into the river Kennebeck : extending
southerly from the lower or southern bend or part of Cobbi-
seconte river, is a pond and collection of waters, quite down
to Androscoggin. Now, the Committee find no evidence that
those ponds, waters, or that tract of country, were ever called
Cobbiseconte; except what arises from some modes of ex-
pression in the said patent, and in some Indian deeds.
The patent conveys all the lands between the utmost limits
of Cobbiseconte, towards the Western ocean, &c. which words,
utmost limits, seem to apply with more propriety to a tract
of land that has extent and boundaries, nearer and remoter
parts, than to a small stream, to which those terms are seldom
or never applied.
Baggadussett, in his deed, recites, that Monquine had sold
all the land from the lower end of Cobbiseconte, &c. and
another sells all the land from the northermost part of Cobbi-
seconte, &c. which expressions improperly apply to Cobbi-
seconte-stream, and especially, considering the situation and
form of it, and its general course from east to west : but this
is a kind of evidence, perhaps of little weight, when we attend
to the many inaccurate and redundant expressions and words
in instruments written an hundred and fifty years ago ; a kind
of evidence balanced by natural supposition, that those words
did not, a century and an half past, convey precisely the same
ideas they now do ; nor are there many instances to be found,
especially among the Indians, of countries lying contiguous
to rivers being named after them ; and there must have been
less reason for naming lands, lying in the neighbourhood of
the two large rivers Kennebeck and Androscoggin, after the
name of a small stream that passes through them, as in the
present case, than in many other situations.
That the aforesaid stream has been uniformly called Cobbi-
seconte, there can be no doubt. In most of the before-recited
100 DOCUMENTARY HISTORY
depositions, and in all the plans extant, the stream or river
Cobbiseconte, is noted or mentioned. Wherefore, the fairest
and most natural conclusion appears to be, that by the word
Cobbiseconte, in the patent used, is intended the river or
stream of that name ; and that by the words utmost limits of
Cobbiseconte, is meant the lower or southern verge, bend, or
port of it, southward, or towards the Western ocean.
Fixing, then, the lower or southern bend at Cobbiseconte-
river as the southern boundary of the patent tract, and the
said upper falls as the northern one, between which bend the
falls is a distance of about twenty miles, and between which
extremes the patent tract may be supposed to lye, the literal
meaning of the descriptive words of the Kennebeck patent
may be ascertained with a good degree of certainty ; especial-
ly, by comparing therewith like modes of expression in other
instruments, from the" same Council of Plymouth, and other
instruments of the last century.
In making grants in the first settlements and transfers of
lands in this country, it appears, in a multitude of instances,
that the grantors attended particularly to the rivers, seas,
mountains, and other objects or things that served as bound-
aries; then described and granted the lands lying within or
between those bounds, or extending themselves from one
bound to the other, and mentioned or described the rivers,
&c. that served as bounds as lying or being towards the north,
towards the east, towards the south, &c. meaning thereby,
that the river or other boundary mentioned, lye northward,
eastward, southward, &e, of the lands granted. An instance
of this nature is to be observed in the aforesaid patent of the
Old Plymouth colony, whereby all the lands are granted lying
and being within or between the river Conahasset, towards
the north, and the river Narraganset, towards the south, and
the Western ocean, towards the east; meaning thereby, that
OF THE STATE OF MAINE 101
Conahasset-river lyes to the northward of the land granted ;
Narraganset to the southward, and the ocean, to the eastward.
Many other like expressions are to be seen in the deeds of the
same Council of Plymouth, of lands in America, and in other
instruments, written in the last century. The substantial de-
scriptive words in the premises of the Kennebeck patent, ap-
pear to be reducible to this form, to wit, "All the lands
between the utmost limits of Cobbiseconte, towards the south,
cr Western ocean, and the falls at Neguamkike, and extending
fifteen miles on both sides of the Kennebeck-river." Sup-
pose, then, a line to be draw over said falls, and another line
over the said bend of Cobbiseconte-river, at right-angles with
Kennebeck-river, and considered as the northern and southern
lines or boundaries of the patent lands, the external relative
objects between which the granted lands are, the words of
the Kennebeck patent may have the same unforced construc-
tion, as the grant aforesaid of the colony of Plymouth; and
the lands conveyed by the said Council, in the Kennebeck
country, may be considered as a tract lying between a certain
bound or place called Neguamkike, towards the north, or
northward, and a bound or place called the utmost limits of
Cobbiseconte, towards the Western ocean, towards the south,
or southward of the granted lands.
But the greatest difficulty in fixing the bounds of the Ken-
nebeck patent arises from an apparent inconsistency between
the preamble, and the descriptive words of the premises.
Governour Bradford, in his history, mentions a circum-
stance which took place about two years before the patent
was obtained, which supports, in some degree, the idea of the
preamble That some difficulties and controversies had sub-
sisted between the people of the colony of Plymouth, and the
people settled at Piscataqua, and to the eastward of them,
about the trade of Kennebeck-river, that the latter and the
102 DOCUMENTARY HISTORY
fishing-ships envied the trade of the former at Kennebeck,
and threatened to get a patent to exclude them. In conse-
quence of which, a gentleman was sent to England, among
other things, to procure a patent for the colony of Plymouth
which was obtained accordingly; and which, in the
preamble, recites, that, whereas the said Bradford, and his
associates, had no convenient place for trade and fishing, after
the many difficulties they had struggled with Then follows
the grant of a place at Kennebeek for those purposes. If a
general trade and fishery were intended, which appear to be
the ideas conveyed by the preamble of the grant, it is difficult
to say, for what valuable purpose a tract of land, between
Cobbiseconte and Xeguamkike-falls, could be granted, the
nearest part of which to the sea, is about thirty-six miles from
it. A desire so to construe this grant as to make it answer
the ends of a general trade and fishery, and some expressions
in the patent itself, have produced another construction of the
said descriptive words in the premises, to wit, that by the
words, "towards the Western limits of Cobbiseconte, or the
north part thereof, towards, or to, the Western ocean. But
this construction, being repugnant to the literal and more
apparent meaning of the said descriptive words contained in
the body or part of the deed, that must controul the preamble,
ought not, the Committee conceive, be admitted, without the
fullest evidence, that the design of the grant was to convey a
convenient place for trading and fishing in general, and that
the design of the grant must be frustrated, unless it be ex-
tended to the sea, or near to it.
By the said preamble, and the aforesaid passage recited
from Governour Bradford's history, which mention trade
generally, and by which passage it appears the fishing-ships
were concerned in the trade of that river, and which are
usually connected with foreign trade, the conclusion seems to
be, that a general trade and fishery were intended.
OF THE STATE OF MAINE 103
To consider further that this was a grant made to a govern-
ment, in a young and unsettled country, in fee, and to con-
tinue forever, wherein, it is reasonable to suppose, the parties
looked forward beyond the temporary trade of the Indians,
i t appears more difficult to conclude, that an inland tract only
was intended by the grant.
But the trade in fact carried on in that country for near a
century and a half, tended to prove, that a particular trade
was intended. No trade appears to have been carried on
during that time, except in one or two instances, but with the
Indians. For the most part, from the year 1645, to the year
1669, the trade of Kennebeck was rented out to Bradford,
and others; and the rent appears to have depended, almost
entirely, on the state of the Indian trade : When war broke
out, the rent in a manner ceased, and when peace returned,
the rent was renewed. The grantees, at a very early period,
built a trading house at Cushenock, a place about half way be-
tween Cobbiseconte and Xeguamkike-falls.
1662, the said Boyes, and others, built a fortification at
Musequoite, and were concerned in some trade at Arrowseek.
If a foreign and general trade and fishery were intended,
the Committee are convinced, that the grant of an inland tract
could not answer those purposes: but considering the easy
navigation of the river Kennebeck, or Sagadehoc, from the
sea to Merry-meeting-bay; that the Kennebeck lands were
then full of Indians at times troublesome and hostile a
situation extending from Merry-meeting-bay, or from any
place a small distance above it, into the country, twenty or
twenty five miles, might serve, at least, the valuable purposes
of uniting the Indian, salmon and other trade of the river,
with the cod-fishery and a foreign trade; and to unite the
interest and strength of the grantees, necessary to carry on
and protect both, in a central and advantageous manner.
104 DOCUMENTARY HISTOEY
Previous to the year 1639, many families settled about
Merry-meeting-bay, and on the sea-coasts, near Kennebeck, or
Sagadehoc-river ; and many of them, probably, before the
grant was made. In 1653, said Prince was commissioned to
govern, at Kennebeck, with assistants, the affairs of the
colony; who assembled the people at Merry-meeting-bay, to
take oath of fidelity ; when Atkins, who, probably, lived near
Atkins-bay, Parker, and others, who, probably, lived on the
islands near the sea, which now bear their names, were
present, and took the oath : which place of meeting and which
islands, upon the supposition the patent did not extend below
Cobbiseconte-river, were out of the limits of it. But consid-
ering that, previous to this time, more extensive jurisdiction
of government had been granted to the said colony, by the
government and Council of state, in the time of Cromwell,
so that the colony might extend its government to lands and
people not within the lands granted by the said patent, but
little can be inferred from this circumstance, for or against
extending the grant to the sea.
Nor can much, on a careful perusal of the authorities, be
inferred from the words in the patent, to wit, on each side of
Kennebeck, or from the like expressions frequently to be
found in the proceedings of the late colony of Plymouth,
wherein frequent mention is made of their people, their
estates, their trade, &c. at Kennebeck; for, though in many
histories and manuscripts, written in the early settlements of
that country, the river between Merry-meeting-bay and the
sea is called Sagadehoc, there are as many instances wherein
it has been called Kennebeck, to the sea.
In the clause in the patent, respecting the Kennebeck lands,
"free ingress, egress and regress, to pass from the sea to Ken-
nebeck-river, and from thence to the sea," is granted. This
shews, that the Company, to whom the grant was made, must
pass through the territories of others, to come to their own;
OF THE STATE OF MAINE 105
for, if their grant of the lands extended to the sea, the river
of course passed with them, and those words redundant ; and
though many redundant and unnecessary words are often used
in conveyances, yet, here, these words being particularly ap-
plied to the Kennebeck, and not to the grant of the old colony
of Plymouth, there cannot be so much reason to suppose them
superfluous.
But, why ingress, &c. should be granted from the sea up to
Kennebeck, and not up Kennebeck-river to the lower bound-
ary of the patent, or Cobbiseconte, which is five or six miles
from the mouth of Kennebeck, admitting it to begin at Merry-
meeting-bay, does not appear.
There are some instances, wherein the Company have pro-
cured grants and quit-claims of the natives, perhaps the only
legal proprietors of the soil, in aid and support of their patent
title, of the rights of the Indians to all the lands on Kenne-
beck, from Wesserunsett to the lower end of Cobbiseconte;
but there is no evidence, that they ever attempted to procure
any deeds from the Indians of any lands below Cobbiseconte.
Further, it was intended that this grant should extend to
the sea, words proper to express that intent must have readily
occurred to the parties This circumstance, of not using
such words, but of using words that apparently, in their
literal construction, confine the grant to an inland tract, must
be a weighty reason for concluding, that it was not originally
intended, that the patent should extend to the sea, or West-
ern ocean.
The Committee are rather of opinion, that the said utmost
limits of Cobbiseconte ought to be fixed at the southern bend,
aforesaid, of the river of that name; but whether they are
right as to this fact, is a matter of some doubt; or whether
the utmost limits of Cobbiseconte, "towards the Western
ocean," ought not to be extended as far down as the souther-
most part of the said waters that adjoin to the said river, at
106 DOCUMENTARY HISTORY
the aforesaid bend, which extend down five or six miles to-
wards Androscoggin-river.
Baggadusset, by his aforesaid deed, released all his right
to the lands on Kennebeck, as far down as the lower end of
Cobbiseconte ; and it appears that Baggadusset lived near
Merry-meeting-bay, a little below the body of said waters.
The second general question, that naturally arises in the
statement of this claim, is respecting the extent of the lands
conveyed by Monquine, Washemet, and other Indians, be-
tween Cobbiseconte and Wesserunsett, as confirmed by the
said deed from the colony of Plymouth to Boyes and others,
and by the doings of Government, and Indians, since.
Monquine, by his deed aforesaid, sold all the lands on both
sides of Kennebeck-river, from Cushenock upwards to Wesse-
runsett, but does not mention or describe the breadth of the
land sold ; nor does it appear that he meant to continue the
patent tract, upwards, as he begins and fixes his lower bound-
ary at Cushenock, about the middle of the patent lands.
Washemet, by his deed aforesaid, conveyed the lands on the
west side of Kennebeck-river, from Neguamkike-falls to a
place four miles above Teconett-f alls, and extending ten miles
into the woods; and all the lands on the east side of Kenne-
beck, from Neguamkike-falls to a place six miles above
Teconett-f alls ; which place, as appears by the plans extant,
is about two miles below the mouth of the river Wesserunsett ;
which lands the Company now hold under the aforesaid
settlement, with the proprietors holding under Clark and
Lake.
Essemenosque, by his writing aforesaid, certified, that
Monquine had sold all the land from Cobbiseconte unto a
place where Essemenosque then dwelt, called Usserunsett.
This mode of expression cannot extend upwards any further
than the words in the deed of Monquine; and the words,
unto a place called Usserunsett, where I now dwell (admitting
OF THE STATE OF MAINE 107
by Usserunset is meant a country) cannot include any part of
the lands of Usserunsett; for the words up to Usserunsett
evidently excluded ; and the words, where I now dwell, refer
to Usserunsett, that is, up to Usserunsett, where, at which
place, or at which Usserunsett, I now dwell ; nor does it ap-
pear by this writing, how far the lands sold by Monquine, or
by this writing, extend into the woods on each side of Ken-
nebeck-river.
The conveyances of the lands between Cobbiseconte and
Wesserunsett river, by the natives of the country, having been
acknowledged by the General Court of the old colony of Ply-
mouth, whose acts and doings are binding on the present
government, by their aforesaid deed to Boyes and others, the
predecessors of the present Plymouth Company, it is un-
necessary now to inquire particularly into the forms and exe-
cution of those conveyances.
The said General Court, by their aforesaid deed, conveyed
to Boyes and others, all the lands contained in the Kennebeck
patent, by the same descriptive words of the premises of it;
as also all the lands from Cushenock to Wesserunsett, con-
tained in the deed of Monquine, or Natahanda.
Taking these deeds together, the question, respecting the
breadth of the lands conveyed by Monquine, becomes of much
less importance, especially as to the lands on the east side of
the river Kennebeck.
In two or three instances, in the treaties between the gov-
ernment and Kennebeck Indians, the Indians complained
that the English had intruded on the Indian lands ; to which
the government answered, that the Indians had, for valuable
considerations, parted with all their lands, to the English,
fifteen miles on both sides of Kennebeck, as high up as Wesse-
runsett; which answers the Indians did not deny, but en-
deavoured to evade them. These complaints and answers are
to be seen more particularly in the treaties of 1732 and 1753.
108 DOCUMENTARY HISTORY
Government, also, in these instances, are said, directly or by
implication, to have approved of the conveyances made by the
natives.
On the third general question in this statement, to wit,
What lands were there conveyed by the aforesaid deed of
Baggadussett to Boyes, and others ? large interest depends.
On the validity and construction of this deed depends the
ownership and title to a tract of land thirty miles in length,
and about twenty seven miles in breadth, mostly laid out by
the Company, and in their possession, and some parts there-
of settled under them.
On this point, the Committee find no facts that took place
before or since the date of that writing, or any doings of the
respective General Courts, that throw any light on the subject.
This question the Committee have examined, and stated
under four points of view : The title Baggadussett probably
had to those lands the validity of this writing its efficacy
as evidence of what Monquine had before sold and the ex-
tent of the lands, if any, conveyed by it.
By the aforesaid deposition of Jabez Bradbury Esq. and
from the name of a point of land near Merry-meeting-bay,
called, in many plans and surveys, Abbagadasset, it appears
probable, that Baggadussett lived there ; from which point of
land to the lands above Wesserunsett, is about forty five or
fifty miles.
From the history and the modes of living amongst the In-
dians in this country, there can be no great doubt but that
they originally held their lands as tenants in common, in a
state of nature ; and though they have formed themselves into
tribes and clans, yet the members of those tribes still retain
a common and undivided right to the lands of their respective
tribes; but from the respect they have constantly had for
their Sachems and Chiefs, and from long usage and custom
among them, the Sachem, or Chief, has acquired a right,
OF THE STATE OF MAINE 109
founded in tacent consent, a kind of legal authority and
power to dispose of the lands of his tribe or subjects, and
especially with the consent of some of his principal subjects,
or his counsellors.
A distinction, however, has sometimes been made, that a
Sachem is considered only as a Wise Man, and a Sagamore
as the first legal Magistrate.
That Baggadussett was a Sagamore, and Monquine a
Sachem, son of Nattawormet, Sagamore, as they style them-
selves in their writings, the Committee find it no where
controverted.
The lands claimed by virtue of this deed or writing, extend
from the lower end of Cobbiseconte, to a place of about twenty
seven miles above the mouth of the river Wesserunsett ; with-
in which limits are contained, a large tract of land, about
Wesserunsett, east of Kennebeck-river, and a large tract west
of it the Norridgwalk lands, the Teconett lands ; the lands
about Cobbiseconte, Cushenock, Weskrong, and many other
places of some note, and on which lands lived the Norridg-
walk Indians, and, probably, some other tribes, among which
there were a number of Sachems and Sagamores that fact
is rather confirmed by the aforesaid Indian deeds. In the
year 1648, Monquine called himself Sachem of Kennebeck-
river, and sold all the lands from Cushenock to Wesserunsett ;
to which Agododomago, son of Wasshemet, and Tasuch,
brother of Monquine, consented, and Baggadussett received a
part of the goods for which Monquine sold those lands.
1653, five years after, Wasshemet sold to Lawson, part of the
lands contained in Monquine's deed, consented to as aforesaid
by Wasshemet's son. 1653, Essemenosque certified, that he
was one of the right owners of the Teconett lands, which, also,
are contained in Monquine's deed, and partly in Wasshemet's,
and that he lived at Wesserunsett that he consented to the
sale of Monquine, and received a part of the pay that the
110 DOCTJMENTAKY HISTOKY
Indians all approved of that sale that Baggadussett sold
Teconett Lake, and the rest, against his will, but that Bagga-
dussett had no right to it, the place being the property of
Essemenosque and the wife of Watchogo.
In the sale of Baggadussett, Abonskett or Watchogo re-
ceived part of the pay. From these circumstances there ap-
pears to have been a kind of aristocracy of Sachems and
Sagamores, or Chiefs, among these Indians, so far as re-
spects their rights and powers to convey their lands: nor
can it be inferred, that any one of them had a right to all the
lands extending from Cobbiseconte even to the river Wesse-
runsett, Monquine sold the lands at Teconett so did
Wasshemet and Baggadussett ; and, Wasshemet's son living,
the father consented to the sale of Monquine; and Esseme-
nosque affirmed about the same time, that the same lands be-
longed to him and tlje wife of another Indian, and the hus-
band, Watchogo, as having a right, received a part of the
equivalent given. Now, Watchogo and his wife must have
been of different families, or descended from a remote an-
cestor. Wasshemet sold to Lawson without the consent of
the rest ; whence, it is probable, he was the Chief of a distinct
tribe Monquine and Baggadussett were living, and Chiefs,
at the same time, and acted as such ; by which it may be in-
ferred, from the laws and customs of the Indians, that they
were Chiefs of different tribes. From all which, the most
natural conclusion, the Committee think, is, that even the
lands between Merry-meeting-bay and the river Wesserunsett,
belonged to different Chiefs, and that no one Chief had a
right to convey the whole: and as Baggadussett lived near
Merry-meeting bay, probably, the presumption is, that he had
no right to a large tract of country above Wesserunsett-river,
some of it seventy miles distant from Baggadusset or Ab-
bagadasset-point. These circumstances or considerations
may be a further reason for not extending the construction of
OF THE STATE OF MAINE 111
Baggadussett's deed, and for not supposing that Monquine
ever sold lands so high up as twenty-seven miles above
Wesserunsett.
As to the validity of the deed of Baggadussett, it does not
appear that it was ever acknowledged, or the execution of it
proved by the oath of the subscribing witnesses. In the year
1761, it was recorded, when the other Indian deeds aforesaid
to this Company were put on record, in the county of Lincoln.
The said other Indian deeds were acknowledged, or proved,
1672. This deed of Baggadussett is mentioned by the
Pejepscot proprietors, 1753, when they were the opponents
of the Plymouth Company, and engaged in a controversy with
them; but no particular objection appears then to have been
made to it by those proprietors; nor does it appear that, at
that time, either the Company or said proprietors had any
idea that the lands, intended by the expressions of this writ-
ing, extended further up Kennebeck river than to the river
Wesserunsett ; nor does it appear, by any expression or words
in that writing that there was a delivery of it or that it was
intended to operate wholly as a release or quit-claim deed ; or
that any livery and seisin, or actual possession, accompanied
it. This writing, or deed, as to the lands above Wesserunsett
river, must operate as a deed of bargain and sale, if it had
any effect or serve as evidence, that Monquine had before
conveyed those lands and operate as a release of any right
that Baggadussett might have to the lands below Wesserunsett.
This deed can never be considered as evidence that Mon-
quine had before conveyed the said upper lands; for had
Baggadussett declared, on oath, that Monquine had sold
them, it could be no evidence of the sale of lands by the laws
ever in force and practised upon in this country; and such
evidence must not only be of no consequence in itself, but
directly against the words of the only deed found or produced
112 DOCUMENTARY HISTORY
from Monquine. But this deed, as to the boundaries, mis-
recites Monquine's, and in a manner that might easily escape
the notice of an Indian, or any one not intimately acquainted
with the language in which that writing is wrote.
To the operation of Baggadussett's deed, as a bargain and
sale of lands above the river Wesserunsett, there are two
objections. 1st. It recites, that Monquine has sold all
the lands on both sides of Kennebeck-river, from the lower
end of Cobbiseconte to the upper side of Wesserunsett, and
that Baggadussett laid claim to those lands; then uses the
words, "sold, enseossed, and set over, all his right, title, and
interest," unto John Winslow : and though the words, sold, &c,
are proper words to be used in a deed of bargain and sale, yet,
when coupled with the words, "his right, title and interest,"
nothing more appears to be expressed, than an intention to
release or quit his light in the lands sold by Monquine. 2d.
The Indans, like almost all other nations who have not sub-
stituted the methods of recording their instruments of con-
veyance, as evidence of transferring real property, appear,
generally, to have been accustomed to the making of livery
and seisin, of giving actual possession, or of doing some such
act of notoriety, when they transferred their lands ; none of
which forms appear to have been observed in this case.
In stating or examining this question, as to the extent of
the lands that were intended by the expressions in Bagga-
dussett's deed, it is necessary to inquire, what is to be under-
stood by Wesserunsett. There can be no doubt but that there
is, not far below Norridgwalk, a river called Wesserunsett,
Usserunsett, Wessorunskeik, and by other similar names
it is noted in the late plans, and is mentioned in some deposi-
tions taken thirty years ago; but the Committee find no evi-
dence, except what arises from the modes of expression in
this and some other deeds, that those Indian words or names
ever signified a country or tract of land But if by these
OF THE STATE OF MAINE 113
words was intended a country, that country, deriving its
name, probably, from the said river Wesserunsett, would be
limited to the lands about that river, and east of Kennebeck ;
and therefore, supposing a tract of land is meant, it would
be unnatural to include the lands under that name on the
west of Kennebeck-river.
Some things to be found in the said treaties seem to con-
firm the idea, that the Indians had not disposed of any of
their lands above Wesserunsett-river : they were told, they had
parted with their lands to Wesserunsett ; but nothing is men-
tioned that shews they had parted with them above that river.
The report of the referees aforesaid, in the cause between
the proprietors holding under Clark and Lake, and the Ply-
mouth company, which appears to consider this Kennebeck
claim as extending to the northerlymost part of Wesserunsett,
ought to have its weight ; but that report cannot be material,
or of much consequence, in the present question for in that
inquiry it was not material whether this claim extended above
the mouth of Wesserunsett, or not; and therefore it may be
presumed, that the referees took the upper boundary of the
Kennebeck claim as it was stated to them by the party.
The laws of the old Plymouth colony, and of the Massa-
chusetts, and the statute of the 13th of William III. have
often been produced, to invalidate these and other Indian
deeds; but the Committee, on a careful perusal and a fair
construction of those laws, do not see their application; for,
the deeds of Monquine, Baggadussett, and Washemet, in part,
were of lands out of the limits or jurisdiction of the respective
governments, when those deeds were given, and those laws
of the separate colonies were made. And, though the law of
the 18th of William III. declared, that all Indian deeds, ob-
tained since the year 1633, of lands in this then colony, not
confirmed by the respective governments, should be deemed
114 DOCUMENTARY HISTORY
void; with an exception as to lands eastward of Piscataqua-
river; with an exception, also, as to the lands purchased in
Dukes-county, and ISTantucket, from the natives, for further
confirmation of the other lawful titles and possessions of the
purchasers; which last clause, for further confirmation, &c.
has been often extended to refer as well to the lands pur-
chased eastward of Piscataqua-river, as in the said southern
counties; which does not appear to he a just construction of
that clause, especially as such a construction must give the
law, as far as it respects eastern lands, a retrospective opera-
tion an operation to avoid deeds that might originally be
good, yet such declaratory clause, as it looks back, ought, to
be confined to the purchases made in the said counties where
the said deeds were obtained against the laws then in being.
In the fixing the extent of the Pejepscot claim westerly, a
material fact ought to be settled, respecting the uppermost
falls in Androscoggin river, mentioned in the said deed to
Wharton. This river empties itself into Merry-meeting-bay,
and extends eighty or a hundred miles into the country, west-
erly or north-westerly: near Brunswick are falls; and about
twenty miles from its mouth, are another set of falls, and near
Bakerstown; and about sixty miles from the mouth, are a
third set of falls, near Phipps' Canada, and as large as the
former; and some small falls still further up this river.
Which falls (the twenty miles falls, or the sixty miles falls)
are intended by the expression, "uppermost falls in Andro-
scoggin-river," described in the said deed of Warrumbee and
others, to Wharton, is a question, for the determination of
which, but little evidence is to be found.
As the lands are conveyed, by this deed, to the uppermost
falls in this river, and the sixty mile falls are as large or
larger than the twenty mile falls, the presumption, from this
form of expression, and the usual construction of deeds in
OF THE STATE OF MAINE 115
favour of the grantees, must be, that the sixty mile falls were
intended, till the contrary can be shewn. That the falls at
Phipps' Canada were known to the parties to this deed, at the
time it was given, the evidence is, a note in Sheppard's plan,
which mentions, that an Indian fort was destroyed 1676, at a
place a little above said sixty mile falls ; but no authority or
evidence is found by the Committee to support this note of
Sheppard Also, the depositions of two aged persons, who
testified, that they travelled up Androscoggin-river about sixty
miles, where they found these falls, a little above which had
been an Indian town.
On the other hand, it can hardly be supposed, that the said
Indians granted to Wharton a tract of land extending from
the sea into the country near seventy miles, lying in a narrow
tract, on Androscoggin river. In the year 1765, the next
year after the Pejepscot Company lodged in the Secretary's
office, by order of Government, a copy of the descriptive part
of their deed from the said Sagamores, the township of
Bakerstown was granted, and bounded easterly on the head
line of the said Company's patent, beginning at the falls
called the Great Falls, or twenty mile falls; which falls, it
appears, then were understood by the General Court, to be
the falls intended in the said deed to Wharton : and nothing
appears to the committee that this Company made any objec-
tions to the laying out of this township, or to the said doings
of the General Court. If the Company can support their
claim to the lands up to the sixty mile falls, a line drawn
from thence to Kennebeck, a north-easterly course, according
to the said deed, they will hold the lands on the west side of
Kennebeck river, much higher up than Wesserunsett. These
Sagamores recited, that Purchase lived near the centre of the
lands granted by their said deed, at Pejepscot: and Pejepscot
being about half way between said twenty mile falls and the
sea, it may be considered as circumstantial evidence of some
116 DOCUMENTARY HISTORY
weight, that those twenty mile falls were the falls intended in
said Indian deed to Wharton.
The last general question, respecting the quantity of lands
owned by the commonwealth between the lower part of Cobbi-
seconte and the sea, within fifteen miles of Kennebeck, or
Sagadehoc, is made material by the proposition for an ad-
justment, hereafter mentioned, proposed by the Company and
Committee. X
Bringing or extending the patent lands as low down Ken-
nebeck-river as the southern bend of Cobbiseconte, a tract is
left, on the east side of Kennebeck, between the patent and
the sea, fifteen miles wide, and about nineteen miles long;
and on the west side, a tract fifteen miles wide, and about
twenty-one miles long : of which, all the lands between Cobbi-
seconte and Swan-Alley, and extending ten miles on each side
of the river, are inchided in the aforesaid deed to Lawson,
dated 1649, which the Company hold by virtue of their settle-
ment, aforesaid, with the proprietors holding under Clark
and Lake : of which lands, also, between Cobbiseconte and the
sea, the Company hold another tract by virtue of the same
settlement, and partly by the said settlement with the Witchs-
caset Company, including all the lands east of Kennebeck or
Sagadehoc-river, and between that and Sheepscut-river, ex-
cept a part of Parker's-island, about eight hundred acres,
according to the plans of that island.
Whence there appears to be, on the east side of Kennebeck-
river, within fifteen miles of it, a piece of land of about six
miles long, and four and a half wide on an average, lying
south of the patent land, and east of the lands claimed under
the said deed to Lawson, to which the Company make no title,
upon the supposition that the patent tract extends no lower
down than the said southern bend of Cobbiseconte, but which
is included in the patent nearly, if it extend as low down as
the southern part of the said pond of Cobbiseconte; which
OF THE STATE OF MAINE 11 7
piece of land of six miles by four and a half is now included
in towns incorporated.
Of which tract, also, between Cobbiseconte and the sea,
there is another piece of land, lying east of Kennebeck or
Sagadehoc-river within fifteen miles of it, between Sheepscut
and Damaris-Cotta rivers, about thirteen miles long, and three
and an half wide, on an average, to which the Company also
have not made any title, unless they may have title thereto
under the patent; the greatest part of which lye within the
township of Boothbay, incorporated A. D. 1764; and also
within the claims by persons claiming under the Indian deeds.
Of which lands, also, between Cobbiseconte and the sea, on
the west side of Kennebeck or Sagadehoc-river, and within fif-
teen miles of it, the Company make title to themselves and
the Pejepscot Company, with whom they have made settle-
ments under the said title of Wharton, to all the lands, except
a tract near Maquoit, south-west of a line drawn from a point
four miles west of said uppermost falls to Maquoit. This
tract cannot be very large, or contain more than fourteen or
fifteen square miles ; and much less, if said line be drawn to
the south-west part of Maquoit. This tract lyes within towns
incorporated and principally settled.
In the prosecution of this inquiry, several propositions for
an adjustment, of the matters in controversy between the
Commonwealth and the Company have been made ; from an
examination of which, and from a conviction that a speedy
adjustment of all matters in dispute, in the eastern country,
between government and individuals and companies, must
be for the interest of the state, the Committee have finally
thought it best for the Commonwealth to meet the Company
on the following proposition, to wit, That the general course
of Kennebeck-river shall be pursued up to the mouth of
Wesserunset that a line shall be drawn through the mouth
of said Wesserunsett at right angles with the said general
118 DOCUMENTARY HISTORY
course of Kennebeck-river, and extended fifteen miles into the
woods on each side of Kennebeck-river that another right
line shall be drawn parallel to the said right line, passing
through the mouth of Wesserunsett, six miles above it, on a
perpendicular distance between said lines, and extended into
the woods fifteen miles on each side of said Kennebeck-river
and that the said upper line shall be the northern boundary
line of the Company's claims : that the said Company shall
release to the Commonwealth all claims that they may have
to lands above the said upper line and that the Common-
wealth shall release to the said Company all claims they have
to any lands between the said upper line and the sea, and
within fifteen miles of Kennebeck-river on both sides of it
and that the said Company shall have, for one year after a
settlement is made, the right of pre-emption to any lands
within five miles of fhe said upper line above it.
The Committee, on the best principles and calculations in
their power to adopt, were induced to think it would be for
the interest of the Government to meet the Company on this
proposition.
All which is subscribed,
Samuel Phillips, jun. Nathaniel Wells, Nathan Dane.
In Senate June 25, 1785.
Eead, and committed to Cotton Tufts, Esq. with such as
the Honourable House shall join.
Sent down for concurrence,
Samuel Phillips, jun. President.
In the House of Representatives, June 15, 1785,
Read and concurred ; and Mr. Stearns and Mr. Crafts are
joined.
Nathaniel Gorham, Speaker.
OF THE STATE OF MAINE 119
In Senate, November 7, 1785.
Committed to Samuel Baker and John Sprague, Esquires,
with such as the Honourable House shall join.
Sent down for concurrence.
Samuel Phillips, jun. President.
In the House of Representatives, November 7, 1785.
Eead and Concurred; and Mr. Thomas, Mr. Wales and
Mr. Lee are joined.
Nathaniel Gorham, Speaker.
Commonwealth of Massachusetts
In the House of Representatives January 31 st 1784
Whereas it is necessary that measures should be immediate-
ly taken for securing the public property at the Post at
Penobscot of late occupied by the British Troops
It is therefore Resolved, that the Governor be, and he here-
by is requested forthwith to give Orders to some Officer in the
County of Lincoln to repair to the Post aforesaid, and to take
into his custody all such Public property as he shall find
there or thereabouts to take an exact list of all such property,
and make return of the same to the Governor and also to
give Order for detaching such a number of the Militia in the
said County, (if any may be necessary) as shall be sufficient
to carry this resolve into execution
Resolve further, that the Officer, who shall be appointed
for the purpose aforesaid shall have allowance made by the
General Court for his services and those of his Assistants
Sent up for Concurrence
Tristram Dalton Spk r
In Senate January 31 st 1784
Read & Concurred
Samuel Adams Presid 1
Appro v'd John Hancock
True Copy Attest ^ John Avery Sec 7
120 DOCUMENTARY HISTORY
Commonwealth of Massachusetts ^
To the Hon ble Senate and House of Representatives of the
said Commonwealth in General Court assembled
The Petition of Samuel M c Cobb, Humbly sheweth,
That pursuant to a Resolve of the General Court of the
31 st of January 1784; your Petitioner was by the Governor
directed to proceed to Penobscut and take into his Custody all
such public property as he should find there or there abouts.
that in obedience to the said direction your Petitioner did
in fact proceed to the said place & disposed of the public
property there found agreable to the same Order in doing
which he was necessarily put to considerable expence and
trouble in procuring a proper Vessel for the purpose in
manning & victualing her and for the party who accom-
panied him with arms for which he therefore humbly prays
that agreably to said 'Resolution your honors will be pleased
to grant him a reasonable compensation for his service and
expence in this matter & as in duty bound will ever pray
Sam 1 M c Cobb
Nov r 22 d 1785
1784
May 12 D r The Commonwealth of Massachusetts in Ace 1
with Sam 1 M c Cobb for Proceeding to Penobscot to take pos-
session of the Public Stores &? in that place by his Excel-
lency 8 John Hancock" Esqr 8 Orders
To the Use of my Schooner of 26 Tuns 12 days at 12/ p r
day 7.4.
To my Attendance on that Business 12 days, at 12/. ..7.4
To 8 Men Assistants for waiges Provisions Arms and Am-
munition & c at 6/ p r day } 28 . 16 Total 43 . 4-
Errors Excepted
p r Sam 1 M c Cobb
OF THE STATE OF MAINE 121
Commonwealth of Massachusetts
In the House of Representatives Nov r 26 th 1785
on the petition of Samuel MCobb praying that he may be
allowed his account for going to Penobscut by the Direction
of the Governor to take care of the Publick Stores there
agreabel to a Resolve of the General Court of the 31 st of Jan-
uary 1784
Resolved that there be allowed and paid out of the treas of
this Commonwealth to Samuel M c Cobb Esq r the Sum of thirty
Nine pounds twelve Shillings in full for the Service aforesaid
Sent up for concurrence
Nathaniel Gorham Speaker
Letter from W m Lithgow Escf.
Boston, 29 th Nov r 1785
Sir,
Having been appointed, jointly with Thomas Rice and
Rufus Putnam Esquires, by a Resolve of the Hon ble the Leg-
islature of this Commonwealth of March last, to treat with
the Indians of the Penobscut Tribe, respecting their claims
to certain Lands on the Penobscut River, I very soon after the
date of that Resolve, saw and conversed with Mr Rice upon
the subject, who agreed with me that the beginning of July
would be a very proper time to prosecute the business as-
signed us, as we were sensible the Indians must by that time
have finished their spring Hunting, and would probably be
returned to their settlements upon the River.
Pursuant to this idea, I took the earliest opportunity of
writing to M r Putnam, to whom I communicated in substance
the preceding Resolution, with our deliberations thereon, but
as he happened at that time to be engaged on a distant survey
at the eastward, I did not receive his answer untill about the
first Ult, when he informed me by Letter that my communi-
cation had reached him but a little before that time, at
122 DOCUMENTARY HISTORY
Machias, but that he expected to be on the Penobscut very
soon, and should be ready to attend the proposed Treaty by
the middle of November ; but M r Rice and myself united in
sentiment that the period mentioned by M r Putnam was by
no means eligible for the purpose of a conferrence with the
Indians; both on account of the advanced, and probably in-
clement season of the year, which in that Country always
renders the travelling extremely difficult, if not hazardous in
a variety of Instances, and because we were well assured that
the Indians could then by no possibility be collected together,
as that would be the heighth of their season for hunting ; and
for these reasons we thought it advisable to postpone the
prosecution of the business, to a more favorable opportunity.
These facts I conceived myself bound in Justice to the
Gentlemen appointed to state to the Hon ble Legislature, lest
they might be deemed guilty of an unpardonable inattention,
to the duties of their delegation.
It may not be improper to add, that during the summer
past, I have frequently beared that the Indians were early
apprized of, the before mentioned Resolution, and often ex-
pressed an ardent wish to meet us in conferrence upon the
Subject of it ; and should the Hon ble Legislature still think a
Treaty with them respecting the Lands in question, an eligible
Measure, I beg leave to suggest the propriety of appointing
Persons for the purpose, who, by residing not so very distant
from each other may from that circumstance, be better able
to embrace the most favorable opportunity of attaining the
object of their appointment.
I am Sir, very respectfully
Your most obedient humble Serv*
W m Lithgow Jun r
In Senate Dec r 1, 1785
Read & sent down
S. Phillips j r Presid 1
OF THE STATE OF MAINE 123
Re: William Webb's Letter.
Bath, July 27 th 1785
Sirs
I have to acquaint you that agreeable to advice from Maj :
Lithgow, I have proceeded to secure the impost on those
Grindstons landed before the entry of Sloop Fanny's Cargo,
& have given her liberty to depart from this port, have 6 taken
a small compensation for our trouble which I will pay you,
any time ; shou'd have come down with them but my business
wou d not permit. I am Gentlemen your humb 1 Serv*
Will" 1 Webb
M r John Cheslum M r Jordan Parker M r Godbold.
Superscribed, M r John Cheslum
Georgetown by M r Archibald.
The Committee to whom was referred the consideration of
a Complaint against M r William Webb Naval Officer for the
port of Bath contained in a Letter produced under the hand
of said Webb I have carefully examined into the matter, and
find that it don't appear to your Committee he has been guilty
of any willful neglect of duty in his office, but if any neglect
in conducting the Matter complained off in so regular a man-
ner as could be wished it was owing to his Unaquaintedness
with Naval Matters being just after his Appointment to
Office.
Petition of John Vinal in behalf of town of Fox Island-
To the Hon ble Senate and House of Representatives in Gen-
eral Court assembled.
The Petition of John Vinal Attorney for the Inhabitants
of Fox Island Humbly Sheweth
124 DOCUMENTARY HISTORY
That at the last Winter Sessions of the General Assembly
of this Commonwealth, a Petition was presented to your
Honors for the purposes therein expressed: and as the said
Petition is now in the Hands of the Committee for the Sale
of Eastern Lands Your Petitioner humbly Prays that your
Honours would take such measures relative theirto as your
Wisdom shall dictate. And your Petitioner as in Duty
bound will ever pray
John Yinal
Gentlemen of the Senate & Gent n of the House of Repre-
sentatives.
By a Letter of the 23 Ins 1 from M r Thompson which will
be communicated by the Secretary, you will be informed,
Gentlemen, that his Excellency John Hancock Esq r has been
unanimously elected President of Congress, by the Seven
States then represented.
James Bowdoin
Council Chamber N"ov r 30, 1785.
Account of fees Received as Naval Officer for the Port of
Boothbay.
Dec. 14, 1785.
Sum total to 16 .. ..
A true Coppy p r
Tho 8 Boyd jun r K Officer
for the port of Boothbay
OF THE STATE OF MAINE 125
Richard Trevett to Thos Ivers.
York Feb y 17 th 1786
Sir:
Inclosed is the acco 1 of Light money and of Fees both of
which acco ts Square for the year 1785 or up to the 20 th Jan y
1786 which Compleats the Last Six months Return to the
Secretary, I have the Pleasure to Convey this with the ball 6
Due for Light Money by my good Friend & Brother Judge
Sewall
I am S r your most Humb 1 Serv*
Rich* Trevett ISTav 1 Officer
Honb 1 Tho 8 Ivers Esq r Treasurer
Fees Reed from R Trevitt Port of York.
Naval Office Port of York. \ A True acco* of Fees Received
by me between the 18 th of Ocb r 1785 and 18 th of Jan-
uary 1786 Viz*
1785 Oct 28 th For Entering Brigantine Polly Sam 1 Sewall
Master from Cape Francis, 10/ adminis ts an Oath, & In-
dorsing on the Register I/ & permit to unload I/ \ 12 ,
Nov r 2 d Ditto Schooner Lark, Obadiah Donnell Master
from Boston 1 4, 4 th Ditto Schooner Polly, Will" Sea-
ward a yearly Coaster, report 6, 9 th Ditto Schooner
Sally, Nath 1 Parsons for the Eastward, a Cocket 1 6,
25 th Ditto Sloop Speedwell, Tho 8 Harmon Master from Cape
Francis Entering 10/ adminis tg a Oath & Indorsing Regis-
ter & permit 2/ \ 12 , 28 th Ditto Sloop Lively, Don-
nell & sloop Abigal, Zeb: Harmon jun r 2 Certificates for
Light Money @ I/ [ 2 , Dec r 3 d Ditto Schooner Two-
friend, Jeff n Mushemore, Cleard for Boston 2 , a
Certificate for Light Money for 6 mo while a fishing 1 ,
126 DOCUMENTARY HISTORY
13 th Ditto Schooner Polly Cleard for Connecticut Solomon
Varrell master [ 4
1786 Jan y 12 th Ditto Sloop Speedwill, Tho 8 Harmon mas-
ter Cleard for W : Indies & Certificate for Light m } 011
Total 2 7 4 the above is a True and accuret acco* of
all the fees which I have Received in my office to the best of
my Knowledge to this Date attest
Rich d Trevett Naval Officer
Dated at York January 20 th 1786 -
York Ss Feb y 7 th 1786 Then Richard Trevet made Oath
to the Truth of the above Act up to the 20 th January last
Before me
David Sewall Ju s Peace.
Certificate of James Lunt Jr.
Falmouth January 27 th 1786.
This May Certify: That some time in the month of Sep-
tember, 1784, The Widow Mary Ellis left in my keeping
Two Consolidated State Notes (so called) One Note being
in the sum of Sixty two pounds two shillings, & two pence;
the other Note being in the sum of Thirty five pounds twelve
shillings & six pence (both Issued in her Name & then
her Property) That said Notes was put into a small Draw in
my Desk ; where was no other papers That a few days after,
a Small Girl pick'd up the smallest of Said Notes in the Street,
& it was delivered to me ; I went Immediately to the Desk, &
found that the other Note was gone, I could not conceive how
these Notes could be taken out of the Desk & Lost in the
Street; but upon Inquiry; was informed by my Wife, That
She went into the room the day before and saw two small
OF THE STATE OF MAINE 127
Boys at the Desk, (the keys having accidentally been left in,
& the desk unlock'd) She Ask'd them what business they had
there ; & lock'd the Desk, but did not perceive that they had
taken any thing out; (these Boys were her Sisters Children
who went to School, and living at some distance therefrom,
often came to the house between Schools;) & that the Boys
immediately set of home ; & did not stay for their Dinner as
Usual or go to School in the afternoon ; That it was Observed
about this time, that these Boys were very busy about making
Kites; & picking up all the waste paper they could find,
And I verily believe, that one of these Boys took said ISTotes,
out of the Desk for that purpose, not knowing their value,
and lost the one that was found in the Street, and perhaps
the other (or tore it up about their kites) and it might be trod
into the mud or blown away, as it was very rainy windy
weather, and the note that was found was very wet & torn ;
That I soon after Checkt said lost Note at the Treasury Office,
And Advertised it in The Falmouth Gazette, for three weeks ;
but it hath not as yet been found.
James Lunt Jun r
Cumberland Ss Falmouth January 27 th 1786
The within named James Lunt Jun r Esq r personally ap-
peared and made Oath to the Truth of the within Declaration
by him signed
Before me
Sam 1 Freeman Just Peace
Petition of Mary Ellis of Falmouth.
To the Honorable Senate and the Honorable House of Kepre-
sentatives of the Commonwealth of Massachusetts in
General Court assembled
128 DOCUMENTARY HISTOKY
The Petition of Mary Ellis of Falmouth in the County
of Cumberland in said Commonwealth Widow humbly
shews
That on the first day of February A. D. 1783 she received
from the Treasury of said Commonwealth, a consolidated
note for 62 2 2, in lieu of two Depreciation Notes
which before that time were given her for part of what was
due to her late Husband Paul Ellis who was a Captain in
Coll. Bigelows Regiment and who was killed at the Battle
of Monmouth That some time in October last she unfortu-
nately lost said consolidated Note (nine months Interest then
having been paid upon the same) That this was the great-
est part of what was due for her late Husbands Services &
it would be hard for her to lose it The Circumstances which
attended the Loss of it will be related to your Honors by
Joseph ISToyes Esq r a member of the Honorable House and
she doubts not will be satisfactory evidence of the Fact
She therefore requists that your Honors would direct the
Treasurer aforesaid, to give her a New Note in lieu of it
and as in duty bound she will ever pray
Mary Ellis
Falmouth Feb y 9 th 1786
Petition of Town of Machias.
To the Honorable Senate & House of Representatives of the
Commonwealth of Massachusetts in General Court
Assembled
The Petition of the Town of Machias Humbly Sheweth
That the Eastern part of the County of Lincoln labour un-
der the greatest inconvenience & distress by reason of the
OF THE STATE OF MAINE 129
largeness and extent of said County and the Distance they
consequently are from the Shire-Town which is above two
hundred & twenty miles from this Place Some time past
the honorable Court were pleased to take the matter into their
Consideration and granted us relief so far as to Sett off "that
part of the County of Lincoln Eastwards of Union River" a
Seperate district, so far as regards the Court of Probate &
Register of Deeds, but did not at that time think proper to
Establish a Court of General Sessions of the Peace & Court
of Common Pleas
We experience great relief & are free'd from a considerable
expence by having the Court of Probate & a Register of
Deeds, but still lay under the heaviest part of the Burden, by
being obliged to attend the Courts at Pownalboro' both in
Civil & Criminal Cases, we therefore beg leave to call your
serious attention to our situation while we give a true State
of Facts, and offer some few reasons in support of our re-
quest To Shew it will not only be serviceable to this district
but beneficial to the Commonwealth to grant it, and that this
place will be most suitable for the Shire town Machias is the
first settlement to the Westward of Passamaquoddy and there
being many Refugees lately settld there, in case there should
be any dispute between them & the Citizens of America,
Machias would be an Asylum for the distressed Americans
Where they coud find immediate assistance and support
and as many of the Refugees that are settled at Passama-
quoddy and other parts of New Brunswick will find it diffi-
cult to get Employ in that Province, they will Naturally seek
it this way & perhaps many of them have led vicious lives,
may be & are often guilty of Theft, house breaking, assaults
& other enormities which deserve exemplary punishment, but
must escape with impunity, if no relief is granted for to
prosecute any crime at Pownalboro' (distance more than 200
10
130 DOCUMENTARY HISTORY
miles) wou'd almost ruin the Prosecutor if he is in comfort-
able circumstances, and in Case of a commitment it must
first fall very heavy upon the Civil officers and finally on the
County for persons who are guilty of Crimes of that Nature
are seldom able to pay small charges much less such an enor-
mous sum as must arise in that case in all Civil Actions in
this district the Sheriff charges nearly 64/ for travel to Pow-
nalboro' which is very distressing to the Inhabitants more
particularly so in a County where Money is so difficult to be
obtained
By Erecting this district into a Seperate County many of
those difficulties wou'd be removed, which wou'd encourage
settlers to come into the Country and raise the Value of the
Lands belonging to the Commonwealth
During the late War between Great Britain & the United
States this district exerted itself to the utmost in defending
the County against the Enemy & since the Peace have con-
tinued loyal to the Commonwealth and have not taken any
part toward dismembering the same
We therefore Humbly pray that you will be pleased to take
our situation into your wise consideration and be pleased to
grant us relief by erecting this Eastern District into a seperate
County by the Name of and shou'd the Honor-
able Court grant our Request we must further beg that you
will be pleased to make Machias the Shire Town of the
County (as it is now of the district) it being near the Centre
(about 45 miles from the River S* Croix the Eastern bound-
ary and 55 miles from Union River the Western boundary)
and also being the most Suitable place of any in this district
the Inhabitants living more Compact where Strangers cou'd
get Entertainment, we have a Meeting House that wou'd for
the present serve for a Court House & the Block House cou'd
be turn'd into a Goal which will prevent putting the District
at any additional expence at this Time which they are so
OF THE STATE OF MAINE
131
little able to bear And your Petitioner as in Duty Bound
will ever pray
Stephen Jones,
Ja s Avery,
David Longfellow,
George Stillman
Committee
Whereas the Town of Machias petitioned the Gen. Court
of this Commonwealth, that, that part of the County of Lin-
coln Eastward of Union River might be set of a Seperate
County for reason fully set forth in said Petition, we the
Inhabitants of Passamequodia do hereby fully approve of
said request being absolutely necessary for the good of the
Commonwealth in General & this part of the County in
perticular
Clement Huckings,
Sam 1 Russell,
Jas Morgan,
Lemuel Wescott,
Jm s Currey,
Samuel Huckings,
Jn Crane,
William Crow,
John MGuire,
George Peek,
Sam Tuttle,
John Prout,
Clement Denbow
Stephen Fontain
Caleb Boynton
Tho s Dexter,
Nath 1 Denbo,
James Cochran,
Lew 8 Fra 8 DeLesdernier,
W m Cooper jun r ,
W m Holland
Hatewill Laighton,
Caleb Boynton jun r ,
Joseph Clark,
William Clark,
Nathaniel Clark.
Whereas the Town of Machias has petitioned the Hon ble
the Gen 1 Court of this Commonwealth that the Eastern Dis-
trict in the County of Lincoln might be Elected into a seperate
132 DOCUMENTARY HISTORY
County we the Inhabitants of Pleasant River Township, do
hereby fully approve of the measure as being of the utmost
service to the District freeing the Inhabitants from the many
difficultys in attending the Courts at Pownalboro' in Civil &
Criminal Causes & woud be beneficial to the Common-
wealth in General
Pleasant Eiver May 24 th 1786
Daniel Merit, Francis Yates,
Samuel Coffin,
Committee in behalf of the Town
Whereas the Eastern District in the County of Lincoln (we
are informed) have Petition the Gen 1 Court of this Common-
wealth that a new Gounty may be Erected in the s d Eastern
parts and it being also proposed that it wou'd be benificial
to have this County divided into three, that is to have a middle
County set of making Penobscott the Center of the same
we the subscribers do give it as our opion the same woud be
very benificial to that part of the Country if numerous enough
able to bear the Expence & free them from a great expence &
Trouble in attending the Courts in the upper part of the
County where they are held
Ja 8 Avery Nath 1 Thwing
W m Lithgow Jun r , Jim Langdon,
W m Lithgow, Waterman Thomas,
Tho Rice, Jon a Bowman,
James Howard, Edm d Bridge
Joseph North, Henry Dearborn
At a Legal Meeting of the Inhabitants of the Town of
Machias on Monday the Eighth day of May 1786 Voted
OF THE STATE OF MAINE 133
That this Town make application to the General Court to
erect this Eastern District into a seperate County and make
Machias the Shire Town And that a Committee be ap-
pointed to petition the Honourable the General Court in be-
half of the Town and that the Hon ble Stephen Jones Esq r
James Avery Esq r Col George Stillman Cap 1 David Long-
fellow & M r William Tupper be said Committee Allso Voted
That the said Committee apply to the Hon'ble Caleb Davis
Esq r & Benjamin Hichborne Esq r to assist them in bringing
forward their aforementioned application to effect
A True Copy Attest
Ralph H Bowles
Town Clerk
Petition for the Regulation of Fishery on Saco River.
To the honorable the Senate & House of Representatives in
general Court assembled
Humbly shew, the Inhabitants on Saco River, that the
Salmon and other fish which annually come up said river to
pawn, are of great Benefit to your Petitioners; and that
there is great danger of their being destroy'd, by the con-
stant catching of them not being regulated, therefore your
Petitioners humbly pray, that your Honors would pass an
Act to regulate said Fishery as in your Wisdom shall seem
best. And your Petitioners as in duty bound shall ever
pray & c
Richar d Jordan Samuel Seamman,
Benj a Hooper, Humphry Pike
James Emery,
134 DOCUMENTARY HISTORY
Pet of Jos. Avery.
To the Honourable Senate & House of Representatives of
the Commonwealth of Massachusetts in General Court
assembled
The Petition of James Avery Humbly Sheweth That by a
resolve of the General Court passed July 1Y85 lands were
granted to Jonathan Eddy Esq r & several others who were
(by reason of their attachment to the United States) obliged
to leave Nova Scotia during the late War, & take protection
in this Commonwealth, Your Petitioner is not included in the
Names mentioned in the said Resolve, altho' he was one of
those who came with said Eddy, (& has equal & as just claim
with the others) & on his arrival within this Commonwealth
immediately enter'd into the Service and continued in the
same nearly the whgle continuance of the War, for which he
only received his "Nominal Pay without any Gratuity, Com-
mutation on Lands, as those belonging to Ten Regiments that
belonged to this Commonwealth in Continental Army re-
ceiv'd Your Petitioner therefore prays the Hon'ble Court
will be pleas'd to take his Case into Consideration & be pleas'd
to grant him a small Tract of unappropriated Land adjacent
to Machias, under such regulations as Your Wisdom may
think fit, and as in Duty bound will ever pray
Ja s Avery
Petition of William Hagget.
To the Honorable Senate and the Honorable House of Repre-
sentatives of the Commonwealth of Massachusetts in
General Court assembled
The Petition of William Hagget late of Somersetshire in
Great Britain, and now residing in Falmouth in the County
OF THE STATE OF MAINE 135
of Cumberland and Commonwealth aforesaid Trader
humbly sheweth
That he came to this Country from Great Britain afore-
said, about the 23 d of November 1784 That he has since
purchased a Freehold in said Falmouth and intends with
your Honors Permission to abide in the Place of his present
Residence and therefore wishes to be naturalized and become
intitled to the Rights Liberties and Privileges of a free Citi-
zen of the Commonwealth aforesaid He therefore prays
that your Honors would pass an Act by which these Benefits
may be conferred upon him And as in Duty bound will
pray
W m Haggett
Falmouth May 1786 ^
Petition of Inhabitants of Shapleigh.
To the Honorible Sennet & house of Representatives in Gen-
eral Corte Convend
We the humble Petitioners Beg Leve to Present there
Petition to your Honors Humbly shewing y e Subscribers in-
habetants of the town of Shapleigh and whereas y e town of
Lebenon has Esesed y e afore s d town as ajasents and for their
Non aQuaintance of y e Nonber of the inhabitants and have
Laid the Burden on about one thirde of the inhabitants We
therefore beg that your Honours Would impower y e before
mentioned inhabatents to Essesed the Sum upon the hole of
the Rateble inhabetants So the Burden be not So Hevy for
them Few alredy Essesed are not able to Pay y e Sum all the
roun Stock will not Pay the Sum We therefore beg that
136 DOCUMENTARY HISTORY
your Honours would take it into Considration and your Peti-
tioners will for Ever Pray & c
Thomas Dolac, Clemet Heal
John Woodman, Benj Cimin,
Ralph Farnham Steven belby,
Benjamin Drew, Jacob Horsom,
Levi Menele, Paul Woodman,
Richard Dooer, Samuel Shorey,
Bv ^.p. Paul Downs,
Sehas X Door,
mark Kichard Door J ,
Peter Door, Nathan Nooks,
Nicholas York, Moses Corsen,
Samuel Merrey, James Doans,
Samuel bean, Josiah Magoon,
Ephram Goodwin, Edward Magune,
Gershom Ricker, John Vose,
Daniel baird, Philip Tibets,
Ephram Plumer, Ruben Winlord,
Samuel Willey, Benj a Shorey
Joseph Merrey,
Valuation of Counties in 1786.
At a Meeting of the Members of the General Court from
the several Towns in the County of York for the purpose of
considering at what Rate each Town & Plantation ought to
stand in the Valuation it was agreed that the same should
stand as follows Viz
York 6 .. 4 Massabesick 15 ..
Kittery 6.. 9 .. 1 Coxhall 1 .. 0..0
Wells 5.. 10.. 6 Limerick 9..0
Berwick 8.. 14.. 3 Brownfield 6..0
OF THE STATE OF MAINE 137
Arundel 2.. 16.. Little falls 12 ..
Biddeford 2.. 9 .. Shapleigh 1 .. 2 .. 1
Pepperelborough 2 .. 5 .. Little Ossipee 13 .. 2
Lebanon- 1.. 10.. 9 Washington 7. .03,4
Sanford- 1.. 10..9 Parsonfield 1 .. 1 .. Ol/ 2
Buxton 1 .. 19 .. Francisborough 7 .. Q l / 2
Fryburge 19..
46 .. 19 .. 8%
The County of Lincoln agree that the four pence on the
pound (as a sinking fund) return to the Several Towns from
which it was taken. And that the several Sums be allowed
to the Several Towns as in the Schedule below
0.. 3
to be added 7/11
10
2- 4i/ 2
2- 4l/ 2
2..
19-
7 '1/2
Pownalboro'
2
14
5
Georgetown
1
11
iy%
Woolwich
1
8
8
Waldowboro'
1
4
10
Topsham
13
3%
Winslow
1
y 2
Bowdoinham
1
7
1054
Boothbay
2
7
8
Bristol
1
9
U /O
Vasselboro'
1
3
1 "/*>
Edgecomb
1
11
6%
Hallowell
17
53/ 4
S* Georges
14-
101/2
Warren
13-
71/3
Thomastown
1
13
21/2
Bath
1
1
9y 2
Winthrop
11
7
Lewistown
11
41/2
Ballstown
13
y 2
Walpool
6..
5
Wales
1.. 2
1.. 2
1.. H/2
1.. U/2
1.. U/2
1 . 1
138
DOCUMENTARY HISTORY
4% Canan
y 2 Pittstown
11
19
11 8% Medencook
8 S 1 A Newcastle
6 61/9 Camden
30 .. 12 .. 6>4 carried over
Brought over
ISTorredgewalk
Sterlingtown
Machias
Bellport
Hancock
Mount desert
]ST 1 Plantation East Penobscot
1 East Side Union Kiver
2
Plantation West Side Penobscot
Plantation on d
Deer Island
Fox Island
Long Island
1..
5%
5%
4
1-
-4-
13/4
30..
12..
Q l /4
7.
9
4.
4
1.
0.
2
5.
2
10.
7%
15.
3
6.
9
7.
4%
1.
2
93/4
12.
-%
10.
4%
10
43/4
12
43/4
11
33/4
8
1M
4
10
10
13/4
7.
101/ 2
4.
1
10.
7
8.
103/4
1.
2.
11^
12-
91/2
7.
IOM
43.. 6..
OF THE STATE OF MAINE
139
Cumberland Co.
Falmouth
N Yarmouth
Scarborough
Brunswick
Harpswel
C Elizabeth
Gorham
Windham
N" Glocester
Gray
Hardwick
Royalsborough
Raymontown
Bakerstown
Sylvester
Brigtown
Sheperdstown
Otisfield
Collectors Names
Joseph Hubbard
Samuel Gooch
Jonathan Hill
Moses Hodgdon
Benj Hodgdon
Hump y Chadburne
Mark Baker
Towns
Wells
d
d
Berwick
d
d
Arundell
s.
d
7
11
71/2
5
2
4
12
1
2
2
6
1
16
2
6
6
3
6
1
13
6
1
19
Ql/2
14
7M
19
6
14
6
6
10
8%
9
11%
8
5%
8
3
6
36.
5.
5%
18
2y 2
35.
7.
3/4
15
5
2
99
17
4
117
13
8
73
19
11
65
13
7
377
9
10
99
140
DOCUMENTARY HISTORY
Seth Burnham
Abraham Bradley
John Emmons
Isachar Dam
Joshua Pray
Moses Ames
On Continental N
William Jefferds
Joseph Ilubbard
Jonathan Hill
Samuel Gooch
Nath 1 Rogers
Noah Staples
Hump h Chadburn
Isachar Dam
John Emmons
Seth Burnham
Mark Barter
Hump h Whitten
Moses Ames
Abraham Bradley
Samuel Clark
On State Tax 1ST 3
David Thomas
Gilbert Warren
Robert Wells
Stephen Annis
Gold & Silver Tax 1780
James Witherell
Treasury Office 8 Febru y 1786
d
82
4
4
Fryburgh
Coxhall
46
35
11
3
41/2
4
d
46
10
Lebanon
147
15
Fryburgh
77
9
11
2
1151
16
2i/ 2
Wells
310
4
5
d
250
10
8
d
242
1
4
d
247
3
7
Kittery
d
303
331
7
2
Berwick
573
16
8
Coxhall
64
d
56
Arundell
219
11
1
d
260
8
11
Sandford
112
4
7
Fryburgh
d
71
61
10
10
York
304
3
9
3407
12
2
Biddeford
113
16
11
Berwick
460
10
Wells
154
6
6
d
146
19
5
875
12
10
Lebanon
65
2
11
Total 10,453
Thomas Ivers
3 71/2
Treas.
OF THE STATE OF MAINE 141
Letter from E Storer.
Boston, June 15 th 1786.
Sir
Agreablj to a desire of the Committee I enclose a memo-
randum of Grants in the new Townships the reason you
did not have it with the other papers was, because there was
a Committee of the Corporation appointed to represent that
matter to the General Court by way of Memorial.
I am Sir with much respect, Your humble servant
E. Storer
P. S. I would just observe, perhaps it may not be thought
foreign to the purpose that the Ferry w h has been reckoned a
valuable Income has not earned from the year 1775 to the
present time but about 350 owing to the rents being rec d in
paper money & the great expence in repairing length of boat
& widening the way &c
James Bowdoin Esq r
Receipt of John Wigglesworth.
1783
July Eecd a Warrant on the Treasurer in part 105
1784
July Kec d a Warrant in full to Jan y 1 233.7.8 Total
338.7.8
The Warrants were for Services from 1 June 1781, being
2 years & 7 Months
L. Wigglesworth
County of York
York, John Sweet, Esq; Kittery, M r Joshua Hubbard,
Wells, a Col. Noah M. Littlefield, Berwick, John Hill, Esq ;
Biddeford, a Jeremiah Hill, Esq; Sanford, Major Caleb
Emery.
142 DOCUMENTARY HISTORY
Acc* of Grant of Lands to the College.
The following minutes of reservation in sundry Town-
ships for Harvard College were taken from the Records of
the General Court, by James Winthrop, Librarian, who
searched them from May '1759 to May 1774 excepting the
Volume from June 1768 to May 1769 which was missing.
One Sixty fourth of a Township six miles square between
Penobscott & S* Croix, granted to David Bean & others.
One Sixty fourth of three Townships, each six miles square,
contiguous to each other & to some incorporated Towns be-
tween Penobscott & S* Croix, granted to Moses Twitchell &
others.
One sixty fourth of six townships each six miles square
contiguous one to another & to some former Grants between
Penobscott & S* Croix, granted to David Marsh & others
One Sixty fourth of a Township six miles square between
Penobscott & S* Croix adjoining to some former Grants
granted to Eben r Thorndike & others.
One Sixty fourth of a Township six miles square between
Penobscott & S l Croix adjoining to some former Grant granted
to Wait Wadsworth & others,
One Sixty fourth of a Township six miles square between
Great Ossapee river running into Saco River & the Moun-
tains above Pigwackwacket, Granted to Joseph Frye.
One Sixty fourth of a Township seven miles & 1/2 square
in the unappropriated Lands east of Saco River Granted to
Samuel Gerrish & others
One Sixty fourth of a Township seven miles square east of
Saco River, granted to Benj a Milliken & others, the east cor-
ner bounds on Col Fryes Town.
One Sixty fourth of a Township seven miles square Nar-
ragansett ~N 5 granted to John Gorham & others.
OF THE STATE OF MAINE 143
One Sixty fourth of a Township six miles square east of
Saco river, granted to Joseph Sylvester & others.
One Sixty fourth of a Township six & three quarters miles
square east of Saco river, granted to W m Raymond & others.
One Sixty fourth of a Township now called Townsend or
Northtown, seven miles square, east of Saco river, granted to
James Prescott & others.
One Eighty fourth of Machias granted to Ichabod Jones &
others, described as follows, beginning at a dry rock at a
place call'd eastern Bay near the house of M r Sam 1 Holmes
& extending North 10, W, ten miles, then West 10, S. eight
miles, then S. 10 E. ten miles then E. 10, S. eight miles to
the first mentioned bound y
One Eighty fourth of Township Six & three quarter miles
square, adjoining to the same Town east of Saco River granted
to David Phips & others.
One Sixty fourth of Township Six & one quarter miles
square, adjoining to some former grants east of Saco river,
granted to Joshua Fuller & others -r-
One Sixty fourth of a Township six & three quarter miles
Square, east of Saco River adjoining to some former grant,
granted to Sam 1 Livermore & others.
One Sixty fourth of a Township seven miles square East
of Saco River adjoining to some former grant granted to
James Otis & others.
One Sixty fourth of a Township seven miles square east of
Saco River adjoining to some former Grant granted to John
Gardner & others.
N". B. Some of these Grants were since the war confirm'd
to the original Proprietors. without the reservation to the
College.
144 DOCUMENTARY HISTORY
Nath 1 Green Moody s Petition.
To the Hon ble the Senate and Hon ble House of Representatives
of the Commonwealth of Massachusetts in General Court
assembled at Boston February s st 1786
The Petition of Nathaniel Green Moody Humbly Sheweth
That your Petitioner was an inhabitant of Falmouth in
Casco-Bay when that Town was burnt on the 18 th October
1775, that he lost his House and many valuable Articles, by
which means he was reduced to distressing Circumstances
and further, your Petitioner was Clerk of said Town, and
being determined at all events to save the Records, (which he
effected) neglected saving his own Effects, which greatly
added to his Distress ; and as the office of Messenger to your
Honours is become vacant by the Death of M r Baker your Peti-
tioner prays that be may be appointed to said Office in his
Room & he will, as in Duty bound forever pray
Nathaniel Green Moody
In Senate Feb y 1, 1786.
Read and order'd that this Petition be sent down for
concurrence
dismissed
Petition of Suncook Inhabitants.
To the Honourable the Senate and House of Representatives
in General Court assembled at Boston Feb r 1 st A: D.
1786-
The Petition of Sundry of the Inhabitants of a Tract of
Land lying in the County of York Granted by the General
Court as a compensation to the sufferers in the Pembroke
(alia Suncook) Lands being taken off to New Hampshire in
the running of the line between the three Provinces
Humbly Sheweth
OF THE STATE OF MAINE 145
That your Petitioners some few years back came into this
Inhospitable Wilderness to Cultivate the same that it might
yield food for us & our Familys and with much dificulty &
great hardships have hitherto subsisted being at a great dis-
tance from any Sea-port And having ten or Twelve Miles to
go in a very bad way and a large River to cross to get grind
or meal for our Families for altho the Proprietors have built
a Mill or Mills yet by reason of the Dam breaking or washing
away two Falls running we have had no benefit thereby as
yet And as an addition to our other hardships the Inhabitants
of Fryeburge have for several years past assessed us in an
heavy Tax and threaten to take away the small number of
cattle we now possess which would compleat our Ruin
Your petitioners therefore Humbly Pray that your Honours
would abate our Rates or in some way relieve us as you in
your Wisdom think fit
And your Petitioners as in duty bound shall ever Pray
John Stearns, Joseph Kilgore, Stephen Dresser, Joshua
Whiting, Abraham Andrews, Benjamin Stearns.
Petition of Jonathan Powers.
Commonwealth of Massachusetts }> To the Honorable the
Senate & House of Representatives in General Court
Assembled Feb y 1786
The Petition of Jonathan Powers Humbly Sheweth
That your Petitioner was in the Continental Army in Cap 1
Jabez Lanes Company & in Col Tho 8 ISTixons Regiment &
your Petitioner applyed for the ballance due to him for said
service & there found that it was drawn & Paid to some other
Person without any Knowledge or Consent to the Ammount
11
146 DOCUMENTARY HISTORY
of fifty five Pounds, Seventeen shillings & 3 d Pence in Specie
note 8 Your Petitioner therefore humbly Pray your Honors
that he may have Justice done him by ordering the said
Money Paid & your Petitioner as in duty bound will ever
Pray
Jonathan Powers
Jon a Powers a Serg 1 in Col Nixons Reg* was Certified
May 16, 1782 for 28 19 9 Specie
Lincoln Ss January 26 th 1786 personally appeared the
above named Jonathan Powers & made oath to the truth of
the above petition by him subscribed
Before me
Tim Langdon Jus 8 Pacis
Specie Notes paid to John Bailey of Newbury Newhamp-
shire State 31 .. 7 . 6,
We the Subscribers of Lawfull age Testify & Say That we
have well Known Jonathan Powers a Number of years, and
he always appeard to us to be an Honest Punctual man
and we never heard any harm of him in any Respect. Said
Powers has lived in the Town of Pownalboro.' ever Since
the peace and we have often heard him Say that he was
like to lose his wages, by reason of Some persons Counter-
feiting his Name & Drawing his wages which he said was
very hard as he had served the United States four years in
the Army
John Sevey, Joseph Harfard, Abraham Nason
Lincoln Ss. Pownalborough June the 1, 1786
Personally appeared the above Named John Sevey, Joseph
Harfard & Abraham Nason, and made oath to the truth of
the above Deposition before me
Moses Davis Justice of Peace
OF THE STATE OF MAINE 147
Treasury Office July 3 d 1786
it appears by the Kolls in this office that the deprecia 11 notes
that were due to Jon a Powars Serg* in Nixon Reg 1 was drawn
by Aaron Wood p r order am in OC 1437 .. 8 .. 11 the Specie
Notes due to the above named was drawn by a John Bayly or
Bagly of Newbury in Newhampshire State Specie notes in-
cluding present prem 8 & one years Interest amount to thirty
one pounds 17/6
Attest Samuel Foster
Certificate in re Francis Hatch.
This certifies that Francis Hatch Jun r of Wells was a
Soldier or Noncomission Officer in the Comp y commanded by
Cap 1 Samuel Sayer dec d in the year 1776 that he returned
from his Captivity in the Month July 1777 that according to
his Account he lost his Gun & Cloathing was carried to Canada
from thence to Nova Scotia that he suffered great hardships
untill his Return to Boston that he never received any Com-
pensation for his Loss nor any Wages after the first day of
January 1777 so that there still remains due to him about
Fifty Dollars as Wages besides Compensation for losses which
Account as given by him We believe to be true he being a
poor honest man
Joshua Bragdon, John Stover \ Select Men of Wells
Wells Jan y 26 th 1786.
Commonwealth of Massachusetts
In Senate March 3 rd 1786
Whereas it appears to this Court that Francis Hatch Jun r
of Wells in the County of York who was a Sergeant in the
148 DOCUMENTARY HISTORY
continental Service in Cap* Samuel Sayer's Company in Coll
John Pattersons Regiment, was captivated in the year 1776
by the Indians at a place called the Ceders & thence carried
to Quebeck & that he received Wages no longer than untill
the End of that year tho' he remained in Captivity untill the
7 th day of July 1777 therefore
Resolved that there be allowed & paid out of the publick
Treasury of this Commonwealth, to the said Francis Hatch
Jun r , the sum of Fifteen pounds, in full for Wages during his
Captivity, & that the sum be charged to the United States.
Papers endorsed: M r Wells to bring in Resolve provid 5
for payment of Wages March 24 th 1786 Refer'd to next
Gen 1 Court.
July 8, 1786 Refer'd to next session
Francis Hatch Jun rs Memorial.
To the Hon ble Senate & House of Representatives of the Com-
monwealth of Massachusetts in general Court assembled
Feb y 1786
The Memorial of Francis Hatch Jun r of Wells in the
County of York humbly shews that in the year 1776 he en-
listed into the Continental Army to serve in the Company
under the Command of Cap* Samuel Sayer dec d in Coll John
Pattersons Regiment that in the month of May in the same
year Your Mem was captivated by the Indians at a place
called the Ceders & thence carried to Quebec when he re-
mained above Six Months & from thence was sent to Halifax
& from thence to Boston where he arrived on the 7 th day of
OF THE STATE OF MAINE 149
July 1777, that he lost his Cloaths Fire Arm & other Ac-
coutrements of the Value of Fifteen pounds, that your Mem
never received any Compensation for his Loss sustained as
aforesaid neither did he receive Wages any longer than untill
the first day of January 1777 so there still remains due to
him Wages for Six Months & seven days, which as your Mem
was a Sergeant will amount to Fifteen pounds, that your
Petitioner suffered great hardships, during his Captivity &
is a very poor Man Wherefore your Mem prays that his Case
& Circumstances may be considered by the Legislature & that
a reasonable Compensation may be granted him for his Loss
Sufferings & Services & your Mem as in duty bound will
ever pray &c
Francis Hatch Jun r
In Senate Feb y 2 d 1786
Read & committed to Joseph B Varnum Esq r with such as
the Hon ble House shall join, & the Committee are directed to
consider the cases of persons in similar circumstances &
Report
Sent down for concurrence
Sam 1 Phillips jun r Presid'
In the House of Representatives Feby 20, 1786
Read and concurred & M r Hutchinson & M r Patterson are
joined.
A W 7 ard Speaker
This may Certifie that M r Francis Hatch Ju r was a Ser-
gent in Cap* Samuel Sayer Company and Con 1 John Pattison
Ridgment was taken a Prisoner at the Seaders in the year
1776 May 20
Jeremiah Littlefield 3 d Lieut.
150 DOCUMENTARY HISTORY
Commonwealth of Massachusetts
The Committee to whom was refered the Petition of
Francis Hatch Jun r , & who were directed to consider the case
of Persons in Simelar circumstances, have Attended the Serv-
ice Assigned them, and find that Provision has been made by
Congress for the payment of the Wages of such Officers &
Soldiers as have been Prisoners in the course of the late War ;
that no Provision has been made for compensating Officers &
Soldiers for losses they have Sustained in Clothing &c in
consequence of their being Captivated by the enemy & in
Battle; and as it would be exceeding unequell that such
Losses should be payed for by this Commonwealth, without
a reimbursement thereof by the United States; Your Com-
mittee take leave to Suggest the Propriety of requesting His
Excellency the Governor, to Write to the Delegates from this
Commonwealth in Congress, informing them that it is the
Pleasure of the General Court that they Lay the matter be-
fore Congress, and use their endeavour that Provision be
made to compensate for such Losses.
J B Varnum P r Order
all which is Submitted
In Senate March 2 d 1786.
Head & accepted
Sent down for concurrence
Treasurers Letter to E Bridge Esq r Sheriff of Lincoln County.
May it please your Honors
The Treasurer begs leave to represent That Edmund
Bridge Esq Sheriff of the County of Lincoln has adjusted his
account of Executions against Delinquent Collectors in the
said County by which it appears, That the Executions
against the following Collectors, remains due Viz*
OF THE STATE OF MAINE 151
William Whittier of Winthrop 103. 7. 8
Nath 1 Low of Winslow 164 . 1 . 11
Tax 1781 New Emission Bills 267 . 9 . 7
Zebulon Prebble of Bowdoinliam 59.19. 3
Moses Hastings of Vassalborough 63.18. 3
Nath 1 Low of Winslow 127 .13.8
October 1781 tax 251 . 11 . 2
Also the sum of Twenty four pounds five shillings & two
pence remains due from the s d Edmund Bridge Esq r for the
Balance of his account of Executions returnd by him satisfied
Thomas Ivers Treas r
Treasury Office 8 th February 1786
Governors Message Feb ry 10, 1786.
Gentlemen of the Senate & Gentlemen of the House of
Representatives
I sent you a message the 24 th of November last, relative to
the encroachments, which the Government of the new british
Province of New Brunswick were disposed to make on the
territorial rights, & sovereignty of this Commonwealth, and
of the United States. Since which a letter has been received
from James Avery Esq r our Excise Officer at Machias, dated
the 24 th of December last : in which he mentions he had just re-
ceived advice from Passamaquoddy, that M r Weir the House
Sherriif for Charlotte County in that Province, a few days
before went on to Moose Island, & took the body of M r Tuttle
Deputy Collector of Excise on an Action of debt ; & told him
he must either find bail, or be carried to Goal at S 1 Andrews.
Upon M r Tuttle's informing the Sherriff, that he considered
himself a subject of this State, & should not regard him as
an officer the Sherriff called on some of the inhabitants to
152 DOCUMENTARY HISTORY
assist him to carry M r Tuttle to Goal, but they refusing, he
informed them, he should go to the neighbouring Island of
Campo Bello, & get assistance from the Ship lying there:
being determined to carry the said Tuttle to Goal ; & that
orders had come from S l Johns to exercise jurisdiction over
the inhabitants of Moose Island.
This account is in part confirmed by a letter communicated
to me by Leonard Jarvis Esq r who, as he has lately been in
that Country, can give information concerning the circum-
stances of it.
M r Avery concludes his letter with his expressed hope, that
Government will take some steps to prevent its subjects from
being insulted by a foreign power; & being liable to be
dragged away by armed force.
In my former message on this subject I acquainted you,
Gentlemen, that Congress had been made acquainted with all
the proceedings referred to in that message ; and had sent an
Account of them to the Minister of the United States in
London.
This affair, Gentlemen, merits your serious consideration.
M r Avery's letter, which will be laid before you, mentions
several things respecting the duty of his Office ; & that of the
Naval Officers within his District: which may also require
your consideration.
James Bowdoin
Council Chamber February 10 th 1786
Govr's Message Feb. 14, 1786.
Gentlemen of the Senate, and Gentlemen of the House of
Representatives
By the Returns made into the Secretary's Office of the
number of Inhabitants in the several Towns and Plantations
OF THE STATE OF MAINE 153
in this Commonwealth, pursuant to an Act and Resolution of
the Legislature, it appears there are three hundred & fifty
two thousand, one hundred & seventy one Whites; and four
thousand three hundred and seventy one Blacks : the particu-
lars of which you will observe by the account taken of them
by the Secretary from those Returns. As neither the Act
nor Resolution contains any order for transmitting such ac-
count to Congress, you will please Gentlemen, to give the
needful directions for that purpose; expressing your mind,
whether a copy of that Act and Resolution shall be sent with
that account.
I have received Letters from the Secretary of Congress,
(which will be laid before you) enclosing a state of the Rep-
resentation of the United States in Congress for each of the
months of November, December and January last : by which
it appears, that no more than seven States have at any time
in those months been represented : a circumstance much to be
regretted, as such a representation, according to the Confed-
eration, is not competent to business of importance. We
have however, the satisfaction of knowing, that this deficiency
is in no part of it attributable to this Commonwealth.
James Bowdoin
Council Chamber, February 14 th 1786.
Report of Richard Trevett.
Naval Office Port of York ^ A general acco 1 Currant of Light
Money Rec d by Rich d Trevett for the Com n Welth of
Massachusetts for the year 1785 Viz*
March 29 th of Sam 1 Sewall, for Brig tn Polly 70 Tons a 2 a for
West Indies .. 11 .. 8 June 14 th D Zebulon Harmon, Sloop
Seeflower a (Coaster) 30 Tons for 6 months @ 4 d \- ..5 ,
30 th D Zebulon Harmon jun r Sloop Abigal a (Coaster) 30
154 DOCUMENTAEY HISTORY
Tons for 6 months @ 4 d ( .. 5 July 5 th D Obadiah Don-
nell owner of Schooner Lively 48 Tons Henry Mushemore
Master a fishing Vessell \- .. 8 Aug 1 9 th D Sam 1 Sewall,
Brig tn Polly 70 Tons for W : Indies } ..118, 26 th D Duty
on Register of Brig tn Hannah Jo 8 Simpson Master [ ..1 ,
27 th D Duty on Register of Sloop Industry John Weare D
-..!, 17 th D of Sam 1 Winn, Schooner Union 70 Tons,
West Indies @ 2 d } .. 11 : 8, Nov r 28 th D Obadiah Don-
nell, owner of Schooner Lively 48 Tons Henry Mushemore
Master a fishing Vessell, 6 m @ 4 d j- .. 8 , D D Zebu-
Ion Harmon jun r , Sloop Abigal a Coaster 30 Tons for 6
months @ 4 d ( ..5 , D D Zebulon Harmon, Sloop
Seeflower 30 Tons a Coaster for 6 months @ 4 d } .. 5 ,
D D Jeffery Muchemore, Schooner Two-friend 45 Tons
a fishermans, 6 months (5) 4 d i- ..7:6 1786 Jan y 12 th D
* |& N ' I
Thomas Harmon, Sloop Speedwell 65 Tons for West Indies
@2 d I-. .10 ..10
Dr Cr
1785 The Treasury to Rich d Trevett Nav 1 Officer Contra.
Aug 1 5 th To Receipt for 1 .. 8 .. 8
1786
Jan y 12 th To Com @ 2 pr on 4 .. 11 : 4 .. 1 .. 10
1..10.. 6
Feb r 17 th To Cash the ball Sent by Judge Sewall 3 .. .. 10
4.. 11.. 4
1786 C r
Jan y 12 th By Light H" Money J 4 .. 11 : 4
Collected by me for the year 1785 J
York Feb y 17 th 1786
Errors Except d
p r RicL d Trevett
York Ss Feb y 17 th 1786 Then Richard Trevet made Oath
to the Truth of the Ace* afores d & the same Contains all the
OF THE STATE OF MAINE 155
Sums by him Rec d for Light money for the year 1785 & to
the 20 th day of January 1786 -
Before me
David Sewall <P Peace
The Petition of Jere Hill & Others.
To the honorable the Senate and house of Representatives of
the Commonwealth of Massachusetts in general Court
assembled
The Petition of a number of the good subjects of the
Commonwealth af orsaid whose names are hereunto subscribed
in behalf of themselves and others humbly shews that
there is a parcel of Land belonging to said Commonwealth
and within the County of York lying northerly of great
Ossipee River: which Territory is the only one your Peti-
tioners know of within said County Your Petitioners
humbly pray that they may have a grant of a Township out of
said Territory, beginning at great Ossipee River aforsaid on
the northern side of said River four Miles from where it
empties itself into Saco River thence up said River about five
Miles to Newhampshire Line and a Line from the first men-
tioned bounds in general parrallel with Saco River till the
amount of six Miles square are compleated the Line from the
two Extreams to be parrallel with said great Ossipee River as
may best accommodate them and the public for which your
Petitioners are willing to pay a reasonable Compensation as
in your wisdom may seem just and your Petitioners as in duty
bound shall ever pray
Jere Hill, Josiah Fairfield,
H Gillpatrick, Joseph Libbey,
John Wingate, Caleb Emery,
Thos Gillpatrick, Benja Gillpatrick,
Joseph Gillpatrick, Thomas Townson,
156 DOCUMENTARY HISTORY
Joseph Patterson, Allison Smith,
Aaron Porter, Benja Patterson
In the House of Representatives Feb y 16, 1787
Read & committed to the Committee appointed by Resolve
of 28 October 1783. on the subject of the unappropriated
lands in the County of Lincoln & c
Sent up for concurrence
Artemas Ward Speaker
In Senate Feb y 20. 1787.
Read and concurred, and the Committee are instructed
to make particular enquiery, whether the lands prayed for are
not private property
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
In the House of Representatives Feb ry 20. 1787.
Read and concurred.
Artemas Ward speaker
Boston Jan y 28. 1789 The Committee for the sale of Lands
propose that M r Hill and others within named, may have
the land applyed for by them, for Two Shillings and Six
pence per acre, to be Surveyed by a person appointed by the
Committee, and at the expence of the purchasers present
M r Wells M r Jarvis & D r Cony
Report of Committee on Kennebec Claim.
The Committee appointed on the Kenebeck Claim and on
the several Petitions from Booth Bay N IV & N V on Blew
hill Bay N VI & N~ I on Union River and a Place called
New Bowdoin and of Sandy River ask leave to report a State
of facts.
That soon after the Printed statement & the said Petitions
were committed to them, they entered on a consideration of
the business.
OF THE STATE OF MAINE 157
That a Captain Leach appeared before the Committee and
informed them, that he had a claim to a considerable tract of
Lands, included in the Lands proposed to be quit claimed or
ceded to the Plymouth Company, and requested he might be
heard by Council before the Committee, James Bowdoin Jun r
Esquire and the Members of the Honourable House from the
County of Lincoln made the same request, the first on the
part of the said Company & the latter in behalf of the Settlers
on the Lands; the committee conceived that they should be
justly chargeable with partiality should they refuse these ap-
plications, they therefore appointed a time for the purpose.
M r Benjamin Lincoln Jun r appeared in behalf of Captain
Leach the Honourable John Lowell Esquire in behalf of the
Plymouth Company and the Honourable James Sullivan
Esquire in behalf of the Settlers
The Hon ble M r Sullivan observed that the Committee who
compiled the Printed statement, were mistaken with respect
to the Geography of the Country and the Falls of Negumkike,
and requested a longer time to prepare to state the matter to
the Committee to which the Committee acceded.
The committee conceiving this a subject of great import-
ance, and involveing in it many intricate points, thought it
their duty to lay the foregoing statement before the House
that they might take such order thereon as they may think
proper.
John Reeds Petition.
To the Honorable the Senate & House of Representatives in
General Court assembled
The Petition of John Reed of Topsham in the County of
Lincoln
158 DOCUMENTARY HISTORY
Humbly shews that he was a Captain of a Company of
men under the Comand of Coll James Hunter in the service
of the Common Wealth in the year 1782 that While in s d
service he received from Joseph Noyes Esq. then Comissary
at Falmouth five Barrells of Beef & one hundred rations of
Provisions for the use of said Troops now said Noyes calls
on him for the pay for said provision as the Comissary Gen-
eral says that he has no Authority to Discharge said Noyes
for any Provision delivered without his Order therefore pray
your honours to pass an Order for the Comissary General to
Discharge said Noyes for the Provision delivered him as it
was actualy expended in the service of the Common Wealth
or Other wise releive your Petitioner as in Duty Bound will
ever pray
John Reed
Commonwealth of Massachusetts
In the House of Representatives June 23, 1785
On the Petition of John Reed of Topsham in County of
Lyncoln, setting forth that he received of Joseph Noyes Esq r
Commissary in the year 1782 five Barrills of Beef & one
hundred Rations of Provisions, which were delivered with-
out the Commissary Gen 1 Order
Therefore Resolved that the commissary General settle
with said Noyes in the same manner as tho' he had given his
Order therefore
Sent up for concurrence,
Nath Gorham Spk r
In Senate Feb y 27 th 1786
Read & Nonconcurred
S. Phillips jun r Presid*
OF THE STATE OF MAINE 159
Resolve on Petition of Inhabitants of Shapleigh & Lebanon.
To the Hon ble Senate and House of Representatives of the
Commonwealth of Massachusetts in General Court As-
sembled Feb y 1786.
The Memorial and Petition of James Witherell Joshua
Pray and Nathan Lord late Constables of the Town of
Lebanon in the County of York humbly shews
That in a number of Taxes assessed by the said Town the
Inhabitants of a certain Place called Shapleighton were As-
sessed which Taxes were committed to your Petitioners to
collect
Which by Reason of the Oposition of the said Inhabitants
has not as yet been collected tho' your Petitioners have used
their utmost endeavours for that Purpose
But there remains yet due to James Witherell the Sum of
Sixty Pounds five Shillings to Joshua Pray two Hundred and
Seventy one Pound Seven Shillings and four Pence and to
Nathan Lord Collector for 1783 & 1784 the Sum of Fifty
two Pounds
A Number of Executions have been issued by the Treas-
urer of this Commonwealth against your Petitioners which
they are unable to satisfy without receiving said Sums of
said Inhabitants
But your Petitioners are fully satisfied that it is imprac-
ticable to collect those Sums
The Said Inhabitants Say they are willing to Pay Said
Sums if they are permitted and authorized to address and
collect Said Sums by Assessors and Collectors of their own
Election
Your Petitioners humbly Request that said Inhabitants
may be so permitted and authorized
And that the Treasurer be directed to credit your Petition-
ers for said Sums
160 DOCUMENTARY HISTORY
or that your Honors wou d relieve your Petitioners in such
other Way as in your Wisdom Shall Seem best
and your Petitioners as in Duty bound Shall ever Pray &c.
James Witherell, Joshua Pray, Nathan Lord
Superscribed : James Witherel & al Constables of Lebanon
October 1784
By Resolve of Court
Taxes Due to Joshua Pray - 364 13 4
By Resolve of C :
Taxes Due to James Witherell - 73 16 5
Att October Sessions 1784 the Committee Brought Mr.
Wethrells List Down to - - 45 19 8 Abatements in
Prays Lists 93 :,6 : 3 Abatements in Withrells Lists
13 11 5 Total 106:17:5 Total Joshua Bracket
Town Clerk
John Cook Selectman
Mr. Prays 364. 13 4 Abatement taken out 093 06
Remains 271 07 4
Mr Witherell 45 19 8 Abatement taken out 13 10 5
Remains 32 09 3
all the Money that has been paid since October Sessions
in 1784 is to be taken out of the sums above set down.
Resolve on Petition of Paul D. Sargent.
Commonwealth of Massachusetts
In the House of Representatives Feb y 23 d 1786
Upon the petition of Paul Dudly Sargent that the Tresurer
may be more fully empowered to pay the Staff & field officers
of a regiment under his command in the year 1775 notwith-
standing his vouchers were burnt by the Enemy
OF THE STATE OF MAINE 161
Resolved that the Tresurer be & hereby is empowrd & di-
rected to pay said Roll to the order of Paul Dudly Sargent,
he givng his bond with Surety to indemnify the Common-
wealth against any future demands of his Staff & field officers
aforesaid, any Law or resolve to the contrary notwithstanding
Sent up for concurrence
A Ward Speaker
In Senate March 4 th 1786.
Read and nonconcured
Sam 1 Phillips jun r Presid 1
paid to P Dudley Sargeant 43 : 14 :
d Jon a W Austin 29:2: W%
d Peter Dolliver 8:5- Total 81 : 2
Boston March 8, 1786
This certifies that I was adjutant of Col Paul D. Sar-
gents reg* in the year 1775 and that I rec d my wages of him
as made up in the field & Staff rool of s d regiment while in
the pay of this state in the year 1775, and I am likewise
knowing that part of the remainder of the field & Staff offi-
cers receiving their pay of y e s d Colonel and I think the whole
Peter Dolliver
Paul D Sargent- 43 : 14 : 3l/ 2
Jonathan W Austin- 29 : 2 .. 10>4
Aron Cleveland - 24 .. 6 .. 10>4
Peter Dolliver 8.5.-
Osgood Carlton- 10 ..18.. 63/4
Parker Cleveland 18 .. 15 .. -
Isaiah Holt 8.. ..-
Ebenezer Swetland 10.. 5.. 8y 2
Total 153 . 8 . 3#
12
162 DOCUMENTARY HISTORY
Memorial of Paul D. Sargent.
Commonwealth of Massachusetts Feb y 17 1786
To the Honorable the Senate and the Honorable House of
Kepresentatives
Humbly Shews Paul Dudley Sargent that he paid the Field
and Staff Officers of the Regiment under his Command in the
year 1775 while in the Service of this Commonwealth and
took their receipt therefor that he in the year seventeen hun-
dred seventy seven left his baggage and papers at Horseneck,
that before he could get them removed the Enemy came out
and burnt the House in which his baggage was and with it his
papers, by which he is deprived of his vouchers, that the
Treasurer refuses to pay him what is due on his role unless he
produces orders from the officers, which is not in your peti-
tioners power, the Lieutenant Col and Major being dead, the
Chaplain, Surgeon, and Surgeons Mate, being settled in dif-
ferent parts of the Country unknown to your petitioners or
dead, by reason of which your petitioners can not come at
them, therefore he prays you would order the Treasurer to
pay him the sums due on his role, or take such order thereon
as you in your Great Wisdom shall see proper that your peti-
tioner may git his just due and your petitioners as in duty
bound shall ever pray
Paul Dudley Sargent
Re: Bill Regulating Townships.
March 7 th 1786
Sir
The Act for Regulating of Townships & Town meetings
is inclosed for the Consideration of the general Court, Which
some of the revising Committee, are desirous Whenever the
OF THE STATE OF MAINE 163
Code of Laws is Printed, should appear at the beginning of
the Statutes, as it seems to be the grand Stepping Stone to
every species 'of Power in the Common th some of the Com-
mittee since the Bill is drafted seem to be of Opinion, that it
would be eligable to fix the Time to the first Monday of April
instead of the Month of March, in order that there might be
a more general attendance of the Inhabitants for other Elec-
tions that are by the Constitution Assigned to that Time,
should that be the opinion of the general Court it may easily
be effected, and another short Clause introduced to transfer
all matters cognizeable in March Meetings by other Statutes
to the first Monday in April.
I am Sir your honours Humble Servant
Nath 1 Peaslee Sargent }4n behalf of the Revis-g Com ee
M r President Philips
List of Towns that have not made returns of their assessments
to the Treasurer.
A List of Towns that have not made any Returns to the
Treasury of the Taxes required viz.
Gold & Silver Tax 1780 viz
County of Hampshire Myrafield 43.16 , County
of York Massabesec 52.4 , Limerick 14 . 8 , Brown-
field 14.8 , County of Cumberland Pearsontown 60
Gray 38.14 Sylvester 7 . 4 Bridgetown 5.8 Coun-
ty of Lincoln Winthrop 108, Belfast 14 . 14 , County
Berkshire, Plantation N 7 47.8 New Ashford 51.
- . Ashewelet 54 - Total 5 12 .. 4 -
Specie Tax 1781 viz County of Berkshire Plantation
N 7 170 County of Barnstable Truro 381 . 5-
County of York Massabee 210 Brownfield 75
164 DOCUMENTARY HISTORY
County of Cumberland Peirsontown 351 5, Ray-
mondston 125 Bakerstown 105 Sylvester 105
Bridgetown 138.15 - County of Lincoln ISTorridgwalk
37.10 Lewistown 90 Balltown 45 County
of Berkshire Ashawelet Equivalent 292 . 10- Total
2126.. 5..
New Emission Tax 1781 Viz 1 York County Massa-
besec 172.1.3 Brownfield -51.14.4 Cumberland
County Pearsontown 150 .. 2 . 11, Raymondston 34 . 10 . 4
Bakerstown 17.5.2, -Sylvester 17.5.2, Bridgtown
- 17 . 3 . 10 Berkshire County New Ashford 133 . 15 . 11,
Ashewelet Equivalent -221.0.9 Plantation N 7-
267.9.10 Lincoln County Belfast -36.0.7, Lower
Town of S* Georges 112 . 3 . 5, Georgetown 633 . 12 . 10
Total 1864 .6.4
Continental Tax*N" 1, 1782 Viz 1 Hampshire County -
Plantation N 7 113.6.8, Barnstable County -
Truro 254.3.4
York ditto Massabesec 140 . Brownfield 50
Littlefalls 120 Cumberland County Gray 160-
Pearsontown 234 . 3 . 4 Raymondston 83.6.8 Bakerstown
- 70 Sylvester - - 70 - - Bridgtown - - 92 - Lincoln
County Winthrop 127 . 10 - - Norridgwalk 25 . -
Lewistown 60 - Berkshire County Ashewelet Equiv*
195- Total 1794 . 10 .
Continental Tax ~N 2 Viz* Hampshire County Merry-
field 105 .16.8, Plantation N 7 137 . 6 . 8, Barnstable
County Truro --254.3.4, Barnstable --1060 , York
County Massabesec 140 Brownfield 50 Little-
falls 120 , Cumberland County Pearsontown 234 .3.4
Royalsborough 165 Raymondton 83 .. 6 .. 8 Bakers-
town 70 Sylvester 70 Bridgtown 92.10 Lin-
coln County Bath 240 Topsham 209.3.4 Bow-
doinham 200 Pittston 127. 10 Howardston 45
OP THE STATE OP MAINE 165
Winslow -135 Norridgwalk 25 Lewiston
-60 Berkshire County Ashewelet Equiv* 195 Total
3719.0.0
State Tax N 3, Viz* Hampshire County Plantation N
7 -323- York County Massabesec -891.16.3
Brownfield 63 . 17 . 7 Littlefalls 377 .15.11 Cumberland
County Falmouth --55. 12. 5 Cape Elisabeth --15. 3. 6
Pearsontown 368 . 12 . 8 Royalsborough 268 .9.6 Ray-
mondstown 350 .3.4- Bakerstown 187 . 12 . 6 Bridgtown
-246.12.5 Sylvester 187.12.6 Lincoln County How-
ardston 45, Norridgwalk 25 Lewistown 60 Berk-
shire County Ashewelet Equiv* -320.14.3M Total
3787. 2. Wy 4
Cass Tax Viz 1 Suffolk County Boston 592 . 18 . 9 Wey-
mouth 74 . 1 . 8 Essex Almsbury 74 . 1 . 8 Middlesex Coun-
ty Marlborough -74.1.8 Hampshire County Wil-
liamsburg 74 . 1 . 8 Westfield 74 . 1 . 8 Plantation N 7 -
74 . 1 . 8 Plymouth County Rochester 74 . 1 . 8 York Coun-
ty Lebanon 74 .1.8 Massabesec 74.1.8 Brownfield
74 . 1 . 8 Littlefalls 74 . 1 . 8 Cumberland County Pearsontown
148 . 3 . 4 Raymondston 74 . 1 . 8 Bakerston 74 . 1 . 8 Sylves-
ter 74 . 1 . 8 Bridgtown 74 . 1 . 8 Berkshire County G. Bar-
rington 148.3.4 W. Stockbridge 74.1.8 Ashewelet
Equiv 1 74.1.8 Hancock 222.5 Washington 74.1.8
Total 2445 .0.5
Total Sum not returnd viz* Gold & Silver Tax 1780-
512 . 4 . Specie Tax 1781 2126 . 5 New Emission
Tax 1781 1864 6 4 N 1 Continental Tax 1782-
1794.10 N 2 ditto 1782 3719 N 3 State Tax
1783 3787 .. 2 .. 10# Class Tax 1782 2445 .0.5 Total
16240.8 7>4
Commonwealth of Massachusetts
Treasury Office, 13 th Feb y 1786
Thomas Ivers Treas.
166 DOCUMENTARY HISTORY
Re Petition Joseph Chadbourne.
Commonwealth of Massachusetts
In the House of Representatives March 13 th 1786
On the Petition of Joseph Chadbourn in behalf of the
Plantation of Littlefalls setting forth that said Plantation
procured and supplyed four hundred weight of Beef agree-
able to a Resolution passed the General Court June 22 d 1781
for which no credit was given
Resolved that the Treasurer be, and he is hereby directed
to Credit the Plantation of Little falls with the sum of Six
Pounds thirteen shillings & four pence on the Execution is-
sued against said Plantation for non compliance with the re-
solve aforesaid
Sent up for concurrence
A Ward, Speaker
To the honorable Senate and House of Representatives of the
Common Wealth of Massachusetts in General Court
Assembled February 1786
the Petition of Joseph Chadbourn in behalf of the Planta-
tion of Littlefalls in the County of York humbly shews that
the Continantall Army and they have turned into the Agent
for said County four hundred Weight of Beef for which they
have the agents Receipt for as they have not any Credit for
the same and Execution have been Issued for the Beef tax
against Said Little fall your Petitioner Prays that an Ordor
may Pass to discharge Said Plantation for the Beef they
have Returned in or Releave them in such way as your
honours in your Wisdom may direct and as in duty Bound
will Ever Pray
Joseph Chadbourn Agent.
OF THE STATE OF MAINE 167
Commonwealth of Massachusetts
Secretarys Office March 11, 1786
This may certify that it appears by the Recipts of Beef in
this Office that the Plantation of Littlefalls in the County of
York have not been Credited with any part of the several
requisitions of Assessed on them by the General Court
John Avery jun r Sec y
Berwick Decb r 31 st 1781
Rec'd of M r Joseph Chadbourn j r four hundred Weight of
Beef in Part of the Plantation of Littlefalls Proportion of
Beef assessed Said Plantation by the Resolves of the General
Court June 22 d 1781 p r me
Dominions Goodwin [ Agent.
Petition of Jn Nichols in behalf of town of Washington.
Commonwealth of Massachusetts
To the Honorable Senat and house of Representatives
Humbly sheweth John Nichols, in behalf of the Town of
Washington That Havens Shearman Collector of Taxes for
said Town, after Collecting a considerable sum, did abscond
with the same in his hands, and that upon application made
to this Court at their first Session, The Treasurer of this
Commonwealth was directed to stay his Execution against
Said Collector for the term of nine Months, which being
Nearly expired, and Said Town having since the passing the
said order, Settled with said Collector, by receiving from him
a Small piece of Land, which was all that they could obtain,
and which Cannot be sold for money at present, and whereas
Said Town is Very poor, and unabl at present to pay the
168 DOCUMENTARY HISTORY
Same, Your Petitioner therefore prays Your Honours to take
the matter under your wise Consideration, and that Said
Treasurer may be directed to Stay his said Execution, for
the further time of nine months in order that said Land may
be Sold or that Said Town may have opportunity to Dis-
charge the said Tax some other way,
as in duty bound will ever pray
John Nichols
Re Petition John Nichols.
Common Wealth of Massachusetts
In the House of Representatives March 13 th 1786
on the Pettion of John Nichols in behalf of the town of
Washington Praying that Execution may be Stayed against
said town for Reasons seat forth in said Pettion
Resolved that Execution be Stayed against the town of
Washington for the further term of Seven months from the
passing of this Resolve
Sent up for concurrence
A Ward Speaker
In Senate March 16 th 1786
Read and Nonconcurred
Sam 1 Phillips jun r Presid*
Re Petition Paul D. Sargent.
Commonwealth of Massachusetts
In the House of Representatives March 13, 1786
On the Petition of Paul Dudly Sargent Esq praying for
a Compensatory Grant out of the unlocated Lands belonging
to this Commonwealth in the County of Lincoln
OF THE STATE OF MAINE 169
Resolved that Eight hundred acres of unappropriated lands
in the County of Lincoln be granted to the said Paul Dudly
Sargent in full for the expences made in purchasing eight
hundred acres granted to the Soldiers by the General As-
sembly of the late Province of the Massachusetts Bay in the
year 1734, in the Township called Souhigan West 1ST 3 which
by the Settlement of the line between said Province and that
of ]STew Hampshire fell within the limits of the latter Govern-
ment as Set forth in said Petition, and which Grant Shall be
in full for all claims said Petitoner may have on this State by
means of the Aforesaid Settlement
Eesolved that the Committee for Selling the unlocated land
in the County of Lincoln be and they are hereby directed to
Sett of eight hundred acres of land to Paul Dudly Sargent
Esq r and his heirs for ever, out of the Land in the County
Aforesaid and in such parts thereof as said Committee may
see fit
Sent up for concurrence
A Ward Speaker
In Senate March 16, 1786
Read and non concurred
Sam 1 Phillips jun r Presid 1
18 members present
Memorial Paul D. Sargent.
Commonwealth of Massachusetts
To the honorable the Senate, & to the honble the House of
Representatives of said Commonwealth in General Court
assembled at Boston October 1785.
Paul Dudley Seargent humbly sheweth That in the year
1734 the General Assembly of the then Province of the Mas-
sachusetts Bay granted a Township six Miles square called
170 DOCUMENTARY HISTORY
Souhegan West JST 3 to the Widows, Children & Heirs of the
Soldiers engaged in the Narraganset Expedition, or Pequod
War ; Two Eights of which District consisting of eight hun-
dred Acres, were purchased the same year by the Father of
your Petitioner from the Heirs of two of said Soldiers : That
Anno 1736 by the settlement of the Line between said
Province & that of New Hampshire the whole of said Town-
ship fell within the Limits of the latter Government, the Soil
& Freehold became vested in that Province & the Grant from
Massachusetts was vacated, notwithstanding the terms of the
Grant had been completely fulfilled & the Dues done by the
Grantees or their Assigns, by Means whereof your Petitioners
Father was put to a very considerable Expence in repur-
chasing said Lands & obtaining a Quiet Occupancy & which
Expences have never been reimbursed, or any Compensation
made by this Government to said Purchaser or his Heirs:
Your Petitioner therefore prays that this honorable court
would make him a compensatory Grant out of the unlocated
Lands belonging to this Commonwealth lying in the County
of Lincoln, or take such other Order on the Premises as they
in their Wisdom shall think to Right & Equity appertains.
And your Petitioner as in Duty bound shall ever pray
Paul Dudley Sargent
Boston 22 d Oct r 1785
Message of Governor.
Gentlemen of the Senate & Gentlemen, of the House of
Representatives
A number of persons, who appear to be inhabitants of
Moose Island in the Bay of Passamaquoddy, have by their
letter of the third of January just received, represented, that
the Officers of the neighbouring British Province of New
OF THE STATE OF MAINE 171
Brunswick are pursuing every method to subjugate them; &
that several writs have been executed upon them : imploring
the interposition of this Government, & that such steps may
be immediately taken as are necessary to quiet their minds,
and give them full possession of their rights in the said Is-
lands : as you will observe by their said letter.
This matter, in consequence of former similar representa-
tions, has been at your request laid before Congress ; and as
it is in a train of settlement, there seems to be nothing further
necessary to be done, but to quiet the minds of those inhabi-
tants, by informing them that Congress had taken measures
to procure an amicable adjustment of the dividing line be-
tween the territory of the United States, & the said Province
of New Brunswick; to commend them for their resolution,
that no allurements or threats shall induce them to for-
sake that system & Constitution, by which they very justly
think their natural rights & privileges will be secured; and
to exhort them to abide by that resolution.
The said letter, Gentlemen, is laid before you, for your de-
termination concerning it.
James Bowdoin
Council Chamber March 21 st 1786.
Memorial Inhabitants Moose Island.
Moose Island Passamaquody Jan y 3, 1786
May it Please your Excellency
The very great trouble and distress, which we now Labour
Under, Call aloud in behalf of ourselves & Famelys to Solicite
the attention of your Excellency the Island we now Live
on appears to be in dispute, between the United States and
Britain. The later now pursuing every Method to Subju-
gate us Several writs have been Executed, & by the Vigilent
& Active Conduct of the Emmissires of Britain, several
172 DOCUMENTARY HISTORY
Credulous & Ignorant persons have Doubted the American
Claim As to Ourselves No Allurements or Threats will
prompt us to foresake that system & Constitution, which we
hold as our Natural Rights & privelidges Always Confiding
in the Assistance of the United States and that the Island
Lyes within their Jurisdiction We are people who depend
upon Our Industry for Subsistance, & have little time to At-
tend to such Disputes We have therefore taken this Method
to Beseech & Implore the Interposition of your Excellency &
the Hona 1 Council to take such Immediate Steps as are Neces-
sary to Quite our Minds and Give full Possession of our
rights and titles to said Island
We woud further Observe to Your Excellency that should
said Island fall into British Lines, it intercepts all Trade
with Cobscook, which Britain Allows to fall within the States
With a full relyenc 1 e & dependence upon Your Excellencys
Attention
We Remain with every Respectfull Duty Your Excellency
Most Obedient & Devoted servants
James Cochran John Shakford,
Joseph Clark, Caleb Boynton
John M c Guire W m Allan,
Nathaniel Clark, Steven fountan,
Sam Tuttle, William goudy
His Excellency James Bowdoin Esq r
Petition of Inhabitants of Cumberland Lincoln Counties to
cut a Canal from New Meadow to Merry Meeting Bay.
Commonwealth of Massachusetts
In Senate March 22, 1786.
On the petition of sundry Inhabitants of the Counties of
Cumberland and Lincoln, praying for license to cut a Canal
OF THE STATE OF MAINE 1Y3
from New-Meadow River to Merry Meeting Bay: Ordered,
that the petitioners cause an attested copy of their said peti-
tion and this Order thereon, to be published in the Falmouth
News Paper thirty days, at least, previously to the second
Wednesday of the next Session of the General Court, that
notice may thereby be given to any person or persons to shew
cause (if any there be) on the said day, why the prayer of
the said petition should not be granted
Sent down for concurrence
Sam 1 Phillips jun r Presid*
In the House of Representatives March 23 d 1786.
Read and concurred
A. Ward Speaker
Petition Inhabitants Cumberland and Lincoln.
To the Hon ble the Senate and House of Representatives of the
Common Wealth of Massachusetts, in General Court
assembled.
The Petition of the Subscribers (being Inhabitants of the
Counties of Cumberland and Lincoln) humbly sheweth, That
your Petitioners being sensible that by cutting a Canal from
the Head of New-Meadow River into Merry-meeting Bay,
many and great Advantages would accrue not only to the In-
habitants of this Vicinity in particular, but to all the Mari-
time Towns to the Westward of said River in this Common
Wealth, and to the Publick in general as Merry-meeting
Bay is the Place whare the two great Rivers of Kennebeck
and Androscoggen meet, and is just above those dangerous
Narrows called the Chops Through which Canal, might be
brought Lumber & Masts from any part of Kenebeck River
in Rafts, directly into Casco-Bay and to Falmouth, without
174 DOCUMENTARY HISTORY
going to Sea or running the Hazard of going down that rapid
Torrant, the main Stream of Kenebeck New-Meadow
River empties itself into Casco-Bay about one League and
an half to the Westward of Small-Point, and is a very safe
& commodious Harbour even in the most rugged Season of
the Year for Shipping of all Sizes From the Head of
New-Meadow River into Merry-Meeting Bay, is called little
more than one Mile and is all the Way (excepting a very
small Distance) low, swampy Ground and Salt-Marsh, thro'
which is proposed to cut said Canal, at the Expence of Sub-
scribers ; and your petitioners are willing that the Owners of
the Land & Marsh be intituled to reasonable Dammages (if
any they require) from the Subscribers to carry on said Busi-
ness. Therefore your Petitioners pray your Honors Appro-
bation, & that in your great Wisdom you would grant Leave
for said propos'd Canal to be cut through And your Peti-
tioners as in Duty bound, will ever pray
Brunswick 1 st Jan ry 1786.
Israel Snow, John Peterson Jun r
Samuel Snow, Joseph Snow Jun r
Peter Combs, James Sampson,
John Farrar Hopstill Delano,
Tho s Mayo Lewis, Eph m Butterfield,
James Fulton, Isaac Parsons,
Joseph Comb, Jesse Holbrook,
James Curtis, Benj a Brown,
William Low, John Winchell,
Nath 1 Larrabee, Jonathan Osgood,
Stephen Ingham, Ezik 1 Thompson,
John Ham, James Willson,
George Harward, Aaron Hinkley,
Joshua Paine, Siman Duglis Esq r
Sam 1 Melchen, John Snug,
OF THE STATE OF MAINE
175
Tho 8 Cosson,
Wm Sheffield
John Andres,
James Thornton,
Rob* M c Farland,
James Hunter,
Daniel Brown Jr,
Stephen Hinkley,
James Mott,
John Simons,
Stephen Comley,
Jeremiah Dalton,
William Foster,
Thomas Berry,
William Gatchell,
Peter Combs Jun r
John Emery,
Consider Thomas,
Robert Jordan,
Mickel Hoggen,
Huge Potter,
George Coombes,
George Coombes Jun r ,
Benj a Coombes,
Asa Coombes,
Tho 8 Coombes,
Charles Thomas,
Peter Woodward,
Joseph Snow,
Benjamin Larrabee,
Samuel Thompson,
John Dunlap,
Will Brown,
Cornelius Heath,
David Ingham,
Isaac Cotton,
Nath 1 Larrabee J r
Isaac Snow J r
Samuel Lewis,
Jonas Dean,
Joshua Thomas,
Jeremiah Snow,
John Snow,
John Snow jun r ,
Henry Marit,
Jesse Snow,
George Lewis,
Cap 1 Higgins
Naler Marriner,
Bangman Higgins,
Basigman Snow,
Sam Small,
John Mariner,
John Mariner juner,
William Mariner,
Samuil Mariner,
Step n Gatchell,
William Gatchell
Benjamin Gatchell,
Peter Jordan,
Sam Wood,
William Collon,
Martun Grant,
John Jordan,
Abijah Jordan
John Jordan Jun r ,
Andrew Duning,
Hugh Alexander.
176 DOCUMENTARY HISTORY
Mr Thomas Child Naval Officer Falmouth Account Current.
D r
1784
Light Money Port of Falmouth Casco Bay Contra
Feb 1 st To Commissions on 9- - 3 - []
To Ballance carried to next Quarter 8 - 16 - 5
9 00
May 1 st To Commissions on 13 : 5/ 5 3
To Ballance carried to next Quarter 21 16 2
22 1 5
July 8 th To Cash paid Treasurer 16 16 8
Aug* 1 st To Commissions on 13 . 9 . 4 5 4
To Ballance carried to next Quarter 18 3 6
35 5 6
Nov r 1 st To Commissions on 15 . 5 . 10 6
To Ballance carried to next Quarter 33 3 4
33- 9- 4
1785
Feb 1 st To Commissions on 13 . 8 . 4 5 4
To Ballance carried to next Quarter 46 6 4
46-11- 8
May 1 st To Commissions on 8 . 17 . 6 3 6
To Ballance carried to next Quarter 55 4
55- 3-10
Aug* 1 st To Commissions on 18 - 11 - 8 7 4
To Ballance carried to next Quarter 73 4 8
73-12-
I 8t To Commissions on 13-9-2 5 4
To Cash paid Treasurer 11 3
To Ballance carried to next Quarter 75 5 6
86-13-10
OF THE STATE OF MAINE 177
1786
Feb 1 st To Commissions on 16-9-6 6 6
To Cash paid Treasurer 20 13 3
To Ballance carried to next Quarter 70 15 3
91-15-
Mar 19 th To Cash Paid Treasurer 20- 0-
May 1 st To Commissions on 5 . 7 . 8 2 1
To Ballance carried to next Quarter 56 10
76 2 11
C r
1784
Feb 1 st By Duty on 16 Vessels 1080 Tons @
2 d to this day 9-0-0
9- 0-
May 1 st By Ballance bro 1 from I 8t Quarter 8 - 16 - 5
By Duty on 19 Vessels 1590 Tons @
2 d to this day 13-5-0
22- 1- 5
Aug 1 1 st By Ballance br* from 2 d Quarter 21 - 16 - 2
By Duty on 21 Vessels 1616 Tons @
2 d to this day 13-9-4
35- 5-6
Nov r 1 st By Ballance bro 1 from 3 d Quarter 18 - 3 - 6
By duty on a Foreign Vessel 70 Tons
@ 4 d omitted 3a July last 1-3-4
By D on 13 Vessels 995 Tons @ 2 d
to this day 8-5 -- 10
By D on a Foreign Vessel 350 Tons
@ 4 d 5-16-8
33- 9- 4
A
13
178 DOCUMENTARY HISTOEY
1785
Feb 1 st By Ballance W from 4 th Quarter 33 - 3 - 4
By Duty on 26 Vessels 1470 Tons @
2 d to this day 12-5-0
By D on a Foreign Vessel 70 Tons 1-3-4
46-11- 8
May 1 st By Ballance br l from last Quarter 46 - 6 - 4
By Duty on 11: Vessels=945 Tons
@ 2 d to this day 7-17-6
By D on a Foreign Vessel 60 Tons
@ 4 d 1
55- 3-10
Aug 1 1 st By Ballance br' from last Quarter 55 - - 4
By Duty on 14 Vessels 910 Tons @
2 d to this day 7-11-8
By D on 2 Foreign Vessels 610 Tons
@4 d 10-3-4
By D on 1 Coaster 50 Tons for the
Year 0-16- 8
73-12-
Nov r 1 st By Ballance bro 1 from last Quarter 73- 4- 8
By Duty on 20 Vessels 1465 Tons @
2 d to this day 12-4-2
1786
Feb 1 s * By Ballance bro 1 from last Quarter 75 - 5 - 6
By Duty on 26 Vessels 1807 Tons @
2 d to this day 15- 1- 2
By D on 2 Coasters 45 & 40 Tons
15/&13/4 1-8-4
91-15- 3
OF THE STATE OF MAINE 179
May 1 st By Ballance bro* from last Quarter 70 - 15 - 3
By Duty on 10 Vessels 646 Tons @
2 d to this day 5-7-8
76- 2-11
Tho 8 Child
N Off-
Cumberland Ss Falmouth, May 13 th 1786 M r Thomas
Child, Naval Officer for this Port, made oath that the fore-
going is a true Acco 1 of all the Light Money he has receiv d
since the resolve or Act respecting the Same took Place
Coram Enoch Freeman Jus 1 Pacis
June 9 1786.
An Account of Duties Received Naval Office Port Fal-
mouth between 1 st Aug 1 1785 & 1 st May 1786 Viz 1
On 7. Registers 1 Quarters . 7 . 0, 9 Registers 2 d Quarter
-0 9 0, 7 Registers 3 d Quarter 7 0, One
Charter Party & three Bills Lading 3 3 Total
1 :6 3
Cumberland Ss Falmouth May 16 th 1786 M r Thomas
Child Naval Officer for this Port ; made Oath that the above
is a Just & true Acco 1 of the Duty he has received on Regis-
ters &c to this Time
Coram Enoch Freeman Jus* Pacis
Petition of Abijah Buck & Others.
To the Honorable Court of General Sessions of the Peace for
the County of Cumberland in the Common Wealth of
Massachusetts
180 DOCUMENTARY HISTORY
The Petition of a Number of Inhabitants of two towns one
called Bucktown or No 5 The other Called Butterfield or No
6 in the County of Cumberland
Your Petitioners Humbly sheweth That the Committee
appointed by the Honorable General Court for Selling un-
propriated Land in the county of Cumberland Have Sold the
above said Two Towns and there being between Seventy and
Eighty families Settled in said Townships
That they Labour under Great Inconveniences for Want
of an open and Established Road from Bucktown through
part of Shepardfield and Bakerstown as far as the Great
Bridge on Little Amouriscogin River in Bakerstown
The Road that is used now is frequently filled up by Per-
sons who wish it to be differently laid out some say it to be
in one place and some in another
Your Petitioners therefore Humbly Pray that your
Honours Would be pleased to send a Committee (or appoint
some other way) So that there may be an open and Estab-
lished Road from Bucktown to the Great Bridge above said
so that they may pass and Repass Without so many fences
and other incumbrances
And as in Duty Bound they will Ever pray
May 16 = 1786.
Abijah Buck John Brown,
Jonathan Tyler, John Buck,
Nathaniel Buck, David Record,
Benjamin Spaulding, Thomas Allen,
Joseph Robinson, Thomas Coburn,
Increase Robinson, Edmund Chandler,
Elisha Bigbee, Benjamin Haitd,
Noah Bosworth, John Crocket,
John Bonney, Dominicus Record,
William Tucker, John Warren,
OF THE STATE OF MAINE 181
Meshach Keen, Daniel Oldham,
James Keen, Charles Bisbee,
John Keen, Calab Young,
Oliver Cummins, Joseph Robats,
Moses Buck, Amos Brown,
Simeon Barrett, Beniah Teague,
John Briggs, David Warren,
Hezekiah Stetson, Joseph Chace,
David Sturtevant, Nathaniel Chace,
Isaac Bonney, Enoch Hall,
Asa Robinson, Charles Ford,
Jonathan Record, Jonathan Philbrick,
Isaac Forster, James Thurlo,
Jonas Coburn, Jonah Fobes,
William Irish, Moses Harris.
To the Honorable Senate and the Hon ble House of Repre-
sentatives of the Commonwealth of Massachusetts in
General Court assembled
The Petition of Abijah Buck, for himself & in behalf of
forty nine others, Inhabitants of the Plantations of Buck-
town and Butterfield in the County of Cumberland humbly
shews
That they labour under great Inconveniences for want of
an open and established Road from said Bucktown through
part of Sheppardsfield and Bakerstown as far as the Great
Bridge on Little Androscoggin River in said Bakerstown
The Road that is now used is frequently filled up by persons
who wish it to be differently laid out, some in one place &
some in another
He therefore prays that your Honors would impower and
direct the Court of General Sessions of the Peace for the said
182 DOCUMENTARY HISTORY
County of Cumberland to appoint a Committee to lay out
open & establish a Road from said Bucktown to the Bridge
aforesaid, in such a manner as they may judge best
Your Petitioner & the 49 other Inhabitants aforesaid, sup-
posed the Court of General Sessions afores d were by Law im-
powered to lay out Road through Plantation & signed the
Petition accompanying this, which he begs leave to present
to your Honors to shew that that number of Persons at least
in y e Plantations aforesaid wish to have said Road estab-
lished but finding upon his coming to said Court that they
are not invested with this Power he humbly lays his &
their Request before your Honor & prays for your Honors
Order thereon
Abijah Buck
Falmouth June 13 1786.
Letter from Jas Lyon to Jas Avery.
Machias, May 17, 1786
Sir
I am exceedingly obliged to you for your very friendly
letter and the great attention you are pleased to give to my
interest, which is now depending in the General Court. I
trust, the reflection of having, at least endeavored to serve
me in this matter, will always give you pleasure ; for no per-
son can have a better claim to said Lands, unless it is given
by the Court, than I have. This claim I cannot present to
the Court, in my own person, but beg the favor of your doing
it, if consistent. And what you are pleased to do will be
acceptable to me. My Memorial, to which I refer you, con-
tains my claim in full. I shall only add, that no person, to
my knowledge, who now makes any pretentious to said Lands
ever labored one hour on them except myself and those un-
der whom I claim. And, I presume a person fixing his eye
OF THE STATE OF MAINE 183
on it 20 or even 30 years ago, & ever calling it his, will never
give him a just claim. Should the Hon ble Court see fit to
grant me my Petition, & consider the rations &c. a sufficient
compensation, I shall be fully satisfied But rather than
loose the money I have paid to original claimers, & my own
expense & labor, I will pay for them, as others pay for wild
Lands, tho' it distresses me considerably My choice you
will easily guess I wish, if I know myself, for nothing un-
justly. And could I think the claim of any other person to
the aforesaid Lands better than my own, I would instantly
relinquish them. Nor do I wish to be favored by the Great
& General Court farther than they would favor another per-
son, in my situation & circumstances. I also wish to have
the matter determined as soon as may be, that I may proceed
to further improvements on said Lands, if mine. And I
fully rely on your friendship, & the due application of your
influence. And I not only wish you success in this, but also
in all business, in which your own interest, and that of the
public is concerned
I am, Sir ; very respectfully, Your Most humble & obliged
servant
Ja s Lyon
John Avery Esq r Secretary
Account of Rich d Trevett, Naval Officer Port of York.
Naval Office Port of York [ A Just & true acco 1 of all the
Fees Received by Me, between 20 th Day of January
1786 and twentieth of Aprill Instant
1786
Jan y 24 th Silas Nowall, Master of Brigantine Polly for
France 10 Ditto Indorsing Regester I/ Certificate
for Light Money I/, .. 2 , 30 th Solomon Varrell, Schooner
184 DOCUMENTARY HISTORY
Polly 14 Tons from Connecticut 4 Ditto Permett to
unload 1 , Zebulon Harmon a Coaster Certificate
for L* Money .. 1 Feb y 11 th Samuel Winn, Schooner Union
Enterd from West Indies .. 10 Ditto Permitt to unload
I/ Indorsed Register I/ 0..2 15 th John Harmon Jun r >
Schooner Fancy for West Indies 10 Ditto Certificate
for L l Money I/ Indorsed Register 1/0. .2, 16 th Noahm tn
Littlefield, Sloop Sally a Coaster, Yearly Pass .. , March
20 th David Parsons, Schooner John a Coaster from Newbury-
port .. 2 , 27 th Joseph Tucker, Schooner Two-Friend from
North Carrolina ..4 Ditto Permitt to unload 0..
29 th Joseph Tucker, Schooner Twofriend, a Coasting Clear-
ence to Boston 2 , Nath 1 Parsons, Schooner Sally ; Short
Clearence for Boston ..2 , William Seaward, boat Sea-
flower, for Piscataqua ..2 , 30 th Thomas Harmon, Sloop
Speedwell, from H^anola & permit .. 11 , April 5 th Zeb 1
Harmon jun r , Sloop Abigal, for New York ..4 , 12 th
Samuel Sewall, Schooner Little John West Indies, Reg ts In-
dors'd ..11 , 21 st John Harmon Jun r , Schooner Fancy
from S l Martens & permit .. 11 - Total 4 .. 18 -
York April 21 st Attest
Rich d Trevett N. Officer
York Ss. May 26 th 1786 Then Rich d Trevet made Oath
to the Truth of the Account aforesaid Before me
David Sewall J l Peace
Naval-office Port of York May 30 th 1786
S r Inclos,d is a return of My Fees Since the Last, (which
I transmitted by Judge Sewall,) this Comes by Daniel Sewall
Esq r by whom I send twelve Dollars, it being what Light
Money I have Rec'd Since the 20 th of January Last (3/
Excepted) which is all I have Rec'd, as the Season is not
OF THE STATE OF MAINE 185
Come round for a Settlement, I have not Sent an abstract
of the Perticulars, Shall Send it by Judge Sewall when he
Comes up in August next with the other Docum ts at which
time or before a new Choice will take place, then I Can
Square the whole, please to give M r Sewall a Rec* for the
above Sum I am S r your most Humb 1 Serv 1
Rich d Trevett
Tho a Ives Esq r
Petition of Benj. Sawyer of Boothbay.
To the Honorable the Senate & the Honorable the house of
Representatives of the Commonwealth of Massachusetts
in General Court Assembled
The Petition of Benjamin Sawyer of Boothbay Humbly
Sheweth
That while hostilities continued between Britain & Amer-
ica your Petition was exposed by his Local situation to the
open ravages of the common foe; that his uniform zeal &
activity in the cause of his Country drew on him & his family
a peculiar share of the enemy's vengeance ; for this his house
was plundered & robbed of his property to a considerable
amount ; that hereby he was reduced to no small distress : that
a brief statement of his losses with proper Vouchers was laid
before the Hon ble Court in the fall-Session 1784 which,
together with the Petition that accompanied it still lies be-
fore your Honors.
That by long sickness his family has been reduced to such
circumstances as can ill bear to ly under these difficulties
That in addition to all this, Your Petitioner having sold out
a real estate Was induced to place the money received in pay
for it into the public funds: & there it remained till by the
depreciation of the Currency it lost of its value more than
186 DOCUMENTARY HISTORY
four hundred pounds, & the remainder he cannot get out of
the funds now
That by this means he has been disabled to discharge his
own honest debts; & therefore is sued by his Creditors & ex-
posed to be harassed, if not undone.
Your Petitioners therefore begs leave thus to lay his case
repeatedly before your Honors ; entreating the Hon ble Court
to take his case into your wise & candid consideration & grant
him such relief in the premises as to your Honors in your
wisdom & equity Shall seem meet
& your Petitioner as in duty bound Shall ever pray
Benj a Sawyer
Boothbay May 31 st 1786
This may Certify that we the Subscribers are Knowing to
allmost the whole of the facts set forth in the within petition
W m M c Cobb, John Leishman, Tho s Boyd jun r [
Sellectmen of Boothbay
These may Certify that by Information in time of the late
War ye Petitioner Suffer* Loss by y e Enemie and has had
Long Sickness in his family & lately buried his wife
Joshua Farnham, Rob 1 White J- Selectmen of Woolwich
Moses Davis } Selectman of Edgecombe
Letter from Caleb Davis Esq.
Boston June 1 st 1786
Sir
I am honored with your letter of y e 25 th March Notifying
Me of My being appointed one of the Commissioners on the
part of this Commonwealth to Meet Such Commissioners as
may be appointed by the other States in the Union to Con-
sider & report a Uniform System in the Commercial affairs of
OF THE STATE OF MAINE 187
the United States I am deeply impressed with a Sense of
the honor confered on me in appointing me to this important
Business and Should Esteem it one of the happiest Circum-
stances of my life to be instrumental in extricating the Com-
merce of my Country from its present imbarised & distressed
Situation, but the Circumstances of my Private Concerns
will not admit of my absence From the Commonwealth at the
time appointed for the Commissioners to Meet. I am there-
fore under a necessity of declineing to Accept of the import-
ant Trust and Request Sir that you will Communicate this
to The Honorable Legislature as my Resignation
I am Sir With Sentiments of Esteem & Respect your
Obedient Humble Servant
Caleb Davis
In Senate June 2 d 1786.
Read and sent down
Sam 1 Phil-lips jun r Presid 1
Petition of Ichabod Goodwin & Others.
To the Honourable Senate and House of Representatives Now
sitting at Boston in the common Wealth of Massachusetts.
The petition of the subscribers Humbly Sheweth that
your Petitioners are owners of Certain Grants of land and
some of them have purchased large Gores of your Committee
who was appointed to sell them which Grants and gores lay
Northwestward of Sanford head line and Eastward of Leb-
anon line and adjoyning Shapleigh Southside in the County
of York which lands were annexed to the town of Sanford by
the incorporative Act of the aforesaid Shapleigh lately pass'd
as your petitioners are not inhabitant nor owners of land
in Sanford, but proprietors of lands in Shapleigh and are
there tax d we your petitioners conceive will be injured, and
188 DOCUMENTARY HISTORY
much troubl'd by having our lands taxed in Sanford : as they
are an Old town and likely to us are in debt as well as other
towns in the County and our Lands may be Exposed to Sale
before your petitioners are aware, we therefore pray that
you would Annex the afore said Grants and Gores of land to
the new town of Shapleigh that our taxes may be Assessed in
one town, and as in duty bound your petitioners will Ever
pray
Berwick June 2 d 1785
Ichabod Goodwin, Dominions Goodwin,
W m Rogers, Samuel Deviet,
W m Frost Jun r Eliphalet Chany.
John Bearing,
The Govr's Speech to the General Court.
Gentlemen of the Senate & Gentlemen of the House of
Representatives
Agreeably to the request of the last General Court, I trans-
mitted to our Delegates in Congress a Copy of the several
papers, that relate to the transactions of the Commissioners
for settling the Eastern boundary line of New York, & of the
Courts' Resolve, giving them certain powers for effecting a
Settlement of the interfering claims of the two States, to
lands in the Western Territory.
With respect to the first, I desired those Gentlemen to
communicate to the new Commissioners, appointed by
Congress to run that line ; & to procure from them the needful
information of the time they would attend on this business:
the time mentioned in their first letter being rendered pre-
carious by their second letter : in consequence of which those
papers were transmitted. But no further information has
been yet received from them on the subject. One of the
OF THE STATE OF MAINE 189
Agents appointed on the part of this State, the hon w M r
Sedgewick, informs me by his letter of the first of May, that
his prior engagements to the Government as a Delegate in
Congress, & his obligations to his colleagues, render his at-
tention to this business impracticable; & he is therefore
obliged, though with reluctance, to decline the honor of the
appointment. Perhaps, Gentlemen, you may think it proper
to appoint another Agent in his stead.
With respect to the interfering claims of the two States, I
have receiv'd a Letter from our Delegates, dated the 19 of
May enclosing a copy of a supplementary Act of the Legis-
lature of New York, passed the 28 th of April last: appointing
seven Gentlemen Agents, for vindicating the right & jurisdic-
tion of that State, against the claims of this State: & any five
or more of them are by that act empowered to settle the con-
troversy between the two States, otherwise than by the federal
Court, in such manner as they shall judge most conducive to
the interest of that state. You will consider, Gentlemen,
whether it would not be eligible to give the Agents on our
part similar powers : & whether in that case the probable con-
sequence would not be a speedier decision of the controversy.
Among the subjects, that claim your attention, Gentlemen,
the University at Cambridge is not the least important : The
encouragement of literature & the diffusion of knowledge were
among the first cares of the worthy ancestors. After pro-
viding the common means of instruction, they instituted
Harvard College which from that time to the present has
amply answered the end of its institution.
It has always been under the patronage of the General
Court, who from time to time have made grants for the sup-
port of its President and Professors. The last Grant for that
purpose was in June 1784, for their salaries to the proceed-
ing January. With you, Gentlemen, who must be sensible
of the great benefits derived to the Commonwealth from that
190 DOCUMENTARY HISTORY
institution, there can be little occasion of using arguments
for continuing those Grants. The meer representation of
the arrearage, I am persuaded, will induce you to provide for
the payment of it: especially as the Constitution declares,
that "it shall be the duty of legislators & magistrates, to cherish
the interests of literature & the Sciences, & all Seminaries of
them, especially the University at Cambridge." Consider-
ing too, that in most of the United States, there is now a re-
markable disposition in favor of literature & Science for pro-
moting & encouraging of which, there appears among them a
most laudable spirit of emulation.
Under the regal Government, to which it is hoped, the re-
publican will in no instance be inferior, those Grants were
regularly made. Besides which, about twenty years before,
& down to, the time of its abolition, there was in every new-
granted township one share reserved for, & granted to, Har-
vard College, exempted from all taxes, & similar reservations
were intended to be made in all after-grants of townships,
until the College-estate should produce a yearly income so
large, as that all further grants, both of land & money, might
with propriety & without discouraging Literature, be dis-
continued
I would recommend it to your consideration, Gentlemen,
whether, upon these principles, it would not be proper to
confirm to the College all the land-grants that have been made
to it as above-mentioned ; & to secure to it one share in such
townships as may hereafter be granted.
Another subject, & a most important one, that requires
your immediate attention, Gentlemen, is a Resolution of
Congress of the 15 th of February last: most earnestly recom-
mending to the deficient States on immediate & full com-
pliance with the revenue System, proposed by that honorable
body, by their Act of the 18 th of April 1783. I communi-
cated it to the General Court at their last Session: but they
OF THE STATE OF MAINE 191
thought proper to refer it to the consideration of the present
General Court.
Among the States, which have only in part acceded to that
System, is the Commonwealth of Massachusetts: whose Leg-
islature, with the Legislatures of the other deficient States, is
with unusual anxiety, & with a solemn earnestness, called
upon by Congress to pass Laws in full conformity to it. They
urge a compliance from motives & considerations of great
moment, which must make a deep impression on everyone,
who has a real concern for the honor & happiness of the
United States : & if a better system cannot be proposed, this
single consideration, that our freedom & independence were
purchased by the debt it was intended to discharge, should
invigorate every exertion to carry it into execution
Some of the States do not seem sufficiently sensible, that
the freedom & independence, thus derived to them, have
given them a new & important character a national char-
acter, from which, as relative to each other individually, &
to the united body collectively, new duties have originated,
which they are indispensably held to perform; & some of
which are expressly pointed out by the confederation. By
the confederation the States respectively do solemnly pledge
& engage their faith, to abide by the determinations of
Congress on all questions, which by the confederation are
submitted to the decision of Congress; & that the Articles of
it shall be inviolably observed.
By those articles Congress have authority to borrow money
on the credit of the United States; & to ascertain the neces-
sary sums to be raised for the service of the States ; & to ap-
propriate & apply the same for defraying the expence of that
service : & the several States are held to supply those sums in
certain proportions; for paying which, taxes shall be laid &
levied by the authority of their respective Legislatures with-
in the time agreed upon by Congress.
192 DOCUMENTARY HISTORY
Upon the faith & promise of the United States, thus pledged
& engaged, & to carry on the War, Congress procured Loans
from France, Spain & Holland, & from Citizens of the States,
which with other charges incurred by the War, amount to a
considerable sum. The nations & individuals, to whom this
sum is due, have a right to expect, & they do expect, that it
will be paid according to that pledge & engagement: & the
several States in the Union are under every obligation of
justice, honor & good faith, to exert their utmost ability for
that purpose. And you will permit me to add, that it is
particularly incumbent on you, Gentlemen, as the Legisla-
ture of this State, to make provision for the payment of our
proportion of that debt.
To extinguish the debt, a mode is pointed out by the rev-
enue System abovementioned, which Congress, after the most
mature deliberation, declares to be the best in their power to
propose. It recommends to the general States to invest
Congress with a power to levy, for the use of the United
States, certain duties upon goods imported into the said
States from any foreign port. And also to establish for
twenty five years, & to appropriate to the discharge of the
debts contracted on the faith of the United States, substantial
& effectual revenues, of such a nature, as they may judge
most convenient for supplying their respective proportions of
one million & five hundred thousand Dollars annually, ex-
clusive of the aforesaid duties : Provided that, until the rule
of the Confederation (or some other rule) can be carried into
practice, the proportions of the said sum shall be as mentioned
in the said Revenue Act: which assigns to this Common-
wealth the annual proportion of two hundred twenty four
thousand, four hundred & twenty seven dollars.
The former part of this recommendation has been com-
plyed with by the legislature of this State; with this devia-
tion however, that instead of impowering Congress, they have
OF THE STATE OF MAINE 193
an Act of their own, laid the recommended duties: subject
to this proviso, conformably to the recommendation, that the
Act Shall not operate until all the United States have passed
acts for imposing the like duties
The resolutions of Congress relative to this business, to-
gether with a message of the 27 th of February last, to the
General Court on the same subject, are on the files of the
Court, & to which you will please to be referred
The Commissioners of the Treasury of the United States
have transmitted a book, containing their account of taxes
with each particular State, exclusive of specified supplies,
stated to the first of November last: & also an Account of
those supplies, that have been demanded of each State. It
would have been communicated to the General Court at their
last Session, had it not, by some accident, been mislaid. The
former account includes taxes & credits for old Emission
dollars, New Emission, & specie dollars; & the balances due
in each.
With respect to the first mentioned account with Massa-
chusetts there was a balance due from this State in the old
emission. On finding it right, & a much larger sum of the
old emission dollars being in the Treasury, a warrant was
immediately issued on the Treasurer to pay that balance to
the Loan Officer of the United States: & it has been accord-
ingly paid. There is the appearance of a large balance of
new emission dollars due from this State: but when we are
credited for the payments made by the late Treasurer Gard-
ner, for the sums cancelled, or burnt, by a Committee of the
General Court, & for what the present Treasurer has in hand,
the remaining balance will be comparatively small, & may in
a short time be wholly paid ; if the extant taxes, intended to
redeem that emission, be properly called for.
The balance in specie appears also to be large : but it will
be greatly reduced, when all the sums paid are credited, &
14
194 DOCUMENTARY HISTORY
the amount in other respects properly adjusted. The State
however, is, with regard to this balance, considerably in ar-
rear ; & the loan officer has been with me, requesting, that I
would represent to the General Court the urgent necessity,
which presses for the speedy payment of it. Upon this head
I sent Messages to the General Court dated the 24 th of Octo-
ber, the 3 d of November, & the 3 d of February last, accom-
panied with several letters from the Commissioners of the
Treasury, & M r Secretary Thomson; together with a resolu-
tion of Congress of the 12 th of October, which are all upon
the same subject : earnestly urging the payment of arrearages,
due on the several requisitions of Congress prior to the last;
& representing in very forcible terms the evil consequences,
that must result from delay By recurring to those papers
Gentlemen, you will see the great importance of fully com-
plying with thos requisitions ; & must be induced to take
vigorous measures for enforcing the collection of the taxes
laid for that purpose
At the same time, Gentlemen, you are providing means for
complying with the requisitions of Congress, you will natural-
ly take into consideration the state of our own particular debt.
A general view of it was exhibited to the last Court; & you
can at pleasure recur to that exhibition
It is particularly necessary you should attend to the State
of the debt, as it respects the last & present year. Among
other purposes, the last tax-Act provides for the redeeming
of one hundred thousand pounds of the Army notes: going
upon the idea, that that sum would redeem the whole re-
mainder. But there will still be a remainder of ten thousand
one hundred & fourteen pounds four shillings & four pence
of those notes, for the redemption of which the Act does not
make provision. That remainder, however, need not for the
present be considered, as the Sale of State lands, & some
OF THE STATE OF MAINE 195
other means, already provided, may be sufficient to redeem
it.
Of the consolidated securities, issued by the Treasurer,
there is one hundred seven thousand five hundred & ninety
five pounds fourteen shillings & eleven pence half penny, that
was payable the last year: which with three hundred forty
five thousand four hundred & eighteen pounds nineteen
shillings & eight pence half penny of the like securities, pay-
able the present year, makes four hundred fifty three thou-
sand & fourteen pounds seventeen shillings & eight pence:
the greatest part of which is now payable, & the whole will be
so, at the end of the year, besides the interest that will then
be due.
The payment of these securities is provided for by five
taxes laid on the year 1785 for four hundred twenty three
thousand two hundred & fifty pounds ; & by four taxes on the
present year for three hundred eighty six thousand two hun-
dred & fifty pounds; for which taxes the Treasurer is em-
powered & directed to issue his warrants, in case the General
Court should not by the first of July in each year, agree upon
a tax act for apportioning those taxes upon the Common-
wealth. The Acts laying those taxes were passed the 17 th
of February, the 15 th of May, & the 5 th of July 1781 ; & the
25 th of March 1783 : & it will be the duty of the Treasurer,
after the first of July next, to issue his warrants for appor-
tioning & collecting them, at least to the amount of the afore-
said sum of four hundred fifty three thousand & fourteen
pounds seventeen shillings & eight pence, exclusive of the
interest. The reason why the taxes so much exceed the debt
they were intended to discharge, may be conjectured from an
Act passed the 6 th of March 1782 : by which an alteration
was made in the time of payment of Government securities
issuable, & some of which had been issued, by virtue of an-
terior Acts. The payment was postponed a year, without a
correspondant postponement of the taxes.
196 DOCUMENTARY HISTORY
It would be for the honor & reputation of the Government,
if its debt could be paid at the several times it will become
due. But if the tax, laid upon the present year by the last
tax act, of three hundred thousand, four hundred & thirty
nine pounds one shilling & three pence, connected with the
sum aforesaid, exceeds the ability of the Commonwealth,
concerning which you, Gentlemen, are the judges, would it
not be adviseable to propose to its creditors a system of pay-
ment, by which certain proportions of the debt, to which the
public ability would be equal, should be annually paid, until
the whole be extinguished. If this, Gentlemen, should be
your opinion, you may think it proper to extend the pro-
posal to the remaining creditors of the Commonwealth : to
whom there will be due on consolidated securities in 1787,
including the debt to a mercantile house in France, three
hundred fifty eighl; thousand five hundred & fifty one pounds
fifteen shillings & eight pence half penny in 1788 three
hundred forty five thousand four hundred & eighteen pounds
nineteen shillings & eight pence half penny; & in 1789 two
hundred thirty seven thousand eight hundred & twenty three
pounds one shilling & nine pence. The amount of all the
consolidated securities, that have been issued by the Treas-
urer, & are now extant, according to a memorandum I have
had from him, is one million three hundred ninety four
thousand, eight hundred & eight pounds fourteen shillings &
ten pence, exclusive of interest.
For the payment of the first sum, taxes are laid on the
year 1787, for three hundred eighty six thousand two hun-
dred & fifty pounds, & for the payment of the two last men-
tioned annual sums, both amounting to five hundred eighty
three thousand two hundred & forty two pounds one shilling
& five pence half penny; taxes are laid on the year 1788, for
three hundred eighty six thousand two hundred & fifty
OF THE STATE OF MAINE 197
pounds: which with the surplus age taxes laid on the year
1785 & 1786, are the fund for securing that payment.
This, Gentlemen, is the State of the domestick debt as it
stood the 27 th of the last month : & these are the funds for the
payment of it. There will be some addition to be made to it,
as all the accounts relative to the Penobscot Expedition, &
other matters of charge have not yet been settled. It is just-
ly expected, however, that the cost of that expedition will be
allowed to us by Congress.
A well digested system of payment, supported & recom-
mended by proper tax-acts, with such provisions as would
insure a punctual payment at the stipulated times, would
probably meet the approbation of the creditors of the Com-
monwealth; & be acceptable to the people in general. In
that case, the former would receive their debt in reasonable
proportions at the stipulated times ; & the latter be relieved,
not only by a division or distribution of the taxes upon a
number of years, but by the increasing population; which
would annually supply new & additional subjects to bear a
part of the taxation
If however, by a vigorous exertion we could cancel the do-
mestick debt within the time, at which the securities of the
remotest payment are payable, viz* 1789, transferring to that
year a sufficiency of the overplus tax of the last & present
year, & annihilating the rest of the overplus, it might be
more for the benefit of the Commonwealth than to pro-
crastinate it. This Cancellation being effected, & all our
finance resources directed to one point, ways & means might
be found to supply our proportion of the foreign debt without
much difficulty
Such an exertion, founded on the unalterable principles of
rectitude, & communicative justice a basis, on which the
happiness & prosperity of nations, as well as of individuals,
so essentially depend would be productive of good effects ;
198 DOCUMENTARY HISTORY
&, systematically pursued, would in a short time, not only
greatly reduce the debt, but proportionably advance the
credit & reputation of the Commonwealth.
There are other matters, Gentlemen which require your
consideration, & which I shall communicate to you by message.
The Letters & Papers, referring to those above mentioned,
will be delivered to you by the Secretary
Council Chamber June 2 d 1786. James Bowdoin
W m Lithgow & al. Inhab* 8 of Lincoln C v to erect a Light
House at Seguin.
To the honorable the Senate and the honorable House of
Representatives of the Commonwealth of Massachusetts
in General Court assembled.
The Petition of ttie Subscribers, Inhabitants of the County
of Lincoln humbly sheweth, that your Petitioners, in-
fluenced by an ernest desire to Alleviate the distress of their
fellow creatures in general, to promote the good of the Citi-
zens of this Commonwealth in particular, and to see the
Maritime and Mercantile Interest thereof in a flourishing
condition, and being fully persuaded that the erection of a
Light-House upon the Island called Seguin will greatly tend
to advance these important purposes, think it their duty to
apply to your Honors our political fathers, whose Character-
istic it is (and who are so fertile in expedients) to advance
the true interest of their Constituents and the benefit of
Mankind in general, to cause a Light-House to be erected on
the above mentioned Spot. The Island Seguin seems to be
designated by Nature for this purpose, being situated at the
Mouth of the great River Kennebeck, and being an excellent
direction not only for that Harbour, but likewise for the
Harbour of Falmouth, Booth-bay, Wiscasset-Point, New-
meadows, and Harpswell. This Island is well known to
OF THE STATE OF MAINE
199
Foreigners being pointed out in the sea Charts &c Your
Petitioners think that if there was a Light upon this Island
Many Vessells would be saved from Shipwreck, and many
Persons preserved from immature Deaths, therefore humbly
pray your Honors, to take this matter into your Considera-
tion, and to act thereon, as to your Honors in your great
wisdom shall seem fit And your Petitioners as in duty
bound will ever pray
Will Lithgow,
Samuel Thompson,
W m Lithgow Jun r
Tho s Price,
Benj a Jaynes,
Nath'l Wyman,
Dum r Sewall,
David Trusant,
Benj a Donnell,
W m Swanton Jun r
John Lowell,
Stephen Sampson,
Wensley Hobby,
William Swanton,
Stephen Morss,
John Bernard,
Davis Summer,
Joseph White,
William Webb,
Josh a Raynes,
Jon a Davis & Son,
Thomas Williams,
Deodat Lincoln,
John Whitmore,
Ephraim Fitts,
Tho s Follansbee,
Tho s Follansbee Jun r ,
Consider Turner,
Joseph Lombard
Samuel Reed,
Gideon Owen,
Thomas Owen,
Hatherly Foster,
Samuel Emerson,
John Campbell,
Joseph Lunt,
Thomas Sprague,
Jn Wood,
Benj Coleman,
Oliver Bisbee,
Stephen Sorvall,
Sivearns Weeks,
Jerome Loring,
Thomas Foot,
Robert Stonehouse,
Jn Clarke,
Richard Kimball,
Stephen Coombs,
John Bayley,
Joseph Sprague,
200 DOCUMENTABY HISTORY
W m C Baker, Ephraim Delano,
Luke Lombard, Zebediak Farnham
55 signers
Petition of the Masters of Vessels & als in re light-house.
Commonwealth of Massachusetts
To the Honorable Senate and House of Representatives in
General Court assembled June 1786.
The Petition of the Masters of Vessels and Others in the
County of Lincoln Humbly Sheweth That whereas the Coast
of the County of Lincoln is very Extensive and the Vessels
that belongs to Divers Ports of the Commonwealth Coining
into the North Channel from Sea in the Winter and not being
Aquainted are Often Obliged to Put to Sea and whereas the
Ports of Sheepscot River & Boothbay are Large Safe & Good
Harbours for Ships of Any Burden and the Island of Darners-
cove so Scituated as that a Lighthouse built thereon will
divert and be a Guide into Port or to Continue their Course
down East, and whereas there was two Vessels last winter
Cast away on said Island & totally Lost with some of their
Crew, which had there been a Light House built there would
in all Provibility have been Safe We therefore Pray your
Honors that a Light-house may be built on said Island & as
in duty bound will ever Pray
Ichabod Pinkham Pilot, Joseph Herinton,
Benj n McFarland - Pilot, Henry Abbot,
Joseph Gray, Sam 1 Waters Jun r ,
John Stinson, Joseph Decker,
John Murray, Alexander Arskins,
Joseph Lewis, Richard Cook,
James Reed, Aaron Abbott.
John Tucker,
OF THE STATE OF MAINE 201
Report on Part of Governor's Speech of Oct. 20, 1785.
The Committee of both Houses on the Governors speech
having taken into their consideration that part of it, which
relates to the design of some Persons in the Three Eastern
Counties of this Commonwealth, of forming the s d Counties
into a seperate & Independent State ; beg leave to report
That a Committee of both Houses be appointed, to bring
in a bill declaratory of the Allegiance which all the Inhabi-
tants of the territory of the Commonwealth of Massachusetts
Owe to the government of the same agreably A to the constitu-
tion, and descriptive of those A particulars which shall amount
to a renunciation of that allegiance; and so constructed as
most effectually to secure the Commonwealth against the ill
consequences of any B dismemberment whatever c
Which is Submitted Sam 1 Baker p r Ord r
In Senate Nov r 18, 1Y85
Read & accepted with amendments at A & B and order'd
that John Sprague & John Lowell Esq r with such as the
Hon ble House shall join, be a Committee to bring in a Bill
for the purposes herein expressed
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
at A dele "particulars" & insert Acts & proceedings B
dele from B to C & insert, attempts to dismember the same
In the House of Representatives Nov r 14, 1785
Read & concurred & M r Hitchbourn M r Thomas & M r
Dalton are joined
Nathaniel Gorham Spk r
Letters, etc. from George Billings.
The committee of both Houses to whom was commited sev-
eral letters from George Billings naval officer for the port of
202 DOCUMENTARY HISTORY
Penobscot addressed to the Attorney General, setting forth
The opposition he hath met with from several persons in the
Execution of His Office, as mentioned in said letters have
attended that service and ask leave to report the following
Resolve
Solo : Freeman P r Order
Commonwealth of Massachusetts
Resolved That George Billings Naval officer for the port
of Penobscot, be, & he hereby is directed forthwith to procure
all the legal evidence he can obtain, to prove the several facts
contained in his said letters bearing date July the 20 th Sept r
2 d & Sepf 5 th A. D. one thousand seven Hundred & eighty
five and Transmit the same to the Governor & council that
such farther proceedings may be had thereon as to the su-
preme executive of this commonwealth shall appear necessary
And it is further resolved that a collector of import &
Excise be appointed to reside in future at Majorbagwaduce,
and that the Governor be requested with the advise of Coun-
cil to appoint & commissionate a Justice of the Peace at
Majorbagwaduce having regard in said appointment to such
person as shall appear in their Opinion most likely to carry
the laws of this commonwealth into Execution
Sep* 5, 1785
Sir
Since writing the Inclosed, Information has been lodged in
my Office; that an English Vessel was loading about Ten
Mile off Tho' Night I proceeded to the place were she was
and found her a Vessel M r Lee was Concern' d in, for which
a regester was taken from the late Naval Officer previous to
the act in his Name and as his property. The Master and
Mate are new Owners. The former late an Officer of a
OF THE STATE OF MAINE 203
British man of war; the latter a Notorious Refugee and
plunderer who Commanded a privateer out of this place in
the War he is now here for the purpose of giving Intelli-
gence, if any muster shoud be made here to go after them.
He has many friends in this place and cou'd Command as-
sistance. Persuming upon this he bids defiance to the Laws
publickly. The \ 7 essel has landed one Cargo at Halifax
is now from Shelburne the freight Consign'd to M r Lee is
run and out of my way securely. The Cargo's they take are
previously Collected by M r Lee, I find myself quite Inade-
quate to the Arderous undertaking of Naval officer for this
place Surrounded by people of the foregoing discription,
who Accumulate fast from Shelburne and other British
Settlements you'll easily Conceive the situation of this East-
ern Country and the Consequences that must ensue in course
of time. From a Country which abounds with Lumber of
all Kinds and of the Best quality, are the English tho' the
Medium of their New settlements supply 8 in some measure
there West India Islands, which there is received as the pro-
duce of Novier Scotia. There is room to suppose if some
measures are not devised to hinder such proceedings By
means of Agents from Shelburne &c in Course of Time it
may amount to a supply. I am Sir with perfect Respect
Your Humble Servant
Geo: Billings
In Senate Oct r 24 1785
Read & committed to the Committee to whom was com-
mitted his Excelly's message of the 22 d inst.
Sent down for concurrence
S. Phillips f Presid 1
In the House of Representatives Oct r 24, 1785.
Read & concurred
N Gorham Speaker
204 DOCUMENTARY HISTORY
In Senate June 6, 178G.
Read & with the papers accompanying it committed to
Solomon Freeman & Richard Cranch Esq rs with such as the
Hon ble House may join
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
In the House of Representatives June 6, 1786.
Read and concurred & M r Cross M r Jarvis & M r Howe
are joined
Artemas Ward Speaker
On the 14 th of July being Informed by William M c Cobb
Esq r at Boothbay I was appointed Naval Officer for Penob-
scot as I was then bound on a Voyage and knowing the
Necessity of an Officer at Majorbigwaduce I Consigned my
business qualified myself an proceeded for that place On
my arrival here the (18th July) I found several Vessels Two
of which were British.
Upon Investagating Circumstances, I concluded one of them
a Ship (of 400 Tons) had not been enterd altho' Cargo was
then taken on Board and Goods had been landed. I thought
it my Duty to make application to the late Naval Officer
from him I had no determined answer wether the Ship had
been enterd or not. I requested to know weither he had re-
ceived a Certificate from the Deputy Collector if so weither
I might be permitted to see it. Finding no Information
cou'd be obtained form M r Hibbert I went to the Dep y Col-
lector M r Lowder and of him requested to know if the Ship
had been entered, he answer'd She had and by M r Hibbert :
I asked to see the Bonds that were passed for the Duties of
Impost. He said he did not conceive it necessary I shou'd
OF THE STATE OF MAINE 205
see them. I requested to see the Ships Manifest and was re-
fuse'd. Finding those persons disposed to conceal their pro-
ceedings. I took Suspicion that matters had been in an
oasey manner, I demanded of M r Hibbert a sight of the bonds
that all acts &c shou'd be obey'd likewise every paper belong-
ing to the Naval Office. I obtained of him a manifest (p r
Copy) signed by the Master of the Ship attested to before
M r Hibbert at which time M r H was in Boston, being the 29 th
June. I received a Certificate from him at the same time (as
p r Copy) of the same date as the Manifest From these and
other Circumstances it appeared to me the Laws had been
violated, and means had been Concerted between the Master
Consignee and Officers to Cover their illegal proceed-
ings. Their being proof of M r Hibberts being in Boston at
the time the Manifest was attested to ; and Certificate passed,
which with the Collectors declaring he shou'd not Injure any
Foreign trading to those parts. I conceived it my Duty to
seize the Ship. On my appearing allong side I was denied
admittance on Board by the Master threatning me with the
Consequences if I shou'd persume to Come on board his
people at the same time appearing in an hostile manner. I
cou'd not attempt it. But by virtue of Authorety Vested in
me order'd the Master not to get the Ship under way
which he was about to do. I Immediately went on shore to
the Store of the Consignee into which the goods were landed
Requested admittance to take the same he directly said I
should not have them run into his Store Shut the Door
against me, after which he open'd a window from which he
levell'd a Gun at me and swor he wou'd blow my brains out
if I attemp d to enter. After this I took Boat and went about
three Miles to assemble a force to Stop the Ship which by this
time they had got under way by Slipping her Cable & the
Assistance sent them by the Consignee Before I cou'd ac-
complish my design, they had got her so far to Sea as to make
206 DOCUMENTAKY HISTOEY
it Impossible to Stop them with a Boat, they proceed* 1 as I
afterwards learned to an Island in the Bay of Penobscot
from which they took wood and Water and proceeded to Sea.
The above is a True Statement of Facts which took place from
the 18 th to the 20 th July the day on which she went off.
Geo : Billings
Majabigwaduce Penobscot July 20 th 1785 The anchor and
part of the Cable still remain were they Slipt it. The Ship
arrived in this port the 24th of June, and took on Board
Cargo the third day after her arrival.
A- Manifest of Goods Ship't on Board the Ship Catherine
John Cole Master from London to Penobscot
Marks Num r Qualities By whom Shiped To whom consigned
I x I, 1 & 2 2 Chests of Tea Thomas Guillame John Lee
1 Bale, 5 Punch 8 A Brandy, 164 Barrs Iron, 3 Bundles of Steel
2 Cables 8 Coils of Cordage 50 Bags ship Bread 2 hhds Por-
ter 1 Chest Hops
John Cole
June 29 th 1785
Attested to before Joseph Hibbert Nav 1 Officer
This may Certify That I have received sufficient security
for the Dutys of Impost on the following Articles on Board
the Ship Catherine John Cole Master from S l Johns in Novier
Scotia Viz Two chest of Bohea Tea Mark" I L N 1 & 2 Con 6
732 u N. N 3. 1 Bale 6 pieces of Havens Duck 164 Barrs of
Iron q l 3 Tons, Three Bundles of German Steel Two Cables q 1
14 .. 1 .. 15 eight Coils of Cordage q 1 8 .. 2 .. 18 & 5 puncheons
of Brandy
Given under my hand at Majabigwaduce this 29th day of
June 1785. (Signed)
Jon a Lowder D rs
Collector of Import & Excise for the County of Lincoln &c.
) Exact Copys.(
OF THE STATE OF MAINE 207
Sir
As Naval Officer for this port I found it Compatable with my
Duty to Seize a Certain Ship, which I conceive was received
from me. Being Informed it is necessary to acquaint you
with the same I take the liberty to address you on the sub-
ject Inclosed is a relation of Circumstances I have en-
deavoured to be as clear therein as is in my power. It wou'd
have been more agreeable to me to have Communicated them
in person, but as I cannot leave this place I have taken this
Method. If after perusal you shou'd think I have acted with
propriety shou'd Interest yourself and seek the Damages
if Requisite I wou'd come up upon Immediate Notice. M r
Lee to whom the Ship was Consigned left his Country in war
Time and has lately been Naturalized I find great Inter-
ruption from him in the Duties of my Office his Influence
is great and was the Man and Connections known my asser-
tions wou'd need no further Support. Their is a Cap 1 Mid-
dleton, (now in this place and will be here this Two Months)
who went on board the Ship aided and assisted the Master,
in getting her under way and Piloted her to the Island were
they Wooded & Water'd This Man was 5th Lieu* on Board
Admiral Rodneys Ship in the War And is now Concerned
with M r Lee and -Two other Merch ts at Port Roseway in fitting
a Ship which I have suspicion they mean to get out of this
port without Conforming to the late Law its not in my power
to Command assistance in this Wilderness. They have al-
ready carred on english Brig from the port in a Clandestine
manner, the Register of her being deposited in my Office, this
Vessel was owned at Port Roseway and is gone without any
Regester for that port. The Revenue will be considerably
defrauded if this Ship gets away as she is intirely the prop-
erty of Foreign"
If People are disposed to Act Contrary to Law, it is out
of the Power of an Officer to prevent it in a place almost in
208 DOCUMENTARY HISTORY
a State of Nature. However I shall use every means in my
Power to prevent the ships being carried of in the Manner
the Brig was. Evedence can be obtain'd that Mr Lee's Boats
were employe'd in rescuing the Ship Their was several of
his servants assisted in getting her underway likewise suffi-
cient Evedence that Cap 1 Middleton aided ; & piloted the Ship
to the Island. The Boats and People Eeturn'd the Night fol-
lowing: It will be Impossible for an Officer to do his duty
here unless a Guard is Orderd for the port. I have confined
myself Intirely to facts, and shall be oblidg'd for your senti-
ments on the Transactions that have taken place likewise if
you think I have acted with propriety. A Trade has been
carry'd on with port Eoseway ever since the peace and their
is no doubt but the Revenue has been greatly defrauded by
inattentions. I have particularized on this Subject Know-
ing that it will be faken Notice off if addressed to you
I am Sir with perfect Respect Your Hum bl Serv 1
Geo: Billings
Majabigwaduce Penobscot Sep 1 2 d 1785
The Hon bl Rob 1 T. Paine Esq r
Petition of the Inhabitants of the Upper Plantation on the
West Side of Penobscot.
The upper Plantation on the West side of Penobscot June
6, 1786.
To the Honorable, the Senate, and the House of Representa-
tives in General Court assembled.
Your Memorialists beg leave to inform your Honors of our
scituation (and we think) our inability (at present) to pay
the tax levid upon us.
We have no title to our Lands.
209
Our farms, farming-tools, and live stock, have been greatly
injured by the late war. Lumber affords little or no cash
at all: Our fishery (this season) instead of relieving our
necessities, hath involvd us into greater Difficulties: We
have not a setl'd Minister within sixty miles, we propose im-
mediately to settle the Gospel among us, which will be ex-
tremely difficult, if our tax is demanded at present. Taking
these things into consideration; we flatter ourselves, your
Honors will consider our case, and order our tax to be post-
poned for the present. Your Memorialists, as in Duty bound,
shall ever pray.
James Bridge,
Robart Treat,
Jere b Colburn,
Elisha ISTevers,
Joshua Eayr,
his
Joseph X Page,
mark
Silas Hathorn,
Isaac freer,
Abraham freer
his
Daniel X Spencer
mark
Reuben Tourtellot,
William Colburn,
Andrew Oilman,
John Marsh,
his
Isaac X Page,
mark
his
Joseph X Jurman
mark
his
William X Eayrs
mark
his
Bangman X Lowel
mark
Ezra Davis
his
Joseph X Page Jun r
mark
Andrew Webster,
Abraham Tourtellet
Daniel Allen,
Nathaniel Tarr,
his
James X Page
mark
Jn Crosby,
Eb r Crosby,
Richard Blogdet,
Nathan Emery,
Thomas howerd,
John Emery,
John Smart,
Abner Tibbets,
George Tibbets
Daniel Camwell,
James Deming
15
210 DOCUMENTARY HISTORY
Petition of Selectmen of Pownalboro' in re Wiscasset.
Common Wealth of Massachusetts
To the Honourable the Senate and house of Representatives
June 1786-
The Petition of the Select men of the Town of Pownalboro'
Humbly Sheweth, that the port of Wiscaset in Sheepscott
River being the Principle place of Trade in the County of
Lincoln, and the Merchants Masters of Ships & other Ves-
sels are obliged to go to Boothbay to Enter & Clear the Same
which is more than fifteen miles, and obliged to Cross
Rivers and go through Woods in the worst of Roads, whereby
the whole place Labours under many disadvantages, and the
Revenues of the Common Wealth Rendered Doubtful & un-
certain, We therefore humbly pray your Honours that an
act of Court may pass makeing Wiscasset in Sheepscott River
a Naval Port, and that some Suitable person may be Chose
as Naval Officer for said Port, and we as in Duty bound will
ever pray
David Silvester Georg Lilly }- Selectmen for Pownalboro
Governor's Message June 8 th 1786.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
The Major Generals chosen for the several divisions of
Militia have respectively accepted the choice: and Com-
missions have in consequence of it been sent to them viz 1
To Major General Lincoln of the first division comprehend-
ing the County of Suffolk
To Major General Titcomb of the second division com-
prehending the County of Essex
OF THE STATE OF MAINE 211
Major General Brooks of the third division comprehending
the County of Middlesex
Major General Shepard of the fourth division comprehend-
ing the County of Hampshire.
Major General Cobb of the fifth division comprehending
the Counties of Plimouth, Barnstable, Bristol, Dukes County,
& Nantucket.
Major General Goodwin of the sixth division comprehend-
ing the Counties of York and Cumberland
Major General Warner of the seventh division comprehend-
ing the County of Worcester
Major General Lithgow of the eighth division comprehend-
ing the County of Lincoln
Major General Patterson of the ninth division comprehend-
ing the County of Berkshire
In carrying the militia laws into execution a difficulty has
occurred in regard to the electing of Officers. In those laws
no direction is given as to the time and manner of convening
the electors, of collecting votes, and of certifying to the Gov-
ernour the Officers elected : all which circumstances the Con-
stitution requires should be regulated by standing laws.
In considering this matter, Gentlemen, you will please to
consider also, whether in the new supplemental law (if you
should think proper to pass such an one) it should not be
provided, that all vacancies at the time of passing it, should
be filled up within a given time ; and all after-vacancies with-
in a given time also, after they should respectively happen?
Whether there should not be a prescribed mode of notifying
the Officers of their election ? and in cases, in which the electors
refuse, or neglect, to meet and choose their Officers at the time
assigned, whether the time and mode of notifying it to the
Governor should not be ascertained, that, as soon as may be
after the notification, he may appoint such Officers pursuant
to the Constitution ?
DOCUMENTAKY HISTORY
And if in any town, there should be a regiment or com-
panies destitute of Officers should it not be made the duty of
the Selectman of such town, on the requisition of the Major
General, to notify the qualified electors to meet and elect
their Officers; and in all respects proceed in that business
according to law.
Would it not be proper also, that beside laws for regulating
the militia in a time of tranquility, there should be formed a
well digested body of martial law : to which recurrence may
be had in any future exigency ?
I have had a letter from the Major General of the first
division upon the subject of the militia laws, which will be
communicated to you
James Bowdoin
Council Chamber, June 8 th 1786.
Where bound Amount
Stephen Smith Light Money Return; Machias.
Return of Light Money collected at Naval Office Machias
from Dec r 10 th " to June 10 th 1Y86
Date Name TonsMaster's Name
1785
Dec 17 Ship Elizabeth
25 Sloop Polly
1786
Jan* 2 Sch. Reward
May 1 Sch Betsey
Sloop Thomas
19 Sloop Katy
June 8 SchHibernia
Duty on Registers
2 Registers 2/ )
1 Charterparty 3/ j
200
Eben r Alew d
West Indies 1
..13.
. 4
30
Jesse Noble
Rhode Isl d
.. 5
60
Will Widgery
West Indies
..10
60
Tho s Jones
S* Eustatia
..10
65
Thomas Adams
West Indies
..10.
.10
70
Nathan Poor
New York
..11
8
70
Joseph Obrien
West Indies
..11
8
Collected
4
12
6
.. 5.
4
17
6
Commissions for Collect 8
2
6
Machias June 10 th 1T86
True Return
4 15
Stephen Smith Naval Officer
OF THE STATE OF MAINE
213
An Abstract of Naval Office fees from July 28 th (the time
directions were rec d for keeping an Acco* of the same) to June
10 th 1786
1785
Date
Aug 1 1
20
Sep 1
Oct r
Nov'
Dec r
5
12
19
10
Mar: 28
April
May
19
27
June 3
8
Vessell' s Name
Sloop 2 Friends
Ship Cincinnatus
Sloop Falcon
Sloop Magog
Brig 1 Hannah
Scho. Nancy
Master's Name
William Parry
Jonathan Young
Dominions Hovey
John Dillano
Peter Dousett
William Powell
Brig* Olive branch Samuel Tibbets
Sloop 2 Friends William Parry
Sch. Dove
Sloop Nancy
Sch. Olive branch
Sch. Hibernia
Sch. Lucy
Sch Hibernia
Ship Elizabeth
Sloop Scarboro'
Sloop Dispatch
Sloop Polly
Sch Reward
Sch Resolution
Sch. Dolphin
Sloop Fanny
Sloop Sylvania
Sch. Reward
Sch Betsey
Sloop Sylvania
Sloop Katy
Sloop Thomas
Sloop Sally
Scho. Hibernia
William Shannon
William Smith
Israel Jordan
Joseph Obrien
Elisha Rich
Joseph Obrien
Ebenezer Attwod
Phillip Cranole
PhillipCrandellJun'
J esse Noble
William Widgery
John M c Guyer
Rob 1 Barton
Tho 8 Archibald
John Tylar
Daniel Drinkwater
Thomas Jones
John Tylar
Nath 1 Poor
Thomas Adams
John Holland
Joseph Obrien
Amount
. 4
.13.. 6
. 8
. 6
3 6
.12
. 9
. 4
. 4
.15
. 4
. 4
. 4
. 4
.13
. 8..
. 8
.10
.10
. 6
. 4
. 4
. 4
. 8
.14
. 3 8
. 7
.12 8
. 5
.12
. 4.. 4
Machias June 10 th 1786
Stephen Smith
12
N: Officer
214 DOCUMENTARY HISTORY
Petition of Paul Reed of Boothbay.
In Senate June 1786
The Committee of both Houses appointed on the Petition
of Paul Reed have attended that Service and ask Leave to
report as their Opinion that the Petitioner have Leave to
withdraw his Petition which is humbly Submitted
David Sexton p r Order
In Senate June 14 th 1786.
Read and accepted
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
In the House of Representatives June 15, 1786
Read and concurred
Artemas Ward Speak r
To the honorable the Senate and House of Representatives
for the Commonwealth of Massachusetts in General
Court assembled,
the petition of Paul Reed of Boothbay in the County of
Lincoln, humbly sheweth, that in the year of our Lord
1781, your petitioner was on a cruize in a small privateer
against the enemies of the United States, in penobscot bay
boarded a Schooner commanded by one Robert Douglas, a
british subject, who produced papers, certifying him to be
owner of said Schooner, mean time your petitioner was chased
by a british Ship and drove on Shore : said Ship took the said
Schooner and delivered her to said Douglas; and some time
afterwards, said Schooner was captured by an American
privateer, and carried into Sheepscut river, & was libeled and
tried before maritime Court, Eastern District, said Douglas
& him only laid in a claim to said Schooner, but to no effect.
OF THE STATE OF MAINE 215
She was condemned to be a lawfull prize to the Captors.
Afterwards your petitioner was prosecuted by one Billings
Putnam of ISTewburyport for this same Schooner, said action
was continued several Courts, and at length refered to a rule,
and the said rule sat & judged upon the matter, when your
petitioner was on a voyage to a foreign Country, and could not
attend on the rule, and was disappointed of an attorney to at-
tend in his name, notwithstanding the Rule went on, and
awarded your petitioner to pay a large sum of money, without
any hearing on the side of your petitioner wherefore your
petitioner is of opinion that he has suffered great injury and
injustice Therefore your petitioner humbly prays your
Honors would take the matter into your wise consideration
& order that Judgment to be set aside, so that your petitioner
may have a fair tryal in law, and your petitioner as in duty
bound shall ever pray
Paul Reed
Commonwealth of Massachusetts
In the House of Representatives March 17 th 1786
Upon the petition of Paul Reed of Boothbay, shewing that
in the year 1781, he took a Schooner, commanded by one
Robert Douglas, for which he was prosecuted by one Billings
Putnam, in which prosecution he lost his law and prays for
a rehearing
Resolved, that the said Paul Reed notify the said Billings
Putnam to shew cause, if any he has, on the second Wednes-
day of the first session of the General Court, why the prayer
of said petition should not be granted, by causing the said
Billings Putnam to be served with an attested copy of the
said petition, and this order thereon, at least fourteen days
before the said second Wednesday ; and that Execution against
said Paul Reed, be stayed in the meantime
Sent up for concurrence
A Ward Speaker
216 DOCUMENTARY HISTORY
In Senate March 24 th 1786
Read and Concurred
Sam 1 Phillips Presid*
Approved James Bowdoin
A true copy
Attest John Avery jun r Sec y
Secretarys fees 3/c
Essex May 20 th 1786
I have Notifyed the within named Billings Putnam by
Leaveing an attested the within Petition and order of the
General Court thereon at his the said Putnams Last and
usual Place of Abode
William Ingalls Dept y Sheriff
I the subscriber do certify that I am well knowing that at
the Time a Judgment was Recovered by Billings Putnam
against Paul Reed s d Reed was on a voyage to s 1 Peeters New-
found Land I further Certify that I Saw a Letter Derected to
s d Reed from General Tetcomb of New bary port who I un-
derstood was Chareman of the Rule the purport of which
was that when Ever he the s d Reed Could find it convenant
for him to attend at s d Newbaryport they ware Redy to Set
on the matter which Letter I Saw Just before Reed Sailed,
& he Suposed the matter would have been posponed untill he
Returned which provided that it be Canvassed with Cap*
Flatcher upon his return on my Jurney from the East-
ward talking with others of s d Rule said Flatcher told me
he was then & seuce uneasey about the matter, as thay
ware pressed by Putnom to set & Return there Award before
the Cort and they ware oblidged to act without any evidence
on Reeds part, and he suposed that if Reed had been present
OF THE STATE OF MAINE 217
Even without any Evidence but his own story it might have
altred there Verdicts Very metearly. I am prety will
aquainted with & sumwhat knowing to the Facts set forth in
s d Reeds petition
W m M c Cobb
I Thomas Cooper of Lawful Age do Testify and say, that
some time in the year One Thousand seven Hundred and
Eighty one, I being a hand on board the Skooner Ann, Robert
Fox Island, the said Douglass told to me, that he had a Pass
Fox Island, the said Duglas told to me, that he had a Pass
from Cap 1 Henry Mowit of Major Bagwayduce I likewise
saw a bill of Sail of the said Skooner, which the said Duglass
had of Billings Putnam of Newbury Port, likewise the said
Duglass told me that his Pass would not lett him go any
further then Owls Head Westward, the said Duglass told to
me that he bought the Skooner Ann of Billings Putnam of
Newbury Port, as a sham in Order to carry on Fishing, and to
prevent the said Skooner from being taken by either side, the
said Skooner was taken by Paul Reed on the Fishing ground
And further sayeth not
Thomas Cooper
Lincoln ss. Fox Island June 1 th 1786, Then personally ap-
peared the above named Thomas Cooper and after being care-
fully examined and cautioned to tell the whole truth and noth-
ing but the truth, made Oath to the above declaration, by him
subscribed, taken at the Request of Paul Reed of Boothbay
taken before me
W m Vinal Jus 1 Pacis
Superscribed: To the Honourable General Court at
Boston
Deposition of Thos Cooper June 1 1786
218 DOCUMENTARY HISTORY
Commonwealth of Massachusetts
In the House of Representatives March 17 th 1786.
Upon the petition of Paul Reed of Boothbay shewing that
in the year 1781 he took a Schooner commanded by one Rob 1
Douglass for which he was prosecuted by one Billings Put-
num in which prosecution he lost his law & prays for a re-
hearing
Resolved that the said Paul Reed notify the said Billings
Putnum to shew Cause if any he has) A why the prayer of
said Petition should not be granted, by causing the said Bill-
ings Putnum to be served with B a Copy of the said Petition
& this order thereon at least fourteen days before the c second
Wednesday D of the seting of the next General Court E and
that Execution against said Paul Reed be stayed in the mean-
time.
Sent up fbr concurrence
A Ward Speaker
In Senate March 24 th 1786
Read and concurred with amendments at A, B, C, D.
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
At A insert, on the second Wednesday of the first session
of the next general Court At B dele a and insert an attested
C insert said D dele from D to E
In the House of Representatives March 24, 1786
Read and concurred
A Ward Speaker
Approved James Bowdoin
Essex Ss Commonwealth of Massachusetts
At the Supreme Judicial Court of the Commonwealth of
Massachusetts begun & held at Ipswich within and for the
219
County of Essex on the third Tuesday June (being the fif-
teenth Day of said month) Anno Domini 1784
Billings Putnam Ap l vs Paul Reed
The Parties agree to refer this Action to Gen 1 Titcomb
Moses Frazier Esq r and Cap 1 John Fletcher the report of
whom or any two of whom to be made as soon as may be and
judgment thereon to be final & execution to issue accordingly
& if either party shall neglect on due notice to appear between
this & next Term; then on the next reasonable Notice the
referees to proceed ex parte
Att Cha 8 Gushing Cler
New bury Port 8 June 85
We the Subscribers being appointed Referees as above-
mentioned in the Action of Billings Putnam ag 8 ' Paul Reed
after having given the Parties due Notice of the time fixed
for our attendance on the same and upon examining the
papers and accounts &c which are Laid before us find that
there is due to Said Putnam Ap 1 from said Reed the Sum of
120 & report that said Putnam is Justly intitled against s d
Reed to the said 120 with cost of suit &c Cost of Refer-
ence & Postage 3
Jon a Titcomb, John Fletcher, Moses Frazier
Essex Ss June Term at Ipswich 1785
Report read and accepted and Judgment according to the
Report
Jn Tucker, Cler
A True Copy Att Cha 8 Gushing Cler.
To the Honourable the Senate and House of Representatives,
of the Commonwealth of Massachusetts in General Court
assembled
Humbly shews Billings Putnam of Newbury Port in the
County of Essex, in answer to the Petition of Paul Reed of
220 DOCUMENTARY HISTORY
Booth Bay in the County of Lincoln, praying to set aside a
Judgment recovered by your Respondent, and to be admitted
to a trial at law of the action, in which the said judgment was
rendered: that the said judgment ought not to be set aside,
because, after the action had been pending some time from
the delays of the said Paul, the Parties agreed to refer the
determination thereof, by a Rule of Court, to impartial men
chosen by the parties That your Respondent was appre-
hensive, that the said Paul would further delay the decision
of the cause, by refusing to appear before the Referees, and
to prevent which, it was agreed by the parties, that if either
of them refused to appear upon reasonable notice, the Referees
might proceed ex parte That the Referees gave repeated
notice to the said Paul to attend, and to give time even to the
most dilatory person, deferred making their report for a year
that thereupon the said Paul wrote them his defence, and
sent them all the evidence his cause would admit of, and told
them in his letter, that he did not conceive his presence neces-
sary, and submitted the cause to them upon his written de-
fence, and the evidence sent them That your Respondent
had no council to assist him, and only laid his evidence before
the Referees who thereupon made their report If it was
fit to go into the merits of the cause, your Respondent has no
doubt but he could shew your Honours, that the Referees de-
termined justly That he was the owner of the Vessell, that
she was employed in fishing, and that one Beal was the
skipper, and Douglas had no concern in her What became
of her, after the said Paul had unjustly wrested her from
him, he knows not, but this he knows, that he has wholly lost
her Of these matters he does not go into the consideration
as he is advised, that your Honours do not enquire into the
merits of the cause, but whether the Petitioner has been de-
prived of the Benefits of the law, without any neglect of his
own Your respondent humbly conceives, that the said Paul
OF THE STATE OF MAINE 221
has been heard before the Referees as fully as if he had been
personally present, and that his being absent was owing
wholly to his own neglect, which ought not to prejudice your
respondent The said Paul had expressly agreed, that if he
did not attend upon notice, the Referees should proceed ex
parte, and that judgment should be final on their report
Upon this state of facts, which your respondent is ready to
verify by the records of Court, and the affidavits of the
Referees, one of which (General Titcomb) has a seat in the
House of Representatives, your Respondent prays that the
said Paul may be held to his agreement, that his Petition may
be dismissed, that your Respondent may not again be com-
pelled to go thro' a cause of law to establish his right, at a
great expence to himself, and to the delay of Justice And
your Respondent as in duty bound shall ever pray
Billing Putnam
June 5 th 1786
I Thomas Beverage of Lawful Age do Testify and say, that
some time in the year one Thousand seven Hundred and
Eighty one, That Robert Duglass Then an Inhabitant of Fox
Island, Procured a Pass of Cap* Henry Mowit in my Presents,
for Fishing and was restrickted in the said Pass from carry-
ing his Fish into any American Port, The said Duglass told
to me that he Bought the Skooner Ann Burdend about Thirty
Tons, of Billings Putnam of Newbury Port The said Duglass
told to me, that he had a bill of sail from the said Putnam,
of the said Skooner, for the Purpose of Securing the Skooner,
against the Enemies of the United States, as he was a great
Favourite of the Britains, likewise he said that their was a
Verbal agreement betwixt him & the said Putnam, that if she
should run safe untill the fall of the Year, the said Putnam
would put on Board the said Skooner, one Hundred Pounds
222 DOCUMENTARY HISTORY
worth of Goods for the said Douglass to tray'd upon, within
the British Lines, he likewise said that Putnam had been a
trying some time to get a man that he could trust, that lived
within the British Liner so that he mite open a trayd this
way And further saith not
Tho s Beverage
Lincoln Ss. Fox Island June 1 th 1786. Then Personally
appeared the above named, Tho s Beverage and after being
carefully examined and cautioned to till the whole truth and
nothing but the truth, made Oath to the above declaration by
him subscribed, taken at the Request of Paul Reed of Booth-
bay taken before me
W m Vinal Jus Pacis.
Johnson Moultons Ace* Sheff of York.
May it please your honors
The Treasurer begs leave to lay before the Hon ble House of
Representatives the account of Execusion issued against de-
linquent Collectors in the County of York committed to John-
son Moulton Esq r Sheriff of said County By which it appears
that the Sum of Nine thousand four hundred & forty two
pounds six shillings & two pence, remains due on Executions
in the hand of the said Sheriff
Thomas Ivers Treas r
Treasury Office 15 th June 1786
The Hon a the House of Representatives
May it please your Honors
The Treasurer begs leave to Represent that Johnson Moul-
ton Esq r Sheriff of the County of York has Adjusted his ac-
count of Executions against Delinquent Collectors of Taxes
223
in the said County. By which it appears that the sum .of
Four hundred & eighteen pounds ten shillings & six pence re-
mains due from him for the balance of Executions return'd
satisfied, And the sum 'of Ten Thousand Four hundred &
fifty three pounds three shill 8 & seven pence half penny re-
mains due on Executions agreeable to the List herewith
Inclosed
Thomas Ivers Treas r
Commonwealth of Massachusetts Treasury office 8 February
1786.
Due from Johnson Moulton Esq r 418.10.6 Due on
Executions p r list 10453 3 7^ Total 10861 . 14 . li/ 2
The Hon a House of Representatives
List of Executions unsettled by Johnson Moulton Esq r
Sherriff of York County.
Collectors Names Towns
New Emission Tax 1781
Daniel Emery York 56 17 2l/ 2
Jacob Whittier Berwick 65 2 8~y 2
Joseph Lea vitt Buxton 87 10 6
John Sayward 'Sandford 26 14 7
Alexander Grant Coxhall 145 2
Thomas Perkins Arundell 64 1
Nath 1 Gould Wells 174 3 5
Abraham Annis d 190 15 1
Joseph Chadburne Littlefalls 53 2
Thomas Durrell Arundell 409
Obediah Hatch Wells 143 16 5
Noah Parker Kittery 34 11 5
. 1045 15 3
October 1781 Tax
Daniel Emery York 73 17 5
Noah Parker Kittery 46 14 11
224
DOCUMENTARY HISTORY
John Grant
Thomas Perkins
Joseph Leavitt
John Sayward
Obediah Hatch
Thomas Durrell
Abraham Annis
Nath 1 Gould
Dodivah Bickford
Joseph Chadburne
Alexander Grant
William Durgen
On Class Tax
Moses Hodgdon
Mark Barker
Jonathan Tibbets
Benjamin Hodgden
on Beef Tax
Berwick
96
6
5
Arundell
161
3
7
Buxton
76
4
3
Sandford
61
10
4
Wells
159
6
4
Arundell
190
15
5
Wells
173
6
7
d
28
12
10
Biddeford
49
10
10
Littlefalls
107
4
1
Coxhall
180
Limerick
44
11
2
1449
4
2
Berwick
74
1
8
Arrundell
74
1
8
Sandford
21
11
8
Berwick
118
3
4
287
18
4
Lebanon
170
14
8
Massabesec
107
14
8
Biddeford
130
Littlefalls
52
4
Arundell
265
12
9
Berwick
155
6
Buxton
282
5
Limerick
29
15
Coxhall
92
17
4
Brownfield
29
15
Sandford
97
10
Pepperellborough
228
18
Kittery
167
13
1810
OF THE STATE OF MAINE 225
on Continental 1ST 1
Samuel Clark York 99 8 4
Noah Staples Kittery 44 16 4
William Jefferds Wells 82 18 1
Governor's Message June 19, 1786.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
By a Letter from James Avery Esq r our Excise Officer at
Machias to the Secretary, dated at Majabagaduce, of the 31 st
of May, and which accompanies this Message, it appears, that
in each Bastion of the Fort, which the British Troops built
upon that land, there were Arches and apartments of great
thickness, and Bomb-proof, in which there cannot be less than
four or five hundred thousand of Bricks: That one M r Per-
kins is now pulling down those Arches, and selling the Bricks
to the inhabitants as his property, as being on land belonging
to him by possession : That this proceedure must be an injury
to the public, as he conceives those Arches, and the whole re-
mains of the Fort, are in fact the property of the Common-
wealth, upon whose land the Fort was built: And that the
Bricks, if properly taken care of, would be of considerable
value to the Government. If this should be your Opinion,
Gentlemen, the measures, necessary to be taken to secure them
for the use of the Government, cannot be too expeditious
James Bowdoin
Council Chamber, June 19 th 1786
Bill Empowering y e Sessions to Lay out roads through
Plantations.
Commonwealth of Massachusetts in the year of our Lord 1786
An Act to empower the courts of Sessions in this Common-
wealth to lay out roads through Plantations
16
226 DOCUMENTARY HISTOEY
Whereas there is no Law making provision for opening and
maintaining of Roads in, and thro Plantations, within this
Commonwealth, Be it therefore enacted by the Senate and
House of Representatives in General Court assembled, and
by the authority of the same, That the Courts of General
Sessions of the Peace within the respective Counties of this
Commonwealth where such Plantations lie, be, and they here-
by are authorized and impowered, upon application to them
made by the inhabitants of such Plantations, or the major
part of said inhabitants, to cause such Road, or Roads to be
laid out, in such manner as may be most beneficial to the
Public, and least prejudicial to private property. The
charges of which shall be borne by the County in which said
Road or Roads are laid. And the costs of opening and re-
pairing said Roads, when so laid out, and accepted by the
Court of Sessions ordering the same, shall be borne by the
Plantation or Plantations thro' which said Roads are laid out.
and shall be assessed in due .proportion- upon the polls and
estates of the inhabitants, and on the lands in said Plantation,
or Plantations respectively, where the costs of opening and
repairing said Roads may arise. And shall be collected and
paid into the treasury, or treasuries of such Plantation, or
Plantations respectively, for the purpose of defraying the
charges aforesaid, in the same way and manner, as other as-
sessments are made and collected, until said Plantation, or
Plantations shall be incorporated. And the Plantations thro
which said Road, or Roads are laid out and accepted in man-
ner as aforesaid, shall be liable to be presented by the Grand
Jury of the County in which they lay, for not opening & re-
pairing said Road, or Roads, as they would be if incorporated
into towns
In the House of Representatives June 24, 1786.
This Bill having had three several Readings passed to be
Engrossed
Sent up for concurrence
A Ward Speaker.
OF THE STATE OF MAINE 227
Petition Selectmen of Falmouth.
To the Honorable Senate and the Honorable House of Repre-
sentatives of the Commonwealth of Massachusetts in
General Court assembled
The Petition of the Selectmen of the Town of Falmouth
in the County of Cumberland in said Commonwealth
humbly shews
That, about eight months since, the lower Bridge upon
Presumpscot River in said Falmouth was with several other
Bridges in said Town carried away by an uncommon Freshet
- That the Inhabitants of said Town at the Expence of more
than Six hundred Pounds have repaired all but the first men-
tioned Bridge several of which were again greatly injured
by another very high Freshet the last Spring That a Bridge
near where the lower Bridge aforesaid stood is very much
wanted not only for the accommodation of the Inhabitants of
said Town but of all the Towns through which the County
Road passes and for all Persons who travell to the Eastward
That the said Town of Falmouth are burthened with the ex-
pence of maintaining four other large Bridges over Presump-
scott River the least of which is two hundred and thirty seven
feet in length and one over Stoutwater River which is
three hundred & ninety feet long, besides five Bridges over
Piscataqua River of one hundred & thirty feet in length each
and a number of smaller Bridges which in the whole oc-
casions a very considerable Expence. That every Town in
the County aforesaid except the Towns of Gorham and Stand-
ish is greatly benefited by one or others of these Bridges
and some much more than the said Town of Falmouth itself.
- That this Town is utterly unable at its own Expence to re-
build the Bridge first abovementioned and that in the Opinion
of your Petitioners it ought to be built and maintained by the
several Towns in the County excepting the s d two Towns of
228 DOCUMENTARY HISTORY
Gorham and Standish They therefore pray that your
Honors would impower & direct the Court of General Sessions
of the Peace for s d County to cause a Bridge to be built in the
most convenient place over the lower part of the River afore-
said and to raise such a Sum upon the Towns aforesaid
viz the several Towns in the said County, excepting as afore-
said as shall be necessary to compleat the same or make
such other provision for building of said Bridge as your
Honors shall judge best And as in duty bound will pray
Nath 1 Carll, James Frost
Falmouth June 15, 1786.
Note The Bridge aforesaid was original built by Lottery
and Application was not long since made to a former Gen-
eral Court to repair it in the same way but the Court judged
it inexpedient to comply with this Request.
Common Wealth of Massachusetts
In the House of Representatives June 29 th 1786.
On the Petition of the Selectmen of the town of Falmouth
in the County of Cumberland, praying that a Bridge may be
built Over the lower part of Pesumpscot River in said Fal-
mouth, at the expence of said County
Ordered, that the Petitioners notify the several Towns, in
said County, by publishing said Petition, with their Order
thereon in the Falmouth Gazette, three Weeks successively,
before the second Wednesday of the next Session of the Gen-
eral Court, then to shew Cause if any they have, why the
Prayer of said Petition, should not be Granted
Sent up for concurrence
Artemas Ward, Speaker.
OF THE STATE OF MAINE 229
List of Towns which have not Returned an ac of their assess-
ments of N 5 Tax granted 1786.
List of towns that have not made returns of their assess-
ment of N" 5 tax, granted Mar. 1786.
County of Middlesex, Maiden 806 .. 5 County of Hamp-
shire, Charlemont 274 .. 14 .. 9 Ludlow, short returned
10 .. .. of Plantation oST 7 121 .. 11 .. 3 Total 406 .. 6
County of Barnstable, Sandwich 1143.. 17.. 6 Eastham
622.. 0.. 6 Provincetown 114.. 13.. 9 Total 1880.. 11 ..9
County of Bristol Dartmouth 4628 .. 19 .. 6 County of
York, Wells 1697.. 8 Massabesec 225 .. Brownfield
90.. Littlefalls 180.. .. , Little Ossipee 197.. 10
Washington plantation 105 .. 18 .. 9 Francisboro' plantation
105.. 12.. 6 Total 2601.. 9.. 3 County of Nantucket,
Sherburne 2124.. 11 County of Cumberland, Windham
502.10 Gray 219.. 1.. 3 Koyalsborough 210....-
Raymonstown 97 . 10 . . 10 Bakerstown 160 . . 12 . . 6 Bridge-
town 127 . 3 . 9 Shepardstown 123 . 15 Otisfield plantation
90 .. .. Total 1530 . . 13 . . 4 County of Lincoln, George-
town 837 . . 5 - S 1 Georges 262 . 3 . 9 Walpole 195 . 12 . 6
Wales 96 . 5 Canaan 170. . 18 . 9 Meduncook 175 . 18 .
9 Norridgewock 116.5 Sterlington 65 .. . . Belfast
78.8.9 Machias 302.. 10..- Cambden 98.. 2.. 6 Han-
cock 159.7.6 Mount Desert planta n 228 . 15 Plantation
N 1 East of Penobscot 101 .. 5 Ditto N 2 ditto 105 . 12 . 6
ditto N 3 ditto 342 . 3 . 9 ditto N 4 ditto 180 . 12 . 6 ditto N
5 ditto 155 . 18 . 9 ditto N 6 ditto 155 . 18 . 9 Plantation N
1 East of Union River 185 .18.9 ditto N 2 ditto 169 .13.9
ditto N 3 ditto 121.11.3 ditto N 4 ditto 72.10 ditto
N 5 ditto 152 . 3 . 9 ditto N 6 ditto 118 . 2 . 6 Plantation N
22 East of Union River 61 .. 5 Plantation on the West side
of Penobscot River from Belfast, so far up the river as to
include the Widow Wheelers Mills 158 .. 15 .. Plantation on
230 DOCUMENTARY HISTOEY
y e west side of Penobscot River, from Widow Wheelers Mills,
up the river 133 . 8 . 9 Deer Island plantation in penobscot
Bay 331 .. 17 .. 6 Fox Island plantation 191 . 17 . 6 Penobscot
Lond Island 117.. 16.. 8 Total 5643.4.2 County of Berk-
shire, Williamstown short return'd 29.. 15 Partridgefield
457.0.3 Total 486 .. 15 .. 3 Grand Total 20, 108 .. 15 .. 3
Treasury Office July 3 d 1787
Attest Alex r Hodgdon Treas r
Governors Message July 1 , 1786.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
The last evening by M r Henry Thaxter I received a letter
from Stephen Jones and James Avery Esq ra . dated at
Machias the 29 th of June. They mention in it, that by
letters from Colonel Allan and M r Delesdernier (a copy of
which was enclosed) they are informed of a most daring in-
sult upon the dignity of the Commonwealth and the United
States, committed on the 26 th of that month by the civil and
custom house Officers of the British Province of New Bruns-
wick, in seizing two vessels, the property of the Citizens of
this Commonwealth, and within the acknowledged Jurisdic-
tion of it. Colonel Allan's letter, dated at Dudley Island the
27 th June mentions, that the Acts of New Brunswick, which
are now published, extends the Western boundary of Charlotte
County to the western shore of Passamaquoddy Bay ; that the
seventh Parish, called the West Isles, include Moose, Dudley,
and Frederick Islands expressly; and consequently that the
United States are wholly debarred from all navigation in &
into that Bay.
By enquiry of M r Thaxter I find the two vessels were
seized, as they lay at anchor near the Western shore, of the
OF THE STATE OF MAINE 231
West Passage into Passamaquoddy. This conduct corre-
sponds to those acts, and both together shew a disposition to
exclude us from the navigation of that Bay ; and at the same
time must be considered as a violation of the definitive Treaty
of Peace between the United States and Great Britain
I have lately received depositions from M r Avery above-
mentioned, dated the 12 th of May at Moose Island, concern-
ing the conduct of Sheriff Weir, an Officer of New Bruns-
wick : which have been obtained in consequence of a Resolve
of the General Court passed at the last Session. These with
the letters above referred to, will be laid before you, Gentle-
men, for your information, and determination concerning the
subject of them.
James Bowdoin
Council Chamber July 7 th , 1786.
William Webb's Acct as Naval Officer of Bath.
An Account of all the Money Received by W m Webb ISTav 1
Officer for the Port of Bath, since the 18 th day of July 1785
(w h was the day he Enter'd upon the Business) to the 18 th
July 1786 Viz*
For Entries & clearances & c & 48 . 16 . 2
For Registers (Sec' ry fees included) 7.. .. 55 .. 16 .. 2
For Duties on D .. 19 ..
For light Money 29 .. 19 .. 8 30.. 18.. 8
86.. 14.. 10
Treasurer's Office to W m Webb D r
To Cash p d Tho 8 Ivers Esq r as p r Rec* (- 9.0.0
Nov r 7 th 1785
To D p d Ditto as p r Rec 1 } 9.0.0
April 10 th 1786
To D I shall enclose with this Ace 1 12.18.8
30..18..8
232 DOCUMENTARY HISTORY
Rich'd Trevett Esq rs Office fees County York.
Naval-Office Port of York }- Commonwealth of Massachusetts
A true account of office Fees by me rec d between the 21 st
of April & the 20 th of July 1786
1786, April 27 th Schooner Two-friends, Jeffery Mushemore
Master, a yearly Pass a fishing and Indorsing Register [
7 , May 1 st Sloops Speedwell, Thomas Harmon Mas-
ter Clearence for the West Indies 10/ Certificate for Light
money \/\ 11 , May 5 th Sloop Abigal, Zebulon Harmon
jun r from New York \ 4 , May 6 th Schooner Fancy,
John Harmon jun r Master, Clearence for the West Indies
10/ Certificate for Light Money \/\ 11 , May 6 th Sloop
Active, Geo : Thompson Master from Philadelphia 4/ Permit
to unload I/ Certificate to Cancel Bond 1/6}- 6 6, 16 th
Schooner Industery* Sam 1 Baker master a yearly Pass a fish-
ing Vessell 6/ Indorsing Register, !/[ 7 , 17 th Sloop
Tryal, Isaac Pope, Master, Register 4/ (Exclusive of Secre-
tary's fee) a yearly Pass, a Coaster Q/[ 10 19 th Sloop
Abigal, Zebulon Harmon jun r Master a yearly Pass a Coaster
6/ Certificate for Light money !/[ 7 , 20 th Jeremiah
Weare jun r Master Sloop Aurora, a Register 4/ a yearly Pass
6/ a Coaster [ 10 , 20 th Sloop Ranger, Rich d Littlefield
Master, a yearly Pass 6/ Indorsed Rigister I/ Certificate for
Light money !/} 8 , 22 d William Seeward, Master of
Boat Seaflower a Coaster a yearly Pass 6 , 22 d Schooner
Union, Sam 1 Winn master, for West Indies 10/ Certificate
for Light Money l/\ 11 , 26 th Schooner Polly, Sam 1
Lindsey master, a Register 4/ a yearly pass a fishing Vessell
Q/\- 10 , June 3 d William Seeward in Boat Seaflower
from Boston Report } - 6, 8 th Schooner Lively, Henry
Mushemore Master, a yearly Pass a fishing Vessell 6/a Cer-
tificate for Light money !/[ 7-- 20 th Schooner Two-
friends, William Grow junr a Short Clearence a trip a
OF THE STATE OF MAINE 233
Mackril Catching [ 2 , 23 d William Seeward in Boat
Seaflower from Boston Report [ 6, 26 th Schooner Julias
Ceasor, Shadrach Bell, a Register 4/ a Short Cleeraiice a
Mackril Cetching 2/j- 6 , 26 th Schooner Seaflower, Wil-
liam Welch master, a Register 4/ a yearly Pass a fishing
Vessell 6/j 10 , July 5 th Sloop Speedwell, Thomas Har-
mon Master from S l Eustatia & permit to unload } 11 ,
7 th Sloop Seaflower, Zebulon Harmon Master, a yearly Pass
6/ & Certificate for Light money 7 , July 8 th Schooner
Fancy, John Harmon jun r Master from S l Martins & permit
to unload } 11 , 8 th William Seaflower, in Boat Sea-
flower, from Boston report 6, 13 th Boat or Schooner
Sally, Edw d Low for Piscataqua Coast Wise 2 6
Total 8 .. 6 .. 6
This Contains a just & true account of all the Fees I have
Received up to the 20 th of July 1786 to the best of my
Knowledge, Since the Last return
Attest Rich d Trevett
Naval officer for the Port of York
York Ss Aug* 30 th 1786 Then Richard Trivett aforesaid
made Oath that the foregoing Account of fees by him Re-
ceived in the Naval office is the Whole amount of them, with-
in the Term in the same account mentioned, Before me
David Sewall Ju s Peace.
Petition of Nathaniel Low.
To The Honorable the Senate of the State of the Massa-
chusetts and to the House of Representatives in General
Court Assembled
The Petition of Nathaniel Low of Winslow in the County
of Lincoln Humbly Sheweth
234 DOCUMENTARY HISTORY
That where as your Petitioner was Chosen Constable and
Collector of Taxes in the Town of Winslow for the year 1780
and their was three Taxes Delivered to him to Collect two
paper money Taxes and one hard money and in those bills
their was Sundrey lots of land belonging to nonresident Pro-
prietors and no Person appearing to Pay Said Taxes your
Petitioner applied to M r Gill to advertize Said lots accord-
ing to his warrant and as your Petitioner was alltogether un-
acquainted in the matter he carryed all his lists and layed
them Down before M r Gill and Desired him to advertise
them in his paper according to the Tax act and M r Gill took
them and advertised them in his paper to be Sold the tenth
Day of December then next at the house of Joseph Carter in
Winslow and your Petitioner Notified in Winslow according
to his warrant and attended the time of Sale but the wether
promesing very stormey no Person appeared to Purches and
as the Season was and the river about Shuting up your Peti-
tioner thought if he did not adjourn for some time he should
loose the advertising and he adjourned to the 28 Day Jan-
uary then next and then within three Days Sold all the land
advertised which he had Notified in Winslow the Second
time: But M r Gill made Some mistake in advertising Said
lots and Did not Put the Number Just as the assessors Did
thair was 2400 acors marked Al A2 Taxed 15/6 hard money
and 110 paper money: and M r Gill in his Advertisement
Put it 2400 acors marked B 2 15/6 hard money and 100
paper money now your Petitioner struck of A 1 A 2 to one
James Huston who Paid the taxes and Intervening Charges
and has Since that time Paid three Taxes more for Said land
and is now Taxed in two more and no Person has ever tendered
him any money for Said Taxes but at September court 1785
William Tayler Esq of Milton brought an action of Reject-
ment against Said Huston for Said land and at the Superiour
Court at Pownalborough in July last said Huston lost his
OF THE STATE OF MAINE 235
Case because of that Small Mistake in the Advertisement tho
the Sum of the tax and the Number of acors was rite which
is all Required in the Tax act and your Petitioner being but a
Country farmer and not understanding these things Did not
See their was any mistake and now said Huston has brought
his action of Damages against your Petitioner which if it
should go against him will Ruin him he therefore prays your
Honours to take it into your wise consideration and if you
shall in your Great Wisdom and Goodness see meet to allow
said advertisement to be Good and order Execution to be
stayed against said Huston and he be allowed liberty to Re-
vew his action at the next Superiour at Pownalborough it will
Releive Petitioner and he as in duty bound Shall ever pray
Nathaniel Low.
Winslow September the 29 : 1786
Petition of Bridgetown Plantation.
Commonwealth of Massachusetts October 1786 \
To the Hon ble the Senate and the House of Representatives
of the Common Wealth aforesaid in General Court
assembled
The inhabitants of the Plantation of Bridgeton humbly
shew that whereas in time past they have repeatedly Peti-
tioned this Hon bl Court that they might be free d from paying
a Publick Tax for the present. That they have plainly Set
forth their Situation and Sircumstances which are Such as
renders it Out of their Power to Rais Even a Very Small
Sum of Money on any Occasion. That they have likewise
pray d this Hon ble Court that there might be a Com tee Sent to
View them whereby their Sircumstances might be fully
known to the Court, But your Petitioners have not been So
happy as to have the prayer of their Petitions Granted as
236 DOCUMENTARY HISTORY
appears by an Execution which has Lately been Sent to the
Sherriff of the County of Cumberland for Taxes Leveyd
uppon s d plantation in 1778 and 1779. That in addition to
the Difficulties Mentioned in their Former petitions there
has an Epidemical Distemper prevailed amonguest them in
the year past that has Swept away more than one Sixth part
of the Inhabitants. Permit your petitioners therefore (who
stand Shuddering at the appearance of the Evils they must
soon feel) once more to Solicit your Honours that the Prayer
of their former Petitions may be Granted in freeing them
from paying a Publick Tax for the present and Give Order
that s d Execution may be with Drawn, or that they may be
Reliev d in Such Other Manner as your Honour 8 Wisdom
may Suggest and as in Duty Bound Shall ever pray
John Peabody, Enoch Perley, Isaiah Ingals ^ Com tee
Governor's Address in re Indians.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
The Commissioners appointed by a resolve of the General
Court of the sixth of July last, to treat with the Penobscot
tribe of Indians, respecting their claim to lands on Penobscot
river have, with their letter to me, dated at Penobscot the 30 th
of August, transmitted a report of their proceedings with
those Indians.
By the report it appears, that it was agreed by the said
Indians on their part, that they would relinquish all their
claims and interest to, & in all the lands on the west side of
Penobscot river, from the head of the tide, up to the river
Pasquataquis, being about forty three miles; and all their
claims and interest on the east side of the river, from the
head of the tide aforesaid, up to the river Mantawomkeektook,
OF THE STATE OF MAINE
237
being about eighty five miles; reserving only to themselves
the Island, on which the old town stands, about ten miles
above the head of the tide, and those islands, on which they
now have actual improvements, in the said river, lying from
Sunkhaze river about three miles above the said old town to
Passadunkee Island inclusively, on which island their new
town, so called, now stands.
In consideration hereof the Commissioners, in the name &
behalf of the Commonwealth, engaged, that the said Indians
should hold and enjoy in fee the islands reserved as afore-
said, and the fee of two islands in the Bay, called and known
by the names of white Island and black Island, near Naskeeg
point. And the Commissioners further agreed, that the lands
on the west side of the river Penobscot to the head of all the
waters thereof, above the said river Pasquataquiss, and the
lands on the east side of the river to the head of all the
waters thereof, above the said river Montawomkeektook,
should lie as hunting ground for the indians ; and should not
be laid out or settled by the State, or engrossed by any in-
dividuals thereof and they further agreed to make the In-
dians a present of three hundred and fifty blankets and two
hundred pounds of powder, with a proportion of shot and
flints.
And the Indians on their part further agreed & engaged
that as soon as the agreement should be confirmed on the part
of the Commonwealth, and the blankets, powder, shot and
flints delivered, that they would sign a relinquishment of all
their right and interest to the lands, agreeably to the above
contract.
The sketch of the river from the head of the tide to its -
source, will give an idea of what the indians have surrendered,
& what they retain.
As the Commissioners think it a matter of real importance,
that the blankets and other articles should be forwarded as
238 DOCUMENTARY HISTORY
soon as may be, you will probably think fit, Gentlemen, to
make provision for that purpose ; and appoint the Chairman,
or some one of the Commissioners, to compleat the negocia-
tion, by delivering to those indians the stipulated articles,
upon his receiving, in behalf of the Commonwealth, a proper
deed of the ceded lands. At the same time he should be in-
structed to attend to their complaints, in regard to the fraud-
ulent conduct of a french Priest among them.
The same Commissioners, by their report and letter of the
12 th of September, have in consequence of their instructions,
given it as their opinion, that it is a matter interesting to the
Commonwealth in General, as well as to the inhabitants
settled to the eastward of Penobscot river, that a road should
be opened there-from eighty feet wide to the bay of Passama-
quoddy near the mouth of Schooduck river: the lines of which
road are particularly described : That there is a number of
Plantations to the eastward of Penobscot river, proper to be
incorporated and whose circumstances require it: That
there is a number also to the westward of Penobscot, to whom
incorporation would be beneficial : but the Commissioners are
restrained from reporting as fully in favor of incorporations
on that side of the river, because the limits and extent of
several Patents & claims are not yet ascertained and agreed
on : That the great remove of the people in the eastern part
of the County of Lincoln, from the Courts of Justice, makes
it needful, that two new counties should be formed there : the
lines of which are described : That many marriages having
been performed in that County, in a way not agreeable to law,
a return of such should be made to the Secretary's Office for
confirmation by acts of the Legislature : That for want of
the late tax-acts, they have not known in what mode to make
assessments of taxes: That a new edition of the laws, es-
pecially for that Country, has become highly necessary: and
that a Proclamation should be issued relating to, & forbiding
OF THE STATE OF MAINE 239
all trespass on, lands there belonging to the Commonwealth.
These matters, Gentlemen, concerning which the several
reports and letters of the Commissioners will give you fuller
information, appear to merit the attention of the General
Court
James Bowdoin
Council Chamber October 4 th 1786 -
In Senate Oct r 4 th 1786.
Read & committed, with the Papers accompanying to Cot-
ton Tufts & Tristram Dalton Esq rs with such as the Hon ble
House may join, to consider & report
Sent down for concurrence
Sam 1 Phillips jun r Presid 1
In the House of Representatives Oct r 5, 1786
Read and concurred and M r Fisher M r Jarvis and M r
Ward of Salem are joined
Artemas Ward Speaker
Report of Committee on Penobscot Indians.
Commonwealth of Massachusetts
To his Excellency the Governor and the Honorable the
Council
May it please your Excellency and Honors
In virtue of a resolve of the General Court, by which the
under signers were on the 6 th of July last authorized, to treat
with the Penobscot Tribe of Indians, respecting their claims
to land, on the river Penobscot ; to make full enquiry into the
nature and extent of their said claims, and by an amicable
treaty to adjust & ascertain the same so far as may be prac-
ticable: And in behalf of this Commonwealth, by the use of
all fair, open, and honorable methods to endeavor to obtain
240 DOCUMENTARY HISTORY
from the said Indians, an acquittal & relinquishment of their
possessions, and a release of all their claims, and pretensions,
of title to the said lands ; and in case the same cannot be ob-
tained, to agree upon and limit the boundaries of their said
claims and possessions on terms mutually advantageous and
satisfactory to the parties.
We met on the 28 th Instant about sixty five of the said
tribe, with four of their Sachems, or heads, who appeared as
representatives of the whole, Viz, Orino, Ossang, called Es-
quire Ossang, Colonel John Neptune, & Victor Barvett,
We represented to them in the first place that by the termi-
nation of the war, a favorable opportunity offered for settling
all the lands, in this part of the Commonwealth ; therefore it
was that the General Court, equally attentive to the Interest
of the Penobscot Tribe, as to that of their other Inhabitants,
had directed us to inquire into the nature and extent of their
claims, lest in executing their designs of Settling their lands,
they should infringe on those claims. This drew from the
tribe a declaration that they would limit their claims to a
small river about six miles above the head of the Tide, (which
head of the tide was the boundary of their former claim,)
thence to the head of the river, This claim they founded on
the doings of the Provincial Congress at Watertown on the
21 st of June 1775. We then explained to them the nature
of that resolve, and that if they held all the lands mentioned
therein, which was 6 miles on each side of the river from the
head of the tide it would be of little use, if the state should
settle the other lands, the strip left, would be no hunting
ground for them, that it was therefore much for their In-
terest, to quit all pretentious to lands below for more ex-
tended limits above, After much time being spent on the
Subject and in leading them into a belief that the state really
wished to promote their happiness it was agreed by the said
Indians on their part that they would relinquish all their
OF THE STATE OF MAINE 241
claims & Interest to all the lands on the west side of Penob-
scot river, from the head of the tide, up to the river Pasquata-
quiss being about Forty three miles, And all their claims &
Interest on the east side of the river from the head of the tide
aforesaid up to the river Mantanomkeektook being about 85
Miles reserving only to themselves the Island on which the
old Town stands, About 10 Miles above the head of the tide,
and those Islands on which they now have actual Improve-
ments in the said river, lying from Sunkhaze river, about 3
Miles above the said old town to Passadunkee Island, inclu-
sively, on which Island their new Town so called, now stands.
- In consideration hereof We in the name and in behalf of
the Commonwealth engage that the Indians should hold and
enjoy in fee the Islands reserved as aforesaid and the fee of
two Islands in the Bay called & known by the name of White
Island, & Black Island, near Naskeeg point, And we further
agreed that the lands on the west side of the river Penobscot,
to the head of all the waters thereof, above the said river,
Pasquataquiss & the lands on the east side of the river to the
head of all the waters thereof, above the said river Moiita-
nomkeektook, should ly as hunting ground for the Indians
and should not be laid out or settled by the state or engrosed
by Individuals thereof, & We further agreed as aforesaid to
make the Indians a present of Three hundred & fifty Blankets,
Two hundred pounds of Powder with a proportion of Shott
& flints !
We further report that prior to a termination of the above
agreement and very early in the Conference we discovered a
total aversion in the Indians to surrender all their claims
agreably to a wish of the General Court expressed in the
Kesolve aforesaid. The Indians were so far from doing this,
that when they were urged to relinquish as far North as the
west side of the river as on the east side they absolutely re-
fused on any terms whatever, to comply with the proposition.
17
242 DOCUMENTARY HISTORY
We then discovered that this could not be further insisted on,
and we preserve that line of conduct which would give satis-
faction to the Indians, a Circumstance which we desired to
effect, as thereby we should at once gratify our own feelings,
& we trust evidence our attention to the wishes of our Con-
stituents, & the spirit of their Resolve. The Indians further
agreed & engaged that as soon as the agreement should be con-
firmed on the part of the Commonwealth, and the Blankets,
Powder, Shott & Flints, should be delivered that they would
sign a relinquishment of all their right and interest to the
lands agreeably to the above Contract.
Matters being thus agreed, the Tribe took leave of us with
evident marks of Satisfaction in what had been done, and of
esteem & Love to the Commonwealth.
B Lincoln, Tho 8 Rice, Rufus Putnam
Penobscot River, August 30, 1786.
Report in re Cannon lost Penobscot Expedition.
Penobscot September 12 th 1786.
Sir
We have been honor'd with the receipt of your Excellencys
order in council, of the 8 th Ult relative to the information,
you had received, on the subject of Cannon recovered from
those lost in Penobscot, after raising the seige against the
enemys Post on that river
We paid the earliest attention to the order, & although it is
evident, that cannon have been recovered, besides those taken
up by the enemy, yet we cannot learn by whom, & we see no
prospect of there being regained, as it was done at a time,
when the Country was fully in the power of the enemy
and as we have no reason to suppose that any of them are now
in the hands of the present inhabitants.
OF THE STATE OF MAINE 243
Some more might possibly be taken from the wreck, yet
probably, the expence of doing it, would much exceed the
Value of such cannon when obtained
We have the honor to be with Sentiments of great esteem
Your Excellency's Ob 1 Serv*
B. Lincoln, Tho s Kice, Kufus Putnam
His Excellency Governor Bowdoin
Letter of Committee in re Indians.
Commonwealth of Massachusetts
September 12 th 1786
Sir
From a persuasion that it will be considered, as the duty
& interest, of this commonwealth at all times, to pay a proper
attention, to the reasonable complaints of the Indians within
this State, and that policy and justice, unitidly, demand from
us a redress of all their grievances where the means of it are
within our power. We are induced to relate to your Ex-
cellency, a complaint exhibited to us by Colonel John Nep-
tune, one of the chiefs in the Penobscot Tribe, against the
Priest appointed to officiate in that tribe ; that he put into the
hands of the Priest thirty seven Beaver skins which he en-
gaged to sell for him in Boston; and account with him for
the proceeds. Upon the return of the Priest, some time
since, he was informed by him that he could not pay for the
skins, as the money was taken from him in Boston, to pay
for some clothing, he the chief had these, which clothing at
the time he received it, he supposed was given to him by the
commonwealth. If the Priest has made this declaration &
it has no foundation in truth, he ought to be compelled to set
the matter right, in justice to the State, and to compensate
Neptune for the Skins. If the account the priest has given
244 DOCUMENTARY HISTORY
is true, and any officer of government, under their direction,
has received the money, care should be taken in that case, to
convince the Indian chief, that it was not intended, that the
cloths should be given, and that he was in an error, at the
time by considering the matter in that light.
However small this may appear to be, and really would be,
among our selves, yet it is of importance, as it relates to the
Indians. We are further induced to trouble your Excellency
on the subject, from a belief that the Priest received his Ap-
pointment from the commonwealth, and that hereby he is
Amenable to the state for his conduct, as it relates to his
moral Character, besides his being, with other citizens, ac-
countable to the laws of the state. We are persuaded that a
little attention to this matter, will have a good effect, on the
minds of the Indians, and have a tendency to secure, not only
their obedience but their confidence & esteem.
We would further communicate to your Excellency, that
their are some people, in the eastern part of the county of
Lincoln, who have been married by persons not authorized
by law to marry Their great remove from such officers, has
led to this irregularity; in some instances the ceremony has
been performed by the senior Military officer present, and in
other instances, by the naval officer in the lower part of the
county. Such marriages, if the parties have been sincere,
may be, and doubtless are justifiable in the eye of him who
regards the intention.
Yet evils in some after day may be experienced, by such
a departure from that system, which the laws of our country
have wisely pointed out.
If there exists but a possibility, that consequences injurious
may be felt hereafter, would it not be well, in time, to guard
against them. Should there not be a return of all such mar-
riages called for, and they established, the defect in form
notwithstanding, by an act of the Legislature
OF THE STATE OF MAINE 245
We have the honor of being with the most perfect esteem
Your Excellencys most obedient servant
B Lincoln, Tho s Rice, Rufus Putnam
His Excellency Governor Bowdoin
P. S. Among the complaints which were exhibited by the
people, in some of the plantations, they mentioned, that the
laws had not been forwarded to them, which neglect left them
ignorant of the mode of assessing the late tax, and how it
should be collected
B Lincoln, Tho s Rice, Rufus Putnam
The Sketch of Penobscot River from the head of the tide
to its Source 1786 (Vol 39 Collection of Maps and Plans).
Letter of B. Lincoln to Governor.
Boston Sep 1 19, 1786.
Sir
In my several tours to the eastern part of this State I have
discovered a disposition among the inhabitants in general to
submit to the laws of their country and I am convinced that
they oftener offend from want of information than from an
untoward disposition. Near thirty years have passed since
the last edition of the laws of this commonwealth; in this
time a large number of towns have been incorporated and a
great additional number of Justices of the peace have been
commissioned all of whom I suppose wish to have a set of the
laws That towns should have them is an indispensible duty
but they are not to be obtained and not only new towns in the
remote part of the State but officers lately commissioned there
must be destitute until a new impression. I know it has been
given out that this would be done as soon as the revision of the
laws was over This business has already been a work of
time and much more probably will be consumed before that
246 DOCUMENTARY HISTORY
arduous and necessary business will be fully completed. A
volume might now be pretty perfect binding of it may be
omitted untill it shall be more so finally the whole may be
bound together
It has been a long practice, well known to your Excellency,
for people to set themselves down on public property in the
eastern part of this State The commonwealth has wisely, I
think, established a rule for quieting those who so settled be-
fore the first of Jan y 1784 No provision has been and prob-
ably none ever will be made for those who have taken up such
lands since that date. This, sir, I think, will be a source
from which great discontent will flow hereafter Many will,
and I suppose may justly say, that from the want of informa-
tion they have been led into the mistake and that they expected
to be quieted in their possessions as others had been I beg
leave therefore to suggest to your Excellency the propriety
of issuing a proclamation and of having many copies of it
spread through that part of the country giving a full repre-
sentation of the matter that whoever trespasses hereafter may
do it clearly in his own wrong This measure cannot operate
to the injury of people who want settlements for lots are now
to be given away in many towns so that they may now have
as much land and as good a title from individuals as they
have heretofore received from the State I cannot help think-
ing but it is a duty incumbent on Government to attend to this
matter and that it will be productive of valuable consequences,
we cannot, in my opinion, pay too early an attention to these
people I wish we may thereby fully obtain a knowledge of
their circumstances and remove very just ground of com-
plaint now existing and prevent the being of any hereafter.
I have the honor of being with sentiments of our esteem
Your Excellency's most obedient servant
B Lincoln
His Excellent Governor Bowdoin.
OF THE STATE OF MAINE 247
Letter of Committee to Governor in re Indians.
Penobscot River, August 30 th 1786
Sir
We enbrace the earliest opportunity to inform your Excel-
lency that the report relative to the hostile intentions of the
southern Indians appears to us to be altogether without
foundation and that the tribe had been imposed upon. Be-
fore we closed our conferrence with the Indians we repre-
sented to them the evils which existed in consequence of the
report and cautioned them against giving countenance to, or
propogating such in future, unless there was pretty good
reason to suppose they were true. We did not however for-
get to remind them that they ought to be attentive to the
motions of those who were hostile to us and that they should
notify us of every circumstance which had the appearance
of a mischievous design
They assured us that they would be attentive, & requested
our watchfull eye over movements which might indanger
their safety.
We arrived at the head of navigation on Penobscot river on
the 25 th Instant and Immediately forwarded an express to
collect the Penobscot Tribe informing them that we had some-
thing to communicate interesting to them this brought to-
gether about sixty five of their tribe with four of their sachems,
or heads, of these they have six but one was so far hunting, as
was also a part of their tribe, that neither he nor they could
be notified, the other was sick, these four appeared as repre-
sentations of the whole, and from what we could learn from
the Inhabitants they were really the principal as well as the
Majority of the heads As our commission led us we first
requested to know the extent and nature of their claims. To
this they did not give a full answer but said they would now
limit their claims to a small brook six miles above the head of
248 DOCUMENTARY HISTORY
the tide this they considered as giving up the six miles for
they had before considered the head of the tide as their
bounds. From their silence on the subject we supposed that
they had given up the idea of a claim to all the lands on this
river as being planted on them by the God of nature, which
they strongly urged two years since. After reminding them
that they Surrendered to Governor Pownall all their rights
and interests in these lands, We mentioned to them that if
they had their present possessions in Virtue of the resolve of
the provincial Congress of June 1775 they could hold thereby
only six miles on each side of the river which lands could not
avail them if the Commonwealth should lay out & settle the
remainder. They appeared to be much hurt and disap-
pointed when this was mentioned as they supposed before
they had the whole width of land as far as the waters of this
river extended EaSt & West This led them to complain
that as they could not read they were imposed on and that
writings were of no value to them.
We endeavoured to remove this unfavourable idea by shew-
ing them that this commonwealth had most sacredly attended
to the said resolve And that they might place confidence in
what should be done in consequence of our report, We en-
deavoured also through the whole of our proceedings to con-
vince the Indians that the State had a sincere regard to their
happiness & were at all times disposed to make their situation
agreeable.
We think it a matter of real importance that the Blankets
Ammunition &c should be forwarded before the sitting of the
General Court, should it be defirred to that late period these
articles cannot be delivered untill the next Spring, a season
when they will not be so much needed, consequently the value
of the present will in their minds be greatly diminished be-
sides it will be difficult to make them believe that we really
OF THE STATE OF MAINE 249
intend a settlement, should such a delay take place although
we have endeavoured to prepare them for it.
We hope the State will fully carry into effect our doings
should they not the disgrace brought on us thereby will be
an evil too small to be remembered with those which will arise
from the state of uncertainty into which the Indians will be
thrown and the loss of confidence in consequence thereof
which may prevent any succesfull Negotiations hereafter.
We have the pleasure of inclosing a sketch of the river from
the head of the tide to its source this will give an idea of what
the Indians have surrendered & what they are now to Improve
We have the honor of being with the highest esteem, your
Excellency's obedient & most humble servant
B Lincoln Tho s Rice, Rufus Putnam
P. S. we wish your Excellency would give early instruc-
tions to the committee for y e sale of Eastern lands, not to
sell the said white Island & black Island which we have as-
signed to y e Indians.
His Excellency Governor Bowdoin
Eliakim Ayers Petition.
To the Honorable the Senate and House of Representatives
of the Commonwealth of Massachusetts in General Court
assembled
Humbly Shews Eliakim Ayers that in the year 1784 he
came away from Saint Johns within the Government of the
King of Great Britain in Consequence of which the British
Government has confiscated his Estate which he left there,
that he Erected a Sawmill on the Saint Croix within this
Commonwealth & within what is now called the Township
number five with an expectation to purchase the place of the
250 DOCUMENTARY HISTORY
state, that the expence of said mill amounts to Eleven hundred
Dollars which has exhausted all the property he has in the
world, that the persons with whom he expected to purchase
the same Township has failed him by reason whereof he must
loose all his Labour & money expended and be brought to
beggery unless your Honors will sell him the place where the
same Mill stands wherefore he humbly prays that your honors
would Sell one hundred acres including the same Mill for
such price as you shall Judge to be reasonable, and he will
ever pray
Eliakim Ayers
October 6 th 1786
Petition from flettlers in Township No 10 or Eddys,
16 Oct r 1786.
Upper Plantation on the East side of Penobscot River,
Oct 16, 1786.
To the honorable, the Senate, & the House of Representatives
in General Court convened.
The petion of Stephen Bussell, and others, setld on a parcel
of Land, commonly known here, by the name Col. Edys
Township.
Your Memorialists beg leave to inform your honors, that
sundry of us have been upon these Lands more than twelve
years, labouring (we hoped) for our ourselves & children, as
well as for the common good of America ; but we are informed
the General Court, hath latly ordered, all unapropriated
Lands in the County of Lincoln to be sold.
We trust your Honors, do not wish to deprive us of our
labours, without making us some compensation.
We have suffered extremly, by the late war, It is not with-
out great difficulty; that the first setlers, fix themselves in
OF THE STATE OF MAINE 251
an inhospitable wilderness. Their labors raise the price of
Lands in the vicinity at least one half. We pray your
Honors will take your condition into your wise considera-
tion ; and grant each of us one hundred Acres of Land where
we have improved, and setled ; and your Memorialists, as in
duty bound :
N. B. the number of Years Each Man has been on these
Lands, you will find against his name.
Stephen Bussell. 13 years. Thankful M c Mahan 10 years,
Alexander Grant 3 years, Patrick Monney 13 years
In the House of Representatives Nov r 10, 1786.
Read & committed to the Committee on the subject of the
unappropriated lands in the County of Lincoln to consider &
report
Sent up for concurrence
Artemas Ward Speaker
In Senate November 17 th 1786-
Reand and concurred
Sam 1 Phillips jun r Presid'
Petition of Inhabitants of Parsonsfield.
To the Hon ble Senate and House of Representatives of the
Commonwealth of Massachusetts in General Court
assembled Octob r y e 18 th 1786 -
The Petition of the Inhabitants of the Town of Parsons-
field in the County of York, By their Committee
Humbly Shew,
That we your Petitioners Humbly Conceive, that your
Honours in Proportioning the Publick Charges Designed an
Equitable part to Each Town in the Commonwealth, But
never yet having the Valuation of Parsonsfield (not being
called for) have Charged your Petitioner much more than
appears to be their Proportion with other Towns
252 DOCUMENTARY HISTORY
That a Just State of the matter may Appear to your
Honours an Inventory Shewing the Amount of the Valuation
of s d Town is Anexed hereto which by Compaireing with
other Towns y r Petit 1 " 8 find the Diference of Ruther more
than four to one against them. Your Petitioners further
Conceive that the Difference in Situation we being Thirty
Two miles from any Markit Makes a Material Odds in the
Value of Estates, by the Time produce is Transported to mar-
kit by Teems & Exchanged for Cash the Expences Take up
near one half Your Petit rs Humbly Shew that they are the
Greatest part Very poor That our Stocks of Cattle by near
Seven mounths winter and by Flyes in y e Summer are of
Little income
That our Lands will not produce Flax Eaqul at Intervals
or old Farms that the Destruction of Sheep by wolves has
Hitherto hindred us from Raiseing much wool By Deep
Snows in y e Winter they are hindred from makeing any
Profitable use of their Teems and that the procureing of
money for their Taxes is Extreemly Difficult
Being Desirous of Manifesting that Loyalty which is Due
to Goverm 1 by Seasonably Paying and Strictly adhereing to
the Calls of Goverm 1 which by the Debt now laying against
us we are Unable to Do ; Therefore your Petitioners Humbly
pray your Honours would abate So much of Said Debt as will
put us upon Eaq 1 Futing with other Towns and what more
our Needy Circumstances appear in your Wisdom to require
And they as in Duty Bound will Ever Pray
Thomas Parsons, John Doe, Jon a Kinsman,
Committee
Inventory
86 ratable poles @ 25/ 107 . 10 . 0, 14 Poles not rat-
able, 39 Horses - - 192 . 6 . 0, 71 Oxen - - 350 . 8 . -
134 Cows - - 393 - 8 - 0, 127 young cattle 243 - 11 - 0,
117 Swine 106 . . 639 acres of Tillage & mowing
OF THE STATE OF MAINE 253
Land 766 .. 16 .. 0, 549 ditto Pausteuring Land 247 .. .
- 55 Barns - - 275 .. . 0, 1 Dwelling house 25 .. . 0, 2
Ditto 12.. - - 24 ..0.0, 2 Ditto 8.. --16. .0.0, 1
Ditto 7.. 7-0-0 49 Huts or houses not ratable ,
171 Bushel of Corn 31 25 - 13 - 4 Tuns of Hay -
3.12.0 Total 2675 ..14-0 at 6 p r C t 160-10-7-
3950 acres @ 3 d 59 .. 7. 6, 6198 D 12 d 309 ..18.0
2100 D 2/ 210-0.0, 3096 D 3/6 541-14.0, 3500
D 5/ 875-2-0 3017 D y e Trees fell but need no Im-
prov'm 1 6/ 905 - . Total 21,861 acres 2901 .. 1 .. 6
at 2 pr ct
58 - 1 . 41/2 Tax Bill 315 ..12-6 Total Int 218 - 12 - 00
to be Cast at - 19 - 74 \ 208 - 2-6
315-12-6
The annexed Inventory Taken in May 1786. By the
Subscribers
John Doe Thomas Parsons jun r }-
Assessors of Parsonsfield.
Re: Petition of Mark Lord.
CommonWealth of Massachusetts
In the House of Representatives October 6 th 1786.
On the Petition of Mark Lord praying that he may have
liberty to Appeal his Action against Moses Copps from the
Court of Common Pleas held in the County of York to the
Supreme Judicial Court held in said County for reasons set
forth in his Petition
Eesolved that the said Mark Lord notify the said Moses
Copps to appear and the second Wednesday of the next sitting
of the General Court that he may shew Cause why the prayer
of said Petition should not be granted by serving him with
an attested Coppy of his Petition & this Order fourteen days
254 DOCUMENTARY HISTORY
before the next sitting of the General Court that Execution
be stayed in the mean time
Sent up for concurrence
Artemas Ward Speaker
In Senate Oct r 21 st 1786
Read and concurred
Sam 1 Phillips jun r Presid 4
Approved James Bowdoin
York ss Commonwealth of Massachusetts
At a Court of Common Pleas begun & held at York within
& for the County of York on the second Tuesday of July
being the eleventh day of said Month Anno Domini 1786
Mark Lord of Berwick in the county of York Trader PI a*
against Moses Copps of Shapleighs Town so called not within
the bounds of any town Incorporate but within our county of
York aforesaid Itusbandman Def 1 in a plea of Ejectment
wherein he demands of the said Moses one Hundred & fifty
Acres of Land with the appurtenances in Shapleigh so called
afores d being the whole of the Lot numbered Nineteen in the
second Division in the tenth Range in said Shapleigh Town,
which Premises with the appurtenances the Plat claims as his
right & Inheritance in fee whereupon the Pla* says he him-
self on the fifth day of July A. D. 1777 who seized of the
same Premises with the appurtenances in his Demisne as of
Fee taking the profits thereof to the value of Five pounds a
Year, and continued to be so signed thereof until within seven
years last past within which time the said Moses hath illegally
and without Judgment of Law entered into & upon the said
premises & disiezed the Pla 1 thereof & still unjustly with-
holds the possession thereof from the Pla* to the damage of
the said Mark as he says the sum of Three hundred Pounds
And the said Moses comes & defends the force & Injury
&c for Plea says he is not Guilty & thereof puts himself on
the Country And the Pla* likewise The Cause after a
OF THE STATE OF MAINE 255
full hearing was committed to a Jury sworn according to Law
to try the same who return their Verdict therein and say the
Jury find the Def * not Guilty It is therefore considered by
the Court that the said Moses Copps recover against the said
Mark Lord cost of suit taxed at one pound nineteen shillings
& two pence This action was continued from last April
Term by agreement of the parties & now to be final The Pla*
claimed an Appeal from this Judgment but not Granted
Attest JN Bartlet Clerk
Copies from Record Examined
p r JN Bartlet Clerk.
Governors Message resp d the claim of Mons r Gregoire &
Lady to Lands.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
A few days ago arrived here from France by the way of
New York, Monsieurs Gregoire and his Lady. They claim
in her right a Tract of Land in the County of Lincoln, front-
ing on the Sea two leagues, and extending from thence into
the land two leagues ; together with the Island of Mount
Desert, and the neighbouring Islands: the said two leagues
square having Mount Desert in its front
They represent their claim to be founded on a Grant, made
to her Grandfather Monsieur La Motte Cadillac in 1688,
under the authority of Louis XIV, then King of France.
I received by Monsieur Gregoire a Letter from the Marquis
La Fayette, dated at Paris in August last, and a Letter from
Monsieur Otto Charge d'affaires to Congress from our illus-
trious Ally, the King of France, dated at New York the 23 d
of October: in which Letters they recommend the claim of
Madam Gregoire to the consideration of this Government; as
the land claimed is within its jurisdiction
256 DOCUMENTARY HISTORY
A memorial in behalf of the claimants, was presented to
the General Court by the Consul of France in June 1785 :
but nothing final was done thereon.
As the Claimants are come hither from France, for the pur-
pose of settling this claim with the Government, it is their
earnest prayer, that the General Court would give an imme-
diate attention to it: agreeably to their Petition herewith
exhibited.
James Bowdoin
Council Chamber Nov* 7 th 1786.
In Senate Nov* 7, 1786.
Read and committed to Stephen Choate and Benj a Good-
hue Esq rs with such as the Hon ble House may join, to consider
and report
Sent down for concurrence
Sam 1 Phillips jun r Presid'
In the House of Representatives Nov r 7, 1786.
Read and concurred & M r Winter, M r Breck & M r MCobb
are joined.
Artemas Ward Speaker
Nov r 14, 1786. Cotton Tufts Esq r appointed in the room of
Benj Goodhue Esq r
15 Joseph Hosmer & Joseph B Varnum Esq r were ap-
pointed in the room of M r Choate & M r Tufts
Feb y 21 st 1787 Stephen Metcalf Esq r is appointed in the
room of M r Varnum.
Governors Message Nov r 11, 1786.
Gentlemen of the Senate and Gentlemen of the House of
Representatives
In consequence of the resolve of the General Court relative
to the Penobscot Indians, General Lincoln was appointed, by
OF THE STATE OF MAINE
advice of the Council, to compleat the agreement, which he
and the other Commissioners, connected with him in that
business, had made with those Indians in August last
Unfortunately the Indians were gone upon their Fall-
Hunt: by which means he had an opportunity of speaking
only with one of their chiefs, to whom he communicated the
Government's confirmation of the agreement with them ; and
informed him of the quantity of Blankets and ammunition
he was charged with, and which were to be delivered to them
on their fulfilling their part of the agreement; and signing
the Deed, by which they were to relinquish to this Common-
wealth all claim to the lands stipulated in the agreement.
In the report of his proceedings General Lincoln mentions,
that he had placed those goods in the hands of M r John Lee
of Majabagwaduce, whose abilities, integrity, fortune and
attention to business, he could, from his own knowledge of
him, depend upon. He has taken M r Lee's receipt for the
Goods: which, as appears, by the receipt, he has engaged to
deliver to those Indians, agreeably to General Lincoln's writ-
ten directions to him
The said report and receipt, with the several Papers accom-
panying them, are herewith, Gentlemen laid before you.
James Bowdoin
Council Chamber Nov r 11 th 1786.
Re. Petition of Dan 1 Pierce.
Commonwealth of Massachusetts
House of Kep 8 Oct 21 st 1786
On the petition of Dan 1 Peirce setting forth that judgment
was obtained against him by Samuel Peirson at the Court of
Common pleas held at Falmouth now Portland for the County
18
258 DOCUMENTARY HISTORY
of Cumberland on the last Tuesday in May last, on which
judgment, Execution was issued & your petitioner obliged to
pay thereon to Jn Waite deputy Sherrif for the County of
Essex Sixty five pounds nineteen shillings & six pence, which
judgment & Ex on the said Peirce says is erroneous
1. Resolved that the said Dan 1 Peirce notify the said
Sam 1 Peirson to appear & shew cause (if any he has) on the
2 d Wensday of the next sitting of the General Court why the
prayer of the said Petition should not be granted, by leaving
an attested Coppy of this Petition & order thereon with the
said Peirson at least fifteen days before the said second
Wensday A & in the mean time that the monies aforesaid shall
remain secure in the hands of the said John Waite B
Sent up for concurrence
Artemas Ward Speaker.
In Senate Nov r 15, 1786.
Read & concurred with amendments at 1 & A
Sent down for concurrence
Sam 1 Phillips jun r Presid*
1. dele "Resolved" & insert Ordered
A dele from A to B
In the House of Representatives Nov r 15, IT 8 6
Read & concurred
Artemas Ward Speaker
To the hon ble the Senate & the hon ble house of Representatives
in General court assembled Humbly Sheweth,
Daniel Pierce of Salem, mariner, that one Samuel Pierson
of Falmouth, merchant, sued him, on account, to April Court
last in Essex, and arrested his body, upon w ch process he gave
OF THE STATE OF MAINE 259
bail and the cause was continued to July term last in y e
same county; that sometime previous to y e sitting of y e s d
court in July, the said Pierson, sued your memorialist for the
same demand, to Falmouth court in May last. that there
being a dispute between y e said parties relative to y e said de-
mands, it was proposed that a reference to impartial persons
should take place at Essex, & at July court there, y e writ was
called for but could not be found, tho your memorialist had
been arrested as afors d upon it, & the bail bond is now in
Sheriff Farley's possession & he affirmed & still affirms that
he returned his said writ ; But the said writ not being to be
found the cause was dismissed & a record made under the
action that it was a misentry; that while your memorialist
was then amused with the expectation of a settlement of the
disputes between him & the said Pierson by a reference or
trial by a Jury in Essex ; the said Pierson was carrying on his
said suit at Falmouth, & in May last recovered judgment
against him by default while he was absent on a voyage, &
altogether ignorant that any such suit was going on against
him, that execution has issued upon that judgment & your
memorialist has been compelled to pay the same & the costs
amounting to 65 .. 19 .. 6 to one John Wait a deputy sheriff
in Essex ; when he doth not in law or justice, if he can be
admitted to have a fair trial in order to show it owe the said
Pierson one penny, but on the contrary the said Pierson oweth
him a large ballance. Your memorialist therefore prays that
your honours will take his case into your wise consideration
and restore him to his law in y e premises ; and that the said
Wait be directed to retain the same money in his hands untill
a final trial of the disputes between your Memorialist & the
said Pierson or grant him such other relief as to your honours
shall seem just & right, and as in duty bound will ever
pray &c
D. Peirce
260 DOCUMENTARY HISTORY
.
Accompaning Documents to foregoing.
Commonwealth of Massachusetts
Cumberland ss. To the Sheriff from County of Essex, or
his Deputy Greeting Whereas Samuel Pierson of Fal-
mouth in said County of Cumberland, Merchant, by the con-
sideration of our Justices of our Court of Common pleas
holden at Falmouth for and within our County of Cumber-
land, aforesaid, on the last Tuesday of May last recovered
Judgment against Daniel Peirce of Salem in our said County
Essex, Mariner, for the sum of sixty pounds lawful money
Debt or Damage & two pounds eighteen shillings & two pence
Costs of suit as to us appears of Record, whereof Execution
remains to be done We command you therefore that of the
goods, chattels, or Lands of the said Daniel within your pre-
cinct you cause to be paid & satisfied unto the said Samuel
at the Value thereof in money the aforesaid sums being sixty
two pounds, eighteen shillings & two pence, in the whole, with
two shillings more for this Writ, and sheriff also to satisfy
yourself for your own fees ; and for want of goods Chattels,
or Lands, of the said Daniel to be by him shewn unto you or
found within your precinct to the acceptance of the said
Samuel to satisfy the sums aforesaid, We command you to
take the Body of the said Daniel and him commit unto our
Goal in Salem, Newburyport, or Ipswich in our County afore-
said & detain in your Custody within our said Goal, untill he
pay the full sums above mentioned, with your fees, or that
he be discharged by the said Samuel the Creditor or other-
wise by Order of Law, Hereof fail not & make return of
this Writ, with your doings therein into the Clerks office of
our said Court of Common Pleas, within three months from
the date hereof Witness Enoch Freeman Esq r at Portland
OF THE STATE OF MAINE 261
the twenty eighth day of July In y e year of our Lord, one
Thousand Seven hundred & eighty six
signed Sam Freeman Clerk.
Copy Attest John Waitt Sheriff
63- 0-2
2-19-4 Total 65-19-6
Essex ss 27 Oct r 1786 I Keturn this Exon c 29
38-19-6
Fulley Sattisfyed Debt & Costs -
John Waitt D Sheriff
M r Pierson of Falmouth sued Cap* Pearse for April Court
at Ipswich 1786 he gave bail some proposals being made
between the parties, it was agreed, that the action shou'd not
proceed however it was entered & no writ appearing, the
Sheriff was call'd upon to return it he declared he had
serv'd & return'd it the action stood continued to July term
before that Term the Pltff commenced another suit against
Pearse, for the same cause | as it is paid for Falmouth Court
in May 1786 but further proposals being made between
Pearse & the Pltff's Att y here | that is y e Att y in the Essex
action it was agreed that he shou'd write to the Pltff at Fal-
mouth for his assent to the proposed reference | & it was said
that the Pltff doubtless wou'd assent to it but at Essex July
Court the first suite standing continued the Def* call'd again
for the writ, the Clerk declared to the Court that he had never
seen it & that it had not returned to him the Sheriff was
call'd upon again & declared he had returned it to some person
but cou'd not say to whom the Def l having no notice from
Falmouth & relying upon a reference or discontinuance of
that suit as proposed was defaulted & Judgment went against
for 63=1=2 & costs & he has been compelled to pay both to
262 DOCUMENTARY HISTORY
Wait Sheriff here when the Pltff owes more to the Voyage
than the above sums
The Def 1 therefore wisheth to obtain a hearing of the cause
at Falmouth Court and that the money may remain as secur-
ity in the Sheriffs hands
for W m Pychon, Jn Pychon
Petition of Inhabitants of Bridgton.
Commonwealth of Massachusetts
In Senate Novem r 17, 1786
On the Petition of the Inhabitants of the Plantation of
Bridgeton praying to be exempted and excused from paying
the State Taxes ordered to be assessed upon them Resolved
that the prayer of said Petition be so far granted as that the
said Plantation be & hereby is exempted & excused from pay-
ing all State & Continental Taxes ordered to be assessed upon
them prior to the first day of January 1784 & the Treasurer
is hereby directed to govern himself accordingly.
Sent down for concurrence
Sam 1 Phillips j r Presid 1
Commonwealth of the Massachusetts
In the House of Representatives March 3 d 1786
On the Petition of the Inhabitants of the Plantation called
Bridgton in the County of Cumberland praying that they
may be abated their back taxes or otherwise have a Committee
(at their Expence) to view the said Plantation and Report
Resolved That Isaac Parsons Esq r & M r Caleb Emery with
such as the Hon Senate may join be a Committee to Repair
OF THE STATE OF MAINE 263
to the said Plantation and view the same and make Report
A. to the General Court at their next Sitting what is proper
to be done thereon B
what measures are proper to be adopted relative to the
prayer of the said petition.
Petition of Isaac Smith & others.
To the Senate and house of Representatives in General Court
Assembled
The Petition of Isaac Smith and other Principle Inhabi-
tants of the Plantation of Canaan humbly sheweth
That the said Smith owns a Grist Mill at the Mouth of
Wesserunset which is the only mill at which Grinding can be
had within seven miles, that the dam is so circumstanced
that a fish way cannot be made and he has no way of avoid-
ing the penalty of the Law but by setting out the whole
water, which will bring the Inhabitants into great distress
That the said stream runs from an uninhabited part of the
country, and only four families live on it above the said Mill,
who also live near the main River, and can as Easily as their
Neighbours take fish out of the great River
That no fish were ever known to Run up the said Stream
Except a few of the last run of small Salmon towards the
last of June.
That the said dam has been very expensive both to said
Smith and the Town inhabitants
Your Petitioners therefore Pray the honorable Court to
pass a Resolve to enable the said Smith to keep up his pond
and free him from the Penalty of the law and your Petition-
ers in Duty bound Shall ever Pray
Nath 1 Whitaker, Bryce M c Lallan,
264 DOCUMENTARY HISTORY
Peter Heywood, Isaac Smith,
Peter Heywood Jun r , Phinehas Steward,
John White, Eli Weston,
Sol n Clark, Joseph Weston,
John Fowler, Stephen Weston
Petition of Francis Whitmore.
Commonwealth of Massachusetts
To the Hon le the House of Representatives sitting at
Boston 1Y87
The Petition of Francis Whitmore of Bowdoinham Gentle-
man Humbly Sheweth
That in the year Seventeen hundred and Sixty three the
said Francis contracted with Charles Ward Apthorp to pro-
cure for him a Number of Pine Masts called King's Masts
the said Francis took up a parcell of Goods to enable him to
carry on the Business and as security therefor mortgaged his
Estate at Medford & procured the several Masts mentioned in
the annexed Schedule in the Year seventeen hundred & sixty
three delivered twenty nine of the said Masts and put them
on Board a Ship at Casco-Bay Commanded by Cap 1 Tate & in
seventeen hundred and Sixty four delivered into the King's
Dock at said Casco-Bay thirty Seven more four whereof were
put on Board said Ship & the residue M r W m Webb took the
charge of, said Francis settled with M r Mark Wentworth who
had the care of the Business in the year 1763 for twenty
nine of the same Masts & received an Order upon said
Apthorp for the Pay went to Boston applied to Apthorp then
in said Boston presented the Account & order for the last
mentioned Masts he looked over them and said it was well &
OF THE STATE OF MAINE 265
desired he would wait a few Days come again & he would
pay him a few Days after that he went off to New York
was one of the King's Councellors there and therefore your
Petitioner could do Nothing if he had attempted to arrest
him in this Situation the Matter has been could get no Settle-
ment nor pay to discharge said Mortgage. The Common-
wealth have taken the said Mortgaged Estate as the Estate
of said Apthorp and sold it before your Petitioner had
knowledge of it he living two hundred Miles distant from
where the Land sold lieth After we heard of it made ap-
plication to the Committee who Sold it whose Names were
Prescott Hosmer &c and told them he owed no money upon
the same Land but there was a large Sum due to him the said
Francis they told him they knew Nothing of the Matter they
had orders to sell it
Your Petitioner applied to the Judge of Probate who ap-
pointed a Committee to examine the Account who found a
Ballance due to said Francis 1764 9 3 for which the
said Judge gave a Certificate & thereupon he applied to Sam-
uel Barrett Esq r for payment who told him he had heard
Nothing of the Matter & the Day before had paid all the
Money that belonged to Apthorps Estate &your Petitioner has
never received one Farthing for the aforesaid Masts it has
been the means of destroying him & his Estate and made
him unable to pay his just Debts for which he has been har-
rassed & sued Your Petitioner does not wish to have to pay
for the masts put on Board the Ship but only for those thirty
three delivered into the Kings Dock which the Common-
wealth took possession of and Sold Your Petitioner humbly
prays your Honors to take the Premises into your Considera-
tion and order thereon as to your Honors may seem just &
wise. And as in Duty Bound your Petitioner will ever
pray
Francis Whitmore
266
DOCUMENTARY HISTORY
Schedule of Masts which the Petitioner has reference to.-
Masts
Inches
1
1 Mast
27
280
1
1 D
28
295
1
1 D
25
195
1
1 D
24
175
1
Bowsprits
1
27
190
1
1
30
250
1
1
27
190
1
1
28
215
1
1
27
190
1
1
29
230
1
1
28
215
1
1
29
230
1
1
27
190
1
1
28
215
1
1
30
250
1
1
28
215
1
27
190
27
190
27
190
30
250
27
190
Yards
23
300
21
250
21
250
21
250
21
250
21
250
21
250
21
250
21
250
21
250
21
250
21
250
Petition of Sam 1 Peirson & John Frothingham.
Commonwealth of Massachusetts
To the Hon ble Senate & the Hon ble the House of Representa-
tives in Gen 1 Court assembled
Humbly Sheweth
The Subscribers, a Committee of a number of persons, in
the Town of Portland in the County of Cumberland, chiefly
belonging to the Alarm list in Said Town, being desirous to
contribute towards the support & defence of the State by the
best means in their power & to encourage the art Military
have agreed to form themselves into an Independent Artil-
lery Company they therefore humbly pray your Honours,
OF THE STATE OF MAINE 26 Y
that they & such others, as may be regularly admitted into
said Company may be constituted & make an Independent
Company by the name of the Cumberland, Independent
Company of Artillery, with Officers of such Rank as your
Honours may see fit to direct, to be under the immediate
Command of the Major General of the said County for the
time being, & to be furnished with two field pieces & a Gun
House at the Expence of the State And they as in Duty
bound will ever pray
Sam 1 Peirson, John Frothingham } Committee.
Petition of John Baker et al.
To the Hon ble Senate & the Hon ble the House of Represen-
tatives of the State of Massachusetts in Gen 1 Court
assembled
Your Petitioners humbly shew
That a number of Persons in the Town of Portland in the
County of Cumberland, chiefly belonging to the Alarm list
in said Town, desirous to contribute towards the defence of
the State by the best means in their power, have agreed to
form themselves into an Independent Company, to be Uni-
form in their Dress &c
They therefore humbly pray your Honors, that they & such
others as may be regularly admitted into said Company, may
be constituted & made an Independent Company, by the name
of The Cumberland Independant Company of Cadetts im-
powering them to choose their own officers, to be under the
immediate command of the Major General of said County
for the time being, & that your Honors woud give a Rank
to their Officers & they as in Duty bound will ever pray
John Baker, Sam Peirson, Stephen Codman } Com ee
268
DOCUMENTARY HISTORY
We the subscribers whose names are under written agree
to form ourselves into an Independant Company in this Town
and agree to meet together to adopt such Rules & Regula-
tions as the majority of said Shall suppose necessary
IsTath 1 F. Fosdicke,
Dan 1 Mussey,
John Baker,
Rich d Codman Jun r ,
Stephen Harding,
Eben Storer,
Thomas Motley,
Step n M c Lellan,
Moses Noyes,
Robert Boyd,
James Deeriiig,
James Dunn,
Peter Warren,
Woodbury Storer,
Eliph 4 Dean,
John Emmons,
Sam Peirson,
Enoch Preble,
Eben r Mayo,
Sam 1 Butts,
William Reynolds,
Tho s Webster,
Sam 1 Poor,
Eliphalet Morss Jun r
Thomas Reed,
Hosea Ilsley,
Zech a Nowell,
Joshua Rogers,
Henry Preble,
Samuel Bryant,
Eben r Preble,
Thomas Motley,
Dan 1 Mussey,
Woodbury Storer,
John Baker,
Eben Storer,
James Dunn,
Thomas Reed,
Moses Noyes,
James Deering,
Robert Boyd,
Hosea Ilsley,
Eliph* Dean,
Tho B Beck,
Peter Warren,
Step n M c Lellan,
Jacob Noyes,
Thomas Webster,
Nath 1 F. Fosdick,
Rich d Codman jun r
Stephen Harding,
Thomas Motley,
John Emmons,
Sam Peirson,
Enoch Preble,
Eben r Mayo,
Sam 1 Butts,
Wm Reynolds,
Tho 8 Webster,
Sam Poor,
OF THE STATE OF MAINE
269
Henry Titcomb,
John Phillips,
Apollos Gushing,
William Moody,
Tho 8 Beck,
John Waite,
Peter Warren,
Stephen Harding,
Thomas Reed,
John Baker,
Dan 1 Mussey,
Moses Noyes,
John Emmons,
Sam 1 Peirson,
Joshua Rogers,
Woodbury Storer,
Eben r Mayo,
E. Dean,
Tho 8 Beck,
William Reynolds,
George Peirson,
William Moody,
John Phillips,
E. Davis,
Tob Frost,
Zec h Nowell,
Eliph* Morss Jun r
Caleb Aspinwall
George Peirson,
Eben r Davis,
John Hobbs,
Hosea Ilsley,
Zech r Nowel,
Joshua Rogers,
Henry Preble,
Sam 1 Bryant,
Henry Titcomb,
John Philips,
Apollos Gushing,
William Moody,
Eben r Preble,
Abner Bagley,
David Bradish,
Jn Hubbard,
John Wait,
Lem 1 Moody,
Joseph Weeks,
Joseph Foss,
Jos M c Lellan Jun r ,
Sam 1 Motley,
Elex r Motley,
Ralph Cross.
Petition of Jn Baker & Others of Portland.
Commonwealth of Massachusetts
In the House of Representatives March 6, 1787.
On the petition of John Baker & others of Portland in the
County of Cumberland
270 DOCUMENTARY HISTORY
Resolved, That the Governour be, and he hereby is author-
ized and empowered, to commissionate the officers of the Cum-
berland Independent Company of Cadetts in Portland with
the following Rank Viz* The Captain with the Rank of Lieu-
tenant Colonell, and the Lieutenant and Ensign, each with
the Rank of Major.
Resolved, That the said company of Cadetts be, and here-
by are entitled to an Adjutant, and that the Govenour be,
and he hereby is authorized and empowered to commissionate
the said Adjutant with the Rank of Captain
List of Salaries.
Governor 1 1 p r annum
Secretary 250 D
Treasurer 350 D
Chief Justice Supreme Judicial Court 320 D
4 other Justices each 300 D
Commissary General 150 D
Attorney General 300 D
Committee for stating & Methodizing public
Acco ts consisting of 2 persons each 12/ p r day
Clerk to D 6/ p r day
First Clerk in Secretary's office 9/ p r day
3 other Clerks D 7/ p r day
Consolidating Clerk Treas ys office 10/ p r day
4 other Clerks D 6/ p r day
Messenger of the General Court 80 p r Anm
D Governor & Council 9/ p r day
Members
Council 8/ Senate 7/6 & House 7/ p r Day
Delegates at Congress 26/ p r Day
Clerks of the Senate and House from 135 to
140 per annum each.
Superscribed Hon ble M r Goodwin
OF THE STATE OF MAINE 271
Petition of Benjamin Libby.
Scarborough Jan y 9 1787
To the Hon bl the Legislature of the Common Wealth of
Massachusetts.
the petion of Benjimen Libby Late Soldier in Capt Amos
Lincolns Comp y humbly Sheweth that Some months after he
Rec d his Discharge he Applyed to the treasurer for a Consid-
erable part of his pay but found it was Drawn by one Daniel
Jenings who sign" his name Godfrey and your petitioner at
the Same time Apprehended Said Jenings and others who
were Concernd in the fraud and Delivered them up to the
Athority of the Commonwealth your petioner Since that time
have Resided in a Remote part of the County of Lincoln and
have not had opportunity to Apply Before now therefore your
petitioner humbly prays your honours for Consideration and
Allowence of his pay and your petioner as in Duty bound
Shall Ever pray
Benjamin Libby
This may Certafy the above Petioner Inlisted for the Term
of three years in Said Company which he Sets forth in his
petition and Serv d his term out, which his discharge Sheweth
Amos Andrews, W m Hasty j r } Select Men of Scarborough
Caskobay y e 5 th January 1784
To y e Honr 1 M r Ivers Treasurer of y e Commonwealth of
y e Massachusetts S r peas to pay to M r Benj a Barker the
Whole of My Wagers that may be found Due on Cap* Link-
horns Last Role
and you will oblige
Your Humble Sarv 1
his
Benj n X Lebey
mark
Attest John Brown
True Copy
Peter Barker
272 DOCUMENTARY HISTORY
Sur Pleas To
Deliver the within oder To Daniel Godfrey
Witness my hand
Beni" Barker
his
endors'd by Dan 1 X Godfrey Attest by Tho s Lovell
mark
A petition of Henry Dearborn And others.
To the Honorable the Senate & House of Kepresentatives in
General Court Assembled
Humbly shows your Petitioners that in the year 1782 five
of your Petitioners & one other man traveled from Hallowell
on Kennebeck River in the County of Lincoln over that large
tract of uninhabited country laying between said Kennebeck
River & Connecticut River for the purpose of exploreing the
Country & of looking out & laying a Road so as to open a
communication from one, to the other of those two Rivers,
that your Petitioners did, after exploring the aforesaid
Country, look ovr & Survey a Road from Connecticut River
to Bumbarhook on Kennebeck River, and found the distance
to be about eighty five miles, that opening the communication
between those two Rivers would be of Publick utility, and
having found that there is a very large tract of unapropriated
land between the aforesaid Rivers within this Common
Wealth your Petitioners humbly pray for a grant of two
Townships of land six miles square laying on what is call'd
Webs River (which is near the senter between the two afore-
said Rivers) upon such conditions & under such Restrictions,
as, (taking all circumstances into consideration) shall to your
Honours seem best, and as in duty bound shall pray
Hallowell January 16 th 1787-
Henry Dearborn, John Beeman,
Reuben Colburn, Samuel Jennings,
OF THE STATE OF MAINE 273
Joseph North, Carpenter Winslow,
James Craigg, Jonathan Winslow,
William Brooks, Samuel Button,
Elijah Davis, Jedediah Jewett,
Amos Pollard, Benjamin Shaw,
Samuell Pollard, Henry Smith,
David Pollard, James Fulton,
Ebenezer Byram, Dum' Sewall
Nat. B. Dingley,
In the House of Representatives Feb^ 26, 1787-
Read & committed to the Committee appointed by Resolve
of the 28 Oct 1783 on the subject of the unappropriated
lands in the County of Lincoln
Sent up for concurrence
Artemas Ward Speaker
James Gillmore & otr8 Public Creditors.
Commonwealth of Massachusetts
To the Honorable the Senate & House of Representtives in
General Court Assembled Jan 7 31, 1787
The petition of the Subscribers Humbly Sheweth
That Early in the Late war with Britain, when the
Exigencies of Government required the Expenditure of Large
Sums of Money, your peti ra Exerted themselves, to assist
Government with the Loan of their Money, taking Notes pay-
able some in the year 1781 some in 1782 & some in 1783.
In the year 1781 the Necessities of Government were so press-
ing; That a Law was made to Enable the Treasurer to bor-
row large sums of Money, in which were included the notes
payable at the above discribed Dates, & also the Notes called
19
274 DOCUMENTARY HISTORY
Depreciation Notes promising a County, Exemption from
Taxes &c But a further pay Day must be allowed, Relying
upon the Faith of Government, your Petitioners complied, &
their Notes were Consolidated by the scale of depreciation &
new Notes were received, and by the same Law an Establish-
ment was made for the payment of the Interest annually &
the Redemption of the principal in part, at Different periods,
since the Interest first became due your peti rs have received
the same untill within about two years past since which time
there has been a failure of payment, if we apply to the
Treasurer for payment which has repeatedly been the Case,
The answer is he has no Money, if we take an order upon the
officer of Excise & apply for payment the answer is the same
he has no money, and often adds that he takes none, if we
should take an order ^ipon some former Constable who is in
arrear for taxes previous to the year 1784 which the Treas-
urer wou'd readily Give we beg Leave to say that the Towns
to which we belong have long since paid or very nearly paid
all those Taxes, and we know not what Constable to apply to,
unless to one who belongs to those Counties who of Late are
Governed by Men Instead of Laws, our Success in the Latter
Case, is too obvious to need mentioning, our necessities for
the Interest of our Money is pressing, but the anxiety of our
Minds for the Faith, Credit & Even Existance of the Govern-
ment & its Constitution, are still more painfull, we profess
our selves to be its faithfull Friends & to obey its Constitu-
tional Commands with our best services, and we now most
humbly Implore your Honours attention to our necessities &
grant such Relief in the premises as to your Honors Shall
seem meet
And as in Duty Bound Shall ever pray
James Gillmor, Sam 1 Fisher,
David Gillmore, Lewis Whiting,
John Pierce, Nathan Daniels Jr in Behalf
OF THE STATE OF MAINE 275
Isaac Heaton, of Three Orphan Children,
David Lawrence, Robert Blake,
Elizabeth Thurston, Elisha Man,
Asa Pond Jabez Fisher,
Elijah Wave, James Metcalf,
John Whiting, Asa Fairbanks,
Simeon Fisher, Asa Fairbanks Jun r
Joseph Fisher, Mary Whiting,
Hezekiah Fisher, Daniel Farrington,
Betty Pond, Jesse Ware,
Ebenezer Lawrence, Noah Heaton,
Eben r Metcalf, Jabez Fisher Jun r
Hannah Metcalf, Phinehas Ware,
Joseph Harding, Joseph Whiting,
James Woodward, Pelatiah Fisher,
Joseph Hawes, Sam 1 Fisher
David Man,
An Act defining the times and places Where Certain Courts
Shall Sit, &c.
Commonwealth of Massachusetts
In the Year of Our Lord one thousand seven hundred and
eighty six
An Act for determining at what times and places the sev-
eral Courts of General Sessions of the peace, and Courts of
Common pleas shall be held within and for the several
Counties within this Commonwealth, and for repealing all
Laws heretofore made for that purpose
Be it enacted by the Senate and House of Representatives,
in General Court assembled, and by the Authority of the
276 DOCUMENTARY HISTORY
same, that all the Laws heretofore enacted, and now in force,
determining the times & places for holding the several Courts
of General Sessions of the peace, & Courts of Common pleas,
within and for the several Counties in this Commonwealth
be, and are hereby repealed.
And be it further enacted by the authority aforesaid, that
the times and places for holding the Courts of General Ses-
sions of the peace and Courts of Common pleas within and
for each County in this Commonwealth Shall from and after
the first day of January next be as follows Viz* Within
and for the County of Suffolk, at Boston, on the first Tues-
day in January, the third Tuesday in April, and the first
Tuesday in October: Within and for the County of Essex,
at Newburyport the first Tuesday in April; at Ipswich the
first Tuesday in September and at Salem the first Tues-
day in December. Within and for the County of Middlesex
at Groton on the second Tuesday of March, at Concord on
the second Tuesday of September ; and at Cambridge on the
last Tuesday November. Within and for the County of
Hampshire at on the second Tuesday of
at on the last Tuesday of
and at on the second Tuesday
of Within and for the County of Plymouth ;
at Plymouth on the second Tuesday of April, and the last
Tuesday of October. Within and for the County of Barn-
stable ; at Barnstable, on the first Tuesday of April, and the
first Tuesday of November. Within and for the County of
Bristol, at Taunton, on the second Tuesday of March, and
the second Tuesday of September. Within and for the
County of York, at York on the second Tuesday of April;
and at Biddeford on the second Tuesday of October. With-
in and for the County of Dukes County, at Edgerton on the
first Tuesday of March, and at Tisbury on the last Tuesday
of October. Within and for the County of ISTantucket, at
OF THE STATE OF MAINE 277
Sherburn, on the last Tuesday of March and the first Tues-
day of October. Within and for the County of Worcester,
at Worcester on the last Tuesday in March ; on the first Tues-
day in September, and the first Tuesday in December.
Within and for the County of Cumberland, at Portland on
the last Tuesday in May, and the last Tuesday in October,
Within and for the County of Lincoln at Hollowell on the
second Tuesday in January; at Pownalborough on the first
Tuesday in June ; and at Waldoborough on the second, Tues-
day of September. Within and for the County of Berkshire,
at on the Tuesday of
And whereas a General attendance of the Justices of the
peace on the Courts of General Sessions of the peace, within
and for the several Counties in this Commonwealth at every
term for holding the said Courts, is expensive & unnecessary
Be it therefore further enacted by the Authority aforesaid,
that from and after the first day of January next, no justice
of the peace (other than the Justices of the Courts of Com-
mon pleas and special Justices of that Court and Justices of
the quorum shall receive any pay for travel or attendance on
any Court of General Sessions of the peace within this Com-
monwealth, at any other term, than the term which now is
or shall hereafter be disignated by Law, for granting Licenses
to Innholders and retailers.
In Senate Nov. 15 th 1786
Read & sent down
Sam 1 Phillips jun r Presid*
In the House of Representatives Nov r 17, 1786
This Bill having had three several Readings passed to be
Engrossed as taken into a new draught
Sent up for concurrence
Artemas Ward Speaker
278 DOCUMENTARY HISTORY
Commonwealth of Massachusetts
In Senate February 1787
The Committee of both houses to whom was Committed
the Act passed the last Session of the Sessions of the General
Court for rendering processes in law less expensive and
also the Bill for determining at what times and places the
Several Courts of General Sessions of the peace and Courts
of Common pleas shall be held within the several Counties
within this Commonwealth have attended the service and
ask leave to report the following Bills which are Submited
Elisha May p r order
Commonwealth of Massachusetts }
In the House of Representatives Feb y 7, 1787.
Ordered that M r Frothingham, M r Ward of Salem, and
M r Gorham with such as the Hon. Senate may join be a
Committee to revise the law passed the last Session for ren-
dering processes in law less expensive; and that the Bill for
determining at what times and places the several Courts of
General Sessions of the peace, and Courts of Common Pleas
shall be held within the several Counties within this Com-
monwealth & c be committed to the said Committee
Sent up for concurrence
Artemas Ward Speaker
In Senate Feb y 7, 1787.
Read & concurred & Elisha May and Abel Wilder Esq re
are joined
Sam 1 Phillips jun r Presid 1
OF THE STATE OF MAINE 279
Bill for Regulating the Commencement of the Year.
Common Wealth of Massachusetts
In the year of our Lord on Thousand Seven hundred and
Eighty four
An act for Regulating the Commencement of the year and
for Correcting the Calendar
Whereas the Indian Calendar, by reason of the encreasing
errors of it, has been discontinued: and it being necessary
that the new Supputation of the Civil year, which has been
Substituted instead thereof, should be Established by Law.
Be it enacted by the senate and House of Representatives
in General Court assembled, and by the authority of the same,
that the new Supputation -of the civil year, by which the first
day of January in Every year, is made the first day of the
year, shall be, and hereby is ordered to be, received, adopted,
Continued, and used in this Common Wealth, in all future
time: and the Several months of the year and the several
days of Each month, shall be Called, Reckoned, and num-
bered, by the names, and according to the order, and suc-
cession of months and days, now used in the present Calendar.
And for the Continuing and preserving the Calendar, or
method of reconing and Computing the days of the year, so
that the Vernal or Spring Equinox may in future happen on
or about the Twenty first day of March
Be it further Enacted by the authority aforesaid, that the
Several years of our Lord one Thousand Eight hundred, one
Thousand Nine hundred, Two Thousand one hundred, Two
Thousand Two hundred, Two Thousand three hundred, or
any other hundredth year of our Lord which Shall happen
in time to Come, Except only Every fourth hundredth year
of our Lord, whereof the Year of our Lord Two Thousand
shall be the first, Shall be Esteemed or taken to be Common
years, Consisting of Three hundred and Sixty five days and
280 DOCUMENTARY HISTORY
no more ; and that the years of our Lord Two Thousand, Two
Thousand four hundred, Two Thousand Eight hundred, and
Every other fourth hundred year of our Lord from the said
year of our Lord Two Thousand Inclusive, and also all the
other years of our Lord which by the present Supputation are
Esteemed to be Bissextile or leap years, shall for the future,
and in all times to come, be Esteemed and Taken to be Bis-
sextile or leap years, Consisting of Three hundred and Sixty
Six days, in the same sort and manner as is now used with
Respect to Every fourth year, of which the year of our Lord
one Thousand Seven hundred & seventy Six, the Glorious era
of the Independence of the United States of America may be
reconed as the first.
In the House of Representatives June 22 d 1784
This Bill having h^d three several Readings passed to
be Engrossed
Sent up for concurrence
Sam A. Otis Spk r
In Senate Feb y 18, 1787
This Bill having had two several readings, passed to be
Engrossed
sent down for concurrence
Sam 1 Phillips jun r Presid*
Petition of Inhabitants on the Easterly side of Androscoggin
River.
To the Honourable Senate and House of Representatives of
the Common Wealth of the Massachusetts In General
Court Assembled
The petition of the Inhabitants and Settlers of a plantation
on the Easterly side of Ammarascogging River and More
OF THE STATE OF MAINE
281
than five Miles above the great; falls on said River and Laying
Between the plymouth patent grant and the above said Am-
mariscoging River Humbly Sheweth
That Whereas Your petitioners Have gone on to the above
Discribed Land and Made Some Improvements and En-
countered the Difficulties that naturaly arise In the first
Cultivation of a New Plantation and therefore renders it of
use to the Common Wealth therefore your Humble petitioners
would pray that in your wisdom you would see Cause to
make provision for the Settlers in the grant of Said Land to
any proprietor or proprietors and that the said petitioners
May Have an opertunity to purchase their Lots on such
terms as the general Court In their Wisdom Shall be proper
or as the other Lands Have Ben sold for the adjacent planta-
tions In the County of Cumberland and Lincoln and ISTot to
Be under any obligations to any proprietor Who May Here-
after Have a grant of the above said plantation and Whereas
your petitioners Having Had Information that Coin 1 Little
Claims the above Said Land & that the Matter May be Brougt
to an Issue as soon as Convenantly May Bee that your
Humble petitioners May govern themselves accordingly; is
our further prayer, as Wee are Ever Bound In Duty to
pray.-
October 30 th 1786
Jairus Phillips,
Isaac Phillips,
John Whitting,
Joseph Crocker,
Abel Crocker,
Jacob Astn,
Abnar Brown,
Benja Rackley,
Eli Herrick,
Samuel Herrick,
John Jennings,
Jivah Fish,
Ichabod Phillips,
Prince Dunsick,
Edward Jones,
Be[ ]ah Samson Jun r
Zoar Samson,
Jame Samson,
Daniel Lane,
Daniel Lane Jun,
282
DOCUMENTARY HISTORY
John Larrabee,
Moses Brown,
Benjamin Brown,
Eleazer Allen Pinkham,
John Mower,
Stephen Twiss,
Stephen Larrabee,
Benjamin Merrille,
Abner Merrill,
Elisha Pinkham,
Jacob Stevens,
Lemuel Comins,
John Butler,
John Daggett,
Benjamin Cole,
Thomas Stevens
Jarimiah Whitney,
Asariah Barker,
Jorge Bearry,
Caleb Dodge,
Giddins Lane,
Adams Royall,
Thomas Francis,
Marshfield True
Paul Solomon Millet,
Morgan Browster,
[ ] Drake,
Joseph Samson,
Benjamin Alden,
Samuel Gillant,
Henry Gilbert,
Daniel Child,
John pumpilly
Abithar Briggs
Edward Adams,
Zeba Smith,
Libeas Bailey,
Lemuel Dwelly
Barnabas Perry,
Barnard pumpilly
Feb y y e 28 th 1787 the Committee of Both Houses to whose
Consideration the within petition was reffered, having Ex-
amined the same, ask Leave to report that the Further Con-
sideration thereof be reffered to the next General Court, which
is Submitted
Sam 1 Baker p r Order
Mem of John Sullivan for app t of Comm rs to examine A/C 8
&c of Sam 1 Lord 3 d deceased.
Commonwealth of Massachusetts
In the house of Representatives February 13 th 1787.
On the Memorial of the hon ble John Sullivan Esq r of Dur-
ham in the State of New hampshire, praying that Com-
OF THE STATE OF MAINE 283
missioners may be appointed to examine certain accounts
against the Estate of Samuel Lord, the third, of Berwick in
the County of York deceased, Intestate, or to empower the
supreme judicial Court to appoint such Commissioners or to
give such other Relief, for reasons sett forth in said Petition,
as the general Court may deem just and equitable.
Ordered, That the said John Sullivan serve the Heirs of
the said Samuel Lord, deceased, with a true Copy of the said
Petition; and of the Papers accompanying it, and also, of
this order thereon, at least fourteen days previous to the next
setting of the general Court ; and that the said Heirs be noti-
fied to appear on the second Wednesday of the next Session
of the general Court, to shew cause why the Prayer of the
said Petition should not be granted.
Sent up for concurrence
Artemas Ward Speaker.
In Senate Feb y 15 th 1787-
Read and concurred
Sam 1 Phillips jun r Presid 1
To the Hon ble Senate & house of Representatives now sitting
at Boston within & for the Commonwealth of Massa-
chusetts in February 1787-
The Memorial of John Sullivan of Durham in the County
of Straff ord & State of New Hampshire Esq r Humbly sheweth
That your Memorialist in Oct r 1773 at the request of Lydia
Lord, relict of Sam 1 Lord 3 d late of Berwick in the jCounty
of York Trader deceased intestate, joined with her in the
administration upon s d intestates estate That the said Sam 1
at the time of his death was possessed of only a small real &
personal estate exclusive of some notes of hand which were
a little before the death of the said Samuel transfered to him
284 DOCUMENTARY HISTORY
in right of the said Lydia as her proportion of the personal
estate of her father Thomas Wallingford Esq r deceased by
indorsement of the Administration of her said fathers estate
- That the said Sam 1 left six children all minors & most of
them in a state of Childhood at the time of his decease
That your memorialist immediately after administration was
granted caused an inventory to be made of all the real & per-
sonal estate of the said Samuel, & used every possible exer-
tion to complete the settlement of his accounts which were
very numerous That before a settlement of s d estate could
possibly be completed the contest between Great Britain &
America took place, & warm recommendations were sent from
the friends of American freedom to every quarter, urging the
necesity of avoiding suits at Law until a settlement of the
controversy should take place; in consequence of which al-
most a total stop was soon after put to the recovery of debts
That in the year 1774 your memorialist was called to
Congress as a Member returned home only for a short time,
& served again in 1775, until he was called upon to join the
American army, where he remained till Decem r 1779 That
the said Lydia during his absence married John Costelloe who
with her undertook the support & education of the children
& laid out great sums of money therefor without taking out
letters of guardianship or even conceiving it necessary And
your memorialist being constantly engaged in the service of
his Country had no opportunity of advising them what to do
or of knowing what they had done
The said John & Lydia also made some efforts towards
settling the estate but certain Acts which made paper money
a tender in this & the neighbouring States for a number of
years when paper bills were in a very depreciated state induced
them to forbear making demands & bringing actions & sub-
jected them to great loss upon such sums as they were com-
pelled to receive from persons who by virtue of those Acts
OF THE STATE OF MAINE 285
tendered them the paper bills when they were not in fact
worth a quarter part of the nominal sum in silver money, that
since the conclusion of the war your memorialist has made
repeated efforts to settle with the now surviving heirs of the
said Samuel Lord most of whom have arrived to twentyone
years of age, but they refuse to allow any thing for the main-
tenance & education of the minors to make any consideration
for the loss on the monies received or to submit the same to
the judgment of judicious & disinterested persons Your
memorrialist thus circumstanced was compelled to exhibit an
account to the Judge of probate for the County of York,
charging for the support of the minors & for their education,
in the Administration account against the estate, but the
Judge of probate refused allowing anything, on account of
letters of guardianship not having been taken out & because
he supposed each minor ought to be answerable for his own
education & maintenance out of his own particular share, &
decreed accordingly, from which Judgment an appeal was
taken to the Sup r Court to be holden at York in June next,
when a final Judgment is to be given thereon And should
the Superior Court determine that no allowance can be made
but to guardians for maintainance & education, according to
the rigid rules of Law however just & equitable the claims
may appear, Your memorialist will be compelled after having
Judgment rendered against him to involve himself in a num-
ber of expensive Law suits to obtain satisfaction from the
respective heirs: And even after Judgment it is far from
being certain that satisfaction could be obtained Your memo-
rialists is convinced that your honors would not willingly
suffer him to be injured & perplexed when he has so equitable
a claim against the heirs & which he was prevented from
rendering strictly legal by attending to that service which
his Country demanded from him
286 DOCUMENTARY HISTORY
Your memorialist would not trouble your honors with his
request if a Court of Chancery was established in this Com-
monwealth, or if any other Court was cloathed with power of
a Court of Chancery, as then a number of expensive & tedious
lawsuits might be prevented & the whole settled by one just
& equitable decision
Your memorialist therefore humbly prays that an Act or
resolve may be passed empowering three or more Commis-
sioners to examine the whole affair, to make such allowance
for maintenance, education & loss by depreciation as shall
appear just & equitable, & give to the respective heirs their
full proportion of the estate of the said Samuel, or that your
honors will empower the Superior Court to appoint such
Commissioners with ample powers, or grant your memorialist
such other relief, as y*>ur wisdom shall direct & your memo-
rialist as in duty bound will pray
John Sullivan
February 7 th 1787-
Commonwealth of Massachusetts
In the House of Kepresentatives 13 th February 1787-
On the memorial of the Honorable John Sullivan Esq r of
Durham in the State of New Hampshire praying that Com-
missioners may be appointed to examine certain accounts
against the estate of Samuel Lord the third of Berwick in the
County of York deceased intestate or to empower the Supreme
Judicial Court to appoint such Commissioners or to give such
other relief for reasons set forth in said petition as the gen-
eral Court may deem just & equitable
Ordered that the said John Sullivan serve the heirs of the
said Samuel Lord deceased with a true copy of said petition
& of the papers accompanying it & also of this order thereon
at least fourteen days previous to the next sitting of the gen-
eral Court; and that the said heirs be notified to appear on
OF THE STATE OF MAINE 287
the second Wednesday of the next session of the General
Court to shew cause why the prayer of the said petition should
not be granted
Sent up for concurrence
Artemas Ward Spk r
In Senate 15 th February 1787
Read & Concurred
Samuel Phillips jun r Presid*
A True Copy Attest
Samuel Cooper Clk to the Senate
Administration Account of the estate of Samuel Lord the
third deceased, in the hands of John Sullivan & Lydia Cos-
telloe (Wife of M r John Costelloe) Administrators of s d
Estate
The Administrators charge themselves with the following
articles, Viz
To all the personal Estate of the said intestate 544- 6- 8
To two thirds of the income of the real estate |
from the 22 d of July 1773 @ 6 p r annum J 51
To ballance rec'd from Noah Ricker 1 3 4
To D from Benf Gubtail 1-15- 2
To D from Joseph Pray 111
To D from W m Hooper 5-4-4
To D from Robert Archabold -19- 1
To D from Moses Austin 14- 8
605- 5- 2
To D from Joseph Hamilton 1-1 9-
To D from Joseph Marrow 7-18
To 7000 of shingles rec d from J Marrow 3-10
To ballance recd from Benj n Abbott 12- 3
To D from Samuel Jones 18-8
288 DOCUMENTARY HITSOKY
To D from Lemuel Courson 2
To D from John Goodwin 1-13- 3
To D from Ichabod Corvell 10- 5
18 .. 12 ..
To D from Thomas Abbot 7-14- 1
To D from Disco Nocke 15-6
To D from William Gubtail 3- 3
To D from Kichard Door 4- 1
To D from Joshua Hodsdoii 1- 8- 5
To D from Joshua Abbot 2- 5- 1
To D from Joshua Tebbets 2- 7
To ballance reed from Jam 8 Bracket 6-
12-19
To D from Jacob Lord - 4- 5
To D from Sam 1 Gubtail 2-4-3
To D from Abiel Hamilton 3-15-
To D from Robert Tate 9-15- 4
To D from Tobias Lord 37- 5- 5
To D from Israel Hodsdon 10- 7
To D from Moses Hodsdon 9- 2
To D from Joseph Hardison 9- 7
54-13- 9
To ballance of Isaac Brackets Note ..6-8
To reed of Thomas Heard 3- 9- 2
To D from Benj n Heard 9-19- 9
13-15- 7
To Cash rec d on Isaac Hansons Mortgage 705- 6-
Ballance due the Administrators 989- 9-10
1694-15-10l/ 2
OF THE STATE OF MAINE 289
The said Administrators pray an allowance for
the following Articles Viz To 2 men 11 days
searching for the body of the intestate & find-
ing them @ 6/ pr day 6-12
To boat hire 11 days for D 2/5 p r day 1- 6- Y
To a Coffin 12/ digging a grave 1- 4
To pd for ringing Bells, fixing graves stones &c 16
To Gravestones & transporting them 2 8
To Sundry articles of mourning bought by M r }
Wood of M r Jn Penhallow p r rec* (N 1) } 2- 8-10
To p d M r Dan 1 Wood for lines hooks &c (N 2) 1-14- 3
To 12 y ds Bomazine for gown @ 3/ p r y d 1-16
18- 7- 6
To p d M r Dav d Moore for Articles of mourning
(N 3) 5-4-6
To p d Tho 8 Noble for making 2 suits of mourn- )
ing & finding him ) 1- 4
To paid for grapling hooks &c 3-12
To paid M r David Moor for 4 y ds of stuff for ]
gown for Nancy Lord for mourning @ 4/9 } 19
p r (N 4) J
To paid Jon a Ricker 2-13- 2
To paid Sam 1 Stillings 9- 2
To paid David Nichols 13- 9
To paid Daniel Wood 1-16- 6
16-12- 1
To p d Journey to York to take out letters of ]
Administration, horse hire, & expences 48/ & } 3
paid Judge & Register 12/ J
To day attend 5 on appraisers & finding them 1 4
To Jn Costelloes Acct for repairs 16- 8- 8
20
290 DOCUMENTARY HISTORY
I
To paid Joseph Prime 2- 6- 8
To p d Joseph Marden's ballance 5.
To paid Doc r Carrs D 17-10
To paid Jn Gorvells ballance 14- 7
To paid John Tucker's ditto 2-17- 7
27- 9- 4
To paid Tristram Heards D 8
To paid Benf Stanton's D 8l/ 2
To p d Paul Ford's ballance 7- 8
(N 8) To paid Sam 1 Furbish's D 11- 5
(N 9) To paid John Tucker's D 2- 6- 3
(N 10) To paid Paul Lords D 6-18- 4
(N 11) To p d M r Jacob Sheafer Ace 1 15-10- 7V 2
25- 5-
To paid Cap 1 George Boyd's Note 77
To one third of the personal Estate 181- 6-
To schooling, boarding, cloathing & maintain- |
ing Samuel Lord son of the Intestate 2 years $ 64- 8
To boarding, cloathing & supporting Nancy
Lord daughter of the intestate from 17 th May
1773 to the 17th of May 1780 @ 12/ pr week 218- 8
541- 2- 8
To boarding, cloathing & supporting Charlotte ]
Lord daughter of intestate from 17 th of May |
1773 to the 17 th of April 1782 being 464}- 278- 8
weeks @ 12/ p r Week J
To boarding, clothing, & supporting George
Lord son of the intestate from the 17 th of May
1773 to the 17 th day of May 1780 being 364
weeks @ 12/ pr week 218- 8
OF THE STATE OF MAINE 291
To boarding, Cloathing & supporting Lydia ]
Lord Daughter of the intestate from the 17 th |
of May 1773 to the 17 th of April 1782464 }>278- 8
weeks @ 12/ p r Week J
To boarding, cloathing & supporting Isaac Lord
son of the intestate from the 17 th of May 1773 to
the 17 th of April 1782464 weeks @ 12/p r week 278- 8
1053-12
To paid M r Joshua Pray 17- 9l/ 2
To paid Paul Welch 2-4-8
To paid Nathan Lord Jun r 1-18- 6
To paid Eben r Hanson 15-6
To paid James Gubtail 1-18- 6
To paid Thomas Abbot 3 d 1- 5
To paid Joshua Hubbard 9
To our time & expences several times attend- }
ing Probate Court to exhibit this Ace 1 &c f 2- 8
To probate fees on this account 9- 8
12.. 6.. 71/2
1694..15..10i/ 2
John Sullivan
John Costelloe
Lydia Costelloe
York Ss [ At a Court of Probate held at York 31 8t of August
1786 The foregoing account having been for some time un-
der my consideration, & being now sworn to by the said John
Sullivan & being examined I do disallow of the charge made
therein of one third part of the personal estate amounting to
181 6 8 becaus I do not find any law that impowers
292 DOCUMENTARY HISTOKY
Administrators as such to appropriate the personal estate, or
any particular part or proportion of it to their own use nor
do I find that the Widow of an intestate is intitled to one
third part of the personal estate until after the payment of
debts &c I also disallow of the several articles charged for
boarding, cloathing & supporting Samuel Lord & other chil-
dren amounting to 1336 .. 8 because it seems to me that on the
death of an intestate his estate immediately vests in his widow
& children, in the proportion the law prescribes subject to the
claims & creditors & the necessary expences arising in trans-
acting the settlement of the estate: that if I allow these
articles for the supporting & maintaining the Children out
of the estate at large it will be in effect making a different
distribution of the estate, than the law directs, for it appears
to me, that each Child, if it needs support & maintenance ought
to have it from its own particular share or part of the estate
I also disallow of the charge of 77- as paid George Boyd,
there appearing no voucher for the same The other charges
in the Deb 1 side of said account, amounting to 100- 1-2^
being duly vouched are allowed: which makes a ballance of
six hundred & four pounds four shillings & ten pence in the
hands of the Administrators, for which they are accountable
Joseph Simpson Judge
The said John Sullivan claimed an Appeal from this de-
cree, unto the next Supreme Court of probate to be held for
this County, which was granted & at the same time filed his
reasons of appeal in the probate office, & gave bonds in the
sum of twenty pounds with two sureties viz Paul Dudley
Woodbridge & William Frost to prosecute the said appeal
with effect
Attest Daniel Sewall Regis r
Eeasons of Appeal from the decree of the Judge of probate
upon the Administration account of the estate of Samuel
OF THE STATE OF MAINE 293
Lord the third, late of Berwick in the County of York de-
ceased intestate, Viz,
First' That the Judge has disallowed the several charges
for support & maintenance of the children while Minors,
which ought to have been allowed
2 dly That the Judge has disallowed the charge to the Widow
which she makes, of one third of the personal in her favour,
when he has allowed the charge against her for the whole of
the personal estate
3 dly Because the Judge has disallowed many charges in the
account which ought to have been allowed & has curtailed
many others, which ought to have been allowed in full
John Sullivan
in behalf of himself & Lydia Costelloe Administrators
York, 31 st August 1786-
York Ss August 31 st 1786 Then received the following
reasons of Appeal & filed the same in the Probate Office
Attest Daniel Sewall Reg 1 "
Copied from the original, by Daniel Sewall Register
Know all Men by these presents, that we John Sullivan of
Durham in the County of Stafford & State of New Hamp-
shire Esq r principle, & Paul Dudley Woodbridge Gentleman,
and William Frost Esq r both of York in the County of York,
as sureties, both within the Commonwealth of Massachusetts
are hold en & stand firmly bound & obliged unto Joseph
Simpson Esq r Judge of probate of Wills, & granting Admin-
istration within the County of York in the full sum of twenty
pounds, in lawful money of said Commonwealth, to be paid
unto the said Joseph Simpson, his Successor in the said Office
or Offices To the true payment whereof we do bind our-
self & each of us, our & each of our heirs Executors & adminis-
trators, jointly and severally, for the whole & in the whole,
294 DOCUMENTARY HISTORY
firmly by these presents Sealed with our seals Dated the
thirty first day of August Anno Domini One thousand
seven hundred & eighty six
The Condition of this present obligation is such that where-
as the above bounded John Sullivan Esq r hath claimed an
Appeal from a decree this day passed by the Judge of Probate
or an Administration Account, exhibited by the said John
Sullivan & others against the estate of Samuel Lord the third
late of Berwick in said County Merchant deceased intestate
in which decree a great part of the said Administration ac-
count is disallowed Now if the said John Sullivan, shall &
do prosecute the said Appeal with effect at the next Supreme
Court of Probate to be held at York, within & for the County
of York aforesaid and shall also pay all intervening Costs
& damages to the heire of the said Samuel Lord deceased, in
case the said Decree shall not be altered or reversed, without
fraud or delay, then this Bond to be void & of none effect;
otherwise to remain in full force & virtue
Jno Sullivan [Seal]
Paul D Woodbridge [Seal]
W m Frost [Seal]
Signed sealed & delivered in presence of
Oliver Teal, Norton Woodbridge
York Ss Eec d 31 st of August 1786 and filed in the Pro-
bate Office
Attest Daniel Sewall Register
Copied from the original by Daniel Sewall Register,
True Copy Attest Sam 1 Cooper to the Senate
York Ss May 2 d 1787 Then Jer e Folsom personally ap-
peared and made solemn oath that he Left a paper whereof
These three sheets contain an Exact Copy attested by Sam 1
OF THE STATE OF MAINE 295
Cooper Clerk to the senate with Joseph parsons of Parsons
field who married a Daughter of Sam 1 Lord the 3 d Deceased
and another which appeared to be a Copy of That Copy with
David Hobbs who married another Daughter of the said
Samuel Lord & Lives in said Parsons field that he the De-
ponent examined said Copies & found them to correspond with
this & that he Left a true Copy at Each of the Dwelling
Houses of the aforesaid Parsons & Hobb on the 2d Day of
May 1787
sworn before me
Jon a Kinsman Jus* pac s
Durham in New Hampshire May 31 st 1787
Sir
I have The honor to Inclose you for the perusal of the
honorable General Court a Copy of my memorial with the
order of Court and any affidavit Thereon of the service on two
of the heirs of Samuel Lord deceased. There is one other
Daughter married to an osborne who lives somewhere in the
County of Cumberland I did not suppose it necessary to serve
them all ; of Course he was not served ; but I presume that he
was instantly notified by the others a son of the Deceased
by the name of George. The Administrators have paid off
and Taken a release in full we could not therefore suppose it
necessary to notify him; a Younger son called Isaac is now
under our care at a Salem school in the Country at a Distance
where he has resided for some time he is a minor & I could
see no use in serving him with a Copy nor could I suppose it
necessary by the order of Court to Leave more than one Copy.
I hope the service made will therefore be agreable to the senti-
ments of the Hon ble House. I now find myself under the painful
necessity of asking the favor from the Courts to put over the
hearing untill their next session It unfortunately happens
296 DOCUMENTARY HISTOEY
That The day appointed for the hearing is on the Day of our
Election in this state and I need not inform you That it is not
possible for me to attend the hearing at that time or at any
time during our June Sessions and without my being present
it will be impossible That the honorable Court Can have the
matter fully explained to them & the Difficulties attending
The Administration clearly pointed out I therefore beg That
the hearing may be postponed to the next session at which
time I will appear in person & I flatter myself be able to con-
vince The honorable Court that it is not possible to have the
Estate of M r Lord settled with Justice to the Administrators,
& heirs in the common Course of Law. Your honors can
easily discover the
