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Full text of "Documentary history of the state of Maine .."

F16 
IVI28ci 
V. S 




iflntne (^cucnlogicol Societn, 

PORTLAND, MAINE. 



Accession 

No SOlO BY THE 
Waine Genealogical Society. 



C\-nrx^ .'... 



COLLECTIONS 

OP THE 

MAINE Historical society 

SECOND SERIES 



DOCUMENTAEY 

HISTORY OF THE STATE OF MAINE 

VOL. VIII. 

CONTAINING 

The Farnham Papers 

1698 — 1871 

COMPILED 
By miss MARY FRANCES FARNHAM 



M«iifB«B OP THE Oregon Historical Socibtt and or 
TEE Amebican Historicai. Society 



PtJBLISHED BY THE MAINE HLSTORICAL SOCIETY, AIDED BY 
APPROPBIATION8 FKOM THE STATE 



PORTLAND 
THE LEFAVOR- TOWER COMPANY 

19 2 



MAY '^' 1902 

PRGr ... , I OF THE 

•miKK GENEALOGICAL SOCIETY, 

INCORPORATED 1884. 



F15 
fvi2dd 



TABLE OF CONTENTS. 



XCIV. Ratification of the Grant to Sieur de la Mothe Cadil- 
lac, by Louis XIV. of France, May 24-June3, 1689, 1 
XCV. Extracts from the Charter of Massachusetts Bay, by 

William and Mary of England, October 7-17, 1691, 3 

XCVI. Covenant of Lands with Sir William Phips, by Madok- 

awando. Sagamore of Penobscot, May 9-19, 1694, 11 

XCVII. Extracts from Commission Establishing Board of 

Trade, by William III. of England, May 15-25, 1696, 15 
XCVIII. Report in Favor of a Captain-General for the Colonies, 
by the Board of Trade, February 25-March 7, 

1696-7, 19 

XCIX. Extracts from Commission to Earl of Bellomont, by 

William III. of England, June 18-28, 1697, . . 25 
C. Extracts from the Peace of Ryswick, betvireen William 
III. of England and Louis XIV. of France, Septem- 
ber 10-20, 1697, 28 

CI. Extracts from the Peace of Utrecht, between Queen 
Anne of England and Louis XIV. of France, March 

31-April 11, 1713, 32 

CII. Explanatory Charter of Massachusetts Bay, by George 

I. of England, August 26-September 6, 1725, . 36 

CIII. Commission to Colonel Phillips as Governor of Nova 
Scotia, by George I. of England, September 11-22, 

1728, 41 

CIV. Extracts from Decision on the Northern Boundary, 
between Massachusetts and New Hampshire, by 
George II. of England, August 5-16, 1740, . . 46 
CV. Extracts from the Treaty of Aix-la-Chapelle, between 
George II. of England and Louis XV. of France, 
and the States General, October 18, N. S., 1748, . 50 
CVI. Extracts from the Peace of Paris, between George III. 
of England and Louis XV. of France, February 10, 

1763 55 

CVII. Extracts from Proclamation Erecting the Province of 

Quebec, by George III. of England, October 7, 1763, 59 



495092 



VI 



CONTENTS. 



CVIII. Extracts from the Quebec Act, by The Parliament of 

Great Britain, June 18, 1774, 62 

CIX. Extracts from the Constitution of the Commonwealth 
of Massachusetts, ratified by the People, October 

25, 1780, 65 

ex. Extracts from the Definitive Treaty of Peace, between 

United States and Great Britain, September 8, 1783, 72 
"- CXI. Act Confirming Treaty ■with the Penobscot Tribe of 
Indians, by the General Court of Massachusetts, 

October 11, 1786, 80 

CXII. Lottery Act for the Sale of Eastern Lands, by the Gen- 
eral Court of Massachusetts, November 14, 1786, . 82 
CXIII. Grant of Lands at Mt. Desert to Madame de Gregoire, 

by the General Court of Massachusetts, June 29, 1787, 89 
CXIV. Report on New Hampshire Boundary Line, by the 

Committee on Waste Lands, January 6, 1790, . 91 

CXV. Deed of Eastern Lands to William Bingham, by the 

Commonwealth of Massachusetts, January 28, 1793, 94 
— CXVI. Treaty with the Passamaquoddy Tribe of Indians, by 
the Commonwealth of Massachusetts, September 

29, 1794, 98 

CXVII. Extracts from Jay's Treaty, between the United States 

and Great Britain, November 19, 1794, ... 102 
CXVIII. Explanatory Article to Jay's Treaty, by Commission- 
ers of the L^nited States and Great Britain, March 

15, 1798, 108 

CXIX. Declaration under the Fifth Article of Jay's Treaty, 
by the Commissioners of the United States and 

Great Britain, October 25, 1798 Ill 

CXX. Extracts from the Treaty of Ghent, between the 

United States and Great Britain, Deceml)er 24, 1814, 114 
CXXI. Decision with Declaration, under the Fourth Article of 
the Treaty of Ghent, by the Commissioners of the 
United States and Great Britain, November 24, 1817, 123 
-~ CXXII. Treaty with the Penobscot Tribe of Indians, by the 

Commonwealth of Massachusetts, June 29, 1818, 127 
CXXIII. Extracts from the Convention for Rights of Fishing, 
between the United States and Great Britain, Octo- 
ber 20, 1818, 132 

CXXIV. Act Relating to the Separation of Maine from Mas- 
sachusetts Proper, by the General Court of 
Massachusetts, June 19, 1819, .... 135 



CONTENTS. 



VU 



PAGE. 
CXXV. Proclamation for a Constitutional Convention, by 
His Excellency, John Brooks, Governor of the 
Commonwealth of Massachusetts, August 24, 

1819, 150 

CXXVI. Constitution of the State of Maine, Adopted by the 

People, January 5, 1820, 158 

CXXVII. Act Additional to the Act of Separation, by the 
General Court of Massachusetts, February 25, 

1820, 196 

CXXVIII. Act for Admission of the State of Maine into the 
Union, by the Sixteenth Congress of the United 

States, March 3, 1820, 199 

CXXIX. Arms and Seal of the State of Maine, Adopted by 
the First Legislature of the State of Maine, June 

9, 1820, 200 

-^ CXXX. Treaty with the Penobscot Tribe of Indians, by the 

State of Maine, August 17, 1820, . . .204 

CXXXI. Act for Compensation of Commissioners under the 
Act of Separation, by the Third Legislature of 
the State of Maine, February 6, 1822, . . 208 

CXXXII, Agreement for Adjusting the Personal Concerns 
betvFeen the Two States, by the Commissioners 
under the Act of Separation, May 25, 1822, . 211 
CXXXIII. Division of the Public Lands, by Commissioners 

under the Act of Separation, December 28, 1822, 215 
CXXXIV. Cession of Lands to the State of Maine for Support 
of the Indians, by Commissioners under the Act 
of Separation, December 28, 1822, . . . 234 
CXXXV. Report of Location of the Seat of Government, 
by a Committee Appointed by the Legislature, 

January [13], 1823, 237 

CXXXVI. Further Division of the Public Lands, by Commis- 
sioners under the Act of Separation, May 21, 1823, 239 
CXXXVII. Further Division of the Public Lands, by Commis- 
sioners under the Act of Separation, December 

31, 1825, 248 

CXXXVIII. Further Division of the Public Lands, by Commis- 
sioners under the Act of Separation, December 28, 

1826, 254 

CXXXIX. Convention for the Settlement of Boundaries, be- 
tween the United States and Great Britain, Sep- 
tember 29, 1827, 258 



Vlll 



CONTENTS. 



CXL. Further Division of the Public Lands, by Commis- 
sioners under the Act of Separation, November 

7, 1827, 264 

OXLI. Resolve in Relation to Aggressions upon the North- 
eastern Frontier, by the Eighth Legislature of 
the State of Maine, February 18, 1828, . . 270 
CXLII. Extract from Report on the Boundary Line be- 
tween Maine and New Hampshire, by Commis- 
sioners of the Two States, November 13, 1828, 272 
CXLIII. Extracts from Award according to the Convention 
of 1827, by William, King of the Netherlands, 

January 10, 1831, 279 

CXLIV. Act to Modify the Act of Separation, by the 
Eleventh Legislature of the State of Maine, Feb- 
ruary 19, 1831, 290 

CXLV. Act of Separation Modified, by the General Court 

of Massachusetts, June 20, 1831, . . . 291 

CXLVI. Resolutions against Accepting the Award of Wil- 
liam, King of the Netherlands, by the Twelfth 
Legislature of the State of Maine, January 19, 

1832, 294 

CXLVII. Cooperation of Massachusetts Solicited, by the 
Twelfth Legislature of the State of Maine, Jan- 
uary 24, 1832, 296 

CXLVIII. Resolve Respecting Public Lands Held in Common 
by Maine and Massachusetts, with report of 
Commissioners, by the Twelfth Legislature of 
the State of Maine, March 9, 1832, . . .298 
CXLXIX. Bond given to tlie Penobscot Tribe of Indians, by 
Commissioners of the State of Maine, June 10, 

1833, 303 

CL. Act to Establish the Massachusetts School Fund, 
by the General Court of Massachusetts, March 

31, 1834, 305 

CLL Resolves Relating to tiie Northeastern Boundary, 

by a Committee appointed by the Legislature of 

the State of Maine, March 30, 1841, ... 307 

CLIL Resolve in Favor of a Conventional Line, by the 

Twenty-second Legislature of the State of Maine, 

May 26, 1842, 310 

CLIIL Extracts from the Treaty of Wasliington, between 

the United States and Great Britain, August 9, 313 
1842, 



CONTENTS. 



IX 



CLIV. Extracts from Report of the Joint Commission of 
Boundary, by Commissioners under the Treaty 
of Washington, June 28, 1847, . . . .321 

CLV. Act for the Settlement of Boundaries between the 
Provinces of Canada and Xew Brunswick, by 
the Parliament of Great Britain, August 7, 1861, 328 

CLVI. Act for the Sale of Public Lands in Maine, by the 

General Court of Massachusetts, May 25, 1853, 331 
CLVII. Resolve for Purchase of the Residue of Public 
Lands Belonging to Massachusetts, by the 
Thirty-second Legislature of the State of Maine 
in Extra Session, September 28, 1853, . . 334 

CLVIII. Extracts from the Reciprocity Treaty, between the 

United States and Great Britain, June 5, 1854, 336 

CLIX. Extracts from Report of a Survey of the Eastern 
Boundary of New Hampshire, by the Surveyors 
Appointed by the Two States, December 21, 

1858, 341 

CLX. Act to Provide Means for Defense of the North- 
eastern Frontier, by the Thirty-third Legisla- 
ture of the State of Maine, March 24, 1864, . 349 

CLXI. Act to Promote Immigration and Facilitate the 
Settlement of Public Lands, by the Fiftieth 
Legislature of the State of Maine, February 24, 

1871, 354 

CLXII. Extracts from the Treaty of Washington, between 
the United States and Great Britain, May 8, 
1871, 358 



DOCUMENTS RELATING 



Territorial History of Maine. 



XCIV. 

RATIFICATION OF THE GRANT TO SIEUR DE LA 
MOTHE CADILLAC BY LOUIS XIV. OF FRANCE. 

May 24 -i aock 
June 3' l^^^. 

jSouixes. 

The grant of Mt. Desert to Sieur de la Mothe Cadillac, 
iulustl. 1688, was ratified by Louis XIV. of France 5'„Ye 's* 
1689. 

The ratification is printed with other documents in "Re- 
turn to an Address at the Bar of the Legishitive Asseinl)ly 
of Canada by Christopher Dnnkin, advocate, in behalf of 
certain proprietors of Seigniories of Lower Canada." The 
" Return" is in " Journals of the Legislative Assembly of 
the Province of Canada" (1852, 1853), XL, Appendix H. 
H. H. H. The text is also in French in " Reponse a Une 
Addresse . . . ." (1853), 39. A set of the " Legislative 
Documents of the Province of Canada " is in the State Library 
of Massachusetts. As no other English text of the ratifica- 
tion has been found this reprint is from " Journals of the 
Legislative Assembly," which is from the " Register of the 
Superior Council," Letter B, fol. 89. 

Text. 

Dated the 24*^ May, 1689. 
This twenty-fourth day of the month of May, one 
thousand six hundred and eighty-nine, the King being at 
Vol. II. 2 



2 DOCUMENTS KELATING TO THE 

Versailles, and wishinir to confirm and ratify the grants made 
in his His Majcst^^'s name of the lands granted in Canada by 
his Governors and Intendants in the said country, His 
Majesty hath confirmed and ratified and doth confirm and 
ratify the grant made to the Sieur Lamothe Cadillac, on the 
twentieth of May of the last year, one thousand six hundred 
and eighty-eight, by the Sieur de Denonville, Governor, 
and by the Sieur de Champigny, Intendant of the said 
country, of the place called Doiiaquet, near Mageis in the 
dependancy of Acadia, of two leagues in front of the sea- 
side, by two leagues in depth, divided in the middle by the 
River Doiiaquet which is not comprised in the grant — to 
hold to the said Sieur Lamothe Cadillac, his heirs and 
assigns forever as their property {comme de leur propre,) 
with right of superior, mean and inferior jurisdiction, as 
stated in the said grant, and without its being requisite on 
the part of the said Sieur Lamothe Cadillac, his heirs or 
assigns, to pay to His Majesty, or to the Kings his succes- 
sors, any sum of money or indemnity. His Majesty being 
pleased to remit the same, in virtue of the present Letters 
Patent, to whatever sum it may amount, although the value 
ot the present grant be not herein stated. His Majesty doth 
connnand the Governors and Intendants of the said country 
to maintain the said Sieur de Lamothe Cadillac, his heirs 
and assigns, in the full, peaceable and perpetual enjoyment 
of the land granted by the said grant, and doth also com- 
mand the officers of the Sovereign Council of the said 
country to see thereto, and to enregister the present Letters 
Patent, which His Majesty in testimony of his will, hath 
been pleased to sign and have countersigned by me his 
Councillor, Secretary of State, and of his Commands and 
Finance. 

(Signed,) LOUIS. 

(Signed,) COLBEKT. 



TERRITORIAL HISTORY OF MAINE. 



XCV. 

EXTRACTS FROM THE CHARTER OF MASSACHUSETTS 
BAY, BY WILLIAM AND MARY OF ENGLAND. 

October 7/17, 1691. 

Sources. 

The revolution in New England in 1689, which deposed 
Sir Edmund Andros, established a provisional government 
of brief duration. October 7/17, 1691, William and Mary 
issued a new charter, which incorporated, under the " Prov- 
ince of Massachusetts Bay," Massachusetts, New Plymouth, 
Maine, Pemaquid, and Nova Scotia. The union of Maine 
with Massachusetts continued until the erection of the 
" District of Maine " into an independent state. With the 
consolidation of government the names of Cornwall and 
Devonshire disappeared, and Yorkshire shared equal privi- 
leo:es with SutTolk and Middlesex. 

The " Province Charter " was brought over by Sir Wil- 
liam Phips, who was by royal ap})ointment the first governor 
under the new charter. The original document is in the 
State House under the custody of the secretary of state for 
Massachusetts. It is longer in point of text than any other 
charter issued by the British crown, and was so carefully 
drawn that it served, with certain modifications, as a model 
for the earlier state constitutions. 

The charter of William and Mary was first printed by 
Daniel Neal, " History of New-England, containing an 
Impartial Account of the Civil and Ecclesiastical Affairs of 
the Country to the Year of our Lord 1700 " (London, 
1720), II., Appendix L, 617-642; also second edition of 
the same (London, 1747), II., Appendix II., 258-288. It 
was printed both in English and in French, from " Acts 
and Laws of Massachusetts Bay" (London, 1724), in 
" Memoires des Commissaires du Roi et de ceux de sa 
Majeste Britannique, sur les possessions et les Droits respec- 
tifs des deux Couronnes en Amerique " (Paris, 1755), II., 
593-641. It is in " The Charters of the British Colonies 



4 DOCUMENTS RELATING TO THE 

in America" (printed for J. Almar, London, 1775), 1-23; 
In " Masere Papers," or " Occasicjnal Essays on Various 
Subjects, chiefly Political and Historical" (London, 1«()9), 
93-i24; also in Ben: Perley Poore, "The Federal and 
State Constitutions, Colonial Charters, and other Ortranic 
Laws of the United States " (Washin<rton, 1877), 942-1)54; 
and, from " Masonian Papers," IV., 145, it is printed by 
Albert Stillman Batchellor, editor, "Provincial Papers of 
New Hampshire" (Manchester, 1891), XIX., 334-354. A 
transcript from a copy in the Chapel of the Rolls, London, 
was printed in a " Statement on the Part of the United 
States, of the case referred, under the Convention of 1827 
. . ." (printed but not published, Washington, 1829), Ap- 
pendix XHL, 109-122. A transcript from the chaiter was 
prefixed to " The Acts and Resolves, public and private, of 
the Province of the Massachusetts Bay," printed by Ellis 
Ames and Abner Cheney Goodell, compilers, Boston, J 8159- 
92, 7 vols. 

The text adopted is the printed form in " Acts and 
Resolves," L, 1-20. 

Text. 

WILLIAM & MARY BY THE GRACE of God King 
and Queen of England Scotland France and Ireland De- 
fenders of the Faith &c. To all to whome these presents 
shall come Greeting . . . And Whereas in the Terme of 
the holy Trinity in the Thirty Sixth yeare of the Reigne of 
Our dearest Vncle King Charles the Second a Judgement was 
given in Our Court of Chancery then sitting at Westminster 
vpon a Writt of Scire Facias brought and prosecuted in the 
said Court against the Governour and Company of the 
Massachusetts Bay in New England that the said Letters Pa- 
tents of Our said Royall Grandfather King Charles the First 
bearing date at Westminster the Fourth day of March in the 
Fourth yeare of his Reigne made and granted to the said 
Governour and Company of the Massachusetts Bay in New 
Eniiland and the Enrollment of the same should be cancelled 
vacated and annihilated and should be brought into the said 



TERRITORIAL HISTORY OF MAINE. O 

Court to be cancelled (as in and by the said Judgment 
remaining vpon Record in the said Court doth more at large 
appeare) And whereas severall persons employed as 
Agents in behalfe of Our said Collony of the Massachusetts 
Bay in New England have made their humble application 
vnto Vs that Wee would be graciously pleased by Our 
Royall Charter to Incorporate Our Subjects in Our said 
Collony and to grant and to confirme vnto them such powers 
priviledges and Franchises as [in] Our Royall Wisdome 
should be thought most conduceing to Our Interest and 
Service and to the Welfare and happy state of Our Subjects 
in New England and Wee being graciously pleased to grat- 
ifie Our said Subjects And alsoe to the end Our good Sub- 
jects within Our Collony of New Plymouth in New England 
aforesaid may be brought vnder such a forme of Govern- 
ment as may put them in a better Condicon of defence and 
considering aswell the granting vnto them as vnto Our 
Subjects in the said Collony of the Massachusetts Bay Our 
Royall Charter with reasonable Powers and Priviledges will 
much tend not only to the safety but to the flourishing 
estate of Our Subjects in the said parts of New England 
and alsoe to the advanceing of the ends for which the said 
Plantacons were at first encouraged of Our especiall Grace 
certaine knowledge and meer Mocon have willed and 
ordeyned and Wee doe by these presents for Vs Our Heires 
and Successors Will and Ordeyne that the Territories and 
Collonyes comonly called or known by the names of the 
Collony of the jMassachusetts Bay and Collony of New 
Plymouth the Province of Main the Territorie called Acca- 
dia or Nova Scotia and all that Tract of Land lying betweene 
the said Territoritories of Nova Scotia and the said Province 
of Main be Erected Vnited and Incorporated And Wee doe 
by these presents Vnite Erect and Incorporate the same 
into One reall Province by the Name of Our Province of 



b DOCUMENTS RELATING TO THE 

the Massachusetts Bay in New England And of Our especial 
Grace certaine kno\vled<»;o and nieer niocon Wee have <riven 
and granted and b}' these presents for Vs Our Heires and 
Successors doe give and grant vnto Our good Subjects the 
Inhabitants of Our said Province or Territory of the Massa- 
chusetts Bay and their Successors all that parte of New 
England in America lying and extending from the greate 
River comonly called Monomack ats Merrimack on the 
Northpart and from three Miles Northward of the said 
River to the Atlantick or Western Sea or Ocean on the 
South part And all the Lands and Hereditaments whatso- 
ever lying within the limitts aforesaid and extending as tarr 
as the Outermost Points or Promontories of Land called 
Cape Cod and Cape Mallabar North and South and in Lati- 
tude Breadth and in Length and Longitude of and within 
all the Breadth and Conjpass aforesaid throughout the Main 
Land there from the said Atlantick or Western Sea and 
Ocean on the East parte towards the South Sea or West- 
ward as far as Our CoUonyes of Rhode Lsland Connecticutt 
and the Marragansett Countrey all alsoe all that part or 
porcon of Main Land beginning at the Entrance of Pescata 
way Harbour and soe to pass vpp the same into the River 
of Newickewannock and through the same into the furthest 
head thereof and from thence Northwestward till One Hun- 
dred and Twenty Miles* aforesaid to crosse over Land to 
the One Hundred and Twenty Miles before reckoned vp 
into the Land from Piscataway Harbour through Newick- 
annock River and alsoe the North halfe of the Isles and 
Shoales together with the Isles of Cappawock and Nantukett 

•The {lesoriptive terms of the Maine boundary were probably copied from the 
Gortres ciiarter, with the exception of the following clause, which should be sup- 
plied to make the limits clearly understood : "be ttnished, and from Tiscataqua 
Harbour Moutli aforesaid Xorth-Kastward along the Sua Coast to Sagadahoc & up 
the Iliver thereof to Kynnybequey River & thro the same unto the head thereof & 
unto the Land Northwestward untill One hundred & twenty Miles be ended being 
accounted from the Mouth of Sagadahoc & from the Period of One hundred & 
twenty miles." M. F. F. 



TERRITORIAL HISTORY OF MAINE. 7 

near Cape Cod aforesaid alsoe [all] Lands and Heredita- 
ments lying and being in the Countrey and Territory corn- 
only called Accadia or Nova Scotia And all those Lands 
and Hereditaments lying and extending between the said 
Country or Territory of Nova Scotia and the said River of 
Sagadahock or any part thereof And all Lands Grounds &c 
. . . And Wee doe further for Vs Our Heires and Succes- 
sors Will Establish and ordeyne that from henceforth for 
ever there shall be one Governour One Leivten*^ or Deputy 
Governour and one Secretary of Our said Province or Ter- 
ritory to be from time to time appointed and Commission- 
ated by Vs Our Heires and Successors and Eight and 
Twenty Assistants or Councillors to be advising and assist- 
ing to the Governour of Our said Province or Territory for 
the time being as by these presents is hereafter directed and 
appointed which said Councillors or Assistants are to be 
Constituted Elected and Chosen in such forme and manner 
as hereafter in these presents is expressed . . . And 
FURTHER Wee will and by these presents for Vs Our Heires 
and Successors doe ordeyne and Grant that there shall and 
may be convened held and kept by the Governour for the 
time being vpon every last Wednesday in the Moneth of 
May every yeare for ever and at all such other times as the 
Governour of Our said Province shall think fitt and appoint 
a great and Generall Court of Assembly which said Great 
and Generall Court of Assembly shall consist of the Gov- 
ernour and Councill or Assistants tor the time being and of 
such Freeholders of Our said Province or Territory as shall 
be from time to time elected or deputed by the Major parte 
of the Freeholders and other Inhabitants of the respective 
Townes or Places who shall be present at such Eleccons Each 
of the said Townes and Places being hereby impowered to 
Elect and Depute Two Persons and noe more to serve for 
and represent them respectively in the said Great and 



8 DOCUMENTS RELATING TO THE 

Generall Court or Assembly To which Great and Generall 
Court or Assembl}' to be held as aforesaid Wee doe hereby 
for Vs Our Heires and Successors give and grant full power 
and authority from time to time to direct appoint and de- 
clare what Number each County Towne and Place shall 
Elect and Depute to serve for and represent them respect- 
ively in the said Great and Generall Court or Assembly 
Provided alwayes that noe Freeholder or other Person shall 
have a Vote in the Eleccon of members to serve in any 
Greate and Generall Court or Assembly to be held as afore- 
said who at the time of such Eleccon shall not have an estate 
of Freehold in Land within Our said Province or Territory 
to the value of Forty Shillings per AnnQ at the least or 
other estate to the value of Forty pounds Sterl' And that 
every Person who shall be soe elected shall before he sitt or 
Act in the said Great and Generall Court or Assembly take 
the Oaths menconed in an Act of Parliament made in the 
first yeare of Our Reiijne Entituled an Act for abroirateinof 
of the Oaths of Allegiance and Supremacy appointing other 
Oaths and thereby a{)pointed to be taken instead of the 
Oaths of Allegiance and Supremacy and shall make Repeat 
and Subscribe the Declaracon menconed in the said Act 
before the Governour and Leivten* or Deputy Governour or 
any two of the Assistants for the time being who shall be 
therevnto authorized and Appointed by Our said Governour 
and that the Governour for the time beingr shall have full 
power and Authority fiom time to time as he shall Judge 
necessary to adjourne Prorogue and dissolve all Great and 
Generall Courts or Asseml)lyes met and convened as afore- 
said And Our Will and Pleasure is and Wee doe hereby for 
Vs Our Heires and Successors Grant Establish and Ordeyne 
that yearly once in every yeare for ever hereafter the afore- 
said Number of Eight and Twenty (councillors or Assistants 
shall be by the Generall Court or Assembly newly chosen 



TERRITORIAL HISTORY OF MAINE. 9 

that is to say Eighteen at least of the Inhabitants of or 
Proprietors of Lands within the Territory formerly called 
the Collony of the Massachusetts Bay and four at the least 
of the Inhabitants of or Proprietors of Lands within the 
Territory formerly called New Plymouth and three at the 
least of the Inhabitants of or Proprietors of Land within 
the Territory formerly called the Province of Main and one 
at the least of the Inhabitants of or Proprietors of Land 
within the Territory lying between the River of Sagadahoc 
and Nova Scotia . . . 

Provided alsoe that it shall and may be Lawfull for the 
said Governor and Generall Assembly to make or passe 
any Grant of Lands lying within the Bounds of the Colonys 
formerly called the Collony of the Massachusetts Bay and 
New Plymouth and province of Main in such manner as 
heretofore they might have done by vertue of any former 
Charter or Letters Patents which grants of lands within the 
Bounds aforesaid Wee doe hereby Will and ordaine to be 
and continue for ever of full force and effect without our 
further Aprobation or Consent And soe as Neverthelesse 
and it is Our Royall Will and Pleasure That noe Grant or 
Grants of any Lands lying or extending from the River of 
Sagadehock to the Gulph of S' Laurence and Canada Rivers 
and to the Main Sea Northward and Eastward to be made 
or past by the Governor and Generall Assembly of our said 
Province be of any force validity or Effect vntill Wee Our 
Heires and Successors shall have signified Our or their 
Approbacon of the same . . . 

And FURTHER Our expresse Will and Pleasure is And 
Wee doe by these presents for Vs Our Heires and Succes- 
sors Ordaine and appoint that these Our Letters Patents 
shall not in any manner Enure or be taken to abridge bar or 
hinder any of Our loveing Subjects whatsoever to vse and 
exercise the Trade of Fishing vpon the Coasts of New 



10 DOCUMENTS RELATING TO THE 

England but that they and every of them shall have full and 
free power and Libertie to continue and vse their said Trade 
of Fishing vpon the said Coasts in any of the seas therevnto 
adjoyninir or any Arms of the said Seas or Salt Water Riv- 
ers where they have been wont to fish and to build and set 
vpon the Lands within Our said Province or Collony lying 
wast and not then possesst by Perticuler Proprietors such 
Wharfes Stages and Workhouses as shall be necessar}' for 
the salting drying keeping and packing of their Fish to be 
taken or gotten vpon that Coast And to Cutt down and take 
such Trees and other Materialls there growing or being or 
growing vpon any parts or places lying wast and not then 
in possession of particuler proprietors as shall be needfull 
for that purpose and for all other necessary easments helps 
and advantages concerning the Trade of Fishing there in such 
manner and forme as they have been heretofore at any time 
accustomed to doe without mak^ing any Wiifull Wast or 
Spoile any thing in these presents conteyned to the con- 
trary notwithstanding And lastly for the better provideing 
and furnishing of Masts for Our Royall Navy Wee doe 
hereby reserve to Vs Our Heires and Successors all Trees 
of the Diameter of Twenty Four Inches and vpwards of 
Twelve Inches from the ground growing vpon any Soyle or 
Tract of Land within Our said Province or Territory not 
heretofore granted to any private persons And Wee doe 
restraine and forbid all persons whatsoever from felling 
cutting or destroying any such Trees without the Royall 
Lycence ot Vs Our Heires and Successors first had and 
obteyned vpon penalty of Forfeiting One Hundred Pounds 
sterling vnto Ous Our Heires and Successors for ever}^ such 
Tree soe felled cutt or destroyed without such Lj^cence had 
and obteyned in that behalfe any thing in these presents 
conteyned to the contrary in any wise Notwithstanding In 
WiTNESSE whereof Wee have caused these our Letters to be 



TERRITORIAL HISTORY OF MAINE. 11 

made Patents Witnesse Ourselves att Westminster the 
Seaventh Day of October in the Third yeare of Our Reigne 

By Writt of Privy Seale 

PIGOTT 
Pro Fine in Hanaperio quadragint Marcas 

J. Trevor C. S. 
W. Rawlinson C. /S. 

G. HUTCHINS (7. /S. 



XCVI. 

COVENANT OF LANDS WITH SIR WILLIAM PHIPS, 
BY MADOKAWANDO, SAGAMORE OF PENOBSCOT. 

May 9/19, 1694. 

Sources. 

By the covenant of lands with Sir William Phips, gov- 
ernor of the Province of Massachusetts, Madokawando, sag- 
amore of Penobscot, released lands on both sides of the St. 
Georges River, which were finally incorporated with the 
Waldo patent under the "Ten Proprietors." The deed ot 
conveyance was made at Pemaquid, May 9/19, 1694, and 
was recorded at York, January 17/28, 1721/2, with other 
papers relating to the original Muscongus grant. 

Madokawando is an important character in the history of 
eastern Maine, both as father-in-law of Castine and because 
of his own position as sagamore of Penobscot. Of this 
conveyance to Governor Phips it is said that some of the 
Penobscots denied the authority of their chief to make such 
a transfer of lands ; nevertheless the purchase of the title 
of Spencer Phips, heir of Governor Phips, by President 
Leverett of Harvard College, who was a proprietor of the 
Muscongus grant established the legality of the claim.' 

The text adopted is that of " York Deeds," X., folios 
237, 238. 



12 DOCUMENTS RELATING TO THE 

Text. 

Province Massachusetts Bay Nov Anglia 
To. all. People unto whom this present Deed of Sale 
Shall or May Come Madokowando, Sangamore of Penob- 
scott within y** eastarn Parts of this. Province. Sendeth 
Greeting. Know ye y' I y^ S*^ Madokowando for a valluable 
Consideration to me in hand p'' before & at y*' Ensealing & 
delivery of these Presents by his Excellency S"" William 
Phipps Kn' y*" Rec' whereof is hereby acknowledged & 
thereof & of every part & parcell thereof do fully Clearly 
& absolutely acquit Exonerate & forever Discharge him y* 
S'' S"^ William Phipps Jun'' his heirs Executors or Adminis- 
trators Have given granted Released Confirmed Enfiefied 
aliened Sett over bargained & Sold as by these presents I do 
give grant release Confirm Enfieffie Aliene Sett over bar- 
gaine & Sell unto his Excellency S"" W"" Phipps Kn* 
afores'' his heirs & assigns all y' parcell parcells of land 
lying & being on both sides of y^ river Commonly Called & 
known by y^ Name of S' Goorges River in y" eastern part 
of this Province aboves** bounded to y** Eastward Wessa- 
wesskek River to y^ westward by y*" West side of Cove 

Island & so by a Straight line in y^ Country as high as y" 
uppermost Falls of S' Georges River afores'' as also a Cer- 
tain Island lying before y® mouth of y^ S'^ River Called & 
known l)y y'' Name of Matomquoog together with all y* 
Islands Commonly Called & known by y"" Name of S 
Georges Islands Together with all y^ River Isletts. Mines 
Mineralls waters. Water Courses Rivoletts Creeks Ponds 
Fountains Wells Springs Falls Standing Waters Brooks 
Marshes Swamps Meadows both fresh & Salt trees woods 
uplands Stones Rocks & all other Profitts Comodityes & 
appurtenances whatsoever to y^ S^ River Islands Isletts 
Mines Mineralls waters Water Courses Rivoletts Creeks 



TERRITORIAL HISTORY OF MAINE. 13 

Ponds fountains Wells Springs fall Standing waters Brooks 
Marshes Swamps & medows both fresh & Salt. Trees woods 
uplands Stones & Rocks belonging or in any wise apper- 
taining To Have & To Hold y« S** River Islands Isletts 
Mines Mineralls waters watercourses Rivoletts Creeks 
Ponds Fountains Wells Springs Falls Standing waters 
Brooks Marshes Swamps & Medows both Fresh & Salt 
Trees woods uplands Stones & Rocks & all other y^ Profitts 
Comodityes & appurtenances whatsoever, to y^ Same be- 
longing or in any wise appertaining unto his S*^ Exelency 
S'' William Phipps Kn* his heirs & assigns unto y® only Sole 
& Proper use & behoof of him y^ S"* S"" William Phipps Kn^ 
his heirs & assigns forever in a free & absolute Rio:ht 
thereof & of all & every part & parcell thereof to dispose 
of as of his or their own proper goods &, Chattels without 
any Incumbrance lett Hindrance trouble or Mollestation 
whatsoever from him y® S*^ Madokowando his heirs or assigns 
& y** S*^ Madokowando doth Covenant Promise & agree to 
& with his Exelency S'' William Phipp Kn* his heirs & 
assigns y* he y® S*^ Madokawando being y^ Only true & law- 
full Owner of all & Singular y^ Bargained pmisses & of 
every part & parcell thereof hath in himself full power good 
Right & lawfull Athority thereof & of every part & pcell 
thereof to dispose, give grant Release Confirme enfieffie 
aliene Sett Over Bargaine & Sell which he doth by these 
presents freely Clearly & absolutely without any manner of 
Constraint or former Bargains Ingagements gifts or orpants 
Excepting y*^ Valluable Consideration aboves*^ dispose of, 
gives grants Releases Confirms Enfieffes Alienes Sett over 
bargaines & Sells unto y* S'^ S'' William Phipps, his heirs 
& assigns forever Covenanting & hereby promising for him- 
self & assigns, unto y® S** S'' William Phipps Kn* his heirs 
& assigns y® afore Mentioned pmesses with all & Singular 



14 DOCUMENTS RELATING TO THE 

their appurtenances from henceforth Now & forever here- 
after, Shall & will defend make Sure & Confirm unto y® S** 
gr -yyim phipps Kn* his heirs & assigns from all every or 
any Claims pretences or demands to y® Premisses or any 
part thereof by any person or persons whatsoever In Witt- 
ness whereof y® S*^ Madokowando hath hereunto Sett his 
hand & affixed his Seal at Pemaquid y° Ninth Day of May 
in y® Sixth Year of y® Reign of Our Soveraign Lord & Lady 
William & Mary of England Scotland France & Irland 
King & Queen Defenders of the faith &c Annoq, Domini 
1694 

( Seal ) The Mark of \/ Madokowando 

Sangomore of Penobscot 
Signed Sealed & Delivered 
In the Presence of 

The Mark of 

Edger Emet r^ Sangomore of Kennebeck 

The ^§9 Mark of Wenemoet Cozinto 

Madokowando 

The A^ Mark of] 

John Sangomore of ^Interpreter. 

Sheepsgutt River J 

John March 

David Mason 

John White 

John Phillips 

John Hornebrook Interp'^ter 

Abra™ Gouverneur 

Pemaquid the 10"' May 1694 Then appeared before us 
the Subscribers Two of the Members of their Majesty es 
Counsell the within Named Madokowando & did then & 



TERRITORIAL HISTORY OF MAINE. 15 

there declare & acknowledge y^ within Instrument to be his 
Voluntary act & Deed 

John Phillips 
Silvanus Davis 
Recorded according to y® Origanall Jan'^^ 17'*' 1721 : 

Abra™ Preble Reg' 



XCVII. 

EXTRACTS FROM COMMISSION ESTABLISHING A 

BOARD OF TRADE, BY WILLIAM III. OF 

ENGLAND. 

May 15/25, 1696. 

Sou7'ces. 

The commission of William III. for establishing a Board 
of Trade was given at Westminster, May 15/25, 1696. 
Although the new Board of Trade which took the place of 
the Plantation Committee of the Privy Council had the 
avowed object of promoting trade and improving the plan- 
tations, it was really created to subserve private interests ; 
and it became a constant source of annoyance to the colo- 
nies, until its functions ceased with the Revolution. The 
continuance of Edward Randolph as surveyor-general of 
His Majesty's customs in America did not render its sur- 
veillance any more agreeable. 

Because the Board of Trade separated Nova Scotia from 
Massachusetts Bay extracts are included in this compilation. 
The commission is in the records of the Privy Council, 
"Journal," IX., 1, from which source it is printed by 
Edmund Bailey O'Callaghan, editor, "Documents relative 
to the Colonial History of the State of New York " (Albany, 
1854), IV., 145-148, which is the text adopted for these 
extracts. 



16 DOCUMENTS RELATING TO THE 

Text. 

William the Third by the Grace of God King of Eng- 
land, Scotland, France and Irehind, Defender of the Faith 
&a. To our Keeper of oure Great Scale of England or 
Chancellor of England for the time being [and others] . . . 

Greeting : 

Whereas We are extreanil}' desirous that the Trade of 
Our Kingdom of li^ngland, upon which the strength and 
riches thereof do in a great measure depend, should by all 
proper means be promoted and advanced; And Whereas 
We are perswaded that nothing will more effectually con- 
tribute thereto than the appointing of knowing and Htt per- 
sons to inspect and examin into the general Trade of our 
said Kingdom and the severall parts thereof, and to enquire 
into the severall matters and things herein after mentioned 
relating thereunto, with such Powers and Directions as are 
herein after specified and contained. 

Kno wyee therefor that We reposing espetiall Trust and 
Confidence in your Discretions, Abilityes and Integrities, 
Have nominated, authorized and constituted, and do by 
these presents nominate authorize and appoint the said 
Keeper of Our Great Scale or Chancellor for the time 
being, the President of Our Privy Council for the time 
being. The Keeper of our Privy Scale for the time being. 
The first Commissioner of Our Treasury or Treasurer for 
the time being, The First Commissioner for executing the 
OflSce of Admirall and Our Admirall for the time being, 
Our Principall Secretarys of State for the time being. And 
Our Chancellor of the Exchequer for the time being, And 
you John Earl of Bridgevvater, Ford Earl of Tankerville, 
Sir Philip Meadows, William Blathwa3'te, John PoUexfen, 
John Locke, Abraham Hill, and John Methvven, or any 
other three or more of you, to be Our Commissioners dur- 
ing our Royal Pleasure, for promoting the Trade of our 



TERRITORIAL HISTORY OF MAINE. 17 

Kingdome, and for Inspecting and Improving our Planta- 
tions in America and elsewhere. 

And to the end that Our Royall purpf)se and intention 
herein may the better take efiect Our Will and Pleasure 
is, and We do hereby order, direct and appoint, That you do 
diligently and constantly as the nature of the service may 
require, meet togeather at some convenient Place in Our 
Palace of Whitehall which we shall assigne for that pur- 
pose, or at any other place which we shall appoint for the 
execution of this Our Commission. . . . 

And OUR further Will and Pleasure is, that you 
Our said Commissioners, or any Five or more of you, do 
from time to time make representations touching the Prem- 
isses to Us, or to Our Privy Council, as the nature of the 
Business shall require, which said Representations are to be 
in writing, and to be signed by Five or more of you. 

And We do hereby further Impower and require 3'ou Our 
said Commissioners to take into your care all Records, 
Grants and Papers remaining in the Plantation Office or 
thereunto belonging. 

And likewise to inform your selves ot the present condi- 
tion of Our respective Plantations, as well with regard to 
the Administration of the Government and Justice in those 
places, as in relation to the Commerce thereof; And also to 
inquire into the Limits of Soyle and Product of Our severall 
Plantations and how the same may be improved, and the 
best means for easing and securing Our Colonies there, and 
how the same may be rendred most usefuU and beneticiall to 
our said Kingdom of England. 

And we do hereby further impower and require you Our 
said Commissioners, more particularly and in a principal 
manner to inform yourselves what Navall Stores may be 
furnished from Our Plantations, and in what Quantities, and 
by what methods Our Royall purpose of having our Kingdom 
Vol. II. 3 



18 DOCUMENTS RELATING TO THE 

supplied with Navall Stores from thence may be made 
practicable and promoted ; And also to inquire into and 
inform your selves of the l)est and most proper methods of 
settling and improving in Our Plantations, such other 
Staples and other Manufactures as Our subjects of England 
are now obliged to fetch and supply themselves withall from 
other Princes and States ; And also what Staples and Man- 
ufactures may be best encouraged there, and what Tiades 
are taken up and exercised there, which are or may prove 
prejudiciall to England, by furnishing themselves or other 
Our Colonies with what has been usually supplied from 
England ; And to finde out proper means of diverting them 
from such Trades, and whatsoever else may turne to the 
hurt of Our Kingdom of England. 

And to examin and looke into the usuall Instructions 
given to the Governors of Our Plantations, and to see if 
any thing may be added, omitted or changed therein to 
advantage ; To take an Account yearly by way of Journall 
of the Administration of Our Governors there, and to draw 
out what is proper to be observed and represented unto Us ; 
And as often as occasion shall require to consider of proper 
persons to be Governors or Deputy Governors or to be of 
Our Councill or of Our Councill at Law, or Secretarys in 
Our respective Plantations, in order to present their names 
to Us in Councill. 

And We do hereby further Authorize and impower you 
Our said Commissioners, to examin into and weigh such 
Acts of the Assemblies of the Plantations respectively as 
shall from time to time be sent or transmitted hither for 
Our Approbation ; And to set down and lepresent as afore- 
said the Usefulness or Mischeif thereof to Our Crown, and 
to Our said Kingdom of England, or to the Plantations 
themselves, in case the same should be established for 
Lawes there ; And also to consider what matters may be 



TERKITORIAL HISTORY OF MAINE. 19 

recommended as fitt to be passed in the Assemblys there. 
To heare comphiints of Oppressions and maleadministra- 
tions, in Our Plantations, in order to represent as aforesaid 
what you in your Discretions shall thinke proper ; And 
also to require an Account of all Monies given for Publick 
uses by the Assemblies in Our Plantations and how the 
same are and have been expended or laid out. 

And We do by these Presents Authorize and impower 
you Our said Commissioners or any Three of you, to send 
for Persons and Papers, for your better Information in the 
Premisses ; and as Occasion shall require to examin Wit- 
nesses upon Oath, which Oath you are hereby impowred to 
Administer in order to the matters aforesaid. 

... In Witness whereof We have caused these Our 
letters to be made Patents, Witness Thomas Archbishop of 
Canterbury, and the rest of the Guardians and Justices of 
the Realm. At Wesminster the Fifteenth day of May in 
the Eighth yeare of Our Reigne 

By Writt of Privy Scale 

Chute. 



XCVIII. 

REPORT IN FAVOR OF A CAPTAIN-GENERAL FOR 
THE COLONIES, BY THE BOARD OF TRADE. 

February 25 i caa /'j 
March V 1696/7. 

Sources. 

The request of the colony of Massachusetts Bay for a 
union of colonies in the prosecution of the French and 
Indian War led to an investigation by the Board of Trade. 



20 DOCUMENTS RELATING TO THE 

The I'eport is inserted in tliis compilation because it shows 
the intimate relation of the colonies at the time when Cap- 
tain Chuhh had surrendered Pema(]uid to the French. 

A valuable study on the Board ot" Trade and its influence 
on New England History is by John Andrew Doyle, " The 
English in America, Puritan Colonies," II., ch. vii. The 
oiiginal report is in " New England Entries, Board of 
Trade," A, 134, and is printed l)y Edmund Bailey O'Cal- 
lashan, editor, " Documents relative to the Colonial History 
of the State of New- York " (Albany, 1854), IV., 259-261, 
which is the source adopted for this compilation. 

Text. 
To the King's most Excellent Majesty 

May it please your Majesty 

In obedience to your Majesty's Order in Council dated 
the 10"' of December last, we having taken into considera- 
tion the Representation of your Majesty's Lieutenant Gov- 
ernor, Councill and Assembly of the Massachusetts Bay in 
New England thereunto annexed, humbly praying that your 
Majesty's several 1 governments within those territories may 
be jointly concerned in the prosecution of the war and sup- 
porting the charge thereof; and having at the same time 
received severall memorialls from the Agents of that Prov- 
ince here, and from other persons concerned both in that 
and the neighbouring colonies relating to an Union proposed 
to be made amongst them for common defence ; we humbly 
beg leave to lay before Your Majesty the state of what has 
been oflfered to us upon that subject. 

The importance and advantages of an Union for mutual 
defence and common secuiity are by all sides agreed on ; 
but the objections against the methods proposed for putting 
it in execution are various, according to the difl'erent inter- 
ests of those by whom they are n)ade. 

The proposition chiefly insisted on in the forementioned 
Memorials is that the person whom Your Majesty shall be 



TKRRITOUIAL HISTORY OF MAINE. 21 

pleased to send Governour of the Massachusetts Colony 
may also be the Civil Governour of New York and New 
Hampshire and Generall of all the Forces of the Massachu- 
setts New York and New Hampshire Connecticutt, Rhode 
Island and the Jerseys. 

But to this the agent of Connecticut here (In the name 
of the Governour and Company of that Colony) has 
objected, that the imposing even a INtilitary Governor over 
them, with power to deniand men ammunition and pro- 
visions, and to lead and carry their men at the pleasure of 
the said General, out of the said Colony, without consent 
and advice of the said Governour and Company, will be 
hard on the inhabitants, and (as they conceive) contrary to 
their charter. 

The proprietor of New Hampshire (who by your Majes- 
ties appointment is the present Governour thereof) has also 
objected to us his reasons against the subjecting of that 
Province to the Government of the Massachusetts ; as tend- 
ing to increase a charge upon the inhabitants there, without 
any addition to their security, and without any appearance 
(as he argues) of assurance to your Majesty that the gov- 
ernment of the said Province will be better administered by 
strangers than by the said Proprietor and the inhabitants 
themselves. 

The Agents of New York have more particularly than 
others opposed the Union of that Province and the Massa- 
chusetts under one Civill Governor by these following con- 
siderations : — The nearest limits of those Provinces (say 
they) are two hundred miles distant from one another, 
Connecticut and Rhode Island lye between them. New 
York being the less both in bounds and strength & being 
most exposed to the enemy, is incapable of giving any 
assistance to the Massachusetts in time of danger, the towns 
of New Yorke & Boston having been always rivalls in 



22 DOCUMENTS RELATING TO THE 

trade, this Union would (in that respect) be very preju- 
dicial! to the former. The residence of the Governour of 
New Yorke at Boston would ol)lige the inhabitants of New 
Yorkc to repaire thither, upon many occasions relating to 
the Civill Administration, and be very grievous and burden- 
some to them. The Sallary of the Governer of New York 
being paid out of certain funds raised by the General 
Assembly of that Province for a limited time, and expended 
by him amongst them, it would seem a hardship to them if 
that money should be issued out of the Province for the 
support of the (iovernour residing at Boston. 

To which the forementioned Agents of the Massachusets 
have answered : — that the distance between the territories 
of New Yorke and the Massachusetts is much lesse than the 
Agents of New York have represented it, and that the 
inconveniencies by them said to be consequential of the resi- 
dence ol a Governor at Boston, may be avoided by his 
removall sometimes (as occasion shall require) to New 
Yorke, and at other times by having constantly a Deputy 
there. But what they finally pray is, that the advantage 
of a Military Head or Captain Generall being agreed to, 
Your Majesty would therefore be pleased to appoint one 
accordingly, and the support of such a Captain Generall 
requiring necessarily a much greater expence than any 
other particular Governour, they submitt their proposition 
of uniting the Governments of the Massachusetts, New 
York and New Hampshire (in order to the better defraying 
of that charge) unto Your Majesty's Royall pleasure. 

This being the state of that matter as it hath been sett 
forth to us the forementioned memorials ; and we having 
also humbly laid before their excellencies the late Lord 
Justices (by our Representation dated the 30th of Septem- 
ber last) our opinion that it is hardly possible Your 
Majesty's Colonies on the Northerne Continent of America , 



TERRITORIAL HISTORY OF MAINK. 23 

can be preserved, unlesse Your Majesty shall be pleased to 
constitute during this war, some active vigilant and able 
man to be Captain Generall of all Your Majestys, forces and 
of all the Militias of those Colonies; which opinion we then 
grounded upon a report of your Majesty's Attorney and 
Solicitor Generall dated the 2^ of April 1694 declaring it 
Your Majesty's right to constitute a Chief Commander with 
such authority, especially during the war; and further also 
we having more particularly proposed to Your Majesty (by 
our Representation dated the 25'^ November last) that the 
Governour whom your Majesty shall please to constitute 
over the Province of the Massachusetts Bay may likewise 
have the superior command throughout all New England 
tor the security and defence thereof during the war : We 
now humbly crave leave to add that the distinct Proprieties, 
Charters, and different forms of Government in severall of 
those neighbouring Colonies, make all other Union, except 
under such a Military Head (in our opinion) at present 
impracticable, and that what hath yet been done towards 
such a Military Union for Common defence (by the appoint- 
ment of a Quota in the year 1694) hath been so little com- 
plied with, that it requires the exertion of a more vigorous 
power than hath hitherto been practised, to make it produce 
the desired effect. 

But upon the whole, it being evident that notwithstand- 
ing the different constitutions of the Governments of the 
Massachusetts, New Hampshire and New York, yet Your 
Majesty hath the right of appointing Governours in all 
those places, and also (according to the forementioned 
opinion of Your Majesty's Attorney and Sollicitor Generall) 
the right of constituting a Military Head both over them 
and all other Your Majesty's Provinces. Colonies and 
Plantations in America during the time of war : We are 
humbly of opinion that Your Majesty be graciously pleased 



24 DOCUMENTS RELATING TO THE 

to constitute a fit person to be Governor over the Provinces 
of New York, Musstichusetts Bay and New Hampshire, and 
that the same person be also Captaine Generall of all Your 
Majesty's forces both there and in Connecticut, Rhode 
Island and the Jerseys, and that the chief residence of 
such Governor or Captaine Generall during the war be 
appointed to be at New York, that the Province being most 
in danger to be attacked by the enemy, and the inhabitants 
not one fourth part of the number that are in Massachu- 
setts, and also, because the Sallary of £600 now paid to 
that Governor arises (or has been alledged) out of subsidies 
granted by the Assembly there. But neverthelesse that 
the said Governor or Captaine Generall may have liberty to 
remove from thence to Boston and back againe from time to 
time, leaving Lieutenants in either place respectively as 
occasion shall require. 

And in the last place we are also humbly of opinion that 
the Generall Assemblies of all those neighbouring Colonies 
by the prudent conduct of such a Captaine Generall may be 
made to understand their own true interest and thereby 
induced to enact such laws in their respective governments 
as shall be necessary to enable the said Captaine Generall 
to execute Your Majesty's Commissions, so as shall be most 
for your Majesty's service, their own defence and generall 
advantage. 

All which neverthelesse is most humbly submitted 

signed J. Bkidgewater 
Tankerville 

Whitehall Pii. Meadows 

February the 25 Jn" Pollexfen 

1696/7 Abr. Hill. 



TERRITORIAL HISTORY OF MAINE. 25 



XCIX. 

EXTRACTS FROM COMMISSION TO THE EARL OF 
BELLOMONT, BY WILLIAM III. OF ENGLAND. 

June 18/28, 1697. 

Sources. 

The commission from William III. to the Earl of Bello- 
mont as captain-general and governor-in-chief of the 
*' province of New York and the territories depending 
thereon in America" was issued June 18/28, 1697. In 
"New-England Entries," Board of Trade, A, 143, there 
is a communication in behalf of his majesty from the Duke 
of Shrewsbury to the Lords of Trade, March 16/26, 1696/7, 
in which he signifies to their lordships the appointment of 
Governor Bellomont, in order that they may prepare his 
several commissions and instructions. According to the 
report of the Lords of Trade, SfrX""^ ^71 1696/7, Massa- 
chusetts Bay and New Hampshire were the dependencies of 
New York. During the war the Earl of Bellomont would 
also be the captain-general of all his majesty's forces in 
Connecticut, Rhode Island, and the Jerseys. Instructions 
drawn up by the Lords Justices were issued se"p^temberio' 1697. 

The commission was printed from " New- York Entries," 
A, 190, now in the Public Record office, London, by Ed- 
mund Bailey O'Callaghan, editor, " Documents Relative to 
the Colonial History of the State of New York " (Albany, 
1854), IV., 266-273; instructions, ibid., 284-292. 

The text adopted is O'Callaghan's, which is the only 
printed source noted. 

Text. 
Commission for the R' Hon*"'* the Earl of Bellomont to be 
His Maj'y* Capt" General and GoV in Chief of His 
Maj'y^ province of New York and the territories de- 
pending thereon in America. 

William the third by the Grace of God King of Eng- 
land Scotland France and Ireland defender of the faith ettc. 



26 DOCUMENTS RELATING TO THE 

To our Right trusty and Right \velbeU)ved Cousin Richard, 
Earl of Bellomont, Greeting. We reposing especial trust 
and confidence in the prudence courage and loyalty of you 
the said Richard Earl of Bellomont, out of our especial 
grace certain knowledge and ineer motion, have thought fit 
to constitute and appoint, and we do by these presents con- 
stitute and appoint you the said Earl of Bellomont to be 
our Capt" General and Gov"" in cheif in, and over our prov- 
ince of New York and the territories depending thereon in 
America. 

And we do hereby require and command you to do and 
execute all things in due manner that shall belong unto your 
said command, and the trust we have reposed in you accord- 
ing to the several powers and directions granted or appointed 
you by this present Commission, and the Instructions here- 
with o-iven you, or by such further powers, Instructions 
and Authorities as shall at any time hereafter be granted or 
appointed you under our signet or sign manual, or by our 
order in our privy council, and according to such reasona- 
ble laws and Statutes, as now are in force, or hereafter shall 
be made and agreed upon by you with the advice and con- 
sent of the Council, and Assembly of our said province 
under your Govern' in such manner and forme as is here- 
after expressed. 

And we do hereby give and grant full power unto you 
the said Richard Earl of Bellomont after you shall first have 
taken an oath for the due execution of the OflSce and trust 
of our Capt" General and Gov"^ in Chief in and over our said 
province of New York and the territories depending thereon 
which our said Council or any five of them have hereby full 
power and authority, and are required to administer unto 
you, to give and administer to each of the members of our 
said Council, as well the oaths appointed by act of Parlm* to 
be taken instead of the oaths of Allegiance, and supremacy, 



TERRITORIAL HISTORY OF MAINE. 27 

as the Test and the oath for the due execution of their 
places and trusts and likewise to require them to subscribe 
the late association mentioned in an act of Parliament made 
in the 7'** and 8'^ years of our Reign, entituled : An act for 
the better security of His Mafy^ Royal person and Gov- 
ernment. . . . 

And lastly we do hereby declare ordain and appoint, 
that you the said Earl of Bellomont shall and may hold 
execute and enjoy the OflBce and place of our Capt° Gen- 
eral and Gov"" in chief in and over our province of New 
York and the territories depending thereon, together with 
all and singular the powers and Authorities hereby granted 
unto you, for and during our will and pleasure, immediately 
upon your arrival within our said province of New York 
and the publication of this our Commission from which time 
our Commission to our Trusty & welbeloved Benjamin 
Fletcher Esq : to be Capt" Gen^ and Gov"" in chief of our 
said province and territories depending thereon is immedi- 
ately to cease and become void. . . . 

In Witness whereof, We have caused these our letters 

to be made patents. Witnesses. Thomas Archbishop 

of Canterbury, and the rest of the Guardians and Justices 
of the Kingdome — At Westminster the IS'*" day of June 
in the ninth Year of our Reign 1697 



28 DOCUMENTS RELATING TO THE 



EXTRACTS FROM THE PEACE OF RYSWICK, BE- 
TWEEN WILLIAM III. OF ENGLAND AND 
LOUIS XIV. OF FRANCE. 

September 10/20, 1697. 

Sources. 

The peace concluded at Ryswick, September 10/20, 1697, 
by William III. of England and Louis XIV. of France was 
in reality but little more than a truce between the two 
powers. Nevertheless it rendered null the conquests made 
in Acadia during the conflict known as King William's War. 
Not only was Acadia relinquished to the French but the Sag- 
adahoc territory was again disputed ground. While the 
French claimed that it had been restored to them by 
the treaties of St. Germain and Breda, the Lords of Trade 
on the other hand urged the province to rebuild the fort at 
Pemaquid. 

It is of interest to note in the concluding articles of the 
treaty of Ryswick eff()rts toward arbitration as well as 
friendly mediation. 

The best Latin text of the terms of peace is that of Jean 
Dumont, "Corps Universel Diplomatique du Droit des 
Gens" (Amsterdam, 1731), VIL part ii., 399-402; from 
that source it is reprinted in both Latin and French in 
" Memoires des Commissaires du Roi et de ceux de sa 
Majeste Britannique, sur les Possessions et les Droits 
respectifs des deux Couronnes en Amerique " (Paris, 1755), 
II., 92-108. In French it is also in " Collection de Manu- 
scrits contenant Lettres, Memoires, et Autres Documents 
Ilistoriques relatifs a la Nouvelle-France " (Quebec, 1883), 
II., 227-236. The earliest English text is in " A General 
Collection of Treatys, Declarations of War, Manifestos, and 
Other Public Papers, relating to Peace and AYar " (London, 
1710), I., 302-308; and in another nearly contemporaneous 
edition, " A Collection of Treaties of Peace and Commerce, 
containing all those that have been concluded from the 
Peace of Munster, inclusive to this Time" (London, 1714), 



TERKITOKIAL HISTORY OF MAINE. 29 

180-182. More reliable texts are those of Charles Jenkin- 
son, " A Collection of all the Treaties of Peace, Alliance, 
and Commerce, between Great Britain and Other Powers, 
from . . . 1648, to . . . 1783" (London, 1785), I., 
299-305 ; and George Chalmers, " A Collection of Treaties 
between Great Britain and Other Powers " (London, 1790), 
I., 332-340. 

The text adopted for these extracts from the peace of 
Ryswick is that of Chalmers, from the copy "published by 
authority in 1697." 

Text. 

I. That there be an universal perpetual peace, and a 
true and sincere friendship, between the most Serene and 
Mighty Prince William the Third, King of Great Britain, 
and the most Serene and Mighty Prince Lewis the Four- 
teenth, the most Christian King, their heirs and successors, 
and between the kingdoms, states and subjects of both ; and 
that the same be so sincerely and inviolably observed and kept, 
that the one shall promote the interest, honour, and advan- 
tage of the other, and that on both sides a faithful neighbour- 
hood, and true observation of peace and friendship, may daily 
flourish and increase. 

II. That all enmities, discords, and wars, between the 
said King of Great Britain and the most Christian King, and 
their subjects, cease and be abolished, so that on both sides 
they forbear and abstain hereafter from all plundering, dep- 
redation, harm-doing, injuries, and infestation whatsoever, 
as well by land as by sea, and on fresh waters, every where ; 
and especially throughout all the kingdoms, territories, 
dominions, and places, belonging to each other, of what 
condition soever they be. 

III. That all offences, injuries, damages, which the said 
King of Great Britain and his subjects, or the said most 
Christian King and his subjects, have suffered from each 
other during this war, shall be forgotten, so that neither on 



30 DOCUMENTS RKLATING TO THE 

account of them, or for any other cause or pretence, neither 
party, or the subjects of either, shall hereafter do, cause, or 
suffer to be done, any hostility, enmity, molestation, or hin- 
derance to the other, by himself or others, secretly or 
openly, directly or indirectly, by colour of right or way 
of fact. . . . 

VII. The most Christian King shall restore to the said 
King of Great Britain, all countries, islands, forts, and 
colonies, wheresoever situated, which the English did 
possess before the declaration of this present war. And in 
like manner the King of Great Britain shall restore to the 
most Christian King all countries, islands, forts, and colo- 
nies, wheresoever situated, which the French did possess 
before the said declaration of war ; and this restitution shall 
be made, on both sides, within the space of six months, or 
sooner if it can be done. And to that end, immediately 
after the ratification of this treaty, each of the said Kings 
shall deliver, or cause to be delivered, to the other, or to 
commissioners authorized in his name for that purpose, all 
acts of concession, instruments, and necessary orders, duly 
made and in proper form, so that they may have their eflfect. 

VIII. Commissioners shall be appointed on both sides, 
to examine and determine the rights and pretensions which 
either of the said Kings hath to the places situated in Hud- 
son's Bay ; but the possession of those places which were 
taken by the French, during the peace that preceded this 
present war, and were retaken by the English during this 
war, shall be left to the French, by virtue of the foregoing 
article. The capitulation made by the English on the fifth 
of September, 1696, shall be observed, according to its form 
and tenor ; that the merchandizes therein mentioned shall 
be restored ; the governor of the fort taken there shall be 
set at liberty, if it be not already done ; the differences 
arisen concerning the execution of the said capitulation, and 



TERRITORIAL HISTORY OF MAINE. 31 

the value of the goods there lost, shall be adjudged and 
determined by the said commissioners ; who, immediately 
after the ratification of the present treaty, shall be invested 
with sufficient authority for settling the limits and confines 
of the lands to be restored on either side, by virtue of the 
foregoing article, and likewise for exchanging of lands, as 
may conduce to the mutual interest and advantage of both 
Kings. 

And to this end the commissioners so appointed shall, 
within the space of three months from the time of the rati- 
fication of the present treaty, meet in the city of London, 
and with in six months, to be reckoned from their first 
meeting, shall determine all differences and disputes which 
may arise concerning this matter ; after which, the articles 
the said commissioners shall agree to, shall be ratified by 
both Kings, and shall have the same force and vigour as if 
they were inserted word for word in the present treaty . . . 

XVI. Under this present treaty of peace shall be com- 
prehended those who shall be named by either party, with 
common consent, before the exchange of ratifications, or 
within six months after. But in the mean time, the most 
Serene and Mighty Prince William, King of Great Britain, 
and the most Serene and Mighty Prince Lewis, the most 
Christian King, gratefully acknowledging the sincere offices 
and indefatigable endeavours, which have been employed by 
the most Serene and Mighty Prince Charles King of Swe- 
den, by the interposition of his mediation, in bringing this 
happy work of the peace, with the Divine assistance, to the 
desired conclusion ; and to shew the like affection to him, 
it is by consent of all parties stipulated and agreed, that his 
said Sacred Royal Majesty of Sweden shall, with all his 
kingdoms, countries, provinces, and rights, be included in 
this treaty, and comprehended, in the best manner, in the 
present pacification. 



32 DOCUMENTS RELATING TO THE 

XVII. Lastly, the solemn ratifications of this present 
agreement and alliance, made in due form, shall be delivered 
on both sides, and niutually and duly exchanged at the 
royal palace ofRyswick, in the Province of Holland, within 
the space of three weeks, to be reckoned from the day of 
the subscription, or sooner if it may be. 

In testimony of all and every the things before mentioned, 
and for their greater force, and to give them all the 
vigour and full authority they ought to have, the under- 
written Ambassadors Extraordinary and Plenipoten- 
taries, together with the Illustrious and most Excellent 
the Extraordinary Ambassador Mediator, have signed 
and sealed the present instrument of peace. 
Done, &c. 

Signed by the English and French Ambassadors, and by 
the Mediator. 



CI. 

EXTRACTS FROM THE PEACE OF UTRECHT, 

BETWEEN QUEEN ANNE OF ENGLAND 

AND LOUIS XIV. OF FRANCE. 

March 31 -1710 
April 11' J^'^^- 

Sources. 

The treaty of peace and friendship, concluded April" u, 1713, 
between Queen Anne of England and Louis XIV. of 
France, was but one of many negotiations made at the con- 
gress of Utrecht. By this treaty Nova Scotia, or Acadia, 
"with its ancient boundaries" was ceded to England. 
Although Nova Scotia has ever since remained a British 
province, a long controversy, which gave rise to voluminous 
publications, resulted from indefinite terms of the bound- 
aries. 



TEKKITOUIAL HKSTOKY OF MAINE. 33 

The text of the treaty has been printed many times. In 
French it is found entire in Jean Dumont " Corps Univer- 
sel Diplomatique du Droit des Gens" (Amsterdam, 1731), 
VIII., part I, 339-342; it is ie[)rinte(l from that source in 
" M^moires des Commissaires du Roi et de ceux de sa 
Majest<5 Britannique, sur les Possessions et les Droits 
respectifs des deux Coui'onnes en Am^rique " (Paris, 1755), 
II., 113-136; in both Latin and Frencli in Casimir 
Freschot, " Actes, Mcmoires, & autres Pieces Authentiques 
concernant la Paix d'Utrecht " (Utrecht, 1714), II., 457- 
509. The entire text in English is in " A General Collec- 
tion of Treatys, Declarations of War, Manifestos, and 
Other Public Papers, rehitina to Peace and War " (London, 
1710), III., 378-422; Charles Jenkinson, "A Collection 
of all the Treaties of Peace, Alliance, and Conuuerce, 
between Great Britam and Other Powers from . . . 1648 
to . . . 1783 " (London, 1785), II., 5-40; and George 
Chalmers, "A Collection of Treaties between Great Britain 
and Other Powers" (London, 1790), I., 340-390; in both 
English and French it is in "A Collection of the Acts 
passed in the Parliament of Great Britain, and of Other 
Public Acts Relative to Canada " (printed by P. E. Des- 
barats, Quebec, 1800), 34-41. Extracts are cited by 
William BoUan, " The Importance and Advantage of Cape 
Breton " (London, 1746), 29-36 ; " Statement on the Part 
of the United States, of the Case referred, in pursuance of 
the Convention of 1827 ..." (printed, but not pub- 
lished, Washington, 1829), Appendix VII., 63; and 
William Houston, " Documents Illustrative of the Cana- 
dian Constitution" (Toronto, 1891), 3-5. 

The text adopted is that of Chalmers whose reprint was 
made from a copy " published by authority in 1713." 

Text. 

XII. The most Christian King shall take care to have 
delivered to the Queen of Great Britain, on the same day 
that the ratifications of this treaty shall be exchanged, 
solemn and authentic letters, or instruments, by virtue 
whereof it shall appear, that the island of St. Christopher's 
to be possessed alone hereafter by British subjects, likewise 
all Nova Scotia or Acadie, with its ancient boundaries, as 
Vol. II. 4 



34 • DOCUMENTS RELATING TO THE 

also the city of Port Royal, now called Annapolis Royal, 
and all other things in those parts, which depend on the 
said lands and islands, together with the dominion, pro- 
priety, and possession of the said islands, lands, and places, 
and all right whatsoever, by treaties, or by any other way 
obtained, which the most Christian King, the Crown of 
France, or any the subjects thereof, have hitherto had to 
the said islands, lands, and places, and the inhabitants of 
the same, are yielded and made over to the Queen of Great 
Britain, and to her crown, for ever, as the most Christian 
King doth at present yield and make over all the particu- 
lars abovesaid ; and that in such ample manner and form, 
that the subjects of the most Christian King shall hereafter 
be excluded from all kind of fishing in the said seas, bays, 
and other places, on the coasts of Nova Scotia, that is to 
say, on those which lie towards the east, within 30 leagues, 
beginning from the island commonly called Sable, inclu- 
sively, and thence stretching along towards the south-west. 
XIII. The island called Newfoundland, with the adja- 
cent islands, shall from this time forward belong of right 
wholly to Britain ; and to that end the town and fortress of 
Placentia, and whatever other places in the said island are 
in the possession of the French, shall be yielded and given 
up, within seven months from the exchange of the ratifica- 
tions of this treaty, or sooner, if possible, by the most 
Christian King, to those who have a commission from the 
Queen of Great Britain for that purpose. Nor shall the most 
Christian King, his heirs and successors, or any of their 
subjects, at any time hereafter, lay claim to any right to 
the said island and islands or to any part of it, or them. 
Moreover it shall not be lawful for the subjects of France to 
fortify any place in the said island of Newfoundland, or to 
erect any buildings there, besides stages made of boards, 
and huts necessary and usual for drying of fish ; or to resort 



TERRITORIAL HISTORY OF MAINE. d5 

to the said island, beyond the time necessary for fishing, 
and drying of tish. But it shall be allowed to the subjects 
of France to catch fish, and to dry them on hind, in that 
part only, and in no other besides that, of the said island of 
Newfoundland, which stretches from the place called Cape 
Bonavista to the northern point of the said island, and from 
thence running down by the western side, reaches as far as 
the place called Point Riche. But the island called Cape 
Breton as also all others, both in the mouth of the river of 
St. Lawrence, and in the gulph of the same name, shall 
hereafter belong of right to the French, and the most Chris- 
tian King shall have all manner of liberty to fortify any 
place or places there. 

XIV. It is expressly provided, that in all the said places 
and colonies to be yielded and restored by the most Chris- 
tian King, in pursuance of this treaty, the subjects of the 
said King may have liberty to remove themselves, within a 
year, to any other place, as they shall think fit, together 
with all their moveable etiects. But those who are willing 
to remain there, and to be subject to the kingdom of Great 
Britain, are to enjoy the free exercise of their religion, ac- 
cording to the usage of the church of Rome, as far as the 
laws of Great Britain do allow the same. 

XV. The subjects of France inhabiting Canada, and 
others, shall hereafter give no hinderance or molestation 
to the five nations or cantons of Indians, subject to the 
dominion of Great Britain, nor to the other natives ol~ 
America, who are friends to the same. In like manner, the 
subjects of Great Britain shall behave themselves peaceably 
towards the Americans who are subjects or friends to 
France ; and on both sides they shall enjoy full liberty 
of going and coming on account of trade. As also the 
natives of those countries shall, with the same liberty, 
resort, as they please, to the British and French colonies, 



36 DOCUMENTS RELATING TO THE 

for promoting trade on one side and the other, without any 
molestation or hmderance, eitlier on the part of the British 
subjects or of the French. But it is to be exactly and dis- 
tinctly settled by commissaries, who are, and who ought to 
be accounted the subjects and friends of Britain or of France. 



CII. 

EXPLANATORY CHARTER OF MASSACHUSETTS BAY, 
BY GEORGE I. OF ENGLAND. 

August 26 lyofj 
September (5 ' ^*^^- 

Sources. 

The "Explanatory Charter" of ^.".ftTlJe' 1725, with the 
box in which it was sent from England, is in the custody 
of the secretary of state for Massachusetts. Because it 
was designed to regulate omissions in the " Province Char- 
ter" in regard to the organization of the legislative assem- 
l)ly, the document is sometimes called the " Supplementary " 
Charter. It was accepted by the General Court, January 
15/26, 1725/6. The Explanatory Charter aflbrds an inter- 
esting stud}^ in the development of popular government. 
As it was the model of legislative proceedings it is printed 
entire in this compilation. 

It was hrst "printed for and sold by D. Henchman," 
under the title "The Explanatory Charter granted l)y His 
Majesty, King Georire I. to the Province of the Massachu- 
setts-Bay in New-England" (Boston, 1725/6), 2-7; later 
editions are by Nathan Dane, William Prescott, and Joseph 
Story, compilers, " The Charters and General Laws of the 
Colony and Province of Massachusetts Bay" (Boston, 1814), 
38-40, and Ben: Perley Poore, compiler, "The Federal 
and State Constitutions, Colonial Charters, and Other 
Organic Laws of the United States" (Washington, 1877), 
954-956. 



TERRITORIAL HISTORY OF MAINE. 37 

The text adopted here is that of Ellis Ames and Abner 
Cheney Goodoll, compilers, " The Acts and Resolves, pub- 
lic and private, of the Province of the Massachusetts Bay " 
(Boston, 1869), I., 21-23. 

Text. 

George by the Grace of God of Great Britain France 
and Ireland king Defender of the Faith &c To all to 
whom these Presents shall come Greeting Whereas Our 
late Royal Predecessors William and Mary King and Queen 
of England &c Did by their letters Patents under their 
Great Seal of England bearing date at Westminster the 
Seventh day of October in the Third year of their Reign for 
themselves theire Heires and Successors Vnite Erect and 
Incorporate the Territories and Colonies commonly called 
or known by the names of the Colony of the Massachusetts 
Bay and Colony of New Plymouth the Province of Main the 
Territory called Accada or Nova Scotia and all that Tract 
of land lying between the said Territorys of Nova Scotia 
and the said Province of Main into One Reall Province by 
the Name of Our Province of the Massachusetts Bay in 
New England And whereas their said late Majesties King 
William and Queen Mary did by the said recited letters 
Patents (amongst other things therein contained) for them- 
selves their Heires and Successors Ordain and Grant that 
there should and might be Convened held and kept by the 
Governor for the time being upon every last Wednesday in 
the Month of May every year forever and at all such other 
times as the Governor of the said Province should think fitt 
and Appoint a Great and Generall Court or Assembly which 
said Great and Generall Court or Assembly should Consist 
of the Governour and Council or Assistants for the time 
being and of such Freeholders of their said Province or 
Territory as should be from time to time elected or deputed 
by the major part of the Freeholders and other Inhabitants 



38 DOCUMENTS RELATING TO THE 

of the respective Towns or places who should be present at 
such Eleccons each of the said Towns and places being there- 
by impowercd to Elect and Depute two Persons and no 
more to Serve for and represent them respectively in the 
said Great and Generall Court or Assembly and that the 
Governor for the time being should have full Power and 
Authority from time to time as he should Judge necessary 
to adjourn Prorogue and Dissolve all Great and Generall 
Courts or Assemblies met and Convened as aforesaid And 
did thereby also for themselves their Heires and Successors 
Provide Establish and Ordain that in the Framing and 
Passing of all Orders laws Statutes and Ordinances and in 
all Eleccons and Acts of Government whatsoever to be 
passed made or done by the said Generall Court or Assem- 
bly or in Council the Governor of the said Province or 
Territory of the Massachusetts Bay in New England for the 
time being should have the Negative Voice and that without 
his Consent or Approbacon Signified and Declared in writ- 
ing no such Orders laws Statutes Ordinances Eleccons or 
other Acts of Government whatsoever so to be made passed 
or done by the said General Assembly or in Council should 
be of any force Effect or Validity anything therein contained 
to the contrary in any wise notwithstanding as in and by 
the said letters Patents (relacon being therevnto had) may 
more fully and at large appeare And Whereas no Provi- 
sion is made l)y the said recited letters Patents touching the 
Nominacon and Eleccon of a Speaker of the Representatives 
Assembled in any Great and Generall Court of Our said 
Province nor any particular Reservacon made of the Right 
of Vs Our Heires and Successors to approve or disa[)prove 
of such Speaker by the Governor of the said Province 
appointed or to be appointed l)y vs oi" them for the time 
being And no power is Granted by the said recited letters 
Patents to the said House of Representatives to adjourn 



TEUKITOKIAL HISTORY OF MAINE. 39 

themselves for any time whatsoever by means whereof 
divers Doul)ts and Controversies have Arisen within Our 
said Province to the Interrupcon of the Publick Business 
thereof and the obstruccon of Our Service Know Yee 
therefore that for removing the said Doubts and Controver- 
sies and preventing the like mischiefs for the future And 
also for the further Explanacon of the said recited letters 
Patents Wee of Our Especial Grace certain knowledge and 
meer mocon Have Granted Ordained and Appointed And 
by these Presents for Vs Our Heirs and Successors Do Will 
Grant Ordain and Appoint that for ever hereafter the Rep- 
resentatives Assembled in any Great or General Court of 
Our said Province to be hereafter Summoned shall upon the 
first day of their Assembling Elect a fit Person out of the 
said Representatives to be Speaker of the House of Repre- 
sentatives in such General Court and that the Person so 
Elected shall from time to time be presented to the Gov- 
ernor of Our said Province for the time being or in his 
absence to the lieutenant Governor or Comander in Chief of 
Our said Province for his Approbacon to which Governor 
lieutenant Governor and Comander in Chief respectively 
Wee do hereby for Vs Our Heires and Successors Give full 
power and Authority to approve or disapprove of the Per- 
son so Elected and presented which approbacon or disappro- 
bacon shall be Signifyed by him by Message in writing under 
his Hand to the said House of Representatives And in Case 
such Governour lieutenant Governor or Comander in Chief 
shall disapprove of the Person so Elected and presented or 
the Person so Elected and presented being approved as 
aforesaid shall happen to dye or by Sickness or otherwise 
be disabled from Officiating as Speaker in every such Case 
the said Representatives so Assembled shall forthwith Elect 
an other Person to be Speaker of the House of Represent- 
atives to be present and approved or disapproved in manner 



40 DOCUMENTS RELATING TO THE 

as .aforesaid and so from time to time as often as the Person 
so Elected and presented shall he disapproved of or happen 
to dye or become disabled as aforesaid And Our further 
Will and Pleasure is And Wee do by these presents of Our 
more abundant Grace for Vs Our Heires and Successors 
Grant Ordain and Appoint that it shall and may be lawfull 
to and for the Representatives assembled in any Great or 
Generall Court of Our said Province for the time being for 
ever hereafter to Adjourn themselves from day to day {and 
if occasion shall require) for the space of two days but not 
for any longer time than for the space of two days without 
leave from the Governor or in his Absence [from] the lieu- 
tenant Governor or Comander in Chief of our said Province 
for the time being first had and obtained in that behalfe 
any thing in the said recited lettei-s Patents contained to 
the Contrary thereof in any wise Notwithstanding Pro- 
vided always that nothing in these presents contained shall 
Extend or be Construed to Extend to revoke alter or prej- 
udice the Power and Authority by the said recited letters 
Patents Granted to the Governor of the said Province for 
the time being to Adjourn Prorogue and Dissolve all Great 
and General Courts or Assemblies of Our said Province 
And Lastly Wee do by these presents for Vs Our Heires 
and Successors Grant that these Our letters Patents or the 
Enrollment or Exemplificacon thereof shall be in and by all 
things good firm valid and Effectual in the law according to 
the true intent and meaning thereof notwithstanding the 
not rightly or fully reciting menconing or describing the 
said recited letters Patents or the Date thereof or any other 
Omission Imperfeccon Defect matter Cause or thing what- 
soever to the Contrary thereof in any wise notwithstanding 
In Witness whereof Wee have Caused these Our letters to 
be made Patents Witness William Archbishop of Canter- 
bury and the rest of the Guardians and Justices of the 



TEKRITORIAL HISTORY OF MAINE. 41 

Kingdom at Westminster the Six and twentieth day of 
August in the twelfth year of Our Reign 

By Writ of Privy Seal 

COCKS 

[Endorsed :] 

Massachusetts'' Bay Explanatory Chre. Ppetuity. 

COCKS. 



cm. 

COMMISSION TO COLONEL PHILIPPS AS GOVERNOR 
OF NOVA SCOTIA, BY GEORGE II. OF ENGLAND. 

September 11/22, 1728. 

Sources. 

The commission of Colonel Richard Philipps as captain- 
general and governor-in-chief of Nova Scotia was given by 
George II. of England, September 11/22, 1728. Although 
by the province charter of 1691, Nova Scotia was consoli- 
dated with Massachusetts Bay, yet, on account of its re- 
moteness, and the distracted condition resulting from Kins: 
William's war, the Lords of Trade in 1696 separated it. 
After the peace of Utrecht, Nova Scotia became a royal 
province. In subsequent negotiations the commissions of 
the first royal governors were used as evidence of separa- 
tion of the provinces. 

A transcript of the commission of 1728 to Colonel Phil- 
ipps, "extracted from the original articles," is in " Massa- 
chusetts Archives," V., 331-333, with instructions, July 
1/12, 1729, ibid., 334-337 ; with another of similar purport, 
issued two years later, it is printed in a " Statement on the 
Part of the United States, of the Case referred, in pursu- 
ance of the Convention of 1827 ..." (printed but not 
published, Washington, 1829), Appendix XV., 125-129; 
and an extract from the earlier commission was printed with 
" Resolves of the Eighth Legislature of the State of Maine " 




42 DOCUMENTS KELATING TO THE 

(Portland, 1828), Appendix, 119, 120; also "American 
State Papers, Foreiijn Relations" (Washino-ton, 1859\ 
VL,915. ^ V « ' >»» 

Study of the text shows that the date, 1719, of the 
printed forms, is an error. 

The text adopted for this compilation is that of the Mas- 
sachusetts Archives. 

Text. 

Copy of his Majesty's Commission to His Ex- 
cellency Rich*^ Philipps Esq"^ Gov"^ ot Nova 
Scotia &c. &c. 

George the Second by the Grace of God of Great Bri- 
tain, France & Ireland King Defender of the Faith &c To 
our Trusty & well beloved Rich'* Philipps Esq"" Greeting 
Whereas our late Royal Father of Blessed Memory did by 
his Letters Patents under his Great Seal of Great Britain, 
Bearing Date at Westminster the ninth day of July in the 
filth year of his Reign, Constitute & appoint you the said 
Rich** Philipps Gov"" of Placentia in Newfoundland & Cap- 
tain General & Governour in Chief in & over his Province 
of Nova Scotia or Acadia in America for & during his said 
late Majesty's Will & pleasure As by the said recited Let- 
ters Patents, relation being thereunto had may more fully 
and at large appear, In which said office by Virtue of the 
Statute in such case made & provided he was continued for 
y^ space of Six Months from the time of the Demise of His 
Late Majesty And by Virtue of our Royal Proclamation for 
that purpose Issued, Bearing Date the S"^'' day of July in 
the first year of our Reign he is continued untill our pleas- 
ure be further known or other Provision be made concern- 
ing the said Office Now Know you that we have Revok'd 
and Determin'd & by these Presents do revoke & Deter- 
mine the said recited Letters Patents & every Clause Arti- 
cle & thing therein contain'd ; And further Know you 



TERRITORIAL HISTORY OF MAINE. 43 

THAT WE reposing especial trust & Confidence in the Pru- 
dence Courage and Loyalty of you the said Rich*^ Phillips 
out of our Especial Grace, certain Knowledge and meer 
motion have thought fit to Constitute & appoint and by 
these Presents do Constitute & appoint you the said Rich'' 
Philipps to be our Governour of Placentia in Newfoundland 
& our Captain General & Governour in Chief in & over oui* 
Province of Nova Scotia, or Accadia in America ; And 
We do hereby require & Command you to Do & Execute 
all things in due manner that shall belong unto your said 
Command & the trust we have repos'd in you according to 
the several Powers & Authorities Granted or appointed you 
by this present Commission & Instruction herewith given 
you or by such further powers Instructions & Authorities 
as shall at any time hereafter be granted or appointed you 
under our Signett & Sign Manual or by our Order in our 
Privy Council & according to such reasonable Laws and 
statutes as hereafter shall be made & assented to by you 
with the Advice and Consent of our Council & Assembly 
of our said Province hereafter to be appointed ; And for 
the better Administration of Justice & Management of the 
publick Afiaires of our said Province We hereby give & 
Grant unto the said Rich'* Philipps full power & Authority 
to Choose, Nominate & Appoint such fitting & discreet 
persons as you shall either find there or carry along with 
you not Exceeding the number of twelve to be of our 
Council in our said Province till our further pleasure be 
known, any five whereof we do hereby appoint to be a Quo- 
rum ; Which being done you shall your selfe take & also ad- 
minister unto each of the Members of our said Council the 
Oaths mentioned in an Act pass'd in the first year of His 
said late Majesty's Reign Entituled (An Act for the further 
Security of His Majesty's Person & Government & the 
Succession of the Crown in the Heirs of the Late Princess 



44 DOCUMEiNTS RELATING TO THE 

Sophia being Protestants & for Extinguishing the Hopes 
of the Pretended Prince of Wales & his Open and secret 
Abettors) as also to make & subscril)e and cause them to 
make & subscribe the Declaration mentioned in an Act of 
Parliament made in the 25^'' year of the Reign of King 
Charles the Second Entituled (An Act for preventing Dan- 
gers which may happen from Popish Recusants) And you 
& every one of them are to take an Oath for the due Exe- 
cution of your & their places & trusts as well with regard 
to the equal & impartial Administration of Justice & all 
causes that shall come before you as in all other matters, 
and likewise the Oath requir'd to be taken by all Gov- 
ernours of Plantations to do their utmost that the Laws 
relating to the plantation be observed all which Oaths We 
do hereby impower any five of our said Council to Admin- 
ister to you ; And we do hereby Give and Grant unto you 
the said Rich'* Philipps by your self, or by your Captain & 
Commanders by you Authoriz'd full power & authority 
to Levy, arm, muster, Command & employ all Persons 
whatsoever Residing within our said Province of Nova 
Scotia under our Government, And as Occasion shall serve 
to march from one place to another or to Embarque them 
for the resistance & Withstanding ot all Enemies & such 
Enemies, Pyrates and Rebells both at Sea & Land & to 
transport such forces to anj^ of our Plantations in America 
if necessity shall require for the Defence of the same against 
the Invasion or Attempts of any of our Enemies and such 
Enemies, Pyrates & Rebels if there shall be Occasion to 
pursue & prosecute in or out of the Limits of our said 
Province & if it shall so please God them to Vanquish 
Apprehend & take & being taken according to Law to put 
to Death or keep & preserve alive at your Discretion & to 
Execute Martial Law in time of Invasion, Insurrection or 
other times when by Law it may be executed and to Do 



TERRITORIAL HISTORY OF MAINE. 45 

Execute all & every other thing & things which to our 
Capt" General & Gov'' in Chief doth or ought of right to 
belong ; And we do likewise Give & Grant unto you full 
power & Authority by & with the Advice & Consent of our 
said Council to settle & agree with the Inhabitants of our 
said Province of Nova Scotia for such Lands, Tenements, 
Hereditaments as now are or hereafter shall be in our Power 
to Dispose of them to Grant unto any person or {)ersons 
upon such fines and under such moderate Quit Rents, Ser- 
vices & Acknowledgements to be thereupon reserv'd unto 
us as you (by & with y® Advice aforesaid) shall think 
fitt which said Grants being enter'd upon Record by such 
Officer as you shall appoint thereunto shall be good & 
Effectual in Law against us our Heirs and Successors ; And 
we do hereby Give and Grant unto you the said Rich*^ Phil- 
ipps or to any five or more of the Council full power and 
Authority to administer the forementioned Oaths unto every 
person in the said Province capable by the Laws to take 
the same, And we do hereby further give full power & 
Authority to you the said Rich** Philipps to do Execute & 
Perform all & every such further Act & Acts as shall or 
may tend & Conduce to the Security of our said Province 
and the good People thereof and to the Honour of our 
Crown, And our further Will & pleasure is And we do 
hereby require & Command all Officers & Ministers Civil 
and Military, with all other Inhabitants of our said Province 
of Nova Scotia to be Obedient Aiding and Assisting unto 
you the said Rich'* Philipps in the Execution of this our 
Commission & of the Powers and Authorities herein con- 
tain'd & in case of your Death or Absence out of our said 
Province to be Obedient, Aiding and Assisting to such per- 
son as is or shall be appointed by us, to be our Lieu* Gov"" 
or Commander in Chief for the time being, to whom we do 
therefore by these Presents give and Grant all & Singular 



46 DOCUMENTS RELATING TO THE 

the Powers & Authorities herein Granted to be by him 
Executed & Enjoy'd during our Pleasure or until your 
Arrival within our said Province ; And we do hereby De- 
clare, Ordain & appoint that you the said Rich*^ Philipps 
shall & may hold, Execute & Enjoy the Office & Place of 
our Governour of Placentia in Newfoundland and our Capt" 
General & Gov"" in Chief in & Over our said Province of 
Nova Scotia with all its Rights & Appurtenances whatso- 
ever together with all & Singular the Powers & Authoritys 
hereby Granted unto you for & During our Will & Pleas- 
ure ; In Witness whereof we have Caus'd these our 
Letters to be made Patents Witness ourself at Westminster 
the Eleventh Day of September in the Second year of our 
Reign 

Extracted from the By Writt of Privy Seal 

Records BISSE & BRAY 

W. Shereff Sect 



CIV. 

EXTRACTS FROM DECISION ON THE NORTHERN 

BOUNDARY BETWEEN MASSACHUSETTS AND NEW 

HAMPSHIRE, BY GEORGE II. OF ENGLAND. 

August 5/16, 1740. 

Sources. 

In 1737 the Board of Trade selected commissioners to 
investigate the northern boundary claims, with a view to 
the settlement of the long controversy between Massachu- 
setts and New Hampshire. The king's decision on the 
return of the commissioners was rendered August 5/16, 



TERRITORIAL HISTORY OF MAINE. 47 

1740, and was sent over at once with instructions to Jona- 
than Belcher, governor-in-chief of the Province of Massa- 
chusetts Bay. The northern line, as established in 1740, 
was the basis of the present boundary between Maine and 
New Hampshire ; although inexact knowledge of the varia- 
tion of the magnetic needle caused errors, they were 
corrected by later surveys. 

"Walter Bryant's journal which, as he stated on oath, was 
a true and exact record of the survey in 1741 is in the 
Massachusetts Archives ; it was first published in the " His- 
torical Magazine " (187J), XIX., 17-19 ; later by Nathaniel 
Bouton, compiler, "Records of New Hampshire, Provincial 
Papers" (Manchester, 1872), VI., 349-351. 

There are several manuscript copies of the commissioners' 
*' Report " and the king's "Decision," in "Massachusetts 
Archives," v., 115-119 ; New Hampshire MSS., " Province 
Boundaries," 161 ; and " Masonian Papers," IV., 171. The 
report was first printed by Jeremy Belknap, "History of 
New Hampshire" (Boston, 1791), II., 143-145. Both the 
report and the king's decision are in a " Statement on the 
Part of the United States, of the Case referred, in pursu- 
ance of the Convention of 1827 ..." (printed but not 
published, Washington, 1829), Appendix XXIV., 207-209. 
In New Hampshire Historical Society "Collections," II., 
267-290, is " An Historical Sketch of the Northern Boun- 
dary of New Hampshire." The documents relating to the 
controversy have been collected and published by Albert 
Stillman Batchellor, editor, " Provincial Papers of New 
Hampshire, 1679-1764" (Manchester, 1891), XIX.; the 
royal decision is found in pages 476-479. 

The text here adopted for the extracts relating to the 
boundary between the District of Maine and the Province 
of New Hampshire is that of the " Massachusetts Archives." 

Text. 

SS*** Whereas Disputes and Controversies have for 
many Years subsisted between His Majesty's loving Subjects 
of ye Provinces of the Massachusetts Bay & New Hampshire 
in New England in regard to the boundaries between the 
said Provmces — and Whereas his Majesty was pleased by 
his order in Council Dated 22"*^ January 1735 to direct that 



48 DOCUMENTS RKLATING TO THE 

Commissioners should be appointed to mark out the divid- 
ing Line between the said Provinces — and also by His 
Majesty's Order in Council of the 9"' February 1736 to 
direct that a Commission should be prepared and passed 
under the Great Seal (which said Commission was accord- 
ingly issued out) for Authorizing such Commissioners to 
meet within a limited time, to mark out the dividing line 
between the said Provinces, with Liberty to either Party 
who should think themselves aggriev'd by the determina- 
tion of the said Commissioners to appeal therefrom to His 
Majesty in Council : which said Commissioners did make 
their report in the following words ; — 

" In Pursuance of His Majesty's aforesaid Commission 
"the Court took under Consideration the Evidences, Pleas 
" and Allegations offered and made by each Party, referring 
"to the controversy depending between them — and upon 
" mature advisement on the whole, a doubt arose in point 
" of Law, and the Court thereupon came to the following 
"resolution viz' . . . as to the Northern Boundar}^ be- 
" tween the said Provinces the Court resolves and Deter- 
" mines that the dividing Line shall pass up thr8 the mouth 
" of Piscataqua Harbor and up the middle of the River into 
"the River Newichwannock (part of which is now called 
" Salmon falls) and thr6 the middle of the same to the fur- 
" thest head thereof, and from thence North Two degrees 
" Westerly, untill one hundred and Twenty miles be finished 
" from the mouth of Piscataqua Harbor aforesaid; or untill 
" it meets with his Majesty's other governments and that the 
" dividing Line shall part the Isles Shoals and run thro' the 
"middle of the Harbor between the Islands to the Sea on 
" the Southerly Side — and that the South westerly part of 
"the said Jslands shall lie in and be accounted part of the 
" Prov*'® of New Hampshire, and that the North easterly 
"part thereof shall lie in and be accounted part of the 



TERRITOKIAL HISTOUY OF MAINE. 49 

" Province of the Massachusetts Bay, and be held and en- 
" joyed by the said Provinces respectively, in the same 
" manner as they now do, and have heretofore held and en- 
'* joyed the same ; and the Court do further adjudge that the 
'* Cost and Charges arising by taking out the Commission as 
" also of the Commissioners and their Officers viz* the two 
*' Clerks, Surveyor and Waiter for their Travelling Ex- 
" pences and attendance in the Execution of the same, be 
" equall}' borne by the said Provinces" . . . 

which said Report of the said Committee of Council, his 
Majesty hath been pleased with the advice of his Privy 
Council to approve, and to declare, adjudge & order that 
the northern boundary of the said Province of the Massa- 
chusetts Bay are and be a simihir Curve line pursuing the 
course of Merrimack River at three miles distance on the 
North side thereof . . . and to affirm thereof of the rest of 
the Commissioners said Report or Determination — 

Whereof the Governor or Commander in Chief of His 
Majesty's said Provinces for the time being, as also His Maj- 
est3''s respective Councils and Assemblies thereof, and all 
others whom it may concern are to take notice. — 

It is therefore His Majesty's Will and Pleasure and you 
are hereby required and enjoyned under pain of His Maj- 
esty's highest displeasure and of being removed from your 
government to take especial care that his Majesty's Com- 
mands in this behalf arc Executed in the most effectual and 
expeditious manner to the end that His Majesty's good 
intentions for promoting the Peace and Quiet of the said 
Provinces may not be frustrated or delayed ; and you are 
likewise hereby directed to Communicate this Instruction to 
the Council and Assembly of His Majesty's said Province of 
New Hampshire, and to cause the same to be entered in the 
Council Book thereof. — 

Vol. II. 5 



50 DOCUMENTS KKLATING TO THE 

And for 3'our fiutlier Information herein an Authentic 
Copy of the Phm returned for y® said Commissioners is 
hereunto annexed. 

True Cop3' as upon Record., 

(T : Atkinson Jun Sec'^ 



CV 

EXTRACTS FROM THE TREATY OF AIX-LA-CHA- 

PELLE, BETWEEN GEORGE II. OF ENGLAND, LOUIS 

XV. OF FRANCE, AND THE STATES GENERAL. 

October 18, N. S., 1748. 

Sources. 

The definitive treaty of peace between George II. ot 
England, Louis XV. of Fiance, and the States General, 
which was concluded at Aix-la-Chapelle, received also the 
sanction of the other great European powers. In the sur- 
render of L()uisl)ui-g and Cape Breton, although England 
virtually gave to France all the advantages gained by recent 
victories, the boundaries were left as before the war. By 
the appointment of Commissioners, according to the new 
treaty, an unsuccessful attempt was made to determine the 
ancient limits. Governor Shirley of Massachusetts re})re- 
sented the English government on the conuuission, which 
spent four years at Paris in futile attempts to adjust con- 
flicting claims. That the discussions, and the evidence 
amassed were extensive, is shown by the quarto volumes of 
" Menioires des Connnissaires du Roi, et de ceux de sa 
Majestc Britannique, sur les Possessions et les Droits respec- 
tifs des deux Couronnes en Amerique" (Paris, 1755-1757), 
and "The Memorials of the English and French Commis- 
saries Concerning the Limits of Nova Scotia or Acadia 
(London, 1755) ; in 175() a duodecimo edition of the 
" Memoircs " was published in Paris, and whenever fresh 
material had been collected both English and French edi- 
tions followed as rejoinders. Mitchell's map, which was 
the basis of the decisions of subsequent commissions, under 



TEKRITOKIAL HISTORY OF MAINE. 51 

the tretity of Ghent, was piil)lished in 1755 for the Lords 
of Titule. 

An earl}' text of the treaty of Aix-hi-Chapelle is that of 
Frid. Aug. Guil. Wenok " Codex Juris Gentium liecentis- 
simi" (Leipziof, 1788), II., 337-3(Jl. The treaty was 
printed in English by CharU^s Jenkinson, "A Collection of 
all the Treaties of Peace, Alliance and Commerce, between 
Great-Britain and Other Powers, from . . . 1648 to . . . 
1783" (London, 1785), II., 370-387 : and George Chalmers, 
"A Collection of Treaties between Great Britain and Other 
Powers" (London, 1790), I., 424-443. 

The text followed in this reprint is that of Chalmers, 
which is based on the authorized version. 

Text. 

I. There shall be a christian, universal, and perpetual 
peace, as well by sea as land, and a sincere and lasting 
friendship, between the eight Powers abovementioned, and 
between their heirs and successors, kingdoms, states, prov- 
inces, countries, subjects, and vassals, of what rank and 
condition soever they may be, without exception of places 
or persons. So that the high contracting Powers may have 
the greatest attention to maintain, between them and their 
said states and subjects, this reciprocal friendship and cor- 
respondence, not permitting any sort of hostilities to be 
committed, on one side or the other, on any cause, or under 
any pretence whatsoever; and avoiding every thing that 
may, for the future, disturb the union happily re-estab- 
lished between them ; and, on the contrary, endeavouring to 
procure, on ail occasions, whatever may contril)ute to their 
mutual glory, interests, and advantage, without giving any 
assistance or protection, directly or indirectly, to those who 
would injure or prejudice any of the said high contracting 
parties. 

II. There shall be a general oblivion of whatever may 
have been done or committed during the war now ended. 
And all persons, upon the day of the exchange of the 



52 DOCUMENTS HKLAT1N(1 TO THE 

ratifications of all the parties, shall })g maintained or 
re-established in the possession of all the eflects, dignities, 
ecclesiastical benefices, honours, revenues, which they en- 
joyed, or ought to have enjoyed, at the commencement of 
the war, notwithstanding all dispossessions, seizures, or 
confiscations, occasioned by the said war. 

III. The treaties of Westphalia of 1648 ; those of Mad- 
rid, between the crowns of England and Spain, of 1667 
and 1(570; the treaties of peace of Nimeguen of 1678 and 
1679 ; of Ryswick of 1697 ; of Utrecht of 1713 ; of Baden 
of 1714; the treaty of the triple alliance of the Hague of 
1717; that of the quadruple alliance of London of 1718; 
and the treaty of peace of Vienna of 1738, serve as a basis 
and Ibundation to the general peace, and to the present 
treaty ; and, for this purpose, they are renewed and con- 
firmed in the best form, and as if they were herein inserted 
word for word ; so that they shall be punctually observed 
for the future in all their tenor, and religiously executed on 
the one side and the other ; such points, however, as have 
been derogated from in the present treaty excepted. 

IV. All the prisoners made on the one side and the 
other, as well by sea as by land, and the hostages required 
or given during the war, and to this day, shall be restored, 
without ransom, in six weeks at latest, to be reckoned from 
the exchange of the ratification of the present treaty ; and 
it shall be immediately proceeded upon after that exchange : 
and all the ships of war, as well as merchant vessels, that 
shall have been taken since the expiration of the terms 
agreed upon for the cessation of hostilities at sea, shall be, 
in like manner, faithfully restored, with all their equipages 
and cargoes ; and sureties shall be given on all sides for 
payment of the debts, which the prisoners or hostages may 
have contracted, in the states where they had been detained, 
until their full discharge. 



TERRITORIAL HISTORY OF MAINE. 53 

V. All the conquests, that have been made since the 
commencement of the war, or which, since the conclusion 
of the preliminary articles, signed the 30th of April last, 
may have been or shall be made, either in Europe, or the 
East or West Indies, or in any other part of the world 
whatsoever, being to be restored without exception, in con- 
formity to what was stipulated by the said preliminary arti- 
cles, and by the declarations since signed ; . . . 

VIII. In order to secure and effectuate the said restitu- 
tions and cessions, it is agreed, that they shall be entirely 
executed and accomplished on all sides, in Europe, within 
the term of six weeks, or sooner if possible, to be reckoned 
from the day of the exchange of the ratifications of all the 
eight Powers ; it being provided, that in fifteen days after 
the signing of the present treaty, the generals, or other 
persons, whom the high contracting parties shall think 
proper to appoint for that purpose, shall meet at Brussels 
and at Nice, to concert and agree on the method of pro- 
ceeding to the restitutions, and of putting the parties in 
possession, in a manner equally convenient for the good of 
the troops, the inhabitants, and the respective countries ; 
but so that all and each of the high contracting Powers 
may be, agreeable to their intentions, and to the engage- 
ments contracted by the present treaty, in full and peacea- 
ble possession, without any exception, of all that is to be 
acquired to them, either b}^ restitution or cession, within 
the said term of six weeks, or sooner if possible, after 
the exchange of the ratifications of the present treaty by 
all the said eight Powers. 

IX. In consideration that, notwithstanding the recipro- 
cal engagement taken by the eighteenth article of the pre- 
liminaries, importing that all the restitutions and cessions 
should be carried on equally, and should be executed at the 
same time, his most Christian Majesty engages, by the sixth 



54 DOCUMENTS RELATING TO THE 

article of the present treaty, to restore within the space ot 
six weeks, or sooner if })()ssihle, to be reckoned from the 
day of the exchanire of the ratifications of the present 
treaty, all the conquests which he has made in the Low 
Countries ; whereas it is not possible, considering the dis- 
tance of the countries, that what relates to America should 
be effected within the same time, or even to fix the time of 
its entire execution ; his Britannic Majesty likewise engages 
on his part to send to his most Christian Majesty, immedi- 
ately after the exchange of the ratifications of the present 
treaty, two persons of rank and consideration, who shall 
remain there as hostages, till there shall be received a cer- 
tain and authentic account of the restitution of Isle Royal, 
called Cape Breton, and of all the conquests which the arms 
or subjects of his Britannic Majesty may have made, before 
or after the signing of the preliminaries, in the East and 
West Indies. 

Their Britannic and most Christian Majesties oblige them- 
selves likewise to cause to bo delivered, upon the exchange 
of the ratifications of the present treaty, the du})licates 
of the orders addressed to the commissaries appointed to 
restore and receive, respectively, whatever may have been 
conquered on either side, in the said East and West Indies, 
agreeably to the second article of the preliminaries, and to 
the declarations of the 21st and 31st of May, and the 8th 
of July last, in regard to what concerns the said conquests 
m the P^ast and West Indies. Provided nevertheless, that 
Isle Royal, called Cape Breton, shall be restored, with all 
the artillery and warlike stores which shall have been found 
therein on the day of its surrender, conformably to the 
inventories which have been made thereof, and in the con- 
dition that the said place was in on the said day of its 
surrender. As to the other restitutions, they shall take 
place conformably to the meaning of the second article of 
the preliminaries, and of the declarations and convention of 



TERRITORIAL HISTORY OF MAINE. 55 

the 21st and 31st of May, and the 8th of July last, in the 
condition in which things were on the 11th of June, N.S. 
in the West Indies, and on the 31st of October also, N.S. 
in the East Indies. And every thing besides shall be re-es- 
tablished on the foot that they were or ought to be before 
the present war. 

The said respective commissaries, as well those for the 
West, as those for the East Indies, shall be ready to set 
out on the first advice that their Britannic and most 
Christian ^Majesties shall receive of the exchange of the 
ratitications, furnished with all the necessary instructions, 
commissions, powers, and orders, for the most expeditious 
accomplishment of their said Majesties intentions, and of 
the engagements taken by the present treaty. 



CVI. 

EXTRACTS FROM THE PEACE OF PARIS, BETWEEN 
GEORGE III. OF ENGLAND AND LOUIS 
XV. OF FRANCE. 

February 10, 1763. 

8ources. 

The definitive treaty of peace and friendship, concluded 
at Paris, February 10, 1763, between George III. of Eng- 
land and Louis XV. of France, was the closing act in the 
long conflict between the two powers in North America. 
With the exception of the islands of St. Pierre and Clique- 
Ion, France ceded the whole of her northern territory to 
Great Britain. 

The treaty has been so often published that it would be 
hardly possible to give a full list of references. The earli- 
est Engli.^h prints were in the periodicals of that period : 
"The Annual Kegi-ster" (1762), 233-243 ; "The Gentle- 
man's Magazine" (1763), 121-126, with map (page 576), 
giving boundaries of the newly acquired territory; "The 
London ^Magazine" (1763), 149-155; and Hansard, "The 
Parliamentary History of England" (1753-1765), XV., 



56 DOCUMENTS RELATING TO THE 

1291-1305. In ironenil collections of treaties it is printed 
by Charles Jenkinson, "A Collection of all the Treaties of 
Peace, Alliance, and Commerce, between Great Britain and 
Other Powers, from . . . 1648 to . . . 1783" (London, 
1785), III., 177-193; George Chalmers, "A Collection 
of Treaties between Great Britain and Other Powers" 
(London, 1790), I., 467-484; Frid. Aug. Guil. Wenck, 
*' Codex Juris Gentium Recentissimi " (Leipzig, 1795), 
III., 329-348; and George Frederic de Martens,"" Recueil 
de Traites . . . dcs Puissances et dtats de I'Europe ..." 
(Gottingue, 1817), L, 104-121. Extracts are in a " State- 
ment on the Part of the United States, of the Case 
referred, in pursuance of the Convention of 1827 ..." 
(printed but not published, Washington, 1829), Appendix, 
VIL, 64, 65 ; David Mills, M. P., "A Report on the Bound- 
aries of the Province of Ontario" (Toronto, 1873), 218, 
219 ; Charles Lindsey, "An Investiuation of the Unsettled 
Boundaries of Ontario" (Toronto, ^873), 118, 119 ; Wil- 
liam Houston, " Documents Illustrative of the Canadian 
Constitution" (Toronto, 1891), 61-65 ; William Kingsford, 
"The History of Canada" (London and Toronto, 1890), 
IV., 505-507, and William Macdonald, editor, "Select 
Charters and Other Documents, Illustrative of American 
History, 1606-1775" (New York, 1899), 261-266. 

The extracts which relate both to the cession of Canada 
and Nova Scotia, and to the rights of tishing in certain 
waters are taken from "The Annual Register," 1762, which 
contains an authorized copy. 

Text. 
The Definitive Treaty of friendship and peace between his 
Britannic majesty, the most Christian king, and the 
king of Spain. Concluded at Paris, the 10''> day of 
February, 17(53. To which the king of Portugal 
acceded the same day. 

In the name of the most Holy and Undivided Trinity, 
Father, Son, and Holy Ghost. So be it. 

IV. His most Christian majesty renounces all preten- 
sions which he has heretofore formed, or might form, to 



TERRITORIAL HISTORY OF MAINE. 57 

Nova Scotia, or Actidia, in all its parts, and guaranties the 
whole of it, and with all its dependencies, to the knig of 
Great Britain : moreover, his most Christian majesty cedes 
and guaranties to his said Britannic majesty, in full right, 
Canada, with all its dependencies, as well as the island of 
Cape Breton, and all the other islands and coasts in the 
gulph and river of St. Lawrence, and, in general, every- 
thing that depends on the said countries, lands, islands, and 
coasts, with the sovereignty, property, possession, and all 
rights acquired by treaty or otherwise, which the most 
Christian king, and the crown of France, have had, till 
now, over the said countries, islands, lands, places, coasts, 
and their inhabitants, so that the most Christian king cedes 
and makes over the whole to the said king, and to the crown 
of Great Britain, and that in the most ample manner and 
form, without restriction, and without any liberty to depart 
from the said cession and guaranty, under any pretence, or 
to disturb Great Britain in the possessions above-mentioned. 
His Britannic majesty on his side, agrees to grant the lib- 
erty of the Catholic religion to the inhabitants of Canada : 
he will consequently, give the most eflectual orders, that 
his new Roman Catholic subjects may profess the worship 
of their religion, according to the rites of the Romish 
church, as far as the laws of Great Britain permit. His 
Britannic majesty further agrees that the French inhabi- 
tants, or others, who had been the subjects of the most 
Christian king in Canada, may retire with all safety and 
freedom where-ever they shall think proper, and may sell 
their estates, provided it be to subjects of his Britannic 
majest}', and bring away their effects, as well as their per- 
sons, without being restrained in their emigration, under 
any pretence whatsoever except that of debts, or of criminal 
prosecutions ; the term, limited for this emigration, shall be 
fixed to the space of eighteen months, to be computed from 



58 DOCUMENTS RELATING TO THE 

the day of the exchange of the ratitications of the present 
treaty. 

V. The subjects of France shall have the liberty of 
fishing and drying on a part of the coasts of the ishmd of 
Newfoundland, such as is specified in the 13th article of the 
treaty of Utrecht ; which article is renewed and confirmed 
by the present treaty, (except what relates to the island of 
Cape Breton, as well as to the other islands, and coasts in 
the mouth and in the gulph St. Lawrence) : and his Bri- 
tannic majesty consents to leave the subjects of the most 
Christian king the liberty of fishing in the gulph of St. 
Lawrence, on condition that the subjects of France do not 
exercise the said fishery, but at the distance of three leagues 
from all the coasts belonging to Great Britain, as well those 
of the continent, as those of the islands situated in the said 
gulph of St. Lawrence. And as to what relates to the fish- 
ery on the coast of the island of Cape Breton out of the 
said gulph, the subjects of the most Christian king shall 
not be permitted to exercise the said fishery, but at the 
distance of fifteen leagues from the coasts of the island of 
Cape Breton ; and the fishery on the coasts of Nova Scotia 
or Acadia, and every where else out of the said gulph, shall 
remain on the foot of former treaties. 

VI. The king of Great Britain cedes the islands of St. 
Pierre and Miquelon, in full right, to his most Christian 
majesty, to serve as a shelter to the French fishermen ; and 
his said Christian majesty engages not to fortify the said 
isknds, to erect no buildings upon them, but merely for the 
convenience of the fishery, and to keep upon them a guard 
of fift}' men only for the police. . . . 

XXVI. Their sacred Britannic, most Christian, Catho- 
lic, and most Faithful majesties, promise to observe, sin- 
cerely, and bona fide, all the articles contained and settled 
in the present treaty ; and they will not suffer the same to 



TERRITORIAL HISTORY OF MAINE. 59 

be infringed, directly or indirectly, by their respective 
subjects ; and the suid high contracting parties, generally 
and reciprocally, guaranty to each other all the stipulations 
of the present treaty. 

XXVII. The solemn ratifications of the present treaty, 
expedited in good and due form, shall be exchanged in this 
city of Paris, between the high contracting parties, in the 
space of a mouth, or sooner if possible, to be computed 
from the day of the signature of the present treaty. 

In witness whereof. We the underwritten, their ambas- 
sadors extraordinary and ministers plenipotentiary, have 
signed with our hand, in their name, and in virtue of our 
full powers, the present definitive treaty, and have caused 
the seal of our arms to be put thereto. 

Done at Paris the 10th of February, 1763. 

[L. S.] Bedford, C. P. S. 

[L. S.] Choiseul, Due de Praslin. 

[L. S.] El Marq. de Grimaldi. 



CVII. 

EXTRACTS FROM PROCLAMATION ERECTING THE 

PROVINCE OF QUEBEC, BY GEORGE III. OF 

ENGLAND. 

October 7, 1763. 

Sou7'ces. 

By a proclamation of George III., October 7, 1763, the 
territory of Canada was erected into a distinct government 
under the name of Quebec. The limits defined under this 
proclamation were used in subsequent negotiations and 
boundary commissions. 



60 DOCUMENTS RELATING TO THE 

The proclamation is in the "Annual Register" (1763), 
208-213 ; ill both French and EnoHsh in " A Collection of the 
Acts passed in the Parliament of Great Britain, and of Other 
Puhlic Acts relative to Canada," (})iinted by P. E. Des- 
barats, Quebec, 1800), 26-34; "Statement on the Part of 
the United States of the Case referred, in pursuance of the 
Convention of 1827 . . . " (printed but not published, 
Washington, 1829), Appendix XVII., 165-168; "Ameri- 
can Archives, a Documentary History of the North American 
Colonies" (Washington, 1837), 4th Series, I., 172-175; 
David Mills, M. P. "A Report on the Boundaries of the 
Province of Ontario" (Toronto, 1873), Appendix F., 192- 
198; William Houston, " Docunients Illustrative of the 
Canadian Constitution " (Toronto, 1891), 67-71 ; Channing 
and Hart, " American History Leaflets," No. 5, pp. 10-16^ 
and William Macdonald, " Select Charters and Other Doc- 
uments illustrative of American History, 1606-1775 " (New 
York, 1899), 267-272. 

In " Massachusetts Archives," V., there is inserted a 
printed sheet with the Royal Proclamation as it was first 
made public, and that is the text adopted for the following 
extracts. ° 

Text. 

By the King 
A PROCLAMATION 

GEORGE R. 
WHEREAS we have taken into Our Royal Consideration 
the extensive and valuable Acquisitions in America, secured 
to Our Crown by the late Definitive Treaty of Peace, con- 
cluded at Paris the 10th day of February last ; and being 
desirous, that all Our loving subjects, as well of our King- 
doms as of our Colonies in America, may avail themselves, 
with all convenient Speed, of the great Benefits and Advan- 
tages which must accrue therefrom lo their Commerce, 
Manufactures, and Navigation ; We have thought fit, with 
the advice of our Privy Coun(;il, to issue this our Royal 
Proclamation, hereby to publish and declare to all Our 



TERKITOKIAL HISTORY OF MAINE. 61 

loving subjects, that we have, with the Advice of our said 
Privy Council, granted our Letters Patent under Our Great 
Seal of Great Britain, to erect within the Countries and 
Islands, ceded and confirmed to Us by the said Treaty, 
Four distinct and separate Governments, stiled and called 
by the names of Quebec, East Florida, West Florida and 
Grenada, and limited and bounded as follows ; viz. 

First. The Government of Quebec, bounded on the 
Labrador Coast by the River St. John, and trom thence by 
a Line drawn from the Head of that River, through the 
lake St. John, to the South end of the Lake nigh Pissin, 
from whence the said Line crossing the River St. Lawrence, 
and the Lake Champlain in Forty-five degrees of North 
latitude, passes along the High Lands which divide the 
Rivers that empty themselves into the said River St. Law- 
rence from those which fall into the Sea ; and also along 
the North Coast of the Baye des Chaleurs, and the Coast of 
the Gulf of St. Lawrence to Cape Rosieres, and from thence 
crossing the Mouth of the River St. Lawrence by the West 
End of the Island of Anticosti, terminates at the aforesaid 
River of St. John. ... 

Fourthly. The Government of Grenada, comprehending 
the Island of that Name, together with the Grenadines, and 
the Islands of Dominico, St. Vincents, and Tobago. And 
to the end that the open and free Fishery of Our Subjects 
may be extended to, and carried on, upon the Coast of 
Labrador and the adjacent Islands, we have thought fit, with 
the advice of Our said Privy Council, to put all that Coast 
from the river St. John's to Hudson's Streights, together 
with the Islands of Anticosty and Madelaine, and all smaller 
Islands lying upon the said Coast, under the Care and In- 
spection of our Governor of Newfoundland. 



62 DOCUMENTS RELATING TO IHE 

We have also with the advice of our Privy Council, 
thousht fit to annex the Ishinds of St. John's, and Cape 
Breton, or Isle Royale, with the lesser Islands adjacent 
thereto, to Our Government of Nova Scotia. . . . 

Given at Our Court at Saint James's, the Seventh Day of 
October, One thousand seven hundred and sixty-three, in 
the Third Year of Our Reign. 

God save the King. 



CVIII. 

EXTRACT FROM THE QUEBEC ACT, BY THE PAR- 
LIAMENT OF GREAT BRITAIN. 

June 18. 1774. 

Sources. 

The Quebec Act, which passed the House of Lords June 
18, 1774, and received the royal sanction June 22, in the 
fourteenth year of the roi^ii of Geoii>e III., is often named 
in p()))ul:ir handbooks on American history as one of the 
" intoleral)le acts" which hastened the American revolution. 
The title, however, simply designates it as "An Act for 
making more effectual i)rovision for the government of the 
Province of Quebec, in Kortli America." On account of 
its reference to boundaries, the act has a special relation to 
the territorial history of Maine. Although in a transposed 
order, the limits are those defined in the Royal Proclama- 
tion of 17()3. 

The Quebec Act is in Danby Pickerin<r, editor, "The 
Statutes at Large " (Cambridge, 1773), XXX., 549-564 ; 
in both French and English, in "A Collection of the Acts 
Passed in the Parliament of Great Britain, and of Other 
Public Acts Relative to Canada" (printed by W. Vonden- 
velden, law-printer, Quebec, 1797), 5-15; "American 



TERRITORIAL HISTORY OF MAINE. 63 

Archives, a Documentary History of tlie North American 
Colonies" (Washington, 1837), 4th Series, I., 215-219; 
and extracts are in the " Report of the Kegents of the 
University on the Boundaries of the State of New York" 
{Albany/l874), 90-92; also in " Statement on the Part of 
the United States of the Case referred, in pursuance ot the 
Convention of 1827 ..." (printed but not published, 
AVashingtou, 1829), Appendix XVIII., 169. 

That the text might be available to students who could 
not have access to the large libraries it was printed entire 
from a copy in the Parliamentary Lihrary, Ottawa, by 
William Kin^sford, "The History of Canada" (London 
and Toronto'; 1892), V., 256-261; it is also printed by 
William Houston, " Documents Illustrative of the Canadian 
Constitution" (Toronto, 1891), 90-96. 

An extract which cives the boundar}^ lines laid down by 
the Quebec Act is reprinted from " The Statutes at Large." 

Text. 

WHEREAS his Majesty, by his ro3'al proclamation, 
bearing date the seventh day of October, in the third year 
of his reign, thought fit to declare the provisions which had 
been made in respect to certain countries, territories, and 
islands in America, ceded to his Majesty by the definitive 
treaty of peace, concluded at Paris on the tenth day of Feb- 
ruary one thousand seven hundred and sixty-three : and 
whereas, by the arrangements made by the said royal proc- 
lamation, a very large extent of country, within which 
theve were several colonies and settlements of the subjects 
of France, who claimed to remain therein under the faith of 
the said treaty, was left, without any provision being made 
for the administration of civil government therein ; and 
certain parts of the territory of Canada, where sedentary 
fisheries had been established and carried on by the subjects 
of France, inhabitants of the said province of Canada, 
under grants and concessions from the government thereof, 
were annexed to the government of Newfoundland, and 



64 DOCUMENTS KELATING TO THE 

thereby subjected to rcirulations inconsistent with the nnture 
of said fisheries: may it therefore please your most excellent 
Majesty that it may be enacted ; and be it enacted by the 
King's most excellent Majesty, l)y and with the advice and 
consent of the lords spiritual and temporal, and commons, 
in this present parliament assembled, and by the authority 
of the same. That all the territories, islands, and countries 
in North America, belonging to the crown of Great Britain, 
bounded on the south by a line from the bay of Chaleurs, 
along the high lands which divide the rivers that empty 
themselves into the river Saint Lawrence from those which 
fall into the sea, to a point in forty-five degrees of northern 
latitude, on the eastern bank of the river Connecticut, 
keeping the same latitude directly west, through the lake 
Champlain, until, in the same latitude, it meets the river 
Saint Lawrence ; from thence up the eastern bank of the 
said river to the lake Ontario ; thence through the lake 
Ontario, and the river commonly called Niagara ; and thence 
along by the eastern and south-eastern bank of lake Erie, 
following the said bank, until the same shall be intersected 
by the northern boundary, granted by the charter of the 
province of Pensylvania in case the same shall be so inter- 
sected ; and from thence along the said northern and west- 
ern boundaries of the said province, until the said western 
boundary strike the Ohio ; But in case the said bank of the 
said lake shall not be found to l)e so intersected, then fol- 
lowing the said bank until it shall arrive at that point of 
the said bank which shall be nearest to the north-western 
angle of the said province of Pensylvania; and thence, by 
a right line, to the said north-western angle of the said 
province ; and thence along the western boundary of the 
said province, until it strike the river Ohio ; and along the 
bank of the said river, westward, to the banks of the Mis- 
sissippi, and northward to the southern boundary of the 



TERRITORIAL HISTORY OF MAINE. 65 

territory granted to the Merchants Adventurers of England, 
trading to Hudson's Bay ; and also all such territories, 
islands, and countries which have, since the tenth of Feb- 
ruary, one thousand seven hundred and sixty-three, been 
made part of the government of Newfoundland, be, and 
they are hereby, during his Majesty's pleasure, annexed to, 
and made part and parcel of the province of Quebec, as 
created and established by the said royal proclamation of 
the seventh of October, one thousand seven hundred and 
sixty-three. 

II. Provided always, that nothing herein contained, 
relative to the boundary of the province of Quebec, shall 
in any wise affect the boundaries of any other colony. 

III. Provided always, and be it enacted. That nothing 
in this act contained shall extend, or be construed to extend, 
to make void, or to vary or alter any right, title or posses- 
sion, derived under any grant, conveyance, or otherwise 
howsoever, of or to any lands within the said province, or 
the provinces thereto adjoining ; but that the same shall 
remain and be in force, and have effect, as if this act had 
never been made. . . . 



CIX. 

EXTRACTS FROM THE CONSTITUTION OF THE COM- 
MONWEALTH OF MASSACHUSETTS, RATIFIED 
BY THE PEOPLE. 

October 25, 1780. 

Sources. 

Until 1776 Massachusetts claimed to act under the charter 
of William and Mary, which England had ignored ; in 1777- 
78 the General Court, acting as a convention, drew up a 

Vol. II. 6 



66 DOCUMKNTS RELATING TO THE 

constitution which the people failed to ratify. The " Frame 
of Government " whieh was agreed upon hy delegates in 
convention at Cambridge, 1779-80, was ratified by the peo- 
ple in 1780. Although Massachusetts was the last of the 
orijrinal states to form a definite constitution, hers was the 
first state constitution which was ratified by popular vote. 
" The Commonwealth " as an official title is a designation 
which only three other states in the Union have chosen, viz. : 
Pennsylvania, Vermont and Kentucky. Although the pro- 
visions ot the constitution of 1780 allowed amendments after 
fifteen years, it was not until the separation of Maine from 
Massachusetts in 1820 that a convention was calleci to revise 
the Frame of Government. When the constitution was 
ratified the District of Maine contained but three counties, 
and was entitled to but four senators in the General Court. 

The constitution of 1780 has been frequently printed ; 
prefixed to " Acts and Laws of the Commonwealth of Mas- 
sachusetts " (Boston, 1781), 3-24; also to " The Perpetual 
Laws of the Commonwealth of Massachusetts . . ."(Bos- 
ton, 1787), 9-27; and "The General Laws of Massachu- 
setts " (Boston, 1823), L, 12-40. It is in Ben: Perley 
Poore, " The Federal and State Constitutions, Colonial 
Charters, and Other Oriranic Laws of the United States " 
(Washington, 1877), 9.56-973; also in Franklin B. Hough, 
"American Constitutions; comprising the Constitutions of 
each State in the Union, and of the United States " (Albany, 
1872), I., 621-659. 

These extracts from the Frame of Government are re- 
printed from " Acts and Laws." 



Text. 

PART THE SECOND. 
The Frame of Government. 

THE People inhabiting the territory formerly called the 
Province of Massachusetts-Bay, do hereby solenmly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body-politic, by the name 
of THE COMMONWEALTH OF MASSACHUSETTS. 



TERRITORIAL HISTORY OF MAINE. 67 

CHAPTER I. 
The Legislative Power. 

Section I. 
THE GENERAL COURT. 
Art. I. THE departmeDt of legislation shall be formed 
by two branches, a Senate and House of Representatives : 
each of which shall have a negative on the other. 

The legislative body shall assemble every year on the last 
Wednesday in May, and at such other times as they shall 
judge necessary ; and shall dissolve and be dissolved on the 
day next preceding the said last Wednesday in May ; and 
shall be stiled The General Court q/" Massachusetts. . . . 



CHAPTER I. 

Section II. 

SENATE. 

Art. I. THERE shall be anoually elected by the free- 
holders and other inhabitants of this Commonwealth, quali- 
fied as in this Constitution is provided, forty persons to be 
Counsellors and Senators for the year ensuing their election ; 
to be chosen by the inhabitants of the districts, into which 
the Commonwealth may from time to time be divided by 
the General Court for that purpose : And the General 
Court, in assigning the numbers to be elected by the respec- 
tive districts, shall govern themselves by the proportion of 
the public taxes paid by the said districts ; and timely made 
known to the inhabitants of the Commonwealth, the limits 
of each district, and the number of Counsellors and Senators 
to be chosen therein ; provided that the number of such 
districts shall never be less than thirteen ; and that no 
district shall be so large as to entitle the same to choose 
more than six Senators. 



68 DOCUMENTS RELATING TO THE 

And the several counties in this Commonwealth shall, 
until the General Court shall determine it necessary to alter 
the said districts, be districts for the choice of Counsellors 
and Senators (except that the counties of Dukes-County 
and Nantucket shall form one district for that purpose) and 
shall elect the following number for Counsellors and 
Senators, viz. 

SuflFolk Six York Two 

Essex Six Duke's County ^ 

Middlesex Five and Nantucket ) 

Hampshire Four Worcester Five 

Plymouth Three Cumberland One 

Barnstable One Lincoln One 

Bristol Three Berkshire Two 



CHAPTER I. 

Section IH. 

HOUSE OF REPRESENTATIVES. 

Art. I. THERE shall be in the Legislature of this Com- 
monwealth, a representation of the people, annually elected, 
and founded upon the principle of equality. 

II. And in order to provide for a representation of the 
citizens of this Commonwealth, founded upon the principle 
of equality, every corporate town containing one hundred 
and fifty rateable polls, may elect one Representative : 
every corporate town, containing three hundred and seventy- 
five rateable polls, may elect two Representatives : every 
corporate town, containing six hundred rateable polls, may 
elect three Representatives ; and proceeding in that manner, 
making two hundred and twenty-five rateable polls the mean 
increasing number for every additional Representative. 



TERRITORIAL HISTORY OF MAINE. 69 

Provided nevertheless, That each town now incorporated, 
not having one hundred and fifty rateable polls, may elect 
one Representative : But no place shall hereafter be incor- 
porated with the privilege of electing a Representative, 
unless there are within the same, one hundred and fifty 
rateable polls. . . . 

CHAPTER II. 
Executive Power. 
Section I. 
GOVERNOR. 
Art. I. THERE shall be a supreme executive Magis- 
trate, who shall be stiled, THE GOVERNOR OF THE 
COMMONWEALTH OF MASSACHUSETTS ; and whose 
title shall be — 
HIS EXCELLENCY. 

II. The Governor shall be chosen annually : And no 
person shall be eligible to this office, unless at the time of 
bis election, he shall have been an inhabitant of this Com- 
monwealth for seven years next preceding ; and unless he 
shall, at the same time, be seized in his own right, of a free- 
hold within the Commonwealth, of the value of one thousand 
pounds ; and unless he shall declare himself to be of the 
Christian religion. . . . 

CHAPTER II. 
Section II. 
LIEUTENANT-GOVERNOR. 
Art. I. THERE shall be annually elected a Lieutenant- 
Governor of the Commonwealth of MASSACHUSETTS, 
whose title shall be — HIS HONOUR — and who shall be 
qualified, in point of religion, property and residence in the 
Commonwealth, in the same manner with the Governor . . . 



70 DOCUMENTS RELATING TO THE 

II. The Governor, and in his absence the Lieutenant- 
Governor, shall be President of the Council, but shall have 
no vote in Council : And the Lieutenant-Governor shall 
always be a member of the Council, exce})t when the chair 
of the Governor shall be vacant. 

III. Whenever the chair of the Governor shall be vacant, 
by reason of his death, or absence from the Commonwealth, 
or otherwise, the Lieutenant-Governor, for the time being, 
shall, during such vacancy, perform all the duties incumbent 
upon the Governor, and shall have and exercise all the 
powers and authorities which by this Constitution the Gov- 
ernor is vested with, when personally present. 

CHAPTER II. 
Section III. 

COUNCIL, &C. 
Art. I. THERE shall be a Council for advising the 
Governor in the executive part of government, to consist of 
nine persons besides the Lieutenant-Governor, whom the 
Governor for the time being, shall have full power and 
authority, from time to time, at his discretion, to assemble 
and call together. And the Governor, with the said Coun- 
sellors, or five of them at least, shall and may, from time to 
time, hold and keep a Council, for the ordering and direct- 
ing the affairs of the Commonwealth, according to the laws 
of the land. 

II. Nine Counsellors shall be annually chosen from 
among the persons returned for Counsellors and Senators, 
on the last Wednesday in May, by the joint ballots of the 
Senators and Representatives assembled in one room : And 
in case thei'e shall not be found upon the first choice, the 
whole number of nine persons, who will accept a seat in the 
Council, the deficiency shall be made up by the electors 



TERRITORIAL HISTORY OF MAINE. 71 

aforesaid, from among the people at large ; and the number 
of Senators left, shall constitute the Senate for the year. 
The seats of the persons thus elected from the Senate, and 
accepting the trust, shall be vacated in the Senate. 

III. The Counsellors, in the civil arrangement of the 
Commonwealth, shall have rank next after the Lieutenant- 
Governor. 

CHAPTER VI. 

VI. All the laws which have heretofore been adopted, 
used and approved, in the Province, Colony or State of 
Massachusetts Bay, and usually practiced on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the Legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in this 
Constitution. 

VII. The priviledge and benefit of the writ of habeas- 
corpus shall be enjoyed in this Commonwealth in the most 
free, easy, cheap, expeditious and ample manner, and shall 
not be suspended by the Legislature, except upon the most 
urgent and pressing occasions, and for a limited time not 
exceeding twelve months. 

VIII. The enacting stile, in making and passing all acts, 
statutes and laws, shall be — " Be it enacted by the Senate 
and House of Representatives in General Court assembled, 
and by the authority of the same." 

X. In order more efl'ectually to adhere to the principles 
of the Constitution, and to correct those violations which by 
any means may be made therein, as well as to form such 
alterations as from experience shall be found necessary — 
the General Court which shall be in the year of our Lord 
one thousand seven hundred and ninety-five, shall issue pre- 
cepts to the Selectmen of the several towns, and to the 
Assessors of the unincorporated plantations, directing them 



72 DOCUMENTS RELATING TO THE 

to convene the qualitied voters of their respective towns and 
plantations for the purpose of collecting their sentiments on 
the necessity or expediency of revising the Constitution, in 
order to amendments. 

And if it shall appear by the returns made, that two- 
thirds of the qualified voters throughout the State, who 
shall assemble and vote in consequence of the said precepts, 
are in favour of such revision or amendment, the General 
Court shall issue precepts, or direct them to be issued from 
the Secretary's office to the several towns to elect delegates 
to meet in Convention for the purpose aforesaid. 

The said delegates to be chosen in the same manner and 
proportion as their Representatives in the second branch of 
the Legislature are by this Constitution to be chosen. 

XI. This Form of Government shall be enrolled on 
parchment and deposited in the Secretary's office, and be a 
part of the laws of the land — and printed copies thereof 
shall be prefixed to the book containing the laws of this 
Commonwealth, in all futui'e editions ot the said laws. 

JAMES BOWDOIN, President. 



ex. 

EXTRACTS FROM THE DEFINITIVE TREATY OF 
PEACE BETWEEN THE UNITED STATES 
AND GREAT BRITAIN. 

September 3, 1783. 

Sources. 

By the definitive treaty of peace signed at Paris, Septem- 
ber 3, 1783, Great Britain not only recognized the inde- 
pendence ot the United States of America, but she also 
relinquished all claims to territory within the limits of the 



TERRITORIAL HISTORY OF MAINE. 73 

independent states. Under the treaty the northern boun- 
dary of the present state of Maine was hiid down in accord- 
ance with the proclamation of 1763 and the Quebec Act of 
1774. Althougli the eastern boundary was for the first 
time defined, it was left for subsequent treaties to determine 
the true location of the limits specified. 

Official correspondence relative to the negotiations has 
been published by Jared Sparks, editor, "The Diplomatic 
Correspondence ot the American Revolution ..." (Bos- 
ton, 1829, 1830), and the " Works of Benjamin Franklin" 
(Boston, 1840) ; also under direction of Congress ; also by 
Francis Wharton, editor, "The Revolutionary Diplomatic 
Correspondence of the United States" (Washington, 1889). 
The text of the treaty has been printed so many times that 
it is difficult to make a complete bibliography. It was 
printed often in journals of that period; "The Annual 
Register" (1783, second edition), 339-342 ; " The Remem- 
brancer ; or Impartial Repository of Public Events " (1783), 
part ii., 337-340; " The Political Magazine and Parliamen- 
tary, Naval, Military, and Literary Journal" (1783), part 
iv., 309-311; and preliminary articles in "The London 
Magazine ..." (1783), 48, 49. With ratification by the 
Continental Congress, January 14, 1784, and the proclama- 
tion of the same date, it is in " Journal of the United States 
in Congress Assembled : containing the Proceedings froni 
the third day of November, 1783, to the third day of June, 
1784" (Philadelphia, 1784), IX., 24-32; also "Secret 
Journals of the Acts and Proceedings of Congress, 1781- 
1786," (published under the direction of the United States 
conformably to a resolution of Congress, Boston, 1821), 
III., 433-442, with ratification and proclamation, 442-446, 
and " Senate Ex. Docs. 41 Cong., 3 Sess, No. 36." Other 
early sources are prefixed to " The Perpetual Laws of the 
Commonwealth of Massachusetts" (Boston, 1789), 29-33; 
in "A Collection of the Acts Passed in the Parlisiment of 
Great Britain, and of Other Public Acts relative to Canada " 
(printed by P. E. Desbarats, Quebec, 1800) ; and Geo. 
Fr^d. de Martens, " Recueil de Tiaites . . . des Puissances 
et etats de I'Europe " (Gottingue, 1818), III., 553-559 ; and 
among other texts it is printed in a " Statement on the Part 
of the United States, of the Case referred, in pursuance of 
the Convention of 1827 ..." (printed but not published, 
Washington, 1827), Appendix I., 11-14; in "All the 



74 DOCUMENTS RELATING TO THE 

Treaties l)etween the United Statea of America and Foreign 
Nations," in " Statutes at Large of the United States of 
America" (published by authority of Congress, Boston, 
184()), VIII. , 180-183; by John H. Haswell, compiler, 
" Treaties and Conventions concluded between the United 
States of America and Other Powers since July 4, 1776" 
(Washington, 1889), 375-379, and in many recent com- 
pilations. 

The text adopted for this reprint is that of the " Journals 
of Congress." 

Text. 

In the name of the most holy and undivided Trinity. 

IT having pleased the Divine Providence to dispose the 
hearts of the most serene and most potent Prince, George 
the third, by the grace of God king of Great-Britain, 
France and Ireland, defender of the faith, duke of Bruns- 
wick and Lunenburgh, arch-treasurer and prince elector of 
the holy Roman empire, &c. and of the United States of 
America, to forget all past misunderstandings and ditier- 
euces that have unhappily interrupted the good correspond- 
ence and friendship which they mutually wish to restore ; 
and to establish such a beneficial and satisfactory intercourse 
between the two countries, ui)on the ground of reciprocal 
advantage and mutual convenience, as may promote and 
secure to both perpetual peace and harmony ; and having 
for this desirable end, already laid the foundation ot peace 
and reconciliation, by the provisional articles, signed at 
Paris, on the 30th of November 1782, by the commissioners 
empowered on each part, which articles were agreed to be 
inserted in and to constitute the treaty of peace proposed 
to be concluded between the crown of Great-Britain and 
the said United States, but which treaty was not to be con- 
cluded until terms of peace should be agreed upon betwe3n 
Great-Britain and France, and his Britannic Majesty should 
be ready to conclude such treaty accordingly ; and the 



TERRITORIAL HISTORY OF MAINE. 75 

treaty between Great-Britain and France having since been 
concluded, his Britannic Majesty and the United States of 
America, in order to carry into full effect the provisional 
articles abovementioned according to the tenor thereof, 
have constituted and appointed, that is to say, his Britannic 
Majesty on his part, David Hartley, esquire, member of the 
parliament of Great-Britain, and the said United States on 
their part, John Adams, esquire, late a commissioner of the 
United States of America at the court of Versailles, late a 
deleoi:ate in Consjress from the state ot Massachusetts, and 
chief justice of the said state, and minister plenipotentiary 
of the said United States to their High Mightinesses the 
states general of the United Netherlands, Benjamin Frank- 
lin, esquire, late delegate in Congress from the state of 
Pennsylvania, president of the convention of the said state, 
and minister plenipotentiary from the said United States of 
America at the court of Versailles ; John Jay, esquire, late 
president of Congress, and chief justice of the state of New 
York, and minister plenipotentiary from the said United 
States at the court of Madrid, to be the plenipotentiaries 
for the concluding and signing the present definitive treaty : 
who, after having reciprocally communicated their respec- 
tive full powers, have agreed upon and confirmed the fol- 
lowing articles : 

Article 1st. His Britannic Majesty acknowledges the 
said United States, viz. New-Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, Connecti- 
cut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North-Carolina, South-Carolina, and 
Georgia, to be free, sovereign and independent states : 
that he treats with them as such, and for himself, his heirs 
and successors, relinquishes all claims to the government, 
propriety and territorial rights of the same, and every part 
thereof. 



76 DOCUMENTS RELATING TO THE 

Article 2d. And that all disputes which miirht arise in 
future, on the subject of the boundaries of the United 
States, may be prevented, it is hereby agreed and declared, 
that the following are and shall be their boundaries, viz. 
from the north west angle of Nova-Scotia, viz. that angle 
which is formed by a line drawn due north from the source 
of Saint-Croix river to the highlands ; along the said High- 
lands which divide those rivers that empty themselves into 
the river Saint Lawrence from those which fall into the 
Atlantic ocean, to the north-westernmost head of Connecti- 
cut river, thence down along the middle of that river to the 
forty-fifth degree of north latitude ; from thence by a line 
due west on said latitude, until it strikes the river Iroquois 
or Cataraqny ; thence along the middle of the said river 
into Lake Ontario; .... East, by a line to be drawn 
along the middle of the river Saint-Croix, from its mouth 
in the bay of Fundy to its source, and from its source 
directly north to the aforesaid Highlands which divide the 
rivers that fall into the Atlantic ocean from those which fall 
into the river Saint Lawrence : comprehending all islands 
within twenty leagues of any part of the shores of the 
United States, and lying between lines to be drawn due 
east from the points where the aforesaid boundaries between 
Nova Scotia on the one part, and East Florida on the other, 
shall respectivel}'^ touch the bay of Fundy, and the Atlantic 
ocean ; excepting such islands as now are or heretofore have 
been within the limits of the said province of Nova Scotia. 

Article 3d. It is agreed, that the people of the United 
States shall continue to enjoy unmolested the right to take 
fish of every kind on the Grand Bank, and on all the other 
banks of Newfoundland ; also in the gulph of Saint Law- 
rence, and at all other places in the sea, where the inhabi- 
tants of both countries used at any time heretofore to fish ; 
and also that the inhabitants of the United States shall have 



TERRITORIAL HISTORY OF MAINE. 77 

liberty to take fish ot every kind on such part of the coast 
of Newfoundland as British fishermen shall use (but not to 
dry or cure the same on that Island) and also on the coasts, 
bays, and creeks of all other of his Britannic Majesty's 
dominions in America ; and that the American fishermen 
shall have liberty to dry and cure fish in any of the unset- 
tled bays, harbours, and creeks of Nova-Scotia, Magdalen 
islands and Labrador, so long as the same shall remain 
unsettled ; but so soon as the same or either of them shall 
be settled, it shall not be lawful for the said fishermen to 
dry or cure fish at such settlement, without a previous 
agreement for that purpose of the inhabitants, proprietors 
or possessors of the ground. 

Article 4th. It is agreed that creditors on either side, 
shall meet with no lawful impediment to the recovery of 
the full value in sterling money, of all bona fide debts 
heretofore contracted. 

Article 5th. It is agreed that the Congress shall 
earnestly recommend it to the legislatures of the respective 
states, to provide for the restitution of all estates, rights 
and properties, which have been confiscated, belonging to 
real British subjects, and also of the estates, rights and 
properties of persons resident in districts in the possession 
of his Majesty's arms and who have not borne arms against 
the said United States. And that persons of any other 
description shall have free liberty to go to any part or parts 
of the Thirteen United States, and therein to remain twelve 
months unmolested in their endeavours to obtain the resti- 
tution of such of their estates, rights and properties, as 
may have been confiscated ; and that Congress shall also 
earnestly recommend to the several states a reconsideration 
" and revision of all acts or laws regarding the premises, 
so as to render the said laws or acts perfectly consistent, 
not only with justice and equity, but with that spirit of 



78 DOCUMENTS RELATING TO THE 

conciliation, which on the return of the blessings ot peace 
should universally prevail. And that Congress shall also 
earnestly recommend to the several states, that the estates, 
rights and properties of such last mentioned persons shall be 
restored to them ; they refunding to any persons who may 
be now in possession the bona fide price (where any has 
been given) which such persons may have paid on purchas- 
ing any of the said lands, rights or properties since the 
confiscation. And it is agreed that all persons who have 
any interest in confiscated lands, either by debts, marriage 
settlements, or otherwise, shall meet with no lawful imped- 
iment in the prosecution of their just rights. 

Article 6th. That there shall be no future confiscations 
made, nor any prosecutions commenced against any person 
or persons for or by reason of the part which he or thej' 
may have taken in the present war ; and that no person 
shall on that account, suffer any future loss or damage, 
either in his person, liberty or property, and that those 
who may be in confinement on such charges, at the time of 
the ratification of the treaty in America, shall be immedi- 
ately set at liberty, and the prosecutions so commenced be 
discontinued. 

Article 7th. There shall be a firm and perpetual peace 
between his Britannic Majesty and the said states, and be- 
tween the subjects of the one, and the citizens of the other, 
wherefore all hostilities both by sea and land, shall from 
henceforth cease ; all prisoners on both sides shall be set at 
liberty, and his Britannic Majesty shall with all convenient 
speed, and without causing any destruction, or carrying 
away any negroes or other property of the American inhab- 
itants, withdraw all his armies, garrisons and fleets from 
the said United States, and from every post, place and har- 
bour within the same ; leaving in all fortifications the Amer- 
ican artillery that may be therein, and shall also order and 



TERRITORIAL HISTORY OF MAINE. 79 

cause all archives, records, deeds and papers, belonging to 
any of the said states, or their citizens, which in the course 
of the war may have fallen into the hands of his oflScers, to 
be forthwith restored and delivered to the proper states and 
persons to whom they belong. 

Article 9th. In case it should so happen, that any 
place or territory belonging to Great-Britain or to the 
United States, should have been conquered by the arms of 
either from the other, before the arrival of the said pro- 
visional articles in America, it is agreed that the same shall 
be restored without difficulty, and without requiring any 
compensation. 

Article 10th. The solemn ratifications of the present 
treaty expedited in good and due form shall be exchanged 
between the contracting parties in the space of six months, 
or sooner if possible, to be computed from the day of the 
signature of the present treaty. 

In witness whereof, we the undersigned, their ministers 
plenipotentiary, have in their name, and in virtue of our 
full powers, signed with our hands the present definitive 
treaty, and caused the seals of our arms to be affixed thereto. 
DONE at Paris, this third day of September, in the year 
of our Lord, one thousand seven hundred and eighty-three. 
(L. S.) D. HARTLEY, (L. S.) JOHN ADAMS, 

(L. S.) B. FRANKLIN, 
(L. S.) JOHN JAY. 



80 DOCUMENTS RELATING TO THE 



CXI. 

ACT CONFIRMING TREATY WITH PENOBSCOT TRIBE 

OF INDIANS, BY THE GENERAL COURT OF 

MASSACHUSETTS. 

October 11, 1786. 

Sources. 

The act passed by the General Court of Massachusetts, 
October 11, 1786, whereby a treaty made with the Penob- 
scot tribe of Indians was confirmed, is the first of a series 
of negotiations with Indian tribes which was begun by the 
commonwealth of iVIassachusetts, and finally assumed by 
the State of Maine. 

The act is reprinted from the "Acts and Laws of the 
Conmionwealth of Massachusetts " (Boston, 1786), Chapter 
I., pp. 487, 488. 

Text. 

WHEREAS by a resolve of the General Court of the sixth 
day of July, in the present year, Benjamin Lincoln, 
Thomas Rice and Rufus Putnam, Esquires, were appoint- 
ed Commissioners to treat with the Penobscot tribe of 
Indians, respecting their claims to lands on Penobscot- 
River : And whereas the said Commissioners did, on the 
thirtieth day of August, in the present year, make report 
of an agreement entered into, between them, the Com- 
missioners, and the said Penobscot tribe of Indians ; 
which report is in the words following, viz. 
It was agreed by the said Indians on their part, that they 
would relinquish all their claims and interests to 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 



TERRITORIAL HISTORY OF MAINE. 81 

side of the River from the head of the tide aforesaid, up to 
the River MantawoDikuktook, 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 improve- 
ments, 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, 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 and known by the 
name of White-Island and 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 Pasquataquis, and the lands 
on the east side of the River to the head of all the waters 
thereof, above the said River Mantawomkuktook, should lye 
as hunting ground for the Indians, and should not be laid 
out or settled by the State or engrossed by individuals 
thereof: And WE further agreed as aforesaid, to make the 
Indians a present of three hundred and fifty blankets, two 
nundred pounds of powder, with a proportion of shot and 
flints : Therefore, 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the 
same, That the agreement expressed in the report herein 
before recited, be, and it is hereby ratified and confirmed 
on the part of this Commonwealth ; and the Governour with 
the advice of Council, is hereby authorized and empowered 
to appoint and commission some suitable person to repair 
to the said Penobscot tribe of Indians, to carry into execution 
the said agreement, to deliver the blankets, powder, shot 
and flints mentioned therein ; and to receive from the said 

Vol. II. 7 



82 DOCUMENTS RELATING TO THE 

tribe of Indians a deed of relinquishment in due form, of 
the hinds mentioned in, and conformable to the said agree- 
ment ; and when the said deed of relinquishment shall be 
executed as aforesaid, this act shall be considered as a 
compleat and full confirmation of the agreement herein 
before recited, agreeably to the true intent and meaning 
thereof. And a copy of this act, under the signature of the 
Governour, with the seal of the Commonwealth affixed, shall 
be delivered to the Indians, by such person as the Govei- 
nour shall commission to execute this business. 

[This act passed October 11, 1786.] 



CXII. 

LOTTERY ACT FOR THE SALE OF EASTERN LANDS, 
BY THE GENERAL COURT OF MASSACHUSETTS. 

November 14, 1786. 

From the time when Maine was consolidated with the 
Province of Massachusetts Bay by the charter of William 
and iSIary in 1691, until the final separation in 1820, the 
public lands in iNIaine were generally disposed of by the 
General Court of Massachusetts, although the management 
and disposition were to a certain extent regulated by the 
Land Office which was established in 1783. The Land 
Lottery Act of 1786 is entitled "An Act to bring into the 
public Treasury the Sum of one Hundred and Sixty-three 
Thousand, and two Hundred Pounds, in public Securities 
by a Sale of a Part of the Eastern Lands ; and to establish 
a Lottery for that Purpose." In those days when public 
lotteries were held for the purpose of raising funds to repair 
highways, Iniild bridges, endow institutions, and even to 
provide an orrery for Harvard College, it was in the order 



TERKITORIAL HISTORY OF MAINE. 83 

of established custom that the pressure of debt in the com- 
monwealth should be relieved by the casting of fifty eastern 
townships into a lottery. In 1788, an additional act ena- 
bled the proprietors to exchange with the commonwealth 
their lots drawn in the lottery. In connection with this 
lottery act it is interesting to note the forms of punishment 
sanctioned by law little more than a century ago. 

The text adopted is from the "Acts and Laws of the 
Commonwealth of Massachusetts" (Boston, 1786), I., part 
ii., chapter 12, pages 513-516. 

Text. 

WHEREAS by a speedy sale of the Eastern lands be- 
longing to this Commonwealth, for the public securities, 
the debt of this Commonwealth, may be reduced ; the bur- 
den of the necessary taxes, diminished, and the settlement 
and improvement of the vacant land greatly promoted : 
And whereas the sale of the said lands may be facilitated 
by establishing a public Lottery therefor : Wherefore, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same. That a lottery be, and hereby is granted and 
established for the sale of the following fifty tow^nships of 
land, in the county of Lincoln, each of the contents of six 
miles square, and laying between the rivers Penobscot and 
Schudic, by Lottery-Tickets of sixty pounds each, to wit. 
Townships number seven, thirteen, fourteen, fifteen, six- 
teen, seventeen, eighteen, nineteen, twenty, twenty-one, 
twenty-three, twenty-four, twenty-five, twenty-six and 
twenty-seven, being fifteen townships in the east division, 
so called ; and tow nships, numbered from fourteen inclusive 
to forty-three inclusive, being thirty townships in the mid- 
dle division so called ; and townships, number two, three, 
four, five, and six, in the northern division, and southern 
ranoe, so called. The whole tract bounded as follows, viz. 
Beginning at the north-west corner of township number 



84 DOCUMENTS RELATING TO THE 

eight, in the ^foresaid initMlc division ; IVoni thence run- 
ning north, thirty miles ; then east six miles ; then north 
six miles ; then east thirty miles ; then south six miles ; 
then east to Schuduc-River ; then down the middle of that 
river (through the Schuduc-Ponds) to the south-east corner 
of township number seven, in the east division, being a heap 
of stones by a rock-maple tree on the west bank ot Schu- 
duc-River, marked thus ^ 1764; then south forty-five 
degrees west, two miles one hundred eighteen rods, to a 
heap of stones and white-pine tree marked, on the north- 
east side of Meddy-Bemps Lake or Pond, so called ; then 
southerly through said pond to the out-let thereof, or begin- 
ning of Denney's River, to a white-pine tree on the west 
bank thereof, marked for the north-east corner of number 
ten in said east division ; then south eighty-one degrees 
west, one mile one hundred rod, to a spruce tree the north- 
west corner of number ten ; then south nine degrees east, 
seven miles, to the north line of number twelve ; then south 
eighty-one degrees west, to the east line of Machias ; then 
north ten degrees west on Machias line, to the north-east 
corner thereof; then south eighty degrees west, eight miles, 
to the north-west corner of iNIachias ; then south ten degrees 
east, to the north-east corner of number twenty-two in said 
east-division ; then south eighty degrees west, six miles one 
hundred and fifty rod, to a beach-tree, the north-west corner 
of number twenty-two on the east line of number thirteen, 
in the middle division, then north to the north-east corner 
of said numl)er thirteen, twelve, eleven, ten, nine and eight, 
to the first mentioned bounds. 

Provided nevertheless, That there l)e reserved out of each 
township, four lots of three hundred and twenty acres each, 
for public uses, to wit. One for the use of a public Gram- 
mar-School forever ; one tor the use of the Ministry ; one 
for the first settled Minister, and one for the benefit of 



TERRITORIAL HISTORY OF MAINE. 85 

public education in general, as the General Court shall 
hereafter direct. 

And be it further enacted by the authority aforesaid, 
That two thousand seven hundred and twenty Tickets, be 
printed off, and sold for sixty pounds each ; and that the 
said fifty toAvnships, be delineated and numbered on a plan 
or plans, to be made and entered in a book for that purpose ; 
and that the residue of the said townships, after making the 
reservations before-mentioned, be divided into as many lots, 
to be drawn as prizes, as there are Tickets, and be num- 
bered accordingly : and that there shall be one lot or prize 
of a township, two prizes of half a township each ; four 
prizes of a quarter of a township each ; six prizes of three 
miles by two miles each ; twenty prizes of two miles by two 
miles each ; forty prizes of three miles by one mile each ; 
one hundred and twenty prizes of two miles by one mile 
each ; four hundred prizes of one mile square each ; seven 
hundred and sixty-one prizes of one mile by half a mile 
each ; and thirteen hundred and sixty-six prizes of half a 
mile square each ; reserving nevertheless, as is in this act 
before-mentioned ; making in the whole, two thousand seven 
hundred and twenty lots or prizes. 

And be it further enacted by the authority aforesaid. 
That the several purchasers and proprietors of the Tickets 
in the same Lottery, shall be intitled to have and hold to 
themselves, their heirs and assigns, forever, such prize lots 
of the said fifty townships, as may be drawn by their Tickets 
respectively, upon producing the same to the Secretary of 
the Commonwealth, within six months after drawing the 
said Lottery ; and having the same registered by him as is 
herein after provided : and such registry shall enure and 
operate to all intents and purposes, as a grant of the same 
lots respectively, on behalf of this Commonwealth, to the 
proprietor or proprietors of the Tickets so drawing the 



86 DOCUMENTS KELATING TO THE 

same, without any other or further deed of writing what- 
ever ; and an attested copy of such registry shall he suflScient 
evidence of the party's title to the same. 

And be it further enacted by the authority aforesaid, 
That the Elon. Samuel Phillips, and Nathaniel Wells, 
Esquires, and John Brooks, Leonard Jarvis and Rufus Put- 
nam, Esquires, be, and they hereby are appointed Managers 
of the said Lottery ; and shall be sworn to the faithful per- 
formance of their trust ; and that they procure the said 
Tickets to be printed on good paper, and number and check 
the same ; and that they lay down in a book and number 
the townships and lots as aforesaid ; and that they i)ul)Iish 
the foregoing Scheme of this Lottery, in such of the public 
news-papers, as they may judge best, in order to promote 
a speedy sale of the Tickets. And that, immediately on 
drawing the said Lottery, they publish an account of the 
numbers and prizes in one of the public news-papers, and 
forthwith return to the Secretary the l)ook and plans afore- 
said, of the said township and lots, together with an account 
of the list of the numbers and prizes drawn by the respective 
numbers, in opposite columns, fairly entered therein, and 
sijrn the same book, and annex their seals to their names 
respectively. 

And be it further enacted by the authority aforesaid, 
That when the proprietor of a Ticket, shall produce the 
same to the Secretary, the said Secretary shall enter and 
register in the book, so to be returned to him by the Man- 
agers, against the number of such Ticket and the prize lot 
it may have drawn, the name of such proprietor, with the 
place of his abode, and his addition, in three distinct col- 
umns, and certify the amount of the prize on the back of 
such Ticket, and deliver the same to the proprietor thereof, 
if he shall request it, without demanding therefor, any fee 
or reward. 



TERRITORIAL HISTORY OF MAINE. 87 

And be it further enacted by the authority aforesaid, 
That the said Lottery shall commence drawinsj in the town 
of Boston, on the first Wednesday of March next, at furthest ; 
and in case all the Tickets shall not be sold before the said 
first Wednesday of March, that then the said Managers 
may, and shall proceed forthwith to draw the same ; and 
such Tickets as may remain unsold on the said first Wednes- 
day of March, shall be the property of this Commonwealth, 
And the Managers aforesaid shall previous to their beginning 
to draw the said Lottery, then deposit the Tickets which 
remain so unsold, in the Treasurer's office, with a list of 
their numbers respectively. 

And be it further enacted. That the said Tickets may, 
and shall be sold, for the consolidated notes of this Com- 
monwealth, or for the public securities of the United States, 
called final settlements, or for any other public securities on 
interest of the United States, or of this Commonwealth, or 
for silver and gold ; and the said Managers are hereby 
directed accordingly. And in order to encourage the settle- 
ment and improvement of the said land : 

Be it further enacted by the authority aforesaid, That the 
said lots of land which shall be so drawn as prize, shall be 
exempted from every State or Continental land tax, from 
the date hereof, during the term of fifteen years ; and that 
no State or Continental tax on the polls of such persons as 
shall settle and reside on such lots as shall be so drawn as 
prize, or on their estates actually within the same, shall be 
levied or assessed for and during the term of fifteen years 
from the date of this act. 

And be it further enacted by the authority aforesaid, 
That if any person shall forge, counterfeit or alter, or know- 
ingly and willfully act or assist in forging or altering or 
counterfeiting any Lottery-Ticket that shall be issued by 
virtue of this act ; or shall pass, utter, exchange or barter 



88 DOCUMENTS RELATING TO THE 

any «uch altered, torged or counterfeited Ticket, knowing 
the same to be so forged, counterfeited or altered ; or shall 
forge and counterfeit, or procure to be forged and counter- 
feited, or knowingly and willfully act or assist, in forging, 
altering or counterfeiting any letter of attorney, or instru- 
ment, or the books of the said Managers, to receive the 
benefit and advantage of any prize that may be drawn in 
said Lottery, or to deprive the true and lawful owner there- 
of; or shall knowingly and fraudulently demand to have any 
prize Ticket registered for his use, by virtue of such coun- 
terfeit or forged letter of attorney or instrument ; or shall 
falsely or deceitfully personate any true and lawful proprie- 
tor of a Ticket, thereby transferring, or endeavouring to 
transfer, and convey the same, or receiving, or endeavour- 
ing to receive, the benefit and advantage thereof, as if such 
ofi'ender were the true and lawful owner of the said Ticket, 
in all or either of the foregoing cases, the person so offend- 
ing, and being thereof convicted, before the Justices of the 
Sui)reme Judicial Court, shall be fined not exceeding one 
thousand pounds, or less than one hundred pounds, or im- 
prisoned not exceeding twelve months ; or be sentenced to 
be publicly whipped, not exceeding thirty-nine stripes; or 
to sit on the gallows with a rope about his neck, for the 
space of one hour ; or to be branded, or V)e sentenced to 
hard labour, pursuant to the act in such cases lately made 
and provided ; or to suffer all or any of the said punishments, 
according to the discretion of the said Justices, and the 
nature and aggravation of the offence. 

And be it further enacted l)y the authority aforesaid. 
That the said Managers be, and hereby are required, to pay 
into the treasury of this Commonwealth, as they receive 
the same, all such sums of money and securities, as may be 
paid to them for Tickets as aforesaid. 

[This act passed November 14, 1786.] 



TERRITORIAL HISTORY OF MAINE. 89 



CXTII. 

GRANT OF LANDS AT MT. DESERT TO MADAME DE 

GREGOIRE, BY THE GENERA.L COURT OF 

MASSACHUSETTS. 

June 29, 1787. 

Sources. 

In response to a petition from Monsieur and Madame De 
Gregoire to the General Court of Massachusetts, accompan- 
ied by a letter from the Marquis de La Fayette, a resolve 
confirming to them the kinds described passed both houses 
June 29, 1787. By this grant the chiims of Madame De 
Gregoire to territory conferred to her grandfather, Monsieur 
De La Mothe Cadilhic, by Louis XIV., f^l^\, 1689, were 
recognized as binding upon the Commonwealth of Massa- 
chusetts. The legal right, however, would undoubtedly 
have been held of trifling worth at any other time than 
during the years which followed the close of the war of 
Independence. The formal confirmation of ancient claims 
was a graceful acknowledgment of services rendered by 
France, rather than a special act of favor to the individuals 
immediately concerned. 

Naturalization of the Gregoires as American citizens was 
the only restriction imposed by the General Court for the 
possession of one half of Mt. Desert with land "on the 
Maine " consisting of portions of the present towns of Tren- 
ton, Lamoine. Hancock and Ellsworth. An act for natu- 
ralizing Bartholomy De Gregoire, Maria Theresa De 
Gregoire, his wife, and their children, was passed by the 
General Court, October 29, 1787. 

Comparison with the Cadillac grant. No. XCIV. of this 
series of documents, shows that the date cited in the resolve 
of the General Court is an error which probably arose from 
the imperfect knowledge of the petitioners. 

A copy of the petition is in the archives of Massachusetts ; 
the resolve, which is found in " Resolves of the General Court 
of the Commonwealth of Massachusetts:" (1787) (Boston), 



90 DOCUMENTS RELATING TO THE 

32, was recorded in the Registry of Deeds for Hancock 
County, I., 518, and it was published in " Resolves of the 
General Court of the Connnonwealth of ^Massachusetts, 
respecting the Sale of Eastern Lands ; with the Reports of 
the Conunittees apjwintcd to sell said Lands, from ^larch 1, 
1781, to June 22, 1803 " (Boston, 1803), 70, 71 ; from the 
same source it was contributed by Mr. E. M. Hamor of 
West Eden, Maine, to the "Bangor Historical Magazine" 
(Bangor, 1889-1890), V., 232. 
The text adopted is that of the " Resolves." 

Text. 

Commonwealth of Massachusetts : 
In Senate June 29, 1787. 

Whereas it appears to this Court, that the lands, claimed 
by Monsieur and Madame De Gregoire, as descril»ed in their 
petition, were in April, 1691 ; granted to Monsieur De La 
Motte Cadillac, by his late Most Christian Majesty Louis 
XIV, to hold to him as an estate of inheritance, and that 
said Madame De Gregoire, is grandaughter, and direct heir 
at law of said De La Motte Cadillac. But whereas by long 
lapse of possession, the legal title to the said lands, under 
the said grant, is lost to the heir at law of the said Monsieur 
De La Motte Cadillac and the said Monsieur and Madame 
De Gregoire, have not any interest or estate now remaining 
therein, but through the liberality and generosity of this 
Court, which are not hereafter to be drawn into precedent : 
And whereas it is the disposition of this court to cultivate a 
niutual confidence and union between the subjects of his 
Most Christian Majesty and the citizens of this State, and 
to cement that confidence and union by every act of the 
most liberal justice, not repugnant to the rights of their own 
citizens : 

It is therefore Resolved, that there be, and hereby is 
granted, to the said Monsieur and Madame De Gregoire, all 
such parts and parcels of the island of Mount Desert and 



TERRITORIAL HISTORY OF MAINE. 91 

other islands, and tracts of land particularly described in the 
grant or patent of his late Most Christian Majesty Louis 
XrV, to said Monsieur De La Motte Cadillac, which now 
remains the property of this commonwealth, whether by 
original right, cession, confiscation or forfeiture, to hold all 
the aforesaid, parts and parcels of the said lands and islands 
to them the said Monsieur and Madame De Gregoire, their 
heirs and assigns, forever. 

Provided however. That the committee for the sale of 
eastern lands, be and they hereby are authorized and fully 
empowered, to quiet to all or any possessors of, or claimers 
to the title of any parts of the lands herein described, all 
such parts and parcels thereof as they the said committee 
shall think necessary and expedient, and on such considera- 
tion and condition, as they the said committee shall judge 
equitable and just, under all circumstances, conformable to 
the precedents heretofore established with regard to settlers. 
And this grant is not to take efi^'ect, and it shall not be law- 
ful for the said Monsieur and Madame De Gregoire to take 
or hold possession of the lands hereby granted, until an act 
or bill of naturalization has been passed in their favor. 



CXIV. 

REPORT ON NEW HAMPSHIRE BOUNDARY LINE, BY 
THE COMMITTEE ON WASTE LANDS. 

January 6, 1790. 

Sources. 

The '* Committee on Waste Lands for the State of New 
Hampshire," in accordance with instructions, made a survey 
of the northern boundary between New Hampshire and 



92 DOCUMENTS RELATING TO THE 

Massachusetts daring the yctu' 1789. Although partial sur- 
veys had been made before the Revolution, it was not until 
January 6, 1790, that the Committee on Waste Lands pre- 
sented a completed report of the survey beyond the point 
reached by Bryant in 1741. 

The report was first printed by Jeremy Belknap, " His- 
tory of New Hampshire" (Boston, 1792), HI., Appendix 
XV., 399-401 ; and by Isaac W. Hammond, compiler, 
" Records of New Hampshire, Miscellaneous Provincial and 
State Papers, 1725-1800" (Manchester, 1890), XVIII., 
807, 808. 

The text adopted tor this reprint is that of Mr. Ham- 
mond from the original document. 

Text. 

We the Subscribers A Committee for assertaining the 
Waste Lands in the State of New Hampshire have pro- 
ceeded to Run the Line on the Easterly Side of Said State 
the Same Course that the Line was formerly Run and 
Spotted between this State and the Massachusetts we Begun 
to measure and Spot at the North East Corner of (Shel- 
burn in this State) and measured on to the Waters of 
Umbagogue Lake which is Sixteen Mile and two hundred 
forty Rods then across a branch of Said Lake 54 Rods then 
fourteen Rods on the Land to a River that is 6 Rods wide 
and Runs Westerly into Said Lake, then measured on the 
Land one mile 226 Rods to Said Lake, then a cross the water 
40 Rods then over a neck of Land 16 Rods to an arm of Said 
Lake then a cross the water 235 Rods, then we Continued 
on our Course 195 Rods to Said Lake then a cross Said 
Lake about three and half miles, then we measured and 
Spotted 2 miles and 226 Rods to Margallaway River, that 
Runs about South- West, and is about 10 Rods wide, Empt' 
into Amerscoggin River a litle below Said Lake ; then we 
measured on our Course one mile and 70 Rods, and Crossed 
Said margallaway River again which will more fully appear 
l)y the Plan herewith exhibited we Continued on our Line, 



TERRITORIAL HISTORY OF MAINE. 93 

measured and Spotted to the High Lands that Divide the 
water that fall into the River S^ Larance and the waters 
that fall into the Atlantick ocean from the North East Cor- 
ner of Said Shelburne to Said High Lands is 54 Miles and 
we marked a tree at the end of Every mile except where 
miles end on water from one to 54 miles inclusive where we 
marked a Large Burch that Stands on Said High Lands 
thus N. E. 54. M. NEW HAMPSHIRE. 1789, for the 
North East Corner of New Hampshir and piled Stones 
Round Said tree, then from Said North East Corner where 
we marked the Burch we measured and Sptoted South- 
westerly and westerly along on Said High Lands about Six 
mile then we Run about west measured and marked a tree 
at the end of every mile from Said Burch marked 54 mile at 
the North East Corner of Said State, from 1 to 17 mile and 
200 Rods to the head of the Northwest Branch of Connecti- 
cut River and marked a fir tree N. H. N. W. 1789 for the 
North west Corner of New Hampshire, then down Said 
River or Northwest Branch to the main River about 15 
mile where Said branch falls into the Main River about half 
a mile Below Latitude 45° North which v^^ill more fully 
appear by the Plan the Mountain Streams, and waters are 
laid down on the Plan very accurate where the Line we 
Run Crossed them but where they were at Sum distance 
from our Line we laid them down by Conjecture. 
Portsmouth January 6"' 1790 — 

Jn" Sullivan") 
"I 

> 
I 
Jer*^ Eames J 

KaSr purveyors 



Eben"" Smith ! Com- 
Nathan Hoit [ mittee 



94 DOCUMENTS RKLATING TO THE 



CXV. 

DEED OF EASTERN LANDS TO WILLIAM BINGHAM, 
BY THE COMMONWEALTH OF MASSACHUSETTS. 

January 28, 1793. 

Sources. 

Deed No. 1 of Eastern Lands, granted to William Bing- 
ham, is the first of a series of the same tenor by which the 
commonwealth of Massachusetts conveyed more than two 
million acres of unappropriated land in Maine to William 
Bingham of Philadelphia. The tracts of land known as 
" Bingham's Purchase" consisted of the Kennebec Purchase 
of one million acres, and the Penobscot, or Eastern, Pur- 
chase between the Penobscot river and Passamaquoddy bay, 
of one million one hundred and seven thousand three hun- 
dred and ninety-six acres. The terms of the original sale 
were at the rate of twelve and one-half cents per acre. 
Since the reservations for ministerial and school funds were 
similar to provisions in grants to settlers, they furnished a 
cause for legislation under the Act of Separation. 

For fui'ther account of Mr. Bingham reference may l)e 
had to Mr. W. Allen's article, " Bingham Land," Maine 
Historical Society, " Collections," VIL 

The deeds were executed, one half were delivered, and 
the other half were retained l)y the commissioners until 
sti[)ulaled conditions should be fulfilled. The series was 
recorded in the Land Ofiice, '' Eastern Lands, Deeds, &c.," 
Book No. 2, pp. 180-248. The deed transcribed for this 
compilation is No. 1 of the series, pp. 180-183. It is be- 
lieved that not one of the deeds has ever before been 
printed. 

Text. 

W^hereas, the General Court of the Commonwealth of 
Massachusetts, hath appointed & authorised us the under- 
signed, a committee, to sell and dispose of the unappropri- 
ated lands in the counties of York, Cumberland, Lincoln, 



TERRITORIAL HISTORY OF MAINE. 95 

Hancock & Washington, being tiae Estate of the said 
Commonwealth, and within the same : And whereas, the 
said Commonwealth, b}' us, Samuel Phillips, Leonard 
Jarvis, and John Read ; on the twenty third day of March, 
in the year of our Lord one thousand seven hundred & 
ninety two, by certain covenants then by us made, on the 
part of the said Commonwealth did agree to sell and convey 
certain of said lands to Henry Jackson & Royal Flint, or 
their legal representatives, upon, and for the performance 
of certain conditions by them, on their part, stipulated to 
be performed and the said Jackson & Flint having by their 
contracts agreed that William Duer & Henry Knox, and 
their assigns, should become the representatives of the said 
Jackson & Flint in the same contracts and agreement : And 
the said Duer & Knox having by their contracts agreed that 
William Bingham of the city of Philadelphia and State of 
Pensylvania, should become their representative in the same 
Purchase : and the Covenant made by the said committee 
on the part of the said Commonwealth and by the said Jack- 
son & Flint on their own part being given up and cancelled, 
and the said Bingham appearing to purchase the same 
land. — 

Now know all Men by these Presents that the said Com- 
monwealth, by us the said Samuel Phillips, Leonard Jarvis 
and John Read the Committee of the same as aforesaid, 
appointed and authorised thereunto as aforesaid, for and in 
consideration of a large and valuable sum of money, paid 
into the Treasury of the said Commonwealth by said William 
Bingham, the receipt whereof is hereby acknowledged, hath 
granted, bargained and sold, released and confirmed to the 
said William Bingham, his heirs & assigns forever. And by 
these Presents, doth give, grant, bargain and sell, release 
& confirm, unto the said William Bingham, his heirs & 
assigns forever, one certain tract or parcel of land lying in 



96 DOCUMENTS RELATING TO THE 

the County of Ilancock and Commonwealth of Massachu- 
setts, containing sixty one thousand eight hundred & seventy 
two acres (61872) ; and consists of township number eight, 
containing twenty three thousand nine hundred and fifty 
two acres, bounding southerly on part of the township of 
Sullivan, and part of the township of Trenton — westerly, 
on part of township number seven, — northerly on lottery 
township number fourteen, and part of township number 
fifteen ; excepting and witholding from the whole number of 
Acres contained in said township number eight, nine thou- 
sand nine hundred and fifty two acres, in the Southwesterly 
part of said township ; also of township number nine, 
bounding southerly on part of township number seven first 
abovementioned, and on part of Sullivan, westerly on town- 
ship number eight, northerly, on part of Lottery toAvnship 
number fifteen, and part of Lottery township nun)ber six- 
teen, & easterly on township number ten, and contains 
twenty three thousand nine hundred and thirty six acres : 
also of township number ten, bounding Southerly on part of 
townshi)) number four and part of township number seven. 
Westerly on township nine, northerly on Part of Lottery 
township number sixteen & [)art of Lottery township num- 
ber seventeen, easterly on township num])cr eleven being 
the boundary line between the Counties of Hancock & 
Washington, and contains twenty three thousand nine hun- 
dred & thirty six Acres, so as to comprehend within the 
said boundaries the quantity of Sixty one thousand eight 
hundred and seventy two acres : reserving four lots of three 
hundred and twenty acres each in every township or tract 
of six miles square, for the following purposes, to wit, one 
for the first settled minister, one for the use of the ministry, 
one for the use of schools and one for the future appropria- 
tion of the General Court, said lots to average in goodness 
& situation with the other lots of the respective townships : 



TEKRITOKIAL HISTORY OF MAINE. 97 

And also reserving to each of the Settlers who settled on 
the premises before the first day of July one thousand seven 
hundred & ninety one, his heirs and assigns forever, one 
hundred acres of the land, to be laid out in one lot, so as to 
include such improvements of the said Settlers as were made 
previous to the said first day of July one thousand seven 
hundred and ninety one, and be least injurious to the 
adjoining lands: And each of the said Settlers, who settled 
before the first day of January one thousand seven hundred 
& eighty four upon paying to the said William Bingham, 
his heirs or assigns five Spanish milled dollars, and every 
other of said Settlers, upon paying to the said William 
Bingham his heirs or assigns twenty Spanish milled dollars, 
shall receive from him the said William Bingham, his heirs 
or assigns, a Deed of one hundred Acres of the said land, 
laid out as aforesaid, to hold the same in fee — the said 
Deeds to be given in two years from the date hereof, pro- 
vided the settlers shall make payment as aforesaid within 
that period. 

To have & to hold the same, with all and singular the 
privileges appurtenances and immunities thereof, to him the 
said William Bingham his heirs and assigns forever, to his 
& their only use & benefit : and the said Commonwealth, 
doth hereby grant and agree to, and with the said William 
Bingham his heirs & assigns, that the foregoing Premises 
are free of every incumbrance, saving always the reserva- 
tions herein before expressed, and that the same shall be 
warranted and defended by the said Commonwealth to him 
the said W^illiam Bingham his heirs and assigns forever, 
saving always the reservation aforesaid : with the immunity 
of being free from State taxes, untill the first day of July 
in the year of our Lord one thousand eight hundred & one, 
conformably to a resolution of the General Court of the 
said Commonwealth, of the twenty sixth day of March, one 
Vol. II. 8 



98 DOCUMENTS RELATING TO THE 

thousand seven hundred & eighty eight, for that purpose 
made & provided. 

In testimony of all which, We the said Samuel Phillips, 
Leonard Jarvis & John Read, the Committee aforesaid, have 
hereunto set our hands and seals, the twenty eighth day of 
January, in the year of our Lord, one thousand, seven hun- 
dred and ninety three. Samuel Phillips. (S) 
Signed, Sealed & delivered Leo : Jarvis. (S) 

in presence of — John Read. (S) 

James Sullivan 
David Cobb. 



CXVI. 

TREATY WITH THE PASSAMAQUODDY TRIBE OF 

INDIANS, BY THE COMMONWEALTH OF 

MASSACHUSETTS. 

September 29, 1794. 
tSowces. 

By the treaty with the Passamaquoddy tribe of Indians, 
September 29, 1794, the commonwealth of Massachusetts 
set apart for their own peculiar use a reservation of land 
near the Schoodic river and lake. This treaty on the part 
of Massachusetts is the basis of the present relations which 
the State of Maine still holds with the Indians of that tribe. 

The treaty is in " Resolves of the General Court of the 
Commonwealth of Massachusetts " (Boston, 1794), 4(5, 47, 
and was reprinted with " Resolves passed by the Twenty- 
third Legislature of the State of Maine" (Augusta, 1843), 
2()3-2()() ; also by Joseph W. Porter, editor, " Bangor His- 
torical Magazine" (Bangor, l«8t), 87), II., 91, 92.' 

The text adopted is that of "Resolves of the General 
Court." 



TERRITOKIAL HISTORY OF MAINE. 99 

Text. 

To all People to whom this present Agreement shall be 
made known. 

WE, Alexander Campbell, John Allan, and George 
Stillman, Esquires, a Conmiittee appointed and authorized 
by the General Court of Massachusetts, to treat with and 
assign certain Lands to the Passamaquoddy Indians, and 
others connected with them, agreeable to a Resolve of said 
General Court, of the 2(3th of June, in the year of our 
Lord, 1794, of the one part, and the subscribing Chiefs and 
others, for themselves, and in behalf of the said Passama- 
quoddy tribe, and others connected with them, of the other 
part, AViTNESSETH — That the said Committee, in behalf of 
the Commonwealth aforesaid, and in consideration of the 
said Indians relinquishing all their right, title, interest, 
claim or demand of any land or lands, lying and being 
within the said Commonwealth of Massachusetts, and also 
engaging to be peaceable and quiet inhabitants of said Com- 
monwealth, without molesting any other of the settlers of 
the Commonwealth aforesaid, in any way or means what- 
ever : In consideration of all which, the Committee afore- 
said, for and in behalf of the Commonwealth aforesaid, do 
hereby assign and set off to the aforesaid Indians, the fol- 
lowing tracts or parcels of Ltind, lying and being within the 
Commonwealth of Massachusetts, viz. — All those Islands 
lying and being in Schoodic-river, between the Falls, at 
the head of the tide, and the Falls below the forks of said 
river, where the North Branch and West Branch parts, 
being fifteen in number, containing one hundred acres, more 
or less — also Township, No. 2, in the 1st range, surveyed 
by Mr. Samuel Titcomb, in the year of our Lord, 1794:, 
containing about 23,000 acres, more or less, being bounded 
as follows : Easterly by Tomev's-river, and Township, No. 
1, first Range; northerly by Township, No. 2, second 



100 DOCUMENTS KELATING TO THE 

Range; westerly, by Township No. 3, first Range; south- 
erly, by the west branch of Sohoodic-river and Lake ; also 
Lues Island, lying in front of said Township, containing 
ten acres, more or less, together with one hundred acres of 
Land, lyhig on Nenicass-point, adjoining the west side of 
said Township ; also Pine-Island, lying to the westward 
of said Nemcass-point, containing one hundred and fifty 
acres, more or less ; also assign and set off to John Baptiste 
Lacote, a French Gentleman, now settled among the said 
Indians, one hundred acres of Land, as a settler in Town- 
ship, No. 1, first range, lying at the Falls, at the Carrying 
place, on the north branch of Schoodic-river, to be intitled 
to have said Land laid out to him in the same manner as 
settlers in new Townships are intitled ; also assign to the 
said Indians the privilege of fishing on both branches of the 
river Schoodic, without hindrance or molestation ; and 
the privilege of passing the said river, over the different 
carrying places, thereon ; all which Islands, Townships, 
Tracts or parcels of Land and privileges, being maiked 
with cross thus X, on the plan taken by Mr. Samuel Tit- 
comb, with the reservation of all pine trees, fit for masts, 
on said tracts of Land, to Government, they making said 
Indians, a reasonable compensation therefor ; also assign 
and set off' to the said Indians, ten acres of Land, more or 
less, at Pleasant-point, purchased by said Committee, in 
behalf of said Commonwealth, of John Frost, being bounded 
as follows, viz. — Beginning at a Stake, to the eastward of 
the Dwelling-house, end running north, twenty-five degrees, 
west, fifty four rods; from thence running north, fifty-six 
degrees, east, thirty-eight rods, to the Bay ; from thence 
by the shore to the first bounds — also a privilege of sitting 
down at the Carrying-place at West Passamaquoddy, 
between the Bay of West-Quody, and the Bay of Fundy, to 
contain fifty acres ; the said Islands, Tracts of Land and 



TERRITORIAL HISTORY OF MAINE. 101 

Privileges to be confirmed by the Coimnouwealth of Massa- 
chusetts, to the said Indians and their Heirs forever. 
IN testimony of all which, we the said Alexander Camp- 
bell, John Allan and George Stillman, the Com- 
mittee aforesaid, and in behalf of the Commonwealth, 
aforesaid, and the Chiefs and other Indians aforesaid, in 
behalf of themselves, and those connected with them, as 
aforesaid, have hereunto set our Hands and Seals, at 
Passamaquoddy, the 29th day of September, in the Year 
of our Lord, one Thousand seven Hundred and Ninety- 
four. 

Signed and Sealed, ALEX CAMPBEL, 

in presence of J. ALLAN, 

Samuel Titcomb, GEORGE STILLMAN. 

Jno : Frost, Jun. 

his 

FRANCIS JOSEPH x NEPTUNE, (L. S) 

mark 
his 

JOHN X NEPTUNE, (L. S.) 

mark 
his 

PIER X NEPTUNE, (L. S.) 

mark 
liis 

JOSEPH X NEPTUNE, (L. S.) 

mai'k 

his 

PIER X DENNY, (L. S.) 

mark 
liis 

JONALE X DENNY, (L. S.) 

mark 
his 

JOSEPH X TOMAS, (L. S.) 

mark 

Be it therefore Resolved, That the said Agreement be, 
and it hereby is ratified and confirmed on the part of this 
Commonwealth ; and that there be allowed and paid out of 
the Treasury of this Commonwealth to the said Committee, 
the sum of two hundred pounds ; being the consideration 



102 DOCUMENTS KELATINO TO THE 

paid to Ihe above-named John Frost, for a Tract of Land 
on Pleasant-point, purchased by the said Committee ; ten 
acres of which, more or less, as in the before-recited Agree- 
ment, is hereby appropriated for the accommodation of the 
said Indians; said sum to be paid to the said Committee, 
on their depositing in the Secretary's Office a deed from the 
said John Frost, of the said tract of Land, on Pleasant- 
point, duly executed and acknowledged. 

And whereas there now remains for the disposition of 
Government, ninety acres, more or less, of the above-men- 
tioned Lot of Land, on Pleasant-point. 

Resolved, That the Treasurer of this Commonwealth be, 
and he is hereby authorized and empowered to lease the 
said remaining 90 acres, for one year, or for a term of 
years, in such manner and on such considerations as he may 
judge will be most for the advantage of the Commonwealth. 



CXVII. 

EXTRACTS FROM JAY'S TREATY BETWEEN THE 
UNITED STATES AND GREAT BRITAIN. 

November 19, 1794. 

Sources. 

The treaty of amity, commerce and navigation, which s 
known as " Jay's Treaty," from the principal negotiator on 
the pait of the United States, was concluded at London, 
Kovoniber 19, 1794. As the fifth article provided for com- 
missioners to determine "what river was truly intended 
under the name of the river St. Croix," the treaty has an 
important relation to the territorial history of Maine. It 
was the first treaty under constitutional government whic 
the United States of America concluded with any foreign 



TERRITORIAL HISTORY OF MAINE. 103 

power, and its ratification by the Senate marks an important 
step in international arbitration. 

The treaty was communicated to the Senate by President 
Washington, June 8, 1795, and was printed, with " Mes- 
sage on the Treaty with Great Britain," Ex. Docs, (misc.) : 
4 Cong. 1 sess. pp. 1-32 ; it was reprinted in " American 
State Papers, Foreign Rehitions " (AVashiugton, 1832), I., 
520-525; it is also in "Statutes at Large of the United 
States of America" (Boston, 1846), VIII., 116-131; 
" Statement on the Part of the United States, of the Case 
referred, under the Convention of 1827 ..." (printed but 
not publii^hed, Washington, 1829), Appendix I., 14-26; 
and John H. Haswell, compiler, " Treaties and Conventions 
Concluded between the United States of America and Other 
Powers since July 4, 1776" (Washington, 1889), 379-394; 
William Macdonald, " Select Documents Illustrative of the 
History of the United States, 1776-1861" (New York, 
1898), 114-130. Among foreign publications it is found in 
" Cobbett's Political Reoister'" (London, 1815), 347-352, 
381-384; "The Parliamentary History of England" (Lon- 
don, 1818), XXXII., 216-233; " British 'Imd Foreign 
State Papers" (London, 1841), I., part i., 784-801; "A 
Collection of the Acts Passed in the Parliament of Great 
Britain, and of Other Public Acts Relative to Canada" 
(printed by W. Vandenvelden, Quebec, 1796), 6-29; and 
in both English and French, by Charles de Martens, reviser, 
" Recueil des Principaux Traites . . . conclus par les Puis- 
sances de I'Europe ..." (Gottingue, 1826), V., 640-688. 

The articles which relate to the interests and rights of 
Maine are reprinted in this compilation from "American 
State Papers." 

Text. 

His Britannic Majesty and the United States of America, 
being desirous, by a treaty of amity, commerce and navi- 
gation, to terminate their differences in such a manner, as, 
without reference to the merits of their respective com- 
plaints and pretensions, may be the best calculated to pro- 
duce mutual satisfaction and good understanding ; and also 
to regulate the commerce and navigation between their 
respective countries, territories and people, in such a 



104 DOCUMENTS RELATING TO THE 

manner as to render the same reciprocally beneficial and 
satisfactory ; they have respectively, named their plenipo- 
tentiaries, and given them full powers to treat of, and con- 
clude the said treaty ; that is to say : His Britannic Majesty 
has named for his plenipotentiary, the Right Honorable 
William Wyndham, Baron Grenville, of Wotton, one of 
His Majesty's privy council, and his Majesty's principal 
secretary of state for foreign affairs ; and the President of 
the said United States, by and with the advice and consent 
of the Senate thereof, hath appointed, for their plenipoten- 
tiary, the Honorable John Jay, Chief Justice of the said 
United States, and their envoy extraordinary to his Majesty ; 
who have agreed on and concluded the following articles : 

Art. 1. There shall be a firm, inviolable, and universal 
peace, and a true and sincere friendship, between his Bri- 
tannic Majesty, his heirs and successors, and the United 
States of America ; and between their respective countries, 
territories, cities, towns, and people, of every degree, 
without exception of persons or places. 

Akt. 2. His Majesty will withdraw all his troops and 
garrisons from all })osts and places within the boundary 
lines assigned by the treaty of peace to the United States. 
This evacuation shall take place on or before the first day of 
June, one thousand seven hundred and ninety-six, and all 
the proper measures shall in the interval be taken by con- 
cert between the government of the United States and his 
Majesty's governor general in America, for settling the pre- 
vious arrangements which may be necessary respecting the 
deliveiy of the said posts : the United States, in the mean- 
time, at their discretion, extending their settlements to any 
part within the said boundary line, except within the i)re- 
cincts or jurisdiction of any of the said i)Osts. All settlers 
and traders, within the precincts or jurisdiction of any of 
the said posts, shall continue to enjoy, unmolested, all their 



TERRITORIAL HISTORY OF MAINE. 105 

property, of every kind, and shall be protected therein. 
They shall be at full liberty to remain there, or to remove 
with all or any part of their effects ; and it shall also be free 
to them to sell their lands, houses, or effects ; or to retain 
the property thereof, at their discretion ; such of them as 
shall continue to reside within the said boundary lines shall 
not be compelled to become citizens of the United States, 
or to take any oath of allegiance to the government thereof; 
but they shall be at full liberty so to do if they think 
proper, and they shall make and declare their election 
within one year after the evacuation aforesaid. And all 
persons who shall continue there after the expiration of the 
said year, without having declared their intention of remain- 
ing subjects of His Britannic Majesty, shall be considered 
as having elected to become citizens of the United States. 

Art. 5. Whereas doubts have arisen what river was 
truly intended under the name of the river St. Croix, men- 
tioned in the said treaty of peace, and forming a part of the 
boundary therein described, that question shall be referred 
to the final decision of commissioners, to be appointed in 
the following manner, viz. : 

One commissioner shall be named by His Majesty, and 
one by the President of the United States, by and with the 
advice and consent of the Senate thereof, and the said two 
commissioners shall agree on the choice of a third; or, if 
they cannot so agree, they shall each propose one person, 
and of the two names so proposed, one shall be drawn by 
lot in the presence of the two original commissioners. And 
the three commissioners, so appointed, shall be sworn im- 
partially to examine and decide the said question, according 
to such evidence as shall respectively be laid before them 
on the part of the British Government and of the United 
States. 



106 DOCUMENTS UKLATINO TO THE 

The said commissioners shall meet at Halifax, and shall 
have power to adjourn to sueh other place or places as they 
shall think lit. They shall have power to a{)point a secre- 
tar3% and to employ such surveyors or other persons as 
they shall judge necessary. The said commissioners shall, 
by a declaration, under their hands and seals, decide what 
rivei- is the river St. Croix, intended by the treaty. The 
said declaration shall contain a description of the said river, 
and shall particularize the latitude and longitude of its 
mouth and of its soui'ce. Duplicates of this declaration, 
and of the statements of their accounts, and of the journal 
of their proceedings, shall be delivered by them to the 
agent of the United States, who may be respectively ap- 
pointed and authorized to manage the business on behalf of 
the respective Governments. And both parties agree to 
consider such decision as final and conclusive, so as that 
the same shall never thereafter be called into question, or 
made the subject of dispute or difference between them. 

Art. 28. It is agreed that the first ten articles of this 
treaty shall be permanent, and that the subsequent articles, 
except the twelfth, shall be limited in their dui'ation to 
twelve years, to be computed from the day on which the 
ratifications of this treaty shall be exchanged, but subject 
to this condition, that, whereas the said twelfth article will 
expire, by the limitation therein contained, at the end of 
two years from the signing of the preliminary or other arti- 
cles of peace which shall terminate the present war in which 
His Majesty is engaged, it is agreed that proper measures 
shall, by concert, be taken, for bringing the subject of that 
article^ into amicable treaty and discussion, so early before 
the expiration of the said term, as that new arrangements 
on that head may, by that time, be perfected, and ready to 

' Article 12 was for the reK"lating of commerce between the United States and 
His Majesty's ports in the West Indies. 



TERRITORIAL HISTORY OF MAINE. 107 

take place. But, if it should, unfortunately, happen, that 
His Majesty and the United States should not be able to 
agree on such new arrangements, in that case all the articles 
of this treaty, except the first ten, shall then cease and 
expire together. 

Lastly. This treaty, when the same shall have been rat- 
ified by His Majesty, and by the President of the United 
States, by and with the advice and consent of their Senate, 
and the respective ratifications mutually exchanged, shall 
be binding and obligatory on His Majesty and on the said 
States, and shall be by them respectively executed and 
observed, with punctuality and the most sincere regard to 
good faith. And whereas it will be expedient, in order the 
better to facilitate intercourse, and obviate difficulties, thtit 
other articles be proposed and added to this treaty, which 
articles, from want of time and other circumstances, cannot 
now be perfected, it is agreed that the said parties will, 
from time to time, readily treat of and concerning such arti- 
cles, and will sincerely endeavor so to form them as that 
they may conduce to mutual convenience, and tend to pro- 
mote mutual satisfaction and friendship; and that the said 
articles, after having been duly ratified, shall be added to, 
and make a part of, this treaty. 

In faith whereof, we, the undersigned, ministers 
plenipotentiary of His Majesty the King of Great 
Britain and the United States of America, have 
signed this present treaty, and have caused to be 
affixed thereto the seal, of our arms. 

Done at London this nineteenth day of No- 
vember, one thousand seven hundred and 
ninety-four. 

GRENVILLE, [L. S.] 
JOHN JAY. [L. S.] 



108 DOCUMENTS KELATING TO THE 



CXVIII. 

EXPLANATORY ARTICLE TO JAY'S TREATY, BY 
COMMISSIONERS OF THE UNITED STATES 
AND GREAT BRITAIN. 

March 15, 1798. 

/Sowxes. 

To obviate certain difficulties which had arisen in deter- 
mining the hititude and U)ngitude of the St. Croix river 
under Article V. ot the Treaty of Ghent, an explanatory 
article was added to the treaty in accordance with provisions 
under Article XXVIII. President John Adams communi- 
cated the article to the Senate, May 29, 1798. The ex- 
planatory article is printed in "American State Papers, 
Foreign Relations" (Washington, 1832), II., 183; " Stat- 
utes at Large of the United States of America " (Boston, 
184G), VIII., 131, 132; "British and Foreign State 
Papers" (Lcmdon, 1841), I., part i., 806, 807 J in both 
English and French by Charles de Martens, reviser, 
" Recueil des Principaux Traites . . . conclus par les 
Puissances de I'Europe ..." (Gottingue, 1826), V., 696; 
and by John H. Ilaswell, compiler, "Treaties and Conven- 
tions Concluded between the United States of America and 
Other Powers, since July 4, 1776" (Washington, 1889), 
396, 397. 

The text adopted for this reprint is that of "American 
State Papers." 

Text. 

Whereas by the twenty-eighth article of the treaty of 
amity, commerce, and navigation, between His Britannic 
Majesty and the United States, signed at London the 19th 
November, 1794, it was agreed, that the contracting parties 
would, from time to time, readily treat of and concerning 
such further articles, as might be proposed, that they w^ould 



TERRITORIAL HISTORY OF MAINE. 109 

sincerely endeavor so to form such articles as that they 
might conduce to mutual convenience, and tend to promote 
mutual satisfaction and friendship, and that such articles, 
after having been duly ratified, should be added to and 
make a part of that treaty : and whereas difficulties have 
arisen with respect to the execution of so much of the fifth 
article of the said treaty, as requires that the commissioners, 
appointed under the same should, in their description, ^ar- 
ticularize the latitude and longitude of the source of the 
river which may be found to be the one truly intended in 
the treaty of peace between His Britannic Majesty and the 
United States, under the name of the river St. Croix, by 
reason whereof it is expedient that the said commissioners 
should be released from the obligation of conforming to the 
provisions of the said article in this respect, the undersigned 
being respectively named by His Britannic Majesty and the 
United States of America, their plenipotentiaries, for the 
purpose of treating of and concluding such articles as may 
be proper to be added to the said treaty, in conformity to 
the above-mentioned stipulation, and having communicated 
to each other their respective full powers, have agreed and 
concluded, and do hereby declare, in the name of His Bri- 
tannic Majesty, and of the United States of America, that 
the commissioners appointed under the fifth article of the 
said treaty shall not be obliged to particularize, in their 
description, the latitude and longitude of the source of the 
river which may be found to be the one truly intended in 
the aforesaid treaty of peace, under the name of the River 
St. Croix, but they shall be at liberty to describe the said 
river, in such other manner as they may judge expedient, 
which description shall be considered as a compleat execu- 
tion of the duty required of the said commissioners, in this 
respect, by the article aforesaid. And, to the end that no 
uncertainty may hereafter exist on this subject, it is further 



110 DOCUMENTS RELATING TO THE 

agreed that, as soon as may be after the decision of the said 
comiuissioners, measures shall be concerted between the 
government of the United States and His Britannic Majes- 
ty's Governors or Lieutenant Governors in America, in 
order to erect and keep in repair, a suitable monument, at 
the place ascertained and desciibed to be the source of the 
said River St. Croix, which measures shall, immediately 
thereupon, and as often afterwards as may be requisite, be 
duly executed on both sides, with punctuality and good 
faith. 

This explanatory article, when the same shall have been 
ratified by His Majesty and by the President of the United 
States, by and with the advice and consent of their Senate, 
and the respective ratifications mutually exchanged, shall 
be added to, and make a part of, the treaty of amity, com- 
merce, and navigation, between His ]Majesty and the United 
States, signetl at London on the 19th day of November, 
1794, and shall be permanently binding upon His Majesty 
and the United States. 

In witness whereof, we the said undersigned plenipoten- 
tiaries of His Britannic Majesty and the United States of 
America have signed this present article, and have caused 
to be affixed thereto the seal of our arms. 

Done at London this fifteenth day of March, one thou- 
sand seven hundred and ninety-eight. 

GRENVILLE, (Seal) 
RUFUS KING, (Seal) 



TERRITORIAL HISTORY OF MAINE. Ill 



CXIX. 

DECLARATION UNDER THE FIFTH ARTICLE OF 

JAY'S TREATY, BY THE COMMISSIONERS OF 

THE UNITED STATES AND GREAT BRITAIN. 

October 25, 1798. 

Sources. 

The declaration of the commissioners under the fifth arti- 
cle of Jay's ti'eaty was signed at Providence, Rhode Island, 
October 25, 17U8. It is interestins; to connect the decisions 
of commissioners with the patent of Acadia, which was 
issued in 1()03, inasmuch as the remains of De Mont's for- 
tification on Neutral Island was the means of deteiraining 
the true St. Croix. It may also be noted that the town of 
Amity, which was incorporated in 1830 from Township No. 
10, north latitude 45° 56', is, both by Leroc's monument at 
its northeastern angle and by its name, a memorial of the 
"treaty of Amity."" 

The declaration was printed with " Resolves of the Eighth 
Legislature of the State of Maine" (Portland, 1828), Ap- 
pendix, pages 735, 73(5; also "Documents Relating to the 
North-Eastern Boundary of the State of Maine" (Boston, 
1828;, No. 12, 1(52, 1(53, and the unexecuted declaration 
(without date). No. 13, l(i4, 1G5 ; and, in part, "House 
Executive Documents," 27th Cong. 3d sess.. No. 31; it 
is also inchided in " Statement on the Part of the United 
States, of the Case referred, in pursuance of the Conven- 
tion of 1827 . . ."(printed but not published, Washing- 
ton, 1829), Appendix II., 35, 3(5; "British and Foreign 
State Papers" (London, 1841), L, part i., 807, 808; and 
with papers relative to the disputed boundaries between the 
provinces of Canada and New Brunswick, in "Journals of 
the Legislative Assembly of the Province of Canada" 
(1852, 1853), A))pendix L. L., No. 42. Other sources 
are "American State Papers, Foreian Relations " (Wash- 
ington, 1859), VI., 921, 922; John^Bassett Moore, "His- 
tory and Digest of the International Arbitrations to which 



112 DOCUMFINTS RELATING TO THE 

the United States has been a Party, together with appen- 
dices ..." (Washinirton, 1898), I., 29-31 ; and the Maine 
Historical Society, " Collections and Proceed i nsjs " (Port- 
land, 1895), 2d Series, VI., 244, 245. 

As the text of the " Collections" is based on the " Bar- 
clay Correspondence" it is followed in this reprint. 

Text. 

By Tho* Barclay, David Howell and Egbert Benson, 
Commissioners appointed in pursuance of the fifth article 
of Amity, Commerce and Navigation between His Britannic 
Majesty and the United States of America linally to decide 
the question what River was truly intended under the name 
of the River St. Croix mentioned in the Treaty of Peace 
between His Majesty and the United States and forming a 
part of the Boundary therein described. 

Declaration. 

We the said commissioners having })een sworn impartially 
to examine and decide the Question according to such evi- 
dence as should respectively be laid before us on the part of 
the British Government and of the United States, and hav- 
ing heard the evidence which hath been laid before us by the 
agent of His Britannic Majesty and the Agent of the United 
States respectively appointed and authorized to manage the 
Business on Behalf of the respective Gov* Have decided and 
hereby do decide the River hereinafter particularly described 
and mentioned to be the River truly intended under the name 
of the River St. Croix in the said treaty of Peace and form- 
ing a part of the Boundary therein described that is to say, 
the mouth of the said River is in Passamaquoddy Bay at a 
Point of Land called Toe's Point ^ about one mile northward 
from the northern part of Saint Andrews Island and on the 
latitude of 45 degrees 5 minutes and 5 seconds north, and 
in the longitude of 67 degrees 12 minutes and 30 seconds 

• Printed in other copies " Ive's I'oint," or, in most cases, "Joe's Point." 



TERRITORIAL HISTORY OF MAINE. 113 

west from the Royal Observatory at Greenwich in Great 
Britain and 3 degrees 54 minutes and 15 seconds east from 
Harvard College or the University of Cambridge in the 
State of Massachusetts, and the Course of the said River 
up from its said mouth is northerly to a point of Land 
called the Devils Head then turning the said point is west- 
erly to where it divides into two streams the one coming 
from the northward having the Indian name of Chiputnate- 
cook or Chibuitcook as the same may be variously spelt 
then up the said stream so coming from the northward to 
its Source, which is at a stake near a Yellow Birch Tree, 
hooped with Iron and marked S. T. and J. H. 1797 by 
Samuel Titcomb and John Harris the Surveyors employed 
to survey the above mentioned stream coming from the 
north-ward. And the said River is designated on the map 
hereunto annexed and hereby referred to as farther descrip- 
tive of it by the letters A, B, C, D, E, F, G, H, I, K, and 
L, the letter A being at its mouth, and the Letter L being 
at its said Source and the course and distance of the said 
source from the island at the confluence of the above men- 
tioned two Streams is as laid down on the said map north 
5 degrees and about 15 minutes west by the magnet about 
48 miles and one quarter. 

In testimony whereof we have hereunto set our Hands 
and Seals at Providence in the State of Rhode Island the 
25*"* day of October in the year 1798. 

Th°^ Barclay, [seal] 
David Howell, [seal] 
Egb^ Benson, [seal] 
Witness 

Edward Winslow, Sect, to the Comm. 



Vol. II. 9 



114 DOCUMENTS RELATING TO THE 



CXX. 

EXTRACTS FROM THE TREATY OF GHENT, 

BETWEEN THE UNITED STATES AND 

GREAT BRITAIN. 

December 24, 1814. 

Sources. 

Since the treaty of peace and amity whicli was signed at 
Ghent, December 24, 1814, arranged for commissioners to 
determine the boundaries between the two nations, it is 
important not only to American diplomacy, but to the 
territorial history of Maine. 

The treaty with message of the president is in "Public 
Documents," 18J4-15, 13'Cong. 3 sess. No. 6Q, pp., 6-16; 
in " The Examiner," (1815), 341-346; H. Niles, "Weekly 
Register," VII., 397-400; "British and Foreign State 
Papers" (London, 1817), 357-364; and "Statutes at 
Large of the United States of America " (Boston, 1846), 
Vlli., 218-223. Among other sources it is found in a 
" Statement on the Part of the United States, of the Case 
referred, in pursuance of the Convention of 1827 . . ." 
(printed but not published, Washington, 1829), Appendix 
I., 26-31 ; Benson J. Lossing, " Pictorial Field Book of 
the War of 1812" (New York, 1869), Appendix, 1071- 
1073; and by John H. Haswell, compiler, " Treaties and 
Conventions concluded between the United States of Amer- 
ica and Other Powers since July 4, 1776" (Washington, 
1889), 379-394. 

The text adopted is that of " Public Documents." 

Text. 

His Britannic majesty and the United States of America, 
desirous of terminating the war which has unhappily sub- 
sisted between the two countries, and of restoring, upon 
principles of perfect reciprocity, peace, friendship, and 
good understanding, between them have, for that purpose, 



TERRITORIAL HISTORY OF MAINE. 115 

appointed their respective plenipotentiaries, that is to say : 
his Britannic majesty, on his part, has appointed the right 
honorable James lord Gambler, late admiral of the white, 
now admiral of the red squadron of his majesty's fleet, 
Henry Goulburn, esquire, a member of the imperial parlia- 
ment, and under-secretary of state, and William Adams, 
esquire, doctor of civil laws : and the president of the 
United States, by and with the advice and consent of the 
senate thereof, has appointed John Quincy Adams, James 
A. Bayard, Henry Clay, Jonathan Russell, and Albert 
Gallatin, citizens of the United States, who after a recipro- 
cal communication of their respective full powers, have 
agreed upon the following articles : 

ARTICLE THE FIRST. 

There shall be a firm and universal peace, between hi& 
Britannic majesty and the United States, and between their 
respective countries, territories, cities, towns, and people, 
of every degree, without exception of places or persons. 
All hostilities, both by sea and land, shall cease as soon as 
this treaty shall have been ratified by both parties, as 
hereinafter mentioned. All territory, places, and posses- 
sions, whatsoever, taken by either party from the other, 
during the war, or which may be taken after the signing of 
this treaty, excepting only the islands hereinafter mentioned, 
shall be restored without delay, and without causing any 
destruction, or carrying away any of the artillery or other 
public property originally captured in the said forts or 
places, and which shall remain therein upon the exchange 
of the ratifications of this treaty, or any slaves or other 
private property. And all archives, records, deeds, and 
papers, either of a public nature, or belonging to private 
persons, which in the course of the war, may have fallen 
into the hands of the officers of either party, shall be, as 



116 DOCUMENTS KELATINO TO THE 

far as may be practicable, forthwith restored and delivered 
to the proper authorities and persons to whom they respec- 
tively belong. Such of the islands in the bay of Passama- 
quoddy as are claimed by both i)arties, shall remain in the 
possession of the party in whose occupation they may be at 
the time of the exchange of the ratitication of this treaty, 
until the dccij>ion respecting the title to the said islands, 
shall have been made in conformity with the fourth article 
of this treaty. No disposition n)ade by this treaty, as to 
such possession of the islands and territories claimed by I)oth 
parties, shall, in any manner whatever, be construed to 
affect the right of either. 

ARTICLE THE SECOND. 

Immediately after the ratification of this treaty by both 
parties, as hereinafter mentioned, orders shall be sent to the 
armies, squadrons, officers, subjects, and citizens, of the two 
powers, to cease from all hostilities. And to prevent all 
causes of complaint which might arise on account of the 
prizes which may be taken at sea after the said ratifications 
of this treaty, it is reciprocally agreed, that all vessels and 
effects which may be taken after the space of twelve days 
from the said ratifications, upon all parts of the coast of 
North America, from the latitude of fifty degrees north, and 
as far eastwaid in the Atlantic ocean as the thirty-sixth 
dejrree of west longitude from the meridian of Greenwich, 
shall be restored on each side : that the time shall be thirty 
days in all other parts of the Atlantic ocean north of the 
equinoxial line or equator; and the same time for the Brit- 
ish and Irish channels, for the Gulf of Mexico and all parts 
of the West Indies : forty days for the north seas, for the 
Baltic, and for all parts of the INIediterranean : sixty days 
for the Atlantic ocean south of the equator, as far as the 
latitude of the Cape of Good Hope : ninety days for every 



TERRITORIAL HISTORY OF MAINE. 117 

part of the world south of the equator : and one hundred 
and twenty days for all other parts of the world, without 
exception. 

ARTICLE THE THIRD. 

All prisoners of war taken on either side, as well by land 
as by sea, shall be restored as soon as practicable after the 
ratifications of this treaty, as hereinafter mentioned, on 
their paying the debts which they may have contracted dur- 
ing their captivity. The two contracting parties respec- 
tively engage to discharge, in specie, the advances which 
may have been made by the other for the sustenance and 
maintenance of such prisoners. 

ARTICLE THE FOURTH. 

Whereas it was stipulated by the second article in the 
treaty ot peace, of one thousand seven hundred and eighty- 
three, between his Britannic majesty and the United States 
of America, that the boundary of the United States should 
comprehend all islands within twenty leagues of any part of 
the shores of the United States, and lying between lines to 
be drawn due east from the points where the aforesaid 
boundaries, between Nova Scotia, on the one part, and East 
Florida on the other, shall respectively touch the Bay of 
Fundy and the Atlantic ocean, excepting such islands as 
now are, or heretofore have been, within the limits of Nova 
Scotia ; and whereas the several islands in the bay of Pas- 
samaquoddy, which is part of the bay of Fundy, and the 
island of Grand Menan, in the said bay of Fundy, are 
claimed by the United States, as being comprehended within 
their aforesaid boundaries, which said islands are claimed 
as belonging to his Britannic majesty, as having been at the 
time of, and previous to, the aforesaid treaty of one thou- 
sand seven hundred and eighty-three, within the limits of 



118 DOCUMENTS RELATING TO THE 

the province of Nova Scotia. In order, therefore, finally to 
decide upon these chiinis, it is agreed that they shall be 
referred to two commissioners, to be appointed in the fol- 
lowing manner, viz : One commissioner shall be appointed 
by his Brittanic majesty, and one by the president of the 
United States, by and with the advice and consent of the 
senate thereof; and the said two commissioners so appointed 
shall be sworn impartially to examine and decide upon the 
said claims according to such evidence as shall be laid before 
them on the part of his Britannic majesty and of the United 
States respectively. The said commissioners shall meet at 
St. Andrews in the province of New Brunswick, and shall 
have power to adjourn to such othei- place or places as they 
shall think fit. The said commissioners shall, by a declara- 
tion or report under their hands and seals, decide to which 
of the two contracting parties the several islands aforesaid 
do respectively belong, in conformity with the true intent 
of the said treaty of peace of one thousand seven hundred 
and eighty-three. And if the said commissioners shall agree 
in their decision, both parties shall consider such decision 
final and conclusive. It is further agreed, that in the event 
of the two commissioners differing upon all or any of the 
matters so referred to them, or in the event of both or either 
of the said commissioners refusing or declining, or wilfully 
omitting to act as such, they shall make, jointly or sepa- 
rately, a report or reports, as well to the government of 
his Britannic majesty as to that of the United States, stat- 
ing, in detail, the points on which they differ, and the 
grounds upon which they or either of them have so refused, 
declined or omitted to act. And his Britannic majesty and 
the government of the United States hereby agree to refer 
the report or reports of the said conmiissioners to some 
friendly sovereign or state, to be then named for that pur- 
pose, and who shall be requested to decide on the differences 



TERRITORIAL HISTORY OF MAINE. 119 

which may be stated iu the said report or reports, or upon 
the report of one commissioner, together with the grounds 
upon which the other commissioner shall have refused, 
declined or omitted to act, as the case may be. And if the 
commissioner so refusing, declining, or omitting to act, 
shall also wilfully omit to state the grounds upon which he 
has so done, in such manner that the said statement may be 
referred to such friendly sovereign or state, together with 
the report of such other commissioner, then such sovereign 
or state shall decide exparte upon the said report alone. 
And his Britannic majesty and the government of the United 
States engage to consider the decision of such friendly sov- 
ereign or state to be final and conclusive on all the matters 
so referred. 

ARTICLE THE FIFTH. 

Whereas neither that point of the highlands, lying due 
north from the source of the river St. Croix, and designated 
in the former treaty of peace between the two powers, as 
the north-west angle of Nova Scotia, nor the north-western- 
most head of Connecticut river, has yet been ascertained : 
and whereas that part of the boundary line between the 
dominions of the two powers, which extends from the source 
of the river St. Croix directly north to the abovementioned 
highlands which divide those rivers that empty themselves 
into the river St. Lawrence from those which fall into the 
Atlantic ocean, to the north-westernmost head of Connecticut 
river, thence down along the middle of that river to the 
forty-fifth degree of north latitude, thence by a line due 
west on said latitude, until it strikes the river Iroquois or 
Cataraguy, has not yet been surveyed ; it is agreed, that 
for these several purposes two commissioners shall be 
appointed, sworn and authorized to act exactly in the man- 
ner directed with respect to those mentioned in the next 



120 DOCUMENTS RELATING TO THE 

preceding article, unless otherwise specified in the present 
article. The said coniniissioners shall meet at St. Andrews, 
in the province of New Brunswick, and shall have power to 
adjourn to such other place or places, as they shall think fit. 
The said coniniissioners shall have power to ascertain and 
determine the points abovementioned, in conformit}^ with 
the provisions of the said treaty of peace of one thousand 
seven hundred and eighty-three, and shall cause the boun- 
dary aforesaid, from the source of the river St. Croix to the 
river Iroquois, or Cataraguy, to be surveyed and marked, 
according to the said provisions. The said commissioners 
shall make a map of the said boundary, and annex to it a 
declaration under their hands and seals, certifying it to be 
the true may) ot the said boundary, and particularizing the 
latitude and longitude of the north-west angle of Nova 
Scotia, of the north-westernmost head of Connecticut river, 
and of such other points of the said boundary, as they may 
deem proper. And both parties agree to consider such map 
and declaration as finally and conclusively fixing the said 
boundary. And in the event of the said two commissioners 
diflfering, or both, or either of them refusing, declining or 
wilfully omitting to act, such reports, declarations or state- 
ments shall be made by them, or either of them, and such 
reference to a friendly sovereign or state shall be made, in 
all respects, as in the latter part of the fourth article is 
contained, and in as full a manner as if the same was herein 
repeated. 



ARTICLE THE EIGHTH. 

The several boards of two commissioners mentioned in 
the four preceding articles, shall respectively have power to 
appoint a secretary, and to employ such surveyors, or other 
persons, as they shall judge necessary. Duplicates of all 



TERRITORIAL HISTORY OF MAINE. 121 

their respective reports, declarations, statements, and deci- 
sions, and of their accounts, and of the journal of their 
proceedings, shall be delivered by them to the agents of his 
Britannic majesty, and to the agents of the United States, 
who may be respectively appointed and authorized to man- 
age the business on behalf of their respective governments. 
The said commissioners shall be respectively paid in such 
manner as shall be agreed between the two contracting 
parties, such agreement being to be settled at the time of 
the exchange of the ratifications of this treaty. And all 
other expenses attending the said commissioners, shall be 
defrayed equally by the two parties. A.nd in the case of 
death, sickness, resignation, or necessary absence, the place 
of every such commissioner respectively shall be supplied 
in the same manner as such commissioner was first appointed, 
and the new commissioner shall take the same oath or 
aflSrmation, and do the same duties. It is further agreed 
between the two contracting parties, that in case any of the 
islands mentioned in any of the preceding articles which 
were in the possession of one of the parties prior to the 
commencement of the present war between the two countries, 
should, by the decision of any of the boards of commissioners 
aforesaid, or of the sovereign or state so referred to, as in 
the four next preceding articles contained, fall within the 
dominions of the other party, all grants of land made previ- 
ous to the commencement of the war by the party having 
had such possession, shall be as valid as if such island or 
islands had by such decision or decisions been adjudged to 
be within the dominions of the party having had such 
possession. 

ARTICLE THE NINTH. 

The United States of America engage to put an end, 
immediately after the ratification of the present treaty, to 



122 DOCUMENTS RELATING TO THE 

hostilities with till the tribes or nations of Indians, with 
whom they may be at war at the time of such ratification ; 
and forthwith to restore to such tribes or nations, respec- 
tively, all the possessions, rights, and privileges, which they 
may have enjo\ed or been entitled to in one thousand eight 
hundred and eleven, previous to such hostilities : Provided 
always. That such tribes or nations shall agree to desist 
from all hostilities against the United States of America, 
their citizens and subjects, upon the ratification of the 
present treaty being notified to such tribes or nations, and 
shall so desist accordingly. And his Britannic majesty 
engages, on his part, to put an end, immediately after the 
ratification of the present treaty, to hostilities with all the 
tribes or nations of Indians with whom he may be at war at 
the time of such ratification ; and forthwith to restore to 
such tribes or nations, respectively, all the possessions, 
rights, and privileges, which they may have enjoyed or been 
entitled to in one thousand eight hundred and eleven, 
})revious to such hostilities : Provided always, That such 
tribes or nations shall agree to desist from all hostilities 
against his Britannic majesty, and his subjects, upon the 
ratification of the present treaty being notified to such tribes 
or nations, and shall so desist accordingly. 

ARTICLE THE TENTH. 

Whereas the traflSc in slaves is irreconcileable with the 
principles of humanity and justice : And whereas both his 
majesty and the United States are desirous of continuing 
their efforts to promote its entire abolition ; it is hereby 
agreed that both the contracting parties shall use their best 
endeavors to accomi)lish so desirable an object. 

ARTICLE THE ELEVENTH. 

This treaty, when the same shall have been ratified on 
both sides, without alteration by either of the contracting 



TERRITORIAL HISTORY OF MAINE. 123 

parties, and the ratifications mutually exchanged, shall be 
binding on both parties, and the ratifications shall be ex- 
changed at Washington, in the space of four months from 
this day, or sooner if practicable. 
In foith whereof, we, the respective plenipotentiaries, have 

signed this treaty, and have hereunto affixed our seals. 
Done, in triplicate, at Ghent, the twenty-fourth day of 

December, one thousand eight hundred and fourteen. 
(L. S.) Gambier, 

(L. S.) Henry Goulburn, 

(L. S.) William Adams, 

(L. S.) John Quincy Adams, 

(L. S.) J. A. Bayard, 

(L. S.) H. Clay, 

(L. S.) Jona. Russell, 

(L. S.) Albert Gallatin. 



CXXI. 

DECISION, WITH DECLARATION, UNDER THE FOURTH 
ARTICLE OF THE TREATY OF GHENT, BY 
THE COMMISSIONERS OF THE UNITED 
STATES AND GREAT BRITAIN. 

November 24, 1817. 

/Souixes. 

The commissioners appointed under the fourth article of 
the treaty ot Ghent to determine which of the islands in 
Passamaquoddy bay should belong respectively to the 
United States and Great Britain, signed their report at New 
York, November 24, 1817. 

In the archives of the Maine Historical Society are many 
valuable papers which were used by the counnissioners. 
Those papers which belonged to Thomas Barclay were 



124 DOCUMENTS RELATING TO THE 

presented by liis urea t- grandson, George Lockhart Rives, 
who has published "Selections from the Correspondence 
of Thomas Barchiy, formerly British Consul at New York" 
(New York, 1894), a book which throws much light on the 
work of the commissioners. 

The decision, with declaration, is in a " Statement on the 
Part of the United States, of the Case referred, m pursu- 
ance of the Convention of 1827 ..." (printed but not 
published, Washinoton, 1829), Appendix II., 36, 37; 
"American State Papers, Foreign Relations" (Washington, 
1834), IV., 171; "British and Foreign State Papers" 
Lond(m, 1837), V., 199, 200; " Statutes at Large of the 
United States of America" (Boston, 1846), Vl'll., 250, 
251 ; John H. Haswell, compiler, " Treaties and Conven- 
tions concluded between the United States of America and 
OtherPowerssince July 4, 1776" (Washington, 1889), 406; 
Theodore Lyman, Jr., "The Diplomacy of the United 
States . . ."(Boston, 1828), second edition, II., 107, 
108 ; and John Bassett Moore, " History and Digest of the 
International Arbitrations to which the United States has 
been a Party, together with Appendices ..." (Washing- 
ton, 1898), I., 62, 63. 

The declaration is printed with the decision because it 
illustrates the fact that arbitration is usually a compromise. 

The text adopted is that of " Statutes at Large." 

Text. 

By Thomas Barclay and John Hobnes, esquires, commis- 
sioners, appointed by virtue of the fourth article of the 
treaty of peace and amity between his Britannic majesty 
and the United States of America, concluded at Ghent, on 
the twenty-fourth day of December, one thousand eight 
hundred and fourteen, to decide to which of the two con- 
tracting parties to the said treaty, the several islands in the 
Bay of Passamaquoddy, which is part of the Bay of Fundy, 
and the island of Grand Menan, in the said Bay of Fundy, 
do respectively belong, in conformity with the true intent 
of the second article of the treaty of peace of one thousand 
seven hundred and eighty-three, between his said Britannic 
majesty and the aforesaid United States of America. 



TERRITORIAL HISTORY OF MAINE. 125 

We, the said Thomas Barclay and John Hohnes, com- 
missioners as aforesaid, having been duly sworn impartially 
to examine and decide upon the said claims, according to 
such evidence as should be laid before us on the part of his 
Britannic Majesty, and the United States, respectively, 
have decided, and do decide, that Moose Island, Dudley 
Island, and Frederick Island in the Bay of Passamaquoddy, 
which is part of the Bay of Fundy, do, and each of them 
does, belong to the United States of America ; and we have 
also decided, and do decide, that all the other islands, and 
each and every of them, in the said Bay of Passamaquoddy, 
which is part of the Bay of Fundy, and the Island of Grand 
Menan, in the said Bay of Fundy, do belong to his said 
Britannic majesty, in conformity with the true intent of the 
said second article of said treaty of one thousand seven 
hundred and eighty-three. 

In faith and testimony whereof, we have set our hands 
and affixed our seals, at the city of New York, in the state 
of New York, in the United States of America, this twenty- 
fourth day of November, in the year of our Lord one 
thousand eight hundred and seventeen. 

JOHN HOLMES, (l. s.) 

THOMAS BARCLAY, (l. s.) 

Witness i 

James T. Austin, Agent U. S. A. 
Anthony Barclay, Secretary. 

DECLARATION OF THE COMMISSIONERS UNDER THE 

FOURTH ARTICLE OF THE TREATY 

OF GHENT. 

New York, 24"> November 1817 
Sir, 

The undersigned commissioners, appointed by virtue 

of the fourth article of the treaty of Ghent, have attended 



126 DOCUMENTS RELATING TO THE 

to the duties assigned them ; and have decided that Moose 
Ishind, Dudley Ishind, and Frederick Ishind, in the Bay of 
Passamaquoddy, which is part of the Bay of Fundy, do 
each of them belong to the United States of America, and 
that all the other islands in the Bay of Passamaquoddy, and 
the Ishind of Grand Menan, in the Bay of Fundy, do each 
of them belong to his Britannic majesty, in conformity with 
the true intent of the second article of the treaty of peace 
of one thousand seven hundred and eighty-three. The 
commissioners have the honor to enclose herewith their 
decision. 

In making this decision, it became necessary that each of 
the commissioners should yield a part of his individual 
opinion : several reasons induced them to adopt this meas- 
ure ; one of which was the impression and belief that the 
navigable waters of the Bay of Passamaquoddy, which, by 
the treaty of Ghent, is said to be part of the Bay of Fundy, 
are common to both parties tor the purpose of all lawful and 
direct communication with their own territories and foreign 
ports. 

The undersigned have the honor to be. 
With perfect respect. Sir, 

Your obedient and humble servants, 
J. Holmes, 
Tho : Barclay. 
The Hon. John Quincy Adams, 

Secretary of State. 



TERRITORIAL HISTORY OF MAINE. 127 



CXXII. 

TREATY WITH THE PENOBSCOT TRIBE OF INDIANS, 
BY THE COMMONWEALTH OF MASSACHUSETTS. 

June 29, 1818. 

Sources. 

The relations which Massachusetts established with the 
Indians were continued under the constitution of the State 
of Maine in accordance with the Articles of Separation ; a 
phice is therefore given to the treaty between the common- 
wealth of Massachusetts and the Penobscot tribe of Indians, 
which was signed by both parties, June 29, 1818. 

March 20, 1843, it was ordered by the " Council for the 
Governor of the State of Maine" that "the secretary of 
state be requested to cause the treaties, bonds and other 
documents, now on tile in the secretary's office, in relation 
to the Penobscot and Passamaquoddy tribes of Indians, 
necessary to be preserved as evidence of their title to their 
lands, and their claims against the state, to be printed 
with the resolves for the year 1843." In accordance with 
that order they were printed from the original text and 
bound with "Acts and Resolves passed by the Twenty-third 
Legislature of the State of Maine" (Augusta, 1843). 

The text adopted is that of " Resolves," 253-255 ; another 
text is by Joseph W. Porter, editor, "Bangor Historical 
Magazine" (Bangor, 1886-87), II., 93-95. 

Text. 

This writing indented and made this twenty ninth day of 
June, one thousand eight hundred and eighteen, between 
Edward H. Robbins, Daniel Davis and Mark Langdon 
Hill, Esqs., commissioners appointed by his excellency 
John Brooks, governor of the commonwealth of Massachu- 
setts, by and with the advice of council in conformity to a 
resolve of the legislature of said commonwealth, passed the 



128 DOCUMKNTS RELATING TO THE 

thirteenth day of February, A. D. one thousand eight hun- 
dred and eighteen, to treat with the Penobscot tribe of 
Indians upon the subject expressed in said resolve, on the 
one part ; and the said Penobscot tribe of Indians, by the 
undersigned chiefs, captains and men of said tribe, repre- 
senting the whole thereof, on the other part, Witnesseth, 
That the said Penobscot tribe of Indians, in consideration 
of the payments by them now received of said commission- 
ers, amounting to tour hundred dollars, and of the payments 
hereby secuied and engaged to be made to them by said 
commonwealth, do hereby grant, sell, convey, release and 
quitclaim, to the commonwealth of Massachusetts, all their, 
the said tribes, right, title, interest and estate, in and to all 
the lands they claim, occupy and possess by any means 
whatever on both sides of the Penobscot river, and the 
branches thereof, above the tract of thirty miles in length 
on both sides of said river, which said tribe conveyed and 
released to said commonwealth by their deed of the eighth 
of August, one thousand seven hundred and ninety-six, 
excepting and reserving from this sale and conveyance, for 
the per[)etual use of said tribe of Indians, four townships 
of land of six miles square each, in the following places, viz : 
The first beginning on the east bank of the Penobscot 
river, opposite the five islands, so called, and running up 
said river accordinix to its course, and crossing the mouth 
of the Mattawamkeag river, an extent of six miles from the 
place of beginning, and extending back from said river six 
miles, and to he laid out in conformity to a general plan or 
arrangement which shall be made in the survey of the ad- 
joining townships on the river — one other of said town- 
ships lies on the o[)posite or western shore of said river, 
and is to begin as nearly opposite to the place of beginning 
of the first described township as can be, having regard to 



TERRITORIAL HISTORY OF MAINE. 129 

the general plan of the townships that may be hiid out on 
the western side of said Penobscot river, and running up 
said river according to its course, six miles, and extending 
back from said river six miles. Two other of said townships 
are to begin at the foot of an island, in west branch of 
Penobscot river in Nolacemeac lake, and extending on both 
sides of said lake, bounding on the ninth range of townships, 
surveyed by Samuel Weston, Esq., which two townships 
shall contain six miles square each, to be laid out so as to 
correspond in courses with the townships which now are, or 
hereafter may be surveyed on the public lands of the state. 
And the said tribe do also release and discharge said com- 
monwealth from all demands and claims of any kind and 
description, in consequence of said tribe's indenture and 
agreement made with said commonwealth, on the eighth 
day of August, one thousand seven hundred and ninety-six, 
by their commissioners, William Sheppard, Nathan Dane, 
and Daniel Davis, Esquires ; and we the undersigned com- 
missioners on our part in behalf of said commonwealth, in 
consideration ot the above covenants, and release of the said 
Penobscot tribe, do covenant with said Penobscot tribe of 
Indians, that they shall have, enjoy and improve all the 
four excepted townships described as aforesaid, and all the 
islands in the Penobscot river above Oldtown and including 
said Oldtown island. And the commissioners will purchase 
for their use as aforesaid, two acres of land in the town of 
Brewer, adjoining Penobscot river, convenient for their 
occupation, and provide them with a discreet man of good 
moral character and industrious habits, to instruct them in 
the arts of husbandry, and assist them in fencing and tilling 
their grounds, and raising such articles of production as 
their lands are suited for, and as will be most beneficial for 
them, and will erect a store on the island of Oldtown, or 
Vol. II. 10 



130 DOCUMKNTS RELATING TO TIIK 

contijruous thereto, in which to deposit their yearly supplies, 
and will now make some necessary repairs on their church, 
and pay and deliver to said Indians for their absolute use, 
within ninety days from this date, at said island of Oldtown, 
the following articles viz : one six pound cannon, one swivel, 
fifty knives, six brass kettles, two hundred yards of calico, 
two drums, four fifes, one box pipes, three hundred yards 
of ribbon, and that annually, and every year, so long as 
they shall remain a nation, and reside within the common- 
wealth of Massachusetts, said commonwealth will deliver 
for the use of said Penobscot tribe of Indians at Oldtown 
aforesaid, in the month of October, the following articles 
viz : five hundred bushels of corn, fifteen barrels of wheat 
flour, seven barrels of clear pork, one hogshead of molasses, 
and one hundred yards of double breadth broad cloth, to be 
of red color one year, and blue the next year, and so on 
alternately, fifty good blankets, one hundred pounds of 
gunpowder, four hundred [)0unds of shot, six boxes of 
chocolate, one hundred and fifty pounds of tobacco, and 
fifty dollars in silver. The delivery of the articles last 
aforesaid to commence in October next, and to be divided 
and distributed at four different times in each year among 
said tribe, in such manner as that their wants shall be most 
essentially supplied, and their business most efiectually sup- 
ported. And it is further agreed by and on the part of said 
tribe, that the said commonwealth shall have a right at all 
times hereafter to make and keep open all necessary roads, 
through any lands hereby reserved for the future use of 
said tribe. And that the citizens of said commonwealth 
shall have a right to pass and repass any of the rivers, 
streams, and ponds, which run through any of the lands 
hereby reserved, for the purpose of transporting their tim- 
ber and other articles through the same. 



TERRITORIAL HISTORY OF MAINE. 131 

In witness whereof, the parties aforesaid have hereunto 
set our hands and seal. 

Edw'd H. Bobbins. (Seal.) 

Dan'l Davis. (Seal.) 

Mark Langdon Hill. (Seal.) 

bis 

John X Etien, Governor. (Seal.) 

mark 
his 

John X Neptune, Lt. Governor. (Seal.) 

mark 
bis 

Francis X Lolon. (Seal.) 

mark 

Nicholas Neptune. (Seal.) 

bis 

Sock X Joseph, Captain. (Seal.) 

mark 
his 

John X Nicholas, Captain. (Seal.) 

mark 
his 

Etien X Mitchell, Captain. (Seal.) 

mark 
bis 

Piel X Marie, (Seal.) 

mark 

Piel X Periut, Colo. (Seal.) 

mark 
bis 

Piel X Tomah. (Seal.) 

mark 

Signed, sealed and delivered ) 
in presence of us : y 

Lothrop Lewis, 
Jno. Blake, 
Joseph Lee, 
Eben'r Webster, 
Joseph Whipple. 



Penobscot, ss — June 30th, 1818. Personally appeared 
the aforenamed Edward H. Robbins, Daniel Davis, and Mark 
Langdon Hill, Esquires, and John Etien, John Neptune, 



132 DOCUMENTS RELATING TO THE 

Francis Loloii, Nicholas Neptune, Sock Joseph, John 
Nicholas, Etien Mitchell, Pie! Marie, Piel Periut, and Piel 
Tomah, subscribers to the foregoing instrument, and sev- 
erally acknowledged the same to be their tree act and deed. 
Befoke me, 

WILLIAM D. WILLIAMSON, Justice of the Peace. 

Penobscot, ss. Received July 1st, 1818, and recorded 
in book No. 4, page 195, and examined by 

JOHN WILKINS, Register. 
Copy examined. 

A. BRADFORD, Secretary 

of commonwealth of Massachusetts. 



CXXIII. 

EXTRACTS FROM THE CONVENTION FOR RIGHTS OF 

FISHING, BETWEEN THE UNITED STATES 

AND GREAT BRITAIN. 

October 20, 1818. 

Sources. 

That the convention between the United States and Great 
Britain, which was concluded at London, October 20, 1818, 
has a close relation to Maine history is shown both by the 
text itself and its subsequent use by the arbitration com- 
mission which met at Halifax, June 15, 1877. 

The convention was printed l)y H. Niles, " Weekly 
Register," XV., 434-43(); it is also in "American State 
Papers, Foreijrn Relations," (Washington, 1834), IV., 
40H, 407 ; " Statutes at Larije of the United States of 
America," (Boston, 1841)), VIIL, 248-250; John H. Has- 
well, compiler, " Treaties and Conventions concluded 
between the United States of America and Other Powers 
since July 4, 177(i," (Washington, 1889), 415-418; and, in 



TERRITORIAL HISTORY OF MAINE. 13^^ 

both French and German, by George Frederic de Martens, 
editor, " Supplement au Recueil des Principaux Traites 
d' Alliance, ..." (Gottingue, 1820), Vlll., 570-577. 

Extracts from the convention are reprinted here from 
"American State Papers." 

Text. 

The United States of America and His Majesty the King 
of the United Kingdom of Great Britain and Ireland, desir- 
ous to cement the good understanding which happily subsists 
between them, have, for that purpose, named their respec- 
tive plenipotentiaries, that is to say : the President of the 
United States, on his part, has appointed Albert Gallatin, 
their envoy extraordinary and minister plenipotentiary to 
the court of France and Richard Rush their envoy extraor- 
dinary and minister plenipotentiary to the court of His 
Britannic Majesty : and His Majesty has appointed the 
risfht honorable Frederick John Robinson, treasurer of His 
Majesty's navy, and president of the committee of privy 
council for trade and plantations ; and Henry Goulburn, 
Esq., one of His Majesty's under secretaries of state : who, 
after having exchanged their respective full powers, found 
to be in due and proper form have agreed to and concluded 
the following articles : 

Akt. I. Whereas differences have arisen respecting the 
liberty claimed by the United States, for the inhabitants 
thereof, to take, dry, and cure, fish, on certain coasts, bays, 
harbours, and creeks, of His Britannic Majesty's dominions 
in America, it is agreed between the high contracting 
parties that the inhabitants of the said United States shall 
have, forever, in common with the subjects of His Britannic 
Majesty, the liberty to take fish of every kind on that part 
of the southern coast of Newfoundland which extends from 
Cape Ray to the Ramea Islands, on the western and north- 
ern coast of Newfoundland ; from the said Cape Ray to the 



134 DOCUMENTS RELATING TO THE 

(^uirpon Islands ; on the shores of the Magdalen Islands ; 
and also on the coasts, bays, harbours, and creeks, from 
Mount Joli, on the southern coast of Lal)rador, to and 
through the straits of Belleisic, and thence northwardly, 
indefinitely, along the coast, without prejudice, however, to 
any of the exclusive rights of the Hudson's Bay Company ; 
and that the American fishermen shall also have liberty, for- 
ever, to dry and cure fish in any of the unsettled bays, 
harbours, and creeks, of the southern part of the coast of 
Newfoundland, hereabove described, and of the coast of 
Labrador ; but soon as the same, or any portion thereof, 
shall be settled, it shall not be lawful for the said fishermen 
to dry or cure fish at such portion so settled, without previ- 
ous agreement for such purpose with the inhabitants, 
proprietors, or possessors of the ground. And the United 
States hereby renounce, forever, an}^ liberty heretofore 
enjoyed or claimed by the inhabitants thereof, to take, dry, 
or cure fish, on or within three marine miles, of any of the 
coasts, bays, creeks, or harbours, of His Britannic Majes- 
ty's dominions in America, not included within the above 
mentioned limits : Provided, however, that the American 
fishermen shall be admitted to enter such bays or harbors, 
for the purpose of shelter and of repairing damages therein, 
of purchasing wood, and of obtaining water, and for no 
other [)urpose whatever. But they shall be under such re- 
strictions as may be necessary to prevent their taking, 
drying, or curing fish therein, or in any other manner what- 
ever abusing the privileges hereby reserved to them. 

Aiir. VI. This convention, when the same shall have 
been duly ratified by the President of the United States, by 
and with the advice and consent of their Senate, and by His 
Britannic Majesty and the respective ratifications mutually 
exchanged, shall be binding and obligatory on the said 



TERRITORIAL HISTORY OF MAINE. 135 

United States and on his majesty ; and the ratitications shall 
be exchanged in six months from this date, or sooner, if 
possible. 

In witness whereof, the respective plenipotentiaries have 
signed the same, and have thereunto affixed the seal of 
their arms. Done at London, this twentieth day of 
October, in the year of our Lord one thousand eight 
hundred and eighteen. 

(L. S.) Albert Gallatin, 

(L. S.) Richard Rush, 

(L. S.) Frederick John Robinson, 

(L. S.) Henry Goulburn. 



CXXIV. 

ACT RELATING TO THE SEPARATION OF MAINE 
FROM MASSACHUSETTS PROPER, BY THE GEN- 
ERAL COURT OF MASSACHUSETTS. 

June 19, 1819. 

Sources. 

Although the question ot separation from Massachusetts 
proper hud been agitated at intervals by the people of the 
District of Maine, the matter did not really take definite 
form until 1816, when, in response to petitions "from sun- 
dry towns," an Act of Separation passed both houses of the 
legislature of Massachusetts and received the sanction of 
the governor February 10. The act provided for a formal 
vote on the question in the District of Maine, promising 
that, if the affirmative votes were in the ratio of five to four, 
a convention should then form a constitution. The pro- 
ceedings of the Brunswick convention are related by Henry 
Leland Chapman for the Pejepscot Historical Society, 
" Collections," (Brunswick, 1889), L, 1-20. As a result of 



136 DOCUMENTS RELATING TO THE 

the first forni;il vote the General Couit of Massachusetts 
decided " that the contingency upon which the consent of 
Massachusetts was to he given for the Separation ot the 
District of Maine has not hai)[)ened ; and that tlie i)()wers of 
the Brunswick Convention to take any measures tending to 
that event have ceased." Three years hiter another " Act 
rehiting to the Separation of Maine from Massachusetts 
proper and forming the same into a Separate and Indepen- 
dent State " })assed both houses and received the approval 
of the governor, John Brooks, June 19, 1819. 

The text of the Act of Separation is printed in " Laws of 
the Commonwealth of ]\Iass;ic'husetts passed at the several 
sessions of the General Court . . . May, 1818 . . . Febi'u- 
ary, 1822,'' (Boston, 1822), VIII., 248-2G0 ; " Laws of the 
State of Maine, to which are prefixed the Constitution of 
the United States, and of the said State" (Brunswick, 1821), 
1008-1009; "The Public Laws of the State of Maine, 
passed by the Legislature at its Session held in January, 
1822 " (Portland," 1822), 6-25 ; " The Journal of the Con- 
stitutional Convention of the District of Maine, with the 
Articles of Separation, and Governor Brooks's Proclamation 
prefixed" (Auirusta, 18o()), 3-14; Ben: Perley Poore, 
" The Federal and State Constitutions, Colonial Charters, 
and Other Organic Laws of the United States" (Washing- 
ton, 1877), 809, 810; and in "The Revised Statutes of 
Maine" (Portland, 1884), 35-55. 

The text ad()[)te(l is that of " Laws of the Commonwealth 
of Massachusetts." 

Text. 

WHEREAS it has been represented to this Legishiture, 
that a majority of the people of the District of Maine are 
desirous of establishing a Separate and Independent Gov- 
ernment within said district ; Therefore, 

Sec. I. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the 
authority of the same. That the consent of this Common- 
wealth be, and the same is hereby given, that the District 
of Maine may be formed and erected into a Separate and 
Independent State, if the people of the said District shall, 
in the manner, and by the majority, hereinafter mentioned, 



TERRITORIAL HISTORY OF MAINE. 137 

express their consent and agreement thereto, upon the fol- 
lowing terms and conditions ; and, provided, the Congress 
of the United States shall give its consent thereto, before 
the fourth day of March next : which terms and conditions, 
are as follows, viz : 

First, All the lands and buildings belonging to the Com- 
monwealth, within Massachusetts Proper, shall continue to 
belong to said Commonwealth ; and all the lands belonging 
to the Commonwealth, within the District of Maine, shall 
belong, the one half thereof, to the said Commonwealth, 
and the other half thereof, to the State to be formed within 
the said District, to be divided as is hereinafter mentioned ; 
and the lands within the said District, which shall belong to 
the said Commonwealth, shall be free from taxation, while 
the title to the said lands remains in the Commonwealth; 
and the rights of the Commonwealth to their lands, within 
said District, and the remedies for the recovery thereof, 
shall continue the same within the proposed State, and in 
the Courts thereof as they now are within the said Com- 
monwealth, and in the Courts thereof; for which purposes, 
and for the maintenance of its rights, and recovery of its 
lands, the said Commonwealth shall be entitled to all other 
proper and legal remedies, and may appear in the Courts of 
the proposed State, and in the Courts of the United States, 
holden therein, and prosecute as a party, under the name 
and style of the Commonwealth of Massachusetts ; and all 
rights of action for, or entry into lands, and of actions upon 
bonds, for the breach of the performance of the condition of 
settling duties, so called, which have accrued, or may 
accrue, shall remain in this Commonwealth, to be enforced, 
commuted, released, or otherwise disposed of, in such man- 
ner as this Commonwealth may hereafter determine : Pro- 
vided, however, that whatever this Commonwealth may 
hereafter receive or obtain on account thereof, if any thing, 



138 DOCUMENTS RELATING TO THE 

shall, after deducting all reasonable charges relating thereto, 
be divided, one third part thereof, to the new State, and 
two third parts thereof, to this Commonwealth. 

Second. All the arms which have been received by this 
Commonwealth from the United States, under the law of 
Congress, entitled "An act making provision for arming 
and equipping the whole body of militia of the United 
States," passed April the twenty-third, one thousand eight 
hundred and eight, shall, as soon as the said District shall 
become a Separate State, be divided between the two States, 
in proportion to the returns of the militia, according to 
which, the said arms have been received from the United 
States, as aforesaid. 

Third. All monies, stock, or other proceeds, hereafter 
obtained from the United States, on account of the claim of 
this Commonwealth, for disbursements made, and expenses 
incurred, for the defence of the State, during the late war 
with Great Britain, shall be received by this Commonwealth, 
and when received, shsdl be divided between the two States, 
in the proportion of two thirds to this Commonwealth, and 
one third to the new State. 

Fourth. All other property, of every description, 
belonging to the Commonwealth, shall be holden and 
receivable by the same, as a fund and security, for all debts, 
annuities, and Indian subsidies, or claims due by said Com- 
monwealth ; and within two years after the said District 
shall have become a Separate State, the Commissioners to 
be appointed, as hereinafter provided, if the said States 
cannot otherwise agree, shall assign portion of the produc- 
tive property, so held by Commonwealth, as an equivalent 
and indemnification to said Commonwealth, for all such 
debts, annuities, or Indian subsidies or claims, which may 
then remain due, or unsatisfied ; and all the surplus of the 
said property, so holden, as aforesaid, shall be divided 



TERRITORIAL HISTORY OF MAINE. 139 

between the said Commonwealth and the said District of 
Maine, in the proportion of two thirds to the said Common- 
wealth, and one third to the said District. And if, in the 
judgment of the said Commissioners, the whole of said 
property, so held, as a fund and security, shall not be suffi- 
cient indemnification, the said District shall be liable for, 
and shall pay to said Commonwealth, one third of the 
deficiency. 

Fifth. The new State shall, as soon as the necessary 
arrangements can be made for that purpose, assume and 
perform all the duties and obligations of this Common- 
wealth, towards the Indians within said District of Maine, 
whether the same arise from treaties or otherwise ; and for 
this purpose, shall obtain the assent of said Indians, and 
their release to this Commonwealth of claims and stipula- 
tions arising under the treaty at present existing between 
the said Commonwealth and said Indians ; and as an indem- 
nification to such new State, therefor, this Commonwealth, 
when such arrangements shall be completed, and the said 
duties and obligations assumed, shall pay to said new State, 
the value of thirty thousand dollars, in manner following, 
viz. : The said Conmiissioners shall set off by metes and 
bounds, so much of any part of the land, within the said 
District, falling to this Commonwealth, in the division of 
the public lands, hereinafter provided for, as in their esti- 
mation shall be of the value of thirty thousand dollars ; and 
this Commonwealth shall, thereupon, assign the same to 
the said new State ; or in lieu thereof, may pay the sum of 
thirty thousand dollars, at its election, which election of 
the said Commonwealth, shall be made within one year 
from the time that notice of the doings of the Commission- 
ers, on this subject, shall be made known to the Governor 
and Council ; and if not made within that time, the election 
shall be with the new State. 



140 DOCUMENTS RELATING TO THE 

Sixth. Commi.'^sioners, with the powers and for the pur- 
poses mentioned in this act, shall he appointed in manner 
following: The Executive authority of each State shall 
appoint two ; and the four so appointed, or the major part 
of them, shall appoint two more; but if they cannot agree 
in the appointment, the Executive of each State shall 
appoint one in addition ; not, however, in that case, to be a 
citizen of its own State. And any vacancy happening with 
respect to these two Commissioners, shall be supplied in the 
manner provided for their original appointment ; and, in addi- 
tion to the powers herein before given to said Commissioners, 
they shall have full power and authority, and it shall be 
their duty, within ten years, next after the commissions 
shall be tilled up, to divide all the public lands within the 
District, between the respective States, in equal shares, or 
moieties, in severalty, having regard to quantity, situation 
and quality ; they shall determine what lands shall be sur- 
veyed and divided, from time to time; the expense ot which 
surveys, and of the commission shall be borne equally by 
the two States. They shall keep fair records of their do- 
ings, and of the surveys made by their direction ; copies of 
which records, authenticated by them, shall be deposited in 
the archives of the respective States; transcripts of which, 
properly certified, may be adn)itted in evidence, in all ques- 
tions touching the subject to which they relate. The Exec- 
utive authority of each State may revoke the power of 
either or both its Commissioners ; having, however, first 
appointed a substitute, or substitutes, and may fill any 
vacancy happening with respect to its own Commissioners ; 
four of said Commissioners shall constitute a quorum, for 
the transaction of business; their decision shall be final, 
upon all subjects within their cognizance. In case said 
commission shall expire, the division not having been com- 
pleted, and either State shall request the renewal or filling 



TEKKITORIAL HISTORY OF MAINE. 141 

up of the same, it shall be renewed, or filled up in the same 
manner as is herein provided for filling the same, in the first 
instance, and with the like powers ; and if either State 
shiill, after six months notice, neglect or refuse to appoint 
its Commissioners, either for filling the commission in the 
first instance, or the renewal thereof, the other may fill up 
the whole commission. 

Seventh. All grants of lands, franchises, immunities, 
corporate or other rights, and all contracts for, or grants of 
land not yet located, which have been or may be made by 
the said Commonwealth, before the separation of said Dis- 
trict shall take place, and having or to have effect within 
the said District, shall continue in full force, after the said 
District shall become a Separate State. But the grant 
which has been made to the President and Trustees of Bow- 
doin College, out of the tax laid upon the banks, within this 
Commonwealth, shall be charged upon the tax upon the banks 
within the said District of Maine, and paid according to the 
terms of said grant ; and the President and Trustees, and 
the Overseers of said College, shall have, hold and enjoy 
their powers and privileges in all respects ; so that the same 
shall not be subject to be altered, limited, annulled or 
restrained, except by judicial process, accoiding to the 
principles of law ; and in all grants hereafter to be made, 
by either State, of unlocated land withm the said District, 
the same reservaticms shall be made for the benefit of 
Schools, and of the Ministr^-^, as have heretofore been usual, 
in grants made by this Commonwealth. And all lands here- 
tofore granted by this Commonwealth, to any religious, 
literary, or eleemosynary corporation, or society shall be 
free from taxation, while the same continues to be owned 
by such corporation, or society. 

Eighth. No laws shall be passed in the proposed State, 
with regard to taxes, actions, or remedies at law, or bars, 



142 DOCUMExNTS RELATING TO THE 

or limitations thereof, or otherwise making any distinction 
between the lands and rights of property of proprietors, 
not resident in, or not citizens of the proposed State, resi- 
dent therein ; and the rights and liabilities of all persons, 
shall, after the said separation, continue the same as if the 
said District was still a part of this Commonwealth, in all 
suits pending, or judgments remaining unsatisfied, on the 
fifteenth day of March next, where the suits have been 
commenced in Massachusetts Proper, and process has been 
served within the District of Maine ; or commenced in the 
District of Maine, and process has been served in Massa- 
chusetts Proper, either by taking bail, making attachments, 
arresting and detaining persons, or otherwise, where execu- 
tion remains to be done ; and in such suits, the Courts 
within Massachusetts Proper, and within the proposed 
State, shall continue to have the same jurisdiction as if the 
said District still remained a part of the Commonwealth. 
And this Commonwealth shall have the same remedies, 
within the proposed State, as it now has, for the collection 
of all taxes, bonds, or debts, which may be assessed, due, 
made, or contracted, by, to, or with the Commonwealth, 
on or before the said fifteenth da}'^ of March, within the 
said District of jNIaine ; and all officers within Massachu- 
setts Proper and the District of Maine, shall conduct them- 
selves accordingly. 

Ninth. These terms and conditions, as here set forth, 
when the said District shall become a Separate and Inde- 
pendent State, shall, ipso /acio, be incorporated into, and 
become, and be a part of any constitution, provisional, or 
other, under which the government of the said proposed 
State shall, at any time hereafter, be administered ; subject, 
however, to be modified, or annulled, by the agreement of 
the Legislature of both the said States ; but by no other 
power or body whatsoever. 



TERRITORIAL HISTORY OF MAINE. 143 

Sec. 2. Be it further enacted. That the inhabitants of 
the several towns, districts, and plantations, in the District 
of Maine, qualified to vote for Governor or Senators, shall 
assemble in regular meeting, to be notified by warrants of 
the proper officers, on the fourth Monday of July next, and 
shall, in open meeting, give in their votes, on this question : 
*' Is it expedient, that the District of Maine shall become a 
Separate and Independent State, upon the terms and con- 
ditions, provided in an act, entitled An act relating to the 
separaton of the District of Maine trora Massachusetts 
Proper, and forming the same into a Separate and Indepen- 
dent State? " And the Selectmen of the towns and districts, 
and the Assessors of the plantations, shall, in open meet- 
ing, receive, sort, count and declare, and the Clerks thereof, 
respectively shall record the votes given for and against the 
measure; and the said Selectmen, Assessors and Clerks, 
respectively, shall record the votes given for and against 
the measure; and the said Selectmen, Assessors, and 
Clerks, respectively, shall make out an exact return thereof, 
under their hands, and shall seal up and transmit the same 
to the office of the Secretary of this Commonwealth, on or 
before the fourth Monday of August next. And all returns, 
not then made, shall be rejected in the counting ; and the 
Governor and Council shall open and examine the said 
returns, made as aforesaid, and shall count the votes given 
on the said question : And the Governor shall, by public 
proclamation, to be made as soon as the state of the votes 
can be ascertained, after the said fourth Monday of August 
next, make known the result, by declaring the number of 
votes appearing in favor of the separation of said District, 
as aforesaid, and the number of votes appearing against it. 
And, if the number of votes for the measure shall exceed 
the number of votes against it, by fifteen hundred, then, 
and not otherwise, the people of said District shall be 



144 DOCUMENTS RELATING TO THE 

deemed to have expressed their consent and agreement, 
that the said District shall become a Separate and Inde- 
pendent State, upon the terms and conditions above stated; 
and in case of such majority, the Governor, in his said 
piochimati(jn, shall call upon the people of said District to 
choose Delegates to meet in convention for the purposes, 
and, in the manner hereinafter provided ; and in addition 
to publishing said proclamation, in one or more of the 
public newspapers printed in Boston, and in the District 
of Maine, copies of the same, duly authenticated, shall, 
as soon as can conveniently be done, after the making of 
the stime, be transmitted to the office of the Clerks of the 
Courts of Common Pleas, in the several counties of the 
District of Maine, for public examination ; and one such 
copy, at least, shall be transmitted to the Convention of 
Delegates, hereinafter mentioned, when said Convention 
shall be formed. 

Skc. 3. Be it further enacted. That if it shall be de- 
clared by said proclamation, that the said majority of fifteen 
hundred votes appeared by the returns to be in favor of the 
separation of the said District as aforesaid ; the inhabitants 
of the several towns and districts, now entitled to send one 
or more Representatives to the General Court, and all other 
incorporated towns, shall, on the third Monday of Septem- 
ber next, assemble in town meeting, to be notified by war- 
rant of the Selectmen, and shall elect one or more Delegates, 
(not exceeding the number of Representatives which such 
town is now entitled to; each town, however, to be at 
liberty to elect at least one,) to meet Delegates from 
other towns within the said District, in Convention, for 
the purpose of forming a Constitution, or frame of Gov- 
ernment, for the said District. And at such meeting ot the 
said inhabitants, every person qualified to vote for Senators, 
shall have a right to vote in the choice of Delejjates. And 



TERKITOKIAL HISTOUY OF MAINE. 145 

the selectmen shall preside, at such meetiiiGi:, and shall in 
open meeting, receive, sort, count and declare the votes, 
and the Clerk shall make a record thereof, in presence of 
the Selectmen, and in open meeting. And fair copies of 
the said record shall be attested by the Selectmen and 
Town Clerk, and one such copy shall be delivered by the 
Selectmen to each of the persons duly elected a Delegate. 

Sec. 4. Be it farther enacted.. That the persons so 
elected Delegates, shall meet in convention, at the Court 
House, in Portland, in the County of Cumberland, on the 
second Monday of October next, and they shall be the 
judges of the returns and elections of their own members, 
and may adjourn fi'oin time to time, and sixty of the per- 
sons elected shall constitute a quorum for the transaction of 
business; and the said Delegates shall, as soon as may be, 
proceed to organize themselves, in Convention, by choosing 
a President, and such other officers as they may judge expe- 
dient, and establishing proper rules of proceedings; and it 
shall be the duty of the said Convention, to apply to the 
Congress of the United States, for its assent to be given, 
before the last day of January next, that the said District 
shall be admitted into the Union, as a Separate and Inde- 
pendent State. And it shall also be the duty of the said 
Convention, to form a Constitution, or frame of govern- 
ment, for said new State, and to determine the style and 
title of the same; and such Constitution, when adopted, 
and ratified by the people of said District, in the manner 
hereinafter mentioned, shall, from and after the fifteenth 
day of March, in the year of our Lord, one thousand eight 
hundred and twenty, (the consent of the Congress of the 
United States, then being first had as aforesaid,) be the 
Constitution of said new State. And the said Convention 
shall, as soon as may be, after having formed such Consti- 
tution, or frame of government, for such new State, cause 
Vol. II. 11 



146 DOCUMENTS RKLATING TO THE 

the same to he puhlishcd, and .sent to the several towns, 
districts, and plantations, withiu the said District of Maine ; 
and there shall be a meeting of the inhabitants, in each of 
said towns, districts, and plantations, to be called and 
warned by the Selectmen, and Assessors respectively, in 
due course of law ; and on the day named by said Conven- 
tion, at which meeting, every male inhabitant, having the 
personal qualifications, herein declared requisite in the elec- 
tion of Delegates to said Convention, shall have a right to 
vote ; and the people so assembled, shall give in their votes 
in writing, expressing their approbation or disapprobation 
of the Constitution so prepared, and proposed by said Con- 
vention. And the Selectmen of the several towns, and the 
Assessors of the several districts, and plantations respec- 
tively, shall preside at such meetings, and shall receive the 
votes of all the inhabitants duly qualified as aforesaid, and 
shall sort and count them in open meeting of the town, dis- 
trict, or plantation ; and a fair copy of such record shall be 
attested by the Selectmen or Assessors, and the Clerk of 
the town, district, or plantation, respectively, and shall be, 
by the said Selectmen or Assessors, transmitted and deliv- 
ered to the said Convention, or to the President thereof, 
for the time being, or to any Committee appointed to re- 
ceive the same, on or before the first day of January next ; 
on which day, or within ten days thereafter, the said Con- 
vention shall be in session, and shall receive and count all 
the votes returned, and declare and publish the result; and 
if a majority of the votes so returned, shall be in favor of 
the Constitution proposed, as aforesaid, the said Constitu- 
tion shall go into operation, according to its own provisions ; 
otherwise the constitution of Massachusetts, with the addi- 
tion of the terms and conditions herein provided, shall be, 
and be considered as the Constitution of the said proposed 
state, in case a new Constitution shall not be so adopted 



TERRITORIAL HISTORY OF MAINE. 147 

and ratified by the people of said District of Maine, the 
present Constitution of the Commonwealth of Massachu- 
setts, shall, with the terms and conditions aforesaid, and 
with the exceptions hereinafter made, be provisionally, the 
Constitution or frame of government, for said District ; 
except only such parts of said Constitution of Massachu- 
setts, as relate to the style or title of said State, or may be 
otherwise inconsistent with, or repugnant to the situation 
and condition of said new State ; and except, that the peo- 
ple of said District shall choose in their Senatorial Districts, 
as now established, three times the number ot Senators 
now allowed them, and that the Legislature shall choose 
such a number of Counsellors, not exceeding nine, as they 
shall determine to be proper. And the said Convention 
shall designate the place for the first meeting of the Legis- 
lature of said new State, and for the organization of its 
government, and shall appoint a Secretary, pro tempore, 
for said new State ; and the said Convention shall regulate 
the pay of its members ; and the person, authorized by said 
Convention, may draw upon the treasury of the Common- 
wealth for the amount of the pay roll, not, however, to 
exceed the amount of the money paid into the treasury by 
the several banks within said District, for the tax upon the 
same, due and payable on the first Monday ot October next ; 
and the sum or sums so drawn for, and paid out of the 
treasury, shall be a charge upon the new State in the divi- 
sion of the property, provided for in the fourth article of 
the terms and conditions stated in the first section of this 
act. 

Sec. 5. Be it further enacted. That until a Governor 
of the proposed State shall be chosen and qualified accord- 
ing to the Constitution which may be in operation in said 
State, the person last chosen President of the said Conven- 
tion, shall, from and after the fifteenth day of March next, 



148 DOCUMENTS RELATING TO THE 

have all the power of the Governor and Council under the 
Constitution of Massachusetts, until a new Governor shall 
be chosen and (luiilitied in the said proposed State ; except- 
inp^ oidy, that the said President shall not have the power 
to remove from office any officer who may be duly qualified, 
and executing the duties of his office according to the intent 
and meaning of this act. 

And in order that there may be no failure of justice, and 
that IK) danger may arise to the people of the said District 
of Maine, after the fifteenth day of March next, and before 
the government of the said State shall be fully organized ; 
therefore. 

Sec. (). Be it farther enacted, That all the laws which 
shall be in force within said District of Maine, upon 
the fifteenth da} of March next, shall still remain and be 
in force, within the said pro[)osed State, until altered 
or repealed by the government thereof, such part only 
excepted as may be inconsistent with the situation and 
condition of said new State, or repugnant to the Constitu- 
tion thereof. And all officers, who shall, on the said 
fifteenth day of March next, hold commissions, or exercise 
any authority within the said District of Maine, under the 
Commonwealth of Massachusetts, or by virtue of the laws 
thereof, excepting only, the Governor, Lieutenant Gover- 
nor and Council, the Meml)ers of the Legislature, and the 
Justices of the Supreme Judicial Court of the said Com- 
monwealth of Massachusetts, shall continue to have, hold, 
use, exercise and enjoy, all the powers and authority to 
them respectively granted or committed, until other per- 
sons shall be appointed in their stead, or until their respec- 
tive offices shall be annulled by the government of said 
proposed State. And all Courts of Law, whatsoever, 
within the said proposed State, excepting only the Supreme 
Judicial Court, shall proceed to hear and determine all 



TERRITORIAL HISTORY OF MAINE. 149 

causes, matters and things, which are or may be com- 
menced or depending before them, respectively, upon the 
said fifteenth day of March next, or at any time afterwards, 
and before the government of the said proposed State shall 
establish new Courts within the same ; and shall continue 
from and after the said fifteenth day of March next, to 
exercise the like power and authority, and in like manner 
as they now by law may do, until such new Courts shall be 
so established, in their stead. 

Sec. 7. Be it further enacted, That all actions, suits, 
and causes, civil and criminal, and all matters and things 
whatsoever, that shall, on the said fifteenth day of March 
next, be in any manner depending in the Supreme Judicial 
Court of the said Commonwealth of Massachusetts, then 
last holden within any county in the said District of Maine, 
and all writs, recognizances, and other processes whatso- 
ever, that may be then returnable to the said Supreme 
Judicial Court, shall be respectively transferred, and 
returned to, have day in, and be heard, tried and deter- 
mined in the highest Court of Law that shall be established 
in the said new State, by the government thereof; and at 
the first term of such Court, that shall be held within the 
county in which such action, writ, process, or other matter 
or thing, may be so pending or returnable. And in all 
cases of appeals from any Circuit Court of Common Pleas, 
or Probate, or other Court, which shall be made after the 
said fifteenth day of March next, in any action, cause, or 
suit whatsoever, and which would by law be made to the 
said Supreme Judicial Court thereof, it shall be sufiicient 
for the appellant to claim an appeal, without naming or 
designating the Court appealed to ; and such appeal shall 
be entered at the Supreme or Superior Judicial Court, or 
highest Court of Law, to be established by the government 
ol the said new State, which shall first thereafter be held 



150 DOCUMENTS RELATING TO THE 

within or for the county in which such action, cause, or 
suit may be pending, and shall there be heard, tried, and 
determined, according to law. 

Provided, however, That nothing contained in this section 
shall 1)0 understood or construed to control, in any degree, 
the right of the people of the said new State, or the govern- 
ment thereof, to establish Judicial Courts, in such manner, 
and with such authority as they shall see fit; nor to pre- 
vent the said people or their government from making any 
other provisions, pursuant to their Constitution, and not 
repugnant to the terms and conditions above set forth, 
respecting all the said actions, suits, processes, matters and 
things, herein above mentioned, as they shall think most 
proper, to prevent the discontinuance thereof, and to avoid 
any delay or failure of justice. 

[Approved by the Governor, June 19, 1819.] 



cxxv. 

PROCLAMATION FOR A CONSTITUTIONAL CONVEN- 
TION, BY HIS EXCELLENCY, JOHN BROOKS, 
GOVERNOR OF THE COMMONWEALTH 
OF MASSACHUSETTS. 

August 24, 1819. 

Sources. 

In accordance with the provisions of the Act of Separa- 
tion, the inhul)itants of Maine qualitied to vote for execu- 
tive officers assembled on the fourth Monday of July, 
1819, to cast their votes upon the (juestion sul)mitted by 
the General Court of the Commonwealth of Massachusetts, 
'' Shall th(! r^eirislature be requested to give its consent to 
the separation of the District ot Maine from Massachusetts 



TERRITORIAL HISTORY OF MAINE. 151 

and the creation of said district into a separate State?" 
The necessary majority of fifteen hundred having been 
secured, Governor Brooks issued a proclamation for a con- 
stitutional convention to meet at Portland on the second 
Monday of October, 1819. 

The proclamation was printed by H. Niles, " Weekly 
Kegister," XVII, 8, 9; also in "The Journal of the Con- 
stitutional Convention of the District of Maine, with the 
Articles of Separation, and Governor Brooks's Proclama- 
tion Prefixed" (Augusta, 1856), 17, 18, which is the text 
adopted . 

Text. 

WHEREAS by an act of the Legislature of this Com- 
monwealth passed on the nineteenth day of June last, 
entitled " An act relating to the separation of the District 
of Maine from Massachusetts proper, and forming the same 
into a separate and independent State " it is among other 
things provided, that the inhabitants of the several towns, 
districts and plantations, in the District of Maine, qualified 
to vote for Governor or Senators, should assemble in regu- 
lar meeting to be notified by warrants of the proper officers, 
on the fourth Monday of July then next, and in open meet- 
ing give in their votes on this question, 

" Is it expedient that the District of Maine shall become 
a separate and independent State upou the terms and con- 
ditions provided in the act aforesaid ? " 

And whereas provision is made by said act for the return 
of the votes so given, both for and against the measure, 
into the office of the Secretary of this Commonwealth, on 
or before the fourth Monday of August then next and for 
the opening, examining and counting of said votes by the 
Governor and Council ; 

And whereas it is further provided in said act, that as 
soon after the said fourth Monday of August as the state of 
said votes could be ascertained, the Governor should, by 



152 DOCUMENTS RKLATING TO TIIK 

])ul)lic })r<)elamiition, make known the result I)y declaring 
the number of votes appearing in favor of the separati()n of 
said District as aforesaid, and the number of votes ajipear- 
ing against it; and in case the number of votes for the 
measure should exceed the number of votes against it by 
fifteen hundred, that the Governor should in his said proc- 
lamation, call upon the people of said District to choose 
delegates to meet in convention for the purposes expressed 
and in the manner prescribed in said Act ; 

Now, therefore, I, John Brooks, Governor of the Com- 
monwealth of Massachusetts, do hereby declare and make 
known, to all whom it may concern, that upon a careful 
examination in manner aforesaid, of all the votes for and 
against said measure, duly and legally returned into the 
Secretary's [OflSce] conformably to said Act, it appears, 
that the whole number of votes given in favor of the sepa- 
ration of said District as aforesaid was seventeen thousand 
and ninety-one, and that the whole number of votes against 
it was seven thousand one hundred and thnly-two. 

And inasmuch as the number of votes for said measure 
exceeds the number of votes against it by fifteen hundred 
and upwards, I do hereby, by virtue of the authority given 
and pursuant to the requisitions contained in said Act, call 
u[)on the inhal)itants of the several towns and districts now 
entitled to send one or more representatives to the General 
Court, and all other incor{)orated towns in said District of 
Maine, to assemble in town meeting in their respective 
towns on the third Monday of September next, to be noti- 
fied by warrant of the selectmen and elect one or more del- 
egates not exceeding the number of representatives which 
such town is now entitled to, (each town, however, to be 
at liberty to elect one,) to meet delegates from other towns 
within the said District, in convention, at the Court House 
in Portland, in the CtJunty of Cuml)erland, on the second 



TERRITORIAL HISTORY OF MAINE. 153 

Monday of October next, for the purpose of forming a con- 
stitution or frame of government for the said District, and 
for other purposes expressed in said Act. 
Given under my hand and the seal of the Commonwealth at 
Boston, this twenty-fourth day of August A.D, 
[L. S.] eighteen hundred and nineteen ; and in the forty- 
fourth year of the independence of the United 
States of America. 

JOHN BROOKS. 
By His Excellency the Governor : 

ALDEN BRADFORD, Sec'y of the Commonwealth 

Copy. Examined by 

ALDEN BRADFORD, Sec'y of the Commonwealth 



CXXVI. 

CONSTITUTION OF THE STATE OF MAINE, 
ADOPTED BY THE PEOPLE. 

January 5, 1820. 

Sources. 

The constitution of the State of Maine, framed by the 
convention which met at the Court House in Portland, the 
second Monday in October, was adopted by the people of 
the District of Maine, January 5, 1820, and approved by 
the governor of Massachusetts. The record of delibera- 
tions is preserved in " The Journal of the Constitutional 
Convention of the District of Maine," etc. (Augusta, 
1856). According to provisions of the Act of Separation, 
that ordinance was incorporated with the constitution. 
Among important amendments which have since been in;ide 
is the substitution of biennial in place of annual elections. 



154 DOCUMENTS RELATING TO THE 

and the prohiljition of the iiiaiiut'acture and sale of intox- 
icating liquors. 

The constitution was first published in " Laws of the 
State of Maine, to which are pretixed the Constitution of 
the United States, and of the Said State " (Brunswick, 
1821), 21-41 ; and " Laws of the State of Maine passed by 
the Legislature at its session which commenced on 
Wednesday, the thirty-first day of May [1820], ... To 
which is prefixed the Constitution of the State " (Portland, 
1820), pp. VIl.-XXXI.; also by H. Niles, "Weekly 
Register," XIX., 26-36; with amendments. Franklin B. 
Hough, " American Constitutions : Comprising the Consti- 
tutions of each State in the Union and of the United States" 
(Albany, 1872), 1., 509-546 ; also by Ben : Perley Poore, 
"The Federal and State Constitutions, Colonial Charters 
and Other Organic Laws of the United States" (Washing- 
ton, 1877), 788-809. More recent prints are in "The 
Revised Statutes of Maine" (Portland, 1884), 33-53; and 
by G. M. Donham, compiler, in the uumbeis of the " Maine 
Register, State Year-Book and Legislative Manual." 

The text adopted for this re{)rint is that of the " Register." 



Text. 
CONSTITUTION OF MAINE. 

PREAMBLE. 

Objects of We, the people of Maine, in order to establish 

govern- 
ment, justice, insure tranquility, provide for our mutual 

defence, promote our common welfare, and secure to our- 
selves and our [)osterity the blessings of liberty, acknowl- 
edging with grateful hearts the goodness of the Sovereign 
Ruler of the Universe in affording us an opportunity, so 
favorable to the design ; and, imploring his aid and direc- 
tion in its accomplishment, do agree to form ourselves into 
a free and independent State, by the style and title of the 
State of Maine, and do ordain and establish the follow- 
ing Constitution for the government of the same. 



TERRITORIAL HISTORY OF MAINE. 155 

ARTICLE I. 

DECLARATION OF RIGHTS. 



Natural 
rights. 



Section 1. All men are born equally free ^^^ 
and independent, and have certain natural, inher- 
ent, and unalienable rights, among which are those of 
enjoying and defending life and liberty, acquiring, possess- 
ing, and protecting property, and of pursuing and obtaining 
safety and happiness. 

Sec. 2. All power is inherent in the people; .„ 

i I r ' All power 

all free governments are founded in their author- the^peopie!" 
ity and instituted for their benefit ; they have 
therefore an unalienable and indefeasible right to institute 
government, and to alter, reform, or totally change the 
same, when their safety and happiness require it. 

Sec. 3. All men have a natural and unalien- Rengious 
able right to worship Almighty God according to ^'■^'^•^^™- 
the dictates of their own consciences, and no one shall be 
hurt, molested, or restrained in his person, liberty, or 
estate, for worshipping God in the manner and season most 
agreeable to the dictates of his own conscience, nor tor his 
religious professions or sentiments, provided he does not 
disturb the public peace, nor obstruct others in Proviso, 
their religious worship ; — and all persons demeaning them- 
selves peaceably as good members of the State, shall be 
equally under the protection of the laws, and no ^jj ^.^j^ j^^^^ 
subordination nor preference of any one sect or se^^t^^i"*^- 
denomination to another shall ever be established by law, 
nor shall any religious test be required as a qual- Religious 
ification for any office or trust, under this State ; prohibited. 
and all religious societies in this State, whether incorpo- 
rate or unincorporate, shall at all times have the exclusive 
right of electing their public teachers, and contracting with 
them for their support and maintenance. 



156 DOCUMKNTS RELATING TO THK 

Sec. 4. Every citizen may freely speak, 

Freedom of . i i i- i i • j.- i i • i. 

Bpe.ciiand write, and publish his sentiments on any sul)ject, 

publication. . , , . ,. 

being responsible for the abuse ot this lil)erty ; 
no laws shall be passed regulating or restraining the freedom 
of the press ; and in prosecutions for any publication re- 
specting the official conduct of men in public capacity, or 
the qualifications of those who are candidates for the suf- 
frages of the people, or where the matter pub- 
be Kiven'in jishcd is proper for public information, the truth 

evidence. 

thereof may be given in evidence, and in all indict- 
ments for libels, the Jury, after having received the direction 
of the Court, shall have a right to determine, at their dis- 
cretion, the law and the fact. 

Sec. 5. The people shall be secure in their per- 

Unreason- , , • /• ii 

able sons, houses, papers, and possessions, irom all 

searches. 

unreasonable searches and seizures ; and no war- 
rant to search any place, or seize any person or thing, shall 
issue without a special designation of the place to be 
searched, and the person or thing to be seized, nor without 
probable cau.se — supported by oath or affirmation. 
Rigbisof Sec. n. In all criminal prosecutions, the ac- 

accustd. cused shall have a right to be heard l)y himself 
and his counsel, or either, at his election ; 

To demand the nature and cause of the accusation, and 
have a copy thereof; 

To be confronted by the witnesses against him ; 

To have compulsory process for obtaining witnesses in 
his favor ; 

To have a speedy, public, and impartial trial, and, except 
in trials by martial law or impeachment, by a jury of the 
vicinity. He shall not be compelled to furnish or give 
evidence against himself, nor be deprived of his life, lib- 
erty, property, or privileges, but by judgment ot his peers, 
or by the law of the land. 



TERRITORIAL HISTORY OF MAINE. 157 

Sec. 7. No person shall be held to answer 

No persons 

for a capital or infamous crime, unless on a pre- to answer to 

'■ ' "^ a capital or 

sentment or indictment of a grand jury, except crin,'e"bJu oa 
in cases oi impeachment, or ui such cases or 
offtnices as are usually cognizable by a justice of 

' , " Exceptions. 

the peace, or m cases arismg in the army or navy, 

or in the militia when in actual service in time of war or 

public danger. The Legislature shall provide by law a 

suitable and impartial mode of selecting juries Juries. 

and their usual number and unanimity, in indictments and 

convictions, shall be held indispensable. 

Sec. 8. No person, for the same offence, put in jeop- 
ardy twice 
shall be twice put in ieopaidy of life or limb. foi same 

' J I ' offence. 

Sec. 9. Sanguinary laws shall not be passed ; 
all penalties and punishments shall be propor- ifwapi^'^^ 
tioned to the offence ; excessive bail shall not be 
required, nor excessive fines imposed, nor cruel nor unus- 
ual punishments inflicted. 

Sec. 10. No person before conviction shall be paiiabie 
bailable for any of the crimes, which now are or °^'''^^®^- 
have been denominated capital offences since the adoption 
of the Constitution, where the proof is evident Resolve, 

^1 .• *. I t 4.U • 1 Mar. 30,'l837. 

or the presumption great, whatever the punish- 

' ' "^ Amend- 

ment of the crimes may be. And the privilesce °'%"*' 

•- 1 c Art. II. 

of the writ of habeas corpus shall not be sus- Habeas 
pended, unless when in cases of rebellion or 
invasion the public safety may require it. 

Sec. 11. The Leirislature shall pass no bill of 

Bills of at- 

attainder, ex post facto law, nor law impairinor tanubr, &c., 

' 1 o prohibited. 

the obligation of contracts, and no attainder shall 
work corruption of blood nor forfeiture of estate. 

Sec. 12. Treason against this State shall con- Treason, 
sist only in levying war against it, adhering to its enemies, 
giving them aid and comfort. No person shall be convicted 



158 DOCUMENTS RELATING TO THE 

of treason unless on the testimony of two witnesses to tiie 
same overt act, or confession in open court. 

Suspension S^^' ^^- "^^^ '^^^'^ '^'*"'' "^'^ '^® Suspended but 
of laws. ^, ^1^^ Legislature or its authority. 

Corporal ^^^* ^^* ^^ persoH shall be subject to corpo- 

undl^r'mfu-' I'^l punishmeut under military law, except such 
as are employed in the army or navy, or in the 
militia when in actual service in time of war or public danger. 
RiKhtof ^^^- ^^- The people have a right at all times 

petition. jj^ .^j^ orderly and peaceable manner to assemble 
to consult upon the common good, to give instructions to 
their representatives, and to request, of either department 
of the government by petition or remonstrance, redress of 
their wrongs and grievances. 

— to keep Sec. 16. Every citizen has a right to keep 

arms. and bear arms for the common defence ; and this 

right shall never be questioned. 

Sec. 17. No standing army shall be kept up 

standing ar- . o j i r 

{fe'lfe^r*" '" *'"^® ^^^ peace without the consent of the 
Legislature, and the military shall, in all cases, and 
at all times, be in strict subordination to the civil power. 
No soldier Sec. 18. No soldicr shall, in time of peace, 

to be quar- 
tered on cit- be quartered in any house without the consent of 

izensin time ■* "^ 

of peace. ^j^g owncr or occupant, nor in time of war, but in 
a manner to be prescribed by law. 

Sec. 19. Every person, for an injury done 

Right of re- ... 

dress for in- him in his pcrsou, reputation, property, or immu- 
nities, shall have remedy by due course of law ; 
and right and justice shall be administered freely and with- 
out sale, completely and without denial, promptly and 
without delay. 

Sec. 20. In all civil suits, and in all contro- 

Trial by jury. 

versies concerning property, the parties shall have 
a right to a trial by jury, except in cases where it has heretofore 



TERRITORIAL HISTORY OF MAINE. 159 

been otherwise practiced ; the party claiming the right may 

be heard by himself and his counsel, or either, at his election. 

Sec. 21. Private property shall not be taken Privateprop- 

erty not to be 

for public uses without iust compensation; nor taken with- 

^ J 1 ' out just oom- 

unless the public exigencies require it. pensation. 

Sec. 22. No tax or duty shall be imposed Taxes. 
without the consent of the people or of their representatives 
in the Legislature. 

Sec. 23. No title of nobility or hereditary xitiesof 
distinction, privilege, honor, or emolument, shall problbLd. 
ever be granted or confirmed, nor shall anv office Tenure of 

" 'J oflBces 

be created, the appointment to which shall be for ^™"*^*^- 
a longer time than during good behavior. 

Sec. 24. The enumeration ofcertain rights shall other rights 

not impau" nor deny others re tamed by the people, paired. 

ARTICLE II. 

ELECTORS. 

Sec. 1. Every male citizen of the United Qualification 
States of the age of twenty-one years and up- " ^'®*^'^*"'^- 
wards, excepting paupers, persons under guardianship, and 
Indians not taxed, having his residence established in this 
State for the term of three months next preceding any elec- 
tion, shall be an elector for Governor, Senators, and Rep- 
resentatives, in the town or plantation where his residence 
is so established ; and the elections shall be bv 

•^ Written bal- 

written ballot. But persons in the military, na- ^°^- 

val, or marine service of the United States, or se^amlMnu. 

•S service 

this State, shall not be considered as having ob- 
tained such established residence by being stationed in any 
garrison, barrack, or military place, in any town or planta- 
tion ; nor shall the residence of a student at any students at 
seminary of learning entitle him to the right of acidlniet°** 

Resolve IVl&r 

suffrage in the town or plantation where such 24,1864. 



IGO DOCUMENTS RELATING TO THE 

Amend- Seminary is estal)li.siied. No person, however, 
ment, art.x. ^j^.^jj ^^ deemed to i)ave lost ills residence by rea- 
son of his absence from the State in the military service of 
the United States, or of this State. 
Electors ex- Sec. 2. Eloctors shall, in all cases, except 

empt from in, , . . 

arrest on trcason, lelonv, or breach ot the peace, be r)rivi- 

daysufelec- . I ' 1 

tion. leged from arrest on the days of election, during 

their attendance at, going to, and returning therefrom, 
—exempt Sec. 3. No elector shall be obliged to do duty 

from mill- .,.,.. . , .' 

taryiiuty. jn the militia on any day of election, except in 
time of war oi' })ublic danger. 

Time of Sec. 4. The clcction of Governor, Senators, 

election. ^^^^^ Representatives shall be on the second iMon- 
day of Se})tember tinnuidly forever. But citizens of the 
State absent therefrom in the military service of the United 
Citizens who States or of this State, and not in the regular 

may be al- /• i tt • i ^ 

lowedtovote amiy of the United States, beinj:: otherwise quali- 

for K"Veni- '' ' j^ i 

or, &c. f^^jj electors, shall be allowed to vote on Tuesday 

next after the first Monday of November, in the year of our 
Lord one thousand eight hundred and sixty-four, for Gov- 
ernor and Senators, and their votes shall be counted and 
allowed in the same manner, and with the same effect, as if 
given on the second Monday of September in that year. 
And they shall be allowed to vote for Governor, Senators, 
and Re[)resentatives, on the second Monday of September 
annually thci'eafter forever, in the manner herein {)rovi(led. 
On the day of election a poll shall be o})cned at 

Polls, where . 

Bhaii i.e everv place without this State where a rejiiment, 

tipened. - r c » 

Amend- battalion, battery, company, or detachment, ot 

ment, art. x. 

Res.dve, not less than twenty soldiers from the State of 

TLfnp 24 1864 

Maine, may be found or stationed, and every citi- 
zen of said State of the age of twenty-one years, in such 
military service, shall be entitled to vote as aforesaid ; :ind he 
shall be considered as voting in the city, town, plantation, 



TERRITORIAL HISTORY OF MAINE. 161 

and county in this State where he resided when he entered 
the service. The vote shall be taken by reg- yote.how 
iments when it can conveniently be done ; when 
not so convenient, any detachment or part of a regiment, 
not less than twenty in number, and any battery or part 
thereof numbering twenty or more, shall be entitled to vote 
wherever the}'^ may be. The three ranking officers of such 
regiment, battalion, battery, company, or part of either, as 
the case may be, actins: as such on the dav of whoshau 

^ " act as super- 

election, shall be supervisors of elections. If no visors. 

officers, then three non-commissioned officers according to 
their seniority shall be such supervisors. If any officer or 
non-commissioned officer shall neglect or refuse to act, the 
next in rank shall take his place. In case there are no offi- 
cers or non-commissioned officers present, or if they or 
either of them refuse to act, the electors present, not less 
than twenty, may choose, by written ballot, enough of their 
own number, not exceeding three, to fill the vacancies, and 
the persons so chosen shall be supervisors of elections. 
All supervisors shall be first sworn to support the supervisors 

'■ '■ ' shall be 

Constitution of the United States and of this swum. 
State, and faithfully and impartially to perform the duties 
of supervisors of elections. Each is authorized -duties of. 
to administer the necessary oath to the others ; and certifi- 
cates thereof shall be annexed to the lists of votes by them 
to be made and returned into the office of the Secretary of 
State of this State as hereinafter provided. The polls shall 
be opened and closed at such hours as the supervisors, or a 
majority of them shall direct; provided however, Proviso, 
that due notice and sufficient time shall be given for all 
voters in the regiment, battalion, battery, detachment, com- 
pany, or part of either, as the case may be, to 

Certain offi- 

vote. Reijimental and field officers shall be enti- eers, where 

" may vote. 

tied to vote with their respective commands. 
Vol. II. 12 



Ifi2 DOCUMKNTS HKLATING TO THE 

When not in :ictii;il {•oiiiinimd, such officers, .'ind also all 
general and statl" officers, and all surgeons, assistant sur- 
geons, and cha})lains, shall be entitled to vote at any place 
where polls are opened. The supervisors of elec- 

Supervisors 

shall prepare tious shall ])rei)are a ballot box or other suitable 

ballot biixes. ' ' 

Ballots be receptacle for the ballots. Upon one side of 

prepared. 

every ballot shall be printed or written the name 
of the county, and also of the city, town, or plantation of 
this State, in which is the residence of the person proposing 
to vote. Upon the other side shall be the name or names 
of the persons to be voted for, and the office or offices which 
Qnaiifica- hc or thev are intended to till. And before re- 

tion of 

voters. ceiviiig ail}' vote, the supervisors, or a majority of 

them, must be satistied of the age and citizenship of the 
person claiming to vote, and that he has in fact a residence 
in the county, city, town, or plantation which is printed or 
written on the vote offered l)y him. If his right to vote is 
challenged, they may require him to make true answers, 
upon oath, to all interrogatories touching his age, citizen- 
ship, residence, and right to vote, and shall hear any other 
evidence offered by him, or by those who challenge his right. 
They shall keep correct poll-lists of the names of 

Shall keep i -• i • 

correct poll- all })ersons allowed to vote, and or their respec- 
tive places of residence in this State, and also the 
number of the regiment and company or battery to which 
they belong; which lists shall be certified by them, or by a 
majority of them, to be correct, and that such residence is 
in accordance with the indorsement of the residence of each 
voter on his vote. They shall check the name of 
namesof cvcry pci'sou before he is allowed to vote, and the 

voters. 

check-inark shall be plainly made against his name 

— sort.count, 

ami declare on the poll-lists. Thev shall sort, count and 

votes. ' '' 

publicly declare the votes at the head of their 
respective commands on the day of election, unless prevented 



TERRITORIAL HISTORY OF MAINE. 163 

by the public enemy, and in that case as soon thereafter as 
may be ; and on the same day of said declaration they shall 
form a list of the persons voted for, with the number of 
votes for each person against his name, and the office which 
he was intended to fill, and shall sign and seal up such list 
and cause the same, together with the poll-lists —make re- 
aforesaid, to be delivered into the office of the office of sec- 
retory of 
Secretary of State aforesaid, on or before the first state. 

day of December, in the year one thousand eight hundred 
and sixty-four, and on or before the fifteenth day of Novem- 
ber annually thereafter forever. The Legislature 

r> 1 • o 1 T • 1 Adopted by 

oi this State may pass any law additional to the HesoiveMar. 

^ ^ -^ 24, 18&4. 

foregoing provisions, if any shall, in practice, be 

found necessary in order more fully to carry into effect the 

purpose thereof. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Sec. 1. The powers of this government shall powers dis- 
be di voided into three distinct departments, the *'"^"*^''- 
Legislative, Executive, and Judicial. 

Sec. 2. No person or persons, belono-ina: to 

^ '■ '=' *= To be kept 

one ot these departments, shall exercise any of separate. 
the powers properly belonging to either of the ^^^■'^■ 
others, except in the cases herein expressly directed or 
permitted. 

ARTICLE IV.— Part First. 

LEGISLATIVE POWER HOUSE OF REPRESENTATIVES. 

Sec. 1. The legislative power shall be vested Legislative 
in two distinct branches, a House of Representa- **^p*'^™^°*- 
tives, and a Senate, each to have a negative on the other, 
and both to be styled the Legislature of Maine, 
and the style of their acts and laws shall be, " JBe ' ^ '^° 



164 DOCUMENTS RELATING TO THE 

it enacted by the Senate and House of Representatives in 
Legislature assembled." 

Number of Sec. 2. The House of Representatives shall 

ifvesrtxU" consist of one hundred and tilty-one meiiil)ers, to 

^t 151 

be elected by the qualified electors, for one year 
from the day next preceding the annual meeting of the Leoj- 
islature. The Legislature, which shall first be convened 
under this Constitution, shall, on or before the fifteenth day 
of August, in the year of our Lord one thousand eight hun- 
dred and twenty-one, and the Legislature, within every 
subsequent period of at most ten years, and at least five, 
cause the number of the inhabitants of the State to be 
ascertained, exclusive of foreigners not naturalized, and In- 
dians not taxed. The number of representatives 
mem°art. IV. shall, at the Several periods of making such enu- 
Res..ive meration, be fixed and apportioned amonir the 

April 16, 1841. _ ^ ' " 

several counties as near as ma}- be, according to 
the number of inhabitants, having regard to the relative 
increase of population. The number of Representatives 
shall, on said first apportionment, be not less than one hun- 
dred nor more than one hundred and fifty. 

Sec. 3. Each town having fifteen hundred 
Apportion- inhabitants may elect one representative ; each 

ineiit among i • i i i , i i i 

towns. town havmg three thousand seven hundred and 

fifty may elect two; e:ich town having six thou- 
sand seven hundred and fifty may elect three; each town 
having ten thousand five hundred may elect four; each 
town having fifteen thousand may elect five; each town 
having twenty thousand two hundred and fifty may elect 
six ; each town having twenty-six thousand two hundred 
and fifty mny elect si'ven ; but no town shall ever be enti- 
tled to niore than seven Representatives ; and towns and 
plantations duly organized, not having fifteen hundred in- 
habitants, shall be classed, as conveniently as may be, into 



TERRITORIAL HISTORY OP MAINE. 165 

districts containing that number, and so as not to divide 
towns ; and each such district may elect one representative ; 
and, when on this apportionment the number of representa- 
tives shall be two hundred, a different apportionment shall 
take place upon the above principle ; and, in case the fifteen 
hundred shall be too large or too small to apportion all the 
representatives to any county, it shall be so increased or 
diminished as to give the number of representatives accord- 
ing to the above rule and proportion ; and whenever any 
town or towns, plantation or plantations not entitled to 
elect a representative shall determine against a classification 
with any other town or plantation, the Legislature may, at 
each apportionment of representatives, on the application 
of such town or plantation, authorize it to elect a represen- 
tative for such portion of time and such periods, as shall be 
equal to its portion of representation ; and the right of 
representation, so established, shall not be altered until the 
next general apportionment. 

Sec. 4. No person shall be a member of the 

'■ Qualifica- 

House of Representatives, unless he shall, at the Jj.p°|sin* 
commencement of the period for which he is *^'^'^®- 
elected, have been five years a citizen of the United States, 
have arrived at the age of twenty-one years, have geeamend- 
been a resident in this State one year, or from ™®'^*'^''^-^- 
the adoption of this Constitution ; and for the three months 
next preceding the time of his election shall have been, and, 
during the period for which he is elected, shall continue to 
be a resident in the town or district which he represents. 

Sec. 5. The meetings within this State for 
the choice of representatives shall be warned in f^^Jhofce 
due course of law by the selectmen of the several sentiitives. 
towns seven days at least before the election, and seeamend- 

'^ ' ment.art. X. 

the selectmen thereof shall preside impartially at Resoue 
such meetings, receive the votes of all the qualified ' ' 



166 DOCUMKNTS RELATING TO THE 

electors present, sort, count, and declare them in open 
town meetinjjf, and in the presence of the town clerk, who 
shall form a list of the persons voted for, with the number 
of votes for each person ajrainst his name, shall make a fair 
Meetings rccoi'd thereof in the presence of the selectmen 

of ciasseU • . 1 I 

towns. and m open town meeting. And the towns and 

plantations organized by law, belonging to any class herein 
provided, shall hold their meetings at the same time in the 
respective towns and plantations ; and the town and plan- 
tation meetings in such towns and plantations shall be 
notified, held, and regulated, the votes received, sorted, 
counted, and declared in the same manner. And the 
assessors and clerks of plantations shall have all the powers, 
and be subject to all the duties, which selectmen and town 
clerks have, and are subject to by this Constitution. And 
fair copies of the lists of votes shall be attested by the 
selectmen and town clerks of towns, and the assessors of 
plantations, and sealed up in open town and plantation 
meetings ; and the town and plantation clerks respectively 
shall cause the same to be delivered into the secretary's 
office thirty days at least before the first VVednes- 

Liists shall 

be exam- Jay of January annually. And the governor and 

ineil by -^ ^ j e 

ern(fr"and couucil shall cxaminc the returned copies of such 
lists, and also all lists of votes of citizens in the 
military service, returned to the secretary's office, as pro- 
vided in article second, section four, of this Constitu- 
tion ; and, twenty days before the said first Wednesday 
Governor "^ January annually, shall issue a summons to 
cUshaiT such persons as shall appear to be elected by a 

suiiiinon I I- /• 11 1 

persons plurality of all the votes returned, to attend and 

who appear 

'V ^f A take their seats. But all such lists shall be laid 

elected. 

Li.ststobe before the House of Representatives on the first 
the House Wednesday of January annually, and the}'^ shall 

of Repre- 
sentatives, finally determine who are elected. The electors 



TEKRITOKIAL HISTORY OF MAINE. 167 

resident in any city may, at any meeting duly notified for 
the choice of representatives, vote for such representatives 
in their respective ward meetings, and the wardens in said 
wards shall preside impartially at such meetings, receive 
the votes of all (|ualified electors present, sort, Manner of 

electing 

count, and declare them in open ward meetnigs, represen- 

' *■ ^ tatives 

and in the presence of the ward clerk, who shall ^°y*^ji°^}}f/ 

form a list of the persons voted for, with the Iftiel^ 

number of votes for each person against his Amend- 
ment, art. I. 

name, shall make a fair record thereof in the ^^^^^^^ 
presence of the warden, and in open ward meet- Mar. 7,18.34. 
ings ; and a fair copy of this list shall be attested by the 
warden and ward clerk, sealed up in open ward mgeting, 
and delivered to the city clerk within twenty-four hours 
after the close of the polls. And the electors resident in 
any city may, at any meetings duly notified and j^gg^j^^ 
holden for the choice of any other civil officers jviar. 7, 1834. 
for whom they have been required heretofore to ufe^u^"alt. ' 

, /v> ... X.; amend- 

vote in town meeting, vote tor such otfacers in their ingamend- 

^ ment, art. i. 

respective wards, and the same proceedings shall j^gg^j^g 
be had by the warden and ward clerk in each ^^'' ^' ^^^' 
ward, as in the case of votes for representatives. And the 
aldermen of any city shall be in session within twenty-four 
hours after the close of the polls in such meetings, and in 
the presence of the city clerk shall open, examine, and 
compare the copies from the lists of votes given in the 
several wards, of which the city clerk shall make a record, 
and return thereof shall be made into the Secretary of 
State's office in the same manner as selectmen of towns are 
required to do. 

Sec. 6. Whenever the seat of a member shall 
be vacated by death, resignation, or otherwise, tobetiiied. 
the vacancy may be filled by a new election. 



168 DOCUMKNTS KKLATINU TO TlIK 

House to Skc. 7. The House of Rcpiesciitatives shall 

choose its 1111 

own otticers. choosc their speaker, clerk, and other ofhcers. 
Power of Sec. 8. The House of Representatives shall 

impeacb- 

ment. have the sole power of iiupeachment. 

ARTICLE IV.— Part Second. 

SENATE. 

Sec. 1. The Senate shall consist of not less 
consist of than twenty, nor more than thirty-one members, 



thai)2o,nor elcctccl at the same time, and for the same term, 

more than ' ' 



not kss 

tha 

mo; 

^^' as the representatives, by the qualified electors of 

the districts into which the State shall from time to time be 
divided. 

Sec. 2. The Legislature, which shall be first convened 
under this Constitution, shall, on or before the 

state to be 

districted fifteenth day of Auijust, in the year of our Lord 

once in ten '' c ' J 

years. ^^^^^ thousaud eight hundred and twenty-one, and 

the Legislature at every subsequent period of ten years, 
cause the State to be divided into districts for the choice of 
Districts, scuators. The districts shall conform, as near as 

how to be 

formed. may be, to county lines, and be apportioned 

according to the number of inhabitants. The nuniber of 
senators shall not exceed twenty at the first apportionment, 
and shall at each apportionment be increased, until they 
shall amount to thirty-one, according to the increase in the 
House of Representatives. 

Sec. 3. The meetings within this State for the 
^olce'of'"'^ election of senators shall be notified, held, and 
senators. regulated, and the votes received, sorted, counted, 

Amend- i i • i 

ment, art. X. declared, and recorded, m the same nianner as 
Mar°'24?i864. thosc for representatives. And fair copies of the 
list of votes shall be attested by the selectmen 
and town clerks of towns, and the assessors and clerks of 
plantations, and sealed up in open town and plantation 



TERRITORIAL HISTORY OF MAINE. 169 

meetings ; and the town and plantation clerks respectively 
shall cause the same to be delivered into the secretary's 
office thirty days at least before the first Wednesday of 
January. All other qualified electors, living in 

I • 111111 -II Electors in 

places unincorporated, who shall be assessed to unincorpo- 
rated places. 

the support of the government by the assessors of 
an adjacent town, shall have the privilege of voting for sen- 
ators, representatives, and governor in such town ; and shall 
be notified by the selectmen thereof for that purpose 
accordingly. 

Sec. 4. The Governor and Council shall, as 

Votes to be 

soon as may be, examine the returned copies of thegJver'lor 
such lists, and also the list of votes of citizens in ^^'^ *^°'^°'=*'- 

Araend- 

the military service, returned into the secretary's "lent, art.x. 

RcsolvG 

office, and twenty days before the said first Mar. 24, i864. 
Wednesday of January, issue a summons to such R™o"ve..f'^ 

1 11 1 1 T 1 , Feb. 24, 1876. 

persons, as shall appear to be elected by a plu- 
rality of the votes for each district, to attend that day and 
take their seats. 

Sec. 5. The Senate shall, on the said first senate to de- 
Wednesday of January, annually, determine who eiectlonVf ^ 

1 11 11' f "^ 1 its members. 

are elected by a plurality of votes to be senators 

in each district; and in case the full number of senators to 

be elected from each district shall not have been so elected, 

the members of the House of Representatives and ^^^ ^ ^^ 

such senators, as shall have been elected, shall, ^est.ifer*'' 

from the highest numbers of the persons voted for, '^ • • 

on said lists, equal to twice the number of senators deficient, 

in every district, if there be so many voted for, elect by 

joint ballot the number of senators required ; and in this 

manner all vacancies in the Senate shall be supplied as soon 

as may be, after such vacancies happen. 

Sec. 6. The senators shall be twenty-five Qualifica- 
tions of 
years ot age at the commencement of the term, senators. 



170 DOCUMENTS RELATING TO THE 

for which they are elected, and in all other respects their 
qualitications shall be the same as those of the repre- 
sentatives. 
Senate totry Sec. 7. The Senate shall have the sole power 

impeach- 

u'«^nt. to try all impeachments, and when sitting for that 

purpose shall be on oath or affirmation, and no person shall 
be convicted without the concurrence of two-thirds of the 
Limiution members present. Their judgment, however, 

ofjmtg. ^ JO' 

ment. shall uot cxtcnd further than to removal from 

office, and disqualification to hold or enjoy any office of 
honor, trust, or profit under this State. But the party, 
tobetrfed'^ whether convicted or acquitted, shall nevertheless 
fshed"" be liable to indictment, trial, judgment, and pun- 
ishment according to law. 
Senate tj Sec. 8. The Senate shall choose their presi- 

cboose its 

officers. dent, secretary, and other officers. 



ARTICLE IV.— Part Third. 

legislative power. 

Legislature Seg. 1. The Legislature shall convene on the 
annlfa'iiy first Wednesday of January annually, and shall 
-Its powers, \y^y^, f^n po^ycr to make and establish all reason- 
able laws and rejjulations for the defence and benefit of the 
people of this State, not repugnant to this Constitution, nor 
to that of the United States. 

Sec. 2. Every bill or resolution having the 
signed bythe forcc of law, to which the concurrence of both 

governor. 

houses may be necessary, except on a question of 
adjournment, which shall have passed l)oth houses, shall be 
presented to the governor, and if he approve, he shall sign 
it ; it not, he shall return it with his objections to the house, 
in which it shall have originated, which shall enter the 
objections at large on its journals, and proceed to reconsider 



TERRITORIAL HISTORY OF MAINE. 171 

it. If after such reconsideration, two-thirds of 

that house shall agree to pass it, it shall be sent in case he^* 

• 1 1 ^ 1 • disapprove. 

together with the objections, to the other house, 
by which it shall be reconsidered, and, if approved by two- 
thirds of that house, it shall have the same effect, as if it 
had been signed by the governor; but in all such cases, the 
votes of both houses shall be taken by yeas and nays, and 
the names of the persons, voting for and against the bill or 
resolution, shall be entered on the journals of both houses 
respectively. If the bill or resolution shall not ^ingtobe 
be returned by the governor within five days hlminmre^ 
(Sundays excepted), after it shall have been pre- 
sented to him, it shall have the same force and effect, as if 
he had signed it, unless the Legislature, by their adjourn- 
ment, prevent its return, in which case it shall have such 
force and effect, unless returned within three days after 
their next meeting. 

Sec. 3. Each house shall be the iudge of the 

Each house 

elections and qualifications of its own members, tojudgeof 

^ election. 

and a majority shall constitute a quorum to do ^if^rum!* 
business ; but a smaller number may adjourn from 
day to day, and may compel the attendance of absent mem- 
bers, in such manner, and under such penalties as each 
house shall provide. 

Sec. 4. Each house may determine the rules 

i? -L J- • I. -i. u i" T Maypunish 

01 its proceedings, punish its members tor dis- andexpei 

members. 

orderly behavior, and, with the concurrence of 
two-thirds, expel a member, but not a second time for the 
same cause. 

Sec. 5. Each house shall keep a journal, and 
from time to time publish its proceedings, except Tokeepa 
such parts as in their judgment may require 
secrecy; and the yeas and nays of the members Yeas&xays. 
of either house on any question, shall, at the 



172 DOGUMKNTS UKLATING TO THE 

desire of one-fifth of those present, be entered on the journals. 
May punish Skc. (J. Eiich house, during its session, may 

lor con- ^ " 

tempt. punisl) by imprisonment any person, not a mem- 

ber, for disrespectful or disorderly behavior in its presence, 
for obstructinii any of its proceedinjrs, thteatening, assault- 
ing, or abusing any of its members for anything said, done, 
Proviso. or doing in either house ; provided, that no im- 
prisonment shall extend l)eyond the period of the same 
session, 
compensa- Sec. 7. The senators and representatives shall 

tionof mem- . i n i i i- i i 

bers. receive such compensation, as shall l)e established 

by law ; but no law increasing their compensation shall take 
effect during the existence of the Legislature which enacted 
Traveiiin.- '^- "^^^^ cxpcnscs ofthe Ilouse of Representatives 
expenses. -^^ travelling to the Legislature and returning 
therefrom, once in each session and no more, shall be paid 
by the State out of the public treasury to every member, 
who shall seasonably attend, in the judgment of the house, 
and does not depart therefrom without leave. 

Sec. 8. The senators and representatives 
emptfrom shall, in all cases except treason, felony, or breach 

arrest. 

of the peace, be privileged from arrest during their 
attendance at, going to, and returning from each session of 
Freedomof the Legislature ; and no member shall be liable 
debate. ^^^ answer for anything spoken in debate in either 

house, in any court or place elsewhere. 

Skc. 9. Bills, orders, or resolutions, may 

Either house 

mayori.'i. orijjinate in either house, and mav be altered, 

nate bills. f^ •> ^ ■> 

amended, or reiected in the other ; but all bills 

Revenue ' «' 

bills. ^^jj. jjii^ii^o- ji revenue shall orijiinate in the House 

of Representatives, but the Senate may propose amend- 
proviso. ments as in other cases ; provided, that the}' shall 
not, under color of amendment, introduce any new matter, 
which does not relate to raising a revenue. 



TERRITORIAL HISTORY OF MAINE. 173 

Skc. 10. No senator or representative shall, 

during the term for which he shall have been t..he ap- 
pointed to 
elected, be appointed to any civil office of profit t^tnuiuof- 

under this State, which shall have been created, 

or the emoluments of which increased during such term, 

except such offices as may be filled by elections by the 

people, provided, that this prohibition shall not proviso. 

extend to the members of the first Legislature. 

Sec. 11. No member of Congress, nor person 

Persons diS" 

holdino; any office under the United States (post- quaiitie.i to 

"^ ^ be members. 

officers excepted), nor office of profit under this 
State, justices of the peace, notaries public, coroners, and 
officers of the militia excepted, shall have a seat in either 
house during his being such member of Congre!?s, or his 
continuing in such office. 

Sec. 12. Neither house shall, during the ses- ^djourn- 
sion, without the consent of the other, adjourn "^'^"*^- 
for more than two days, nor to any other place than that 
in which the house shall be sitting. 

Sec. 13. The Legislature shall, from time to gpeciaiieg- 
time, provide, as far as practicable, by general Ke-oT^eof 

, /• 11 11 ' ■ . *"eb. 24, 1S76. 

laws, for all matters usually appertainmg to 

special or private legislation. 

Skc. 14. Corporations shall be formed under 

Corpora- 
general laws, and shall not be created by sv)ecial tionsexcept 

acts of the Legislature, except for municipal pur- }',f,8^s,"t'o be 

poses, and in cases where the objects of the cor- dergeneiai 

poration cannot otherwise be attained; and, Resoueot 

' ' ' Feb. 24, 1«;5. 

however formed, they shall forever be subject to 
the general laws of the State. 

Sec. 15. The Legislature shall, by a two- constitu- 
thirds concurrent vote of both branches, have the venfions"" 

• • 1 • /• 1 Receive of 

power to call constitutional conventions, for the Keb. 24,i876. 

^ ' See art. x., 

purpose of amending this constitution. a^ci. 



Governor. 



—elected for 
one year. 



174 DOCUMP^NTS RELATING TO THE 

ARTICLE V. — Part First. 

EXECUTIVE POWERS. 

Sec. 1. The supreme executive power in this 
State shall be vested in a Governor. 

Sec. 2. The Governor shall be elected by the 
qualified electors, and shall hold his office one 
year from the first Wednesday of January in each year. 

Sec. 3. The meetinijs for election of Gov- 

Meetingsfor '' 

choice of ernor shall l)e notified, held, and resrulated, and 

yovernor. ' o ' 

votes shall be received, sorted, counted, declared, 
and recorded, in the same manner as those for senators and 

representatives. They shall be sealed and re- 
returned to turned into the Secretary's office in the same 

Secretary 

of state. manner, and at the same time as those for sen- 
mTnt°art. X. ators. And the Secretary of State for the time 
Resolve, beino- shall, on the first Wednesday of January, 

Mar. 24, 1864. '~ 

then next, lay the lists before the Senate and House 
of Representatives, and also the lists of votes of citizens in 
the military service returned into the Secretary's office, to 
be by them examined, and, in case of a choice by a majority 

of all the votes returned, they shall declare and 

Provisions 

in case there publish the Same. But if no person shall have a 

IS no choice, i ' 

majority of votes, the House of Representatives 
shall, by ballot, from the [)er.«ons havini^ the four highest 
numbers of votes on the lists, if so many there be, elect two 
persons and make return of their names to the Senate, of 
whom the Senate shall, by ballot, elect one, who shall be 
declared the Governor. 
Quaiiflca- Sec. 4. The Governor shall, at the commence- 

tions of gov- 

ernor. meut of his term, be not less than thirty years of 

age ; a natural born citizen of the United States, have been 
five years, or from the adoption of this Constitution, a resi- 
dent of the State ; and at the time of his election and during 
the term for which he is elected, be a resident of said State. 



TERRITORIAL HISTORY OF MAINE. 175 

Sec. 5. No person holding any office or i)lace oisquaiifi- 
under the United States, this State, or any other 
power, shall exercise the office of Governor. 

Sec. 6. The Governor shall at stated times, ^ 

Compensa- 

receive for his services a compensation, which *'"'*• 
shall not be increased or diminished during his continuance 
in office. 

Sec. 7. He shall be commander-in-chief of 
the army and navy of the State and or the militia, in-chief of 

'' •^ the mihtia. 

except when called into the actual service of the N„ttomarch 

United States; but he shall not march nor con- outJJf'thf 

vey any of the citizens out of the State, without 

their consent or that of the Legislature, unless it shall 

become necessary, in order to march or transport them 

from one part of the State to another for the defence 

thereof. 

Sec. 8. He shall nominate, and, with the 
advice and consent of the council, appoint all ^'the^coun^- 

T . , ^ J i. • ui* cil to appoint 

judicial officers, coroners, and notaries public ; officers. 
and he shall also nominate, and with the advice 

Amendment, 

and consent of the council, appoint all other toj^Jof M^r! 

civil and military officers, whose appointment is 

not bv this Constitution, or shall not bylaw be Resolve of 

•^ ' '' ^ Feb. 24, 1876. 

otherwise provided for ; and every such nomina- 
tion shall be made seven days, at least, prior to such 
appointment. 

Sec. 9. He shall from time to time give the to give in- 
Legislature information of the condition of the andrecom- 

. mend meas- 

State, and recommend to their consideration such "res. 
measures as he may judge expedient. 

Sec. 10. He may require information from 

'' ^ May require 

any military officer or any officer in the executive o^any°offi^" 
department, upon any subject relating to the 
duties of their respective offices. 



any 
cer. 



176 DOCUMENTS RELATING TO THE 

Power of Sec. 11. He shall have power, with the 

faTdolwintT advice and consent of the council, to remit, after 

reinil peual- . . n /• ,• ■ i • 

ticB.&c. conviction, all lorteiturcs and penalties, and to 
grant reprieves, commutations, and pardons, except in cases 
of impeachment, upon such conditions, and with such 
restrictions and limitations, as may he deemed proper, sub- 
„ . , iect to such rcijulations as may be provided by 

Kesolve of J ~ j i j 

Keb. '24, 1875. J;, ^y, relative to the manner of applying for par- 
dons. And he shall communicate to the Legislature at 
each session thereof, each case of reprieve, remission of 
penalty, commutation, or pardon granted, stating the name 
of the convict, the crime of which he was convicted, the 
sentence and its date, the date of the reprieve, remission, 
comn)utation, or pardon, and the conditions, if any, upon 
which the same was granted. 

Sec. 12. He shall take care that the laws be 

To rn force 

the laws. faithfully executed. 

Si:c. 13. He m:iy, on extraordinary occa- 
1\^^\^^\t^^. sions, convene the Legislature; and in case of 
traordinary disagreement between the two houses with 

Occasions '~ 

and adjourn respcct to the time of adjournment, adiourn them 

it 111 case of * •' 'J 

menu'^*^^ to sucli time as he shall think proper, not beyond 
the day of the next annual meeting; and if, since 

May Chan pe ' it- 

the place of the last adiournment, the r)lace where the Leiiis- 

meeling. ** ' *- 

tuie were next to convene shall have become dan- 
gerous from an enemy or contagious sickness, may direct 
the session to be held at some other convenient place within 
the State. 
Vacancy, Skc. 14. Whenever the oflSce of Govcmor shall 

how 8iip- 

piied. become vacant by death, resignation, removal 

from office or otherwise, the president of the Senate shall 
exercise the office of Governor until another Governor shall 
be duly qualified; and in case of the death, resignation, 
removal from office or disqualiHcation of the president of 



TERRITOKIAL HISTORY OF MAINE. 177 

the Senate so exercising the office of Governor, the speaker 
of the House of Representatives shall exercise the office, 
until a president of the Senate shall have been chosen ; and 
when the office of Governor, president of the -Senate, and 
speaker of the House shall become vacant, in the recess of 
the Senate, the person acting as Secretary of State for the 
time being, shall b}' proclamation convene the Senate, that 
a president may be chosen to exercise the office of Gover- 
nor. And wbenever either the president of the Senate or 
speaker of the House shall so exercise said office, he shall 
receive only the compensation of Governor, but his duties 
as president or speaker shall be suspended; and the Senate 
or House shall fill the vacancy until his duties as Governor 
shall cease. 

ARTICLE v.— Part Second. 
COUNCIL. 

Sec. 1. There shall be a Council, to consist 

r- J.I TT -i 1 Oi X Council to 

of seven persons. Citizens ot the United otates, consist of 

seven. 

and residents of this State, to advise the Gover- 
nor in the executive part of government, whom the Gover- 
nor shall have full power, at his discretion to assemble; 
and he with the Councillors, or a majority of them, may 
from time to time, hold and keep a council, for ordering 
and directing the affiiirs of State, according to law. 

Sec. 2. The Councillors shall be chosen council, how 
annually, on the first Wednesday of January, by *^^°^*^"- 
joint ballot of the senators and representatives in conven- 
tion ; and vacancies, which shall afterwards happen, shall 
be filled in the same manner ; but not more than one Coun- 
cillor shall be elected from any district, prescribed for the 
election of senators ; and they shall be privileged _priviieged 
from arrest in the same manner as senators and '°™ ^"^* * 
representatives. 

Vol. II. 13 



178 DOCUMENTS RELATING TO THE 

Journal to 'S^^' ^' TliG rcsolutions and udvicG of Coun- 

the'irpro-^ cil, shtiU 1)0 recoi'dcd in a register, and signed by 

the members agreemg thereto, whicii may be 
called for by either house of the Legislature ; and any 
Councillor may enter his dissent to the resolution of the 
majority. 

Persons (lis- Sec. 4. No member of Congress, or of the 
2e councn" Legislature of this State, nor any person holding 

any office under the United States (post-officers 
excepted), nor any civil officers under this State (justice8 
of the peace and notaries public excepted), shall be Coun- 
Nottobeap- cillors. And no Councillor shall be appointed to 

pointeil to 

any office. any office during the time for which he shall have 
been elected. 

ARTICLE V. — Part Third. 
SECRETARY. 

Secretary Sbc. 1. The Secretary of State shall be 

how chosen. (.j^Qggjj annually at the first session of the Legis- 
lature, by joint ballot of the senators and representatives in 
convention. 

T^coralof^^ Sec. 2. The records of the State shall be kept 
thesute. in the officc of the Secretary, who may appoint 

— may ap- "^ ' j i i 

pojnt depu. jjjg deputies, for whose conduct he shall be 

accountable. 

Toattendthe Sec. 3. He shall attend the Governor and 

governor 

and council. Council, Senate, and House of Representatives, 
in person or by his deputies, as they shall respectively 
require. 

Sec. 4. He shall carefully keep and preserve 

To preserve 

the records thc records of all the official acts and proceedings 

oftheexecu- '■ "- 

is^a'tiv'e'dlf-*^ of the Governor and Council, Senate, and House 
partments. of Representatives, and, when required, lay the 



TEKKITORIAL HISTORY OF MAINE. 179 

same before either branch of the Legislature, and perform 
such other duties as are enjoined by this Constitution, or 
shall be required by law. 

ARTICLE V. — Part Fourth. 

TREASURER. 

Sec. 1. The Treasurer shall be chosen annu- ^ 

Treasurer, 

ally, at the first session of the Legislature, by ^fi^jbfe^^"' 
joint ballot of the senators and representatives in succeltweiy 
convention, but shall not be eligible more than 
five years successively. 

Sec. 2. The Treasurer shall, before entering Togive 
on the duties of his office, give bond to the State, 
with sureties, to the satisfaction of the Legislature, for the 
faithful discharge of his trust. 

Sec. 3. The Treasurer shall not, during his 

Not to en- 

continuance in office, engage in any business of ffsf^l" 
trade or commerce, or as a broker, nor as an 
agent or factor for any merchant or trader. 

Sec. 4. No money shall be drawn from the 

11 . p ii /^ , No money to 

treasury, but by warrant trom the Cjovernor and bedrawnbut 

•J ■^ . . t>y warrant.. 

Council, and in consequence of appropriations 

made by law; and a regular statement and ac- rec*ejpt's and 

1 T /»iiiT expendi- ,« 

count of the receipts and expenditures ot all public tures to be j 

'' published. 

money, shall be published at the commencement 
of the annual session of the Legislature, 

ARTICLE VI. 

judicial power. 

Sec. 1. The judicial power of this State shall supreme 

and other 

be vested in a Supreme Judicial Court, and such courts. 
other courts as the Legislature shall from time to time 
establish. 



180 DOCUMENTS KKLATING TO THE 

compensa- Sec. 2. The justiccs of the Supreme Judicial 

tices'^ot'' s^ J. Court shall, at stated times receive a compensa- 
tion, which shall not be diminished during their 
continuance in office, but they shall receive no other fee or 
reward. 

Sec. 3. They shall be obli<jed to give their 

To give their ^ c 

opinion Opinion upon important questions of law, and 
e/thei^^^ upon solemn occasions, when required by the 
the'gijvern- Govemor, Couucil, Senate, or House of Repre- 

meut. 

sentatives. 
Tenure of Sec. 4. All judicial officcrs now in office or 

judicial 

offices. who may be hereafter appointed shall, from and 

after the first day of March in the year eighteen hundred 
Amend- aud forty, hold their offices for the term of seven 

ment.art. "^ 

"'• years fiom the time of their respective aj^point- 

Uesolve of ^ / i i i • i ^ 

Mar. 14, 1839. ments (unless sooner removed by impeachment 
or by address of both branches of the Legislature to the 
Executive), and no longer unless reappointed thereto. 

Sec. 5. Justices of the peace and notaries 

Justices of '■ 

and mftaries public shall hold their offices during seven years, 
public. if they so long behave themselves well, at the ex- 

piration of which term, they may be reappointed or others 
appointed, as the public interest may require. 
Justices of Sec. 6. The iiistices of the Supreme Judicial 

the supreme 

^"''*»'?' v,.i,i Court shall hold no office under the United States, 

court to hold ' 

office!*" "(>r a'ly State, nor any other office under this 
State, except that of justice of the peace. 

Sec. 7. Jud<res and registers of probate shall 

Judges and cot 

pmba^!?"^ be elected by the people of their respective 
tenur^eoT countics, by a plurality of the votes given in at 
the annual election, on the second Monday of 
September, and shall hold their offices for four years com- 
mencing on the first day of January next after their 
election. Vacancies occurring in said offices by death. 



TERRITORIAL HISTORY OF MAINE. 181 

resignation, or otherwise, shall be filled by election vacancies, 

in manner aforesaid, at the September election 

next after their occurrence ; and in the meantime, Amend- 

ment, art. 

the Governor, with the advice and consent of the Regoi^eof 
Council, may fill said vacancies by appointment, *^*'"" ' 
and the persons so appointed shall hold their oflSces until 
the first day of January thereafter. 

Sec. 8. Judges of municipal and police courts 

° '^ '^ Judges of 

shall be appointed by the executive power, in ^^'^J^J^^j^i'l^i 

the same manner as other judicial officers, and po"ntme^t 
shall hold their offices for the term of four years ; 

provided, however, that the present incumbents Resolve of 

' , . , , Feb. 24, 1876. 

shall hold their offices for the term for which they 
are elected. 

ARTICLE VII. 

MILITARY. 

Sec. 1. The captains and subalterns of the officers, by 

whom elec- 

militia shall be elected by the written votes of ted. 
the members of their respective companies. The field offi- 
cers of regiments by the written votes of the captains and 
subalterns of their respective regiments. The brigadier 
generals in like manner, by the field officers of their respec- 
tive brigades. 

Sec. 2. The Legislature shall, by law, direct 

^ -' Manner of 

the manner of notifying the electors, conducting fn'"^"eg; 
the elections, and making returns to the Gover- ^^"'^^' 
nor of the officers elected ; and, if the electors shall neglect 
or refuse to make such elections, after being duly notified 
according to law, the Governor shall appoint suitable per- 
sons to fill such offices. 

Sec. 3. The major generals shall be elected San^' 
by the Senate and House of Representatives, genenus, 

. . how elec- 

each having a negative on the other. The ted. 



182 DOCUMENTS KELATING TO THE 

adjutant general and quartermaster f^eneral shall he chosen 
annually by joint ballot of the senators and representatives 
in convention. But the adjutant general shall perforin the 
duties of quartermaster general, until otherwise directed by 
staff officers, ''i^- The major generals and brigadier generals, 
^owappom ^^^^ ^1^^ commanding officers of regiments and 

Amendment, , . 

art. IX. battalions, shall appomt their respective stan 

Resolve of » i i i 

Mar. 17, 1855. officers; and all military officers shall be com- 

naissioned by the Governor. 

organiza- Sec. 4. The militia, as divided into divisions, 

tion of the , • i . i i • i 

militia. brigades, regiments, battalions, and companies 

pursuant to the laws now in force, shall remain so organ- 
ized, until the same shall be altered by the Legislature. 

Sec. 5. Persons of the denominations of 

Who may 

from nuii-^"^ quakci's and shakers, justices of the Supreme 
taryduty. Judicial Court, and ministers of the gospel, may 
be exempted from military duty ; but no other person of 
the age of eighteen and under the age of forty-five years, 
excepting officers of the militia who have been honorably 
discharged, shall be so exempted, unless he shall pay an 
equivalent to be fixed by law. 

ARTICLE VIII. 

LITERATURE. 

Legisia- A general diftusion of the advantages of educa- 

ture to re- , . • c > 

quire towns tiou bcino; esscntial to the preservation of the 

to sui)port C3 I 

schoou. rights and liberties of the peo[)le ; to promote this 

important object, the Legislature are authorized, and it shall 
be their duty, to require the several towns to make suitable 
provision, at their own expense, for the support and main- 
tenance of public .schools ; and it shall further be their duty 
to encourage and suitably endow, from time to time, as the 
Shall endow circumstauccs of the people may authorize, all 

colleges and * ^ '' 

Provuo!^^" academies, colleges, and seminaries of learning 



TERRITORIAL HISTORY OF MAINE. 183 

within the State ; provided, that no donation, grant, or 
endowment shall at any time be made by the Legis- 
lature to any literary institution now established, or which 
may hereafter be established, unless, at the time of making 
such endowment, the Legislature of the State shall have 
the right to grant any further powers to alter, limit, or 
restrain any of the powers, vested in any such literary 
institution, as shall be judged necessary to promote the best 
interests thereof. 

ARTICLE IX. 

GENERAL PROVISIONS. 

Sec. 1. Every person elected or appointed to oathand 

„ .,,.,. subscrip- 

either of the places or offices provided m this tion. 
Constitution, and every person elected, appointed, or com- 
missioned to any judicial, executive, militaiy, or other office 
under this State, shall, before he enter on the discharge of 
the duties of his place or office, take and subscribe the fol- 

lowins: oath or affirmation : " I do swear, that I will 

support the Constitution of the United States, and- of this 
State, so long as I shall continue a citizen thereof. So 
help me God." 

" I do swear, that I will faithfull}^ discharge, to the 

best of my abilities, the duties incumbent on me as 

according to the Constitution and laws of the State. So 
help me God." Provided that an affirmation in the above 
forms may be substituted, when the person shall be consci- 
entiously scrupulous of taking and subscribing an oath. 

The oaths and affirmations shall be taken and Before 

whom to 

subscribed by the Governor and Councillors be- betaken. 
tore the presiding officer of the Senate, in the presence of 
both houses of the Legislature, and by the senators and 
representatives before the Governor and Council, and by 



184 DOCUMENTS RELATING TO THE 

the residue of said officers, before such persons as shall be 
prescribed by the Legislature ; and Avhenever the Governor 
or any Councillor shall not be al)le to attend during the 
session of the Legislature to take and subscribe said oaths 
or affirmations, said oaths or affirmations may be taken and 
subscribed in the recess of the Legislature before any jus- 
tice of the Supreme Judicial Court ; provided, 

Proviso. 

that the senators and representatives, first elected 
under this Constitution, shall take and subscribe such oaths 
or affirmations before the president of the convention. 

Sec. 2. No person holding the otfice of jus- 
officpsthat ti(.p Qj- j.\^Q Supreme Judicial Court, or of any 
eacb'otblr!^ inferior court, attorney general, county attorney, 

treasurer of the State, adjutant general, judge of 
probate, register of probate, register of deeds, sheriffs, or 
their deputies, clerks of the judicial courts, shall be a mem- 
ber of the Legislature ; and any person holding either of 
the foregoing offices, elected to, and accepting a seat in the 
Congress of the United States, shall thereby vacate said 
office ; and no person shall be capable of holding or exer- 
cising at the same time within this State, more than one of 
the offices before mentioned. 

commis- ^''^^- ^' -^'' commissions shall be in the name 

sions. ^jj. j^j^g State, signed by the Governor, attested by 

the secretar}' or his deputy, and have the seal of the State 
thereto affixed. 

Elections on S^*^' '^- -^^^^ ^" ^^^^ ^^^® clcctions required 
Wednesday by this Constitutiou on the first Wednesday of 
mavbeka- January annually, by the two houses of the Leg- 

journed from .j ^ ^ >~> 

day to day. jslaturc, shall not be completed on that day, the 
same may be adjourned from day to day, until completed, in 
the following order: the vacancies in the Senate shall first 
be filled; the Governor shall then be elected, if there be no 



TERRITORIAL HISTORY OF MAINE. 185 

choice by the people ; and afterwards the two houses shall 
elect the council. 

Sec. 5. Every person holding any civil office 

, . o, . 1 , • 1 Every civil 

under this State, ma v oe removed by impeach- otucermay 

' *' "^ "^ be removed 

ment, for misdemeanor in office ; and every per- |iieJ,"'JJr*°^' 
son holding any office, may be removed by the *'^'^'^®*^- 
Governor, with the advice of the Council, on the address of 
both branches of the Legislature. But before such address 
shall pass either house, the causes of removal shall be 
stated, and entered on the journal of the house in which it 
originated, and a copy thereof served on the person in 
office, that he may be admitted to a hearing in his defence. 

Sec. 6. The tenure of all offices, which are Tenure of 
not or shall not be otherwise provided for, shall 
be during the pleasure of the Governor and Council. 

Sec. 7. While the public expenses shall be valuation, 
assessed on polls and estates, a general valuation shall be 
taken at least once in ten years. 

Sec, 8. All taxes upon real and personal Real and 

personal es- 

estate, assessed by authority of this Stale, shall ^^^^[^(I'cord 
be apportioned and assessed equally, according to Vaiue'/*Re- 

., . ^ , ., /. solve of Feb. 

the just value thereor. 24,1875. 

Sec. 9. The Legislature shall never, in any Resolve of 
manner, suspend or surrender the power of taxa- Taxation. 
tion. 

Sec. 10. Sheriffs shall be elected by the peo- sheriffs, how 
pie of their respective counties, by a plurality of fenuV^eof^^ 
the votes given in on the second Monday of Sep- 
tember, and shall hold their offices for two years, from the 
first day of January next after their election. 
Vacancies shall be filled in the same manner as is m™u?art.ix. 
provided in the case of judges and registers of Mar^n^isss. 
probate. 



186 DOCUMENTS RELATING TO THE 

Sec. 11. The attorney genenil shall be chosen 
generaUlow uiinuully by joiiit btillot of the senators and repre- 

electfd. . , , . -, . . , 

Vacancy, sentativBS lu the convention. Vacancy in said 

how filled. *' 

AmeiMi- oflSce, occuirinoj when the Legislature is not in 

ment.art. ix. ' o n 

Marcin?!'' session, may be filled by the appointment of the 
24,1875. ' Governor with the advice and consent of the 

Council. 
Citizens who §^0. 12. But citizcns of this State absent 

may be al- 

v'o^e'fo? therefrom in the military service of the United 
cers States or of this State, and not in the regular 

army of the United States, being otherwise qualified elec- 
tors, shall be allowed to vote for judges and reg- 
m™nt!^art. X. istcrs of probatc, sherifl's, and all other county 
Mar'.' 24^ 1864. officcrs ou the Tuesday next after the first Mon- 
day in November, in the year one thousand eight 
hundred and sixty-four, and their votes shall be counted 
and allowed in the same manner and with the same effect as 
if given on the second Monday of September in that year. 
And they shall be allowed to vote for all such officers on 
the second Monday in September annually thereafter for- 
ever. And the votes shall be given at the same time and 
in the same manner, and the names of the several candidates 
shall be printed or written on the same ballots with those 
for Governor, senators, and representatives, as provided in 
section four, article second of this Constitution. 

Sec. 13. The Legislature may enact laws ex- 
Bribery at eluding from the right of suffrage, for a term not 

elections. " ^ o ' 

Feb. ''24*^ 1875. exceeding ten years, all persons convicted of 
bribery at any election, or of voting at any elec- 
tion, under the influence of a bribe. 

Sec. 14. The credit of the State shall not be 
Credit of dircctly or indirectly loaned in any case. The 

state not to 

be loaned. Legislature shall not create any debt or debts, 



TERRITOKIAL HISTORY OF MAINE. 187 

liability or liabilities, on behalf of the State, ^t'a^fe^de'b?' 
which shall singly, or in the aggregate, with pre- '"' "" 

... -, Amend- 

vious debts and liabilities hereafter incurred at ment.art.vi. 

Resolve of 

any one time, exceed three hundred thousand ■^^^y ^c, 1847. 
dollars, except to suppress insurrection, to repel Exceptions, 
invasion, or for purposes of war ; but this amend- 
ment shall not be construed to refer to any money that has 
been, or may be deposited with this State by the govern- 
ment of the United States, or to any fund which the State 
shall hold in trust for any Indian tribe. 

Sec. 15. The State is authorized to issue state to is- 
sue bonds 

bonds payable within twenty-one years, at a rate j,"Pf^'™^°ai 
of interest not exceeding six per cent, a year, ^^^debt. 
payable semi-annually, which bonds or their proceeds shall 
be devoted solely towards the reimbursement of the expen- 
ditures incurred by the cities, towns, and planta- j^^^^^, 
tions of the State for war purposes during the Rls^oi've*^ of ^' 

/> 11 . 1 • T-. 1 • Mar. 7, 1868. 

rebellion, upon the following basis : Lach city, 

' ^ Basis of pay- 

town, and plantation shall receive from the State ™ent. 

one hundred dollars for every man furnished for the mili- 
tary service of the United States under and after the call of 
July second, eighteen hundred and sixty-two, and accepted 
by the United States towards its quota for the term of 
three years, and in the same proportion for every man so 
furnished and accepted for any shorter period ; and the 
same shall be in full payment for any claim upon the State 
on account of its war debts by any such munici- 

Commission 

pality. A commission appointed by the Gover- tobeap- 

t^ J '■ '■ '' pointed to 

nor and Council shall determine the amount to amountdue 
which each city, town, and plantation is entitled ; «»*>«S'*^- 
to be devoted to such reimbursement, the surplus, if any, 
to be appropriated to the soldiers who enlisted or were 
drafted and went at any time during the war, or if deceased, 



188 DOCUMENTS RELATING TO THE 

»3 500 000 *° their legal representatives. The issue oi 
limitofioan. ^j^^ |^^^,^^|^ hereby authorized shall not exceed in 
aggregate three million five hundred thousand dollars, 
and this amendment shall not be construed to permit the 
credit of the State to be directly or indirectly loaned in any 
other case or for any other purpose. 

Sec. 16. The Legislature may by law author- 
in^4^)0(nn- izc the dividing of towns having not less than 

habitants, . i • i i • i • • i 

ami towns tour thousaud inhabitants, or having voters resid- 

includiug ^ 

befomJef"^^ ing on any island within the limits thereof, into 
districts"^ voting districts for the election of representatives 

Amend- i t • i i -i ^i 

meut, to the Legislature, and prescribe the manner in 

art. XII. ^ '■ 

Mar"i5^i869 which the votes shall be received, counted, and 
the result of the election declared. 



ARTICLE X. 

SCHEDULE. 

Sec. 1. All laws now in force in this State, 

Laws now in 

force con- ^nd not Fcpugnant to this Constitution, shall re- 
tinue until I J^ ' 

repealed. niaiu, and be in force, until altered or repealed 

by the Legislature, or shall expire by their own limitation. 

Sec. 2. The Legislature, whenever two-thirds 

Constitution, 

howt.>be of both houses shall deem it necessary, may pro- 
amended. "^ ' •' * 

partljd" ^^' pose amendments to this Constitution ; and when 
any amendments shall be so agreed upon, a reso- 
lution shall be passed and sent to the selectmen of the sev- 
eral towns, and the assessors of the several plantations, 
empowering and directing them to notify the inhabitants of 
their respective towns and plantations, in the manner pre- 
sciil)ed by law, at their next annual meetings in the month 
of September, to give in their votes on the question, whether 
such amendment shall be made ; and if it shall appear that 



TERRITORIAL HISTORY OF MAINE. 189 

a majority of the inhabitants voting on the question are in 
favor of such amendment, it shall become a part of this 
Constitution. 

Sec. 3. After the amendments proposed here- ^ ^.^ . 

'^ *■ Constitution 

with shall have been submitted to popular vote, ranUid^by*^" 
the chief justice of the Supreme Judicial Court of 's.j'lc'!^'*^* 
shall arrange the Constitution, as amended, under 

...... , . .. I , Resolve of 

appropriate titles, and in proper articles, parts, Feb. 24, 1875. 
and sections, omitting all sections, clauses, and _sbaiibe 

T , . /. 1 1 • j_\ 1 submitted to 

words not in lorce, and making no other changes the legisla- 
ture. 
in the provisions or laneuage thereoi, and shall . . 

^ I- r> ' Constitution 

submit the same to the Legislature at its next rJlfj'Jd^^.n''' 
session. And the draft, and arrangement, when au'i'^pdnted 

1 11 1 II 1 copies bound 

approved by the Legislature, shall be enrolled on with laws. 
parchment and deposited in the oflace of the Sec- '^ff^^^^j^^^ 
let'dvy of State; and printed copies thereof shall sUte!'^*^^ 
be prefixed to the books containing the hivvs of the State. 
And the Constitution with the amendments made thereto, 
in accordance with the provision thereof, shall be the supreme 
law of the State. 

Sec. 4. Sections one, two, and five, of article 
ten of the existing Constitution, shall hereafter an. x.' 

ouiltted. 

be omitted in any printed copies thereof prefixed 
to the laws of the State ; but this shall not impair the valid- 
ity of acts under those sections ; and section five shall re- 
main in full force, as part of the Constitution, gecsshaii 
according to the stii)ulations of said section, with fo™e'.°*" 

/y •/» • 1 • •1-1 Resolve of 

the same effect as if contained in said printed Feb. 24, 1875. 
copies. 



190 DOCUMENTS RELATING TO THE 

♦AMENDMENT 1. 

RELATING TO MUNICIPAL INDEBTEDNESS. 

Municipal ^^ ^^^Y ^^ tovvn shall hereafter create any debt 

Ifess!**'^^*^' or liability, which singly, or in the aggregate 

amenflment . ■, % , i- i •i-^- in i 

of constitu- With previous debts or liabilities, shall exceed 

tion relat- 
ing to. f^yg pgj. centum of the last regular valuation of 

said city or town ; provided, hoivever, that the adoption of 

this article shall not be construed as applying to any fund 

received in trust by said city or town, nor to any loan for 

the purpose of renewing existing loans or for war, or to 

temporary loans to be paid out of money raised by taxation, 

during the year in which they are made. 

t AMENDMENT 2. 

BIENNIAL ELECTIONS AND BIENNIAL SESSIONS. 

The governor, senators and representatives in 
elections the legislature shall be elected biennally, and 

and sessions. 

hold office two years from the first Wednesday in 
January next succeeding their election ; and the legislature, 
at the first session next after the adoption of this article, 
shall make all needful provisions l)y law concerning the 
tenure of office of all county officers, and concerning the 
annual or biennial reports of the state treasurer and other 
Provisions «tate officcrs and institutions ; and shall make all 
to emate. j^^jj^ provisious by law as may be required in 
consequence of the change from annual to biennial elections, 
and from annual to biennial sessions of the legislature. 
The first election under this article shall be in the year one 
thousand eight hundred and eighty ; and the first meeting 
of the legislature under this article shall be on the first 
Wednesday of January, eighteen hundred and eighty-one. 

* Adopted Sept. 10, 1877, t Adopted Sept. 8, 1879. 



TERRITOKIAL HISTORY OF MAINE. 191 

Section four, article two ; section five, part one, 

. , « • f -• I i- "Biennial"' 

article tour ; section tour, part two, article tour ; substituted 

for"annual." 

section one, part three, article four ; section thir- 
teen, part one, article five ; section two, part two, article five ; 
section one, part three, article five ; section one, part four, art- 
icle five; section four, part four, article five; section three, 
article seven ; section four, article nine, and section eleven, 
article nine, are amended, by substituting the word ' bien- 
nial ' for the word " annual " wherever it occurs. 
Section two, part one, article five, is amended, 
by striking out all after the word "office" and arti'ci4^"' ^' 
substituting therefor the following words, ' for 
two years from the first Wednesday of January next follow- 
ing the election.' Section seven, article six, and section two, 
article ten, are hereby amended by striking out the word 
*' annual" and insert in place thereof the word 'biennial.' 

* AMENDMENT 3. 

PROVIDING FOR ELECTION OF GOVERNOR BY PLURALITY VOTE. 

The third section of the first part of article five, see. a.pani, 

article 5, 

is amended by striking out the word " majority " amended, 
wherever it occurs therein, and inserting in the place thereof 
the word ' plurality.' 

t AMENDMENT 4. 

CHANGING THE TERM OF OFFICE, OF SENATORS AND 
REPRESENTATIVES. 

Section two, article four, part first of the con- 

' ^ Sec. 2, parti, 

stitution of this state, as amended under the ^'inelfdmtnt 
"resolutions concerning an amendment of the - ^^•^"'^^•*- 
constitution of Maine," approved the fourth day of March, 

* Adopted Sept. 13, 1880. t Adopted Sept. 13, 1880. 



192 DOCUMKNTS KKLATING TO THE 

in the year eighteen hundred and seventy-nine, shall be 
further anieiidod by striking out the words " first Wednes- 
day in Jtmuary next succeeding their election," and inserting 
in place thereof the words ' day next preceding the biennial 
meeting of the legislature, and the amendment herein pro- 
posed, shall determine the term of oflBce of senators and 
representatives to be elected at the annual meeting in Sep- 
tember, in the year eighteen hundred and eighty, as well as 
the term of senators and representatives thereafter to be 
elected,' so that said section as amended shall read as 
follows : 

' Skc. 2. The house of representatives shall consist of 
one hundred and fifty-one members, to be elected by the 
qualified electors, and hold their office two years from the 
day next preceding the bieiniial meeting of the legislature, 
and the amendnient herein proposed, it adopted, shall deter- 
mine the term of office of senators and representatives to be 
elected at the annual meeting in September, in the year 
eighteen hundred and eighty, as well as the term of senators 
and representatives thereafter to be elected. The legisla- 
ture, which .shall fii'st be convened under this constitution, 
shall on or before the fifteenth day of August, in the year 
ofour Lord one thousand eight hundred and twenty-one, 
and the legislature, within every subsequent period of at 
most ten years, and at least five, cause the number of the 
inhabitants of the state to be ascertained, exclusive of for- 
eigners not naturalized and Indians not taxed. The number 
of representatives shall, at the several periods of making 
such enuujeration, be fixed and apportioned among the sev- 
eral counties, as near as may be, according to the number 
of inhabitants, having regard to the relative increase of pop- 
ulation. The number of representatives shall, on said first 
apportion, be not less than one hundred and not more than 
one hundred and fifty.' 



TERRITORIAL HISTORY OF MAINE. 193 



* AMENDMENT 5. 

FOREVER PROHIBITING THE MANUFACTURE OF INTOXICATING 

LIQUORS, AND PROHIBITING THEIR SALE EXCEPT 

FOR MEDICINAL AND MECHANICAL PURPOSES 

AND THE ARTS. 

The manufacture of intoxicating liquors, not including 
cider, and the sale and keeping for sale of intoxicating 
liquors, are and shall be forever prohibited. Except, how- 
ever, that the sale and keeping for sale of such liquors for 
medicinal and mechanical purposes and the arts, and the 
sale and keeping for sale of cider may be permitted under 
such regulations as the legislature may provide. The legis- 
lature shall enact laws with suitable penalties for the sup- 
pression of the manufacture, sale and keeping for sale of 
intoxicating liquors, with the exceptions herein specified. 

Eesolved, That the aldermen of cities, selectmen of towns, 
and assessors of plantations, in the State are hereby em- 
powered and directed to notify the inhabitants of their 
respective cities, towns and plantations, in the manner pre- 
scribed by law, at the September election next ensuing after 
the passage and approval of these resolves, to give in their 
votes on the question whether the amendment to the con- 
stitution proposed in the foregoing resolve shall be made ; 
and the question so submitted shall be : " Shall the consti- 
tution be amended so as to prohibit forever the manufacture, 
sale and keeping for sale of intoxicating liquors as provided 
by the said amendment ? " And the inhabitants of said 
cities, towns and plantations, shall vote by ballot on said 
question, — those in favor of the amendment expressing it 
by the word ' yes ' upon their ballots, and those opposed to 

* Resolution adopted by legislature, Feb. 21, 1883. Adopted Sept. 8, 
1884. 

Vol. II. 14 



194 DOCUMENTS RELATING TO THE 

the amendment by the word ' no' upon their ballots; and 
the ballots shall be received, sorted, counted, declared and 
recorded in open ward, town and plantation meeting, 
and lists of the votes so received shall be made and returned 
to the Secretary of State in the same manner as votes for 
governor. And the Governor and Council shall open, 
examine and count the same, and make return thereof to the 
next legislature, and if it shall appear that a majority of the 
votes is in favor of said amendment, the governor shall, by 
his proclamation, dechire such amendment to be adopted, 
and the constitution shall be amended accordingly, to take 
effect on the first Wednesday of January, in the year of our 
Lord one thousand eight hundred and eighty-five. 

* AMENDMENT 6. 

ELIGIBILITY OF THE TKEASUREIl OF STATE. 

The treasurer shall l)e chosen biennially at the 
articles, ' fii'st scssiou of the legislature, by joint ballot of 

amended. 

the senators and representatives in convention, 
but shall not be eligible more than six years successively. 

t AMENDMENT 7. 

APPOINTMENT OF ADJUTANT GENERAL. 

The major generals shall be elected by the 
IrticieV,' Senate and House of Representatives, each having 

amended. . , 

a negative on the otner. The adjutant general 
and quartermaster general shall be appointed by the gov- 
ernor. But the adjutant general shall perform the duties 
of quartermaster general until otherwise directed by law. 

* Resolution adopted by legislature, Mar. 10, 1887. Adopted Sept. 
10, 1888. 

t Resolution adopted by legislature, Mar. 31, 1891. Adopted Sept. 12, 
1892. 



TERRITORIAL HISTORY OF MAINE. 195 

The major generals and brigadier generals and the com- 
manding officers of regiments and battalions, shall appoint 
their respective statF officers ; and all military officers shall 
be commissioned by the governor. 



* AMENDMENT 8. 

EDUCATIONAL QUALIFICATION OF VOTERS. 

No person shall have the right to vote, or be eligible to 
office under the constitution of this state, who shall not be 
able to read the constitution in the English language, and 
write his name ; provided, however, that the provisions of 
this amendment shall not apply to any person prevented by 
a physical disability from complying with its requisitions, 
nor to any person who now has the right to vote, nor to any 
person who shall be sixty years of age or upwards at the 
time this amendment shall take effect. 

t AMENDMENT 9. 

ELECTION OF SENATORS TO FILL VACANCIES. 

Section five, in article four, part two, is hereby amended 
by striking out the words " and in this manner all vacancies 
in the senate shall be supplied as soon as may be after such 
vacancies happen," and substituting therefor the following : 
* But all vacancies in the senate arising from death, resig- 
nation, removal from the state or like causes, shall be filled 
by an immediate election in the unrepresented district.* 
The governor shall issue his proclamation therefor and 
therein fix the time of such election. 

*Resolutioa adopted by legislature, April 3, 1891. Adopted Sept. 
12, 1892. 
t Adopted Sept. 14, 1896. 



196 DOCUMKNIX KKLATINO TO THE 

* AMENDMENT 10. 

AUDITOK. 

Thcro shall he a state auditor who shall be elected bien- 
nially, on the first Wednesday of January, by joint ballot 
of the senators and representatives in convention, and whose 
duties and coin})ensation shall l)e prescribed, determined, 
and fixed from time to time, by the legislature. 



CXXVII. 

ACT ADDITIONAL TO THE ACT OF SEPARATION, BY 
THE GENERAL COURT OF MASSACHUSETTS. 

February 25, 1820. 

Sources. 

All proceedings under the Act of Separation of June 19, 
1819, Avould be null and void unless Maine was admitted 
into the Union before March 15, 1820. Because debates in 
the United States Senate over the slavery question in Mis- 
souri had prevented the admissi(m of Maine, an act in 
addition to the Act of Scpaiation arranged not only for an 
extension of time but also for a provisional government in 
Maine after the first of April, 1820, in case admission 
should be long delayed. 

The act is in " Laws of the Commonwealth of Massachu- 
setts .... from May, 1818, to February, 1822" (Bos- 
ton, 1822), VIII., 425-427; and " Statement on the Part 
of the United States, of the Case referred, in pursuance of 
the Convention of 1827 ..." (printed but not published, 
Washington, 1829), Appendix V., (50, 61. 

The text ado})te(l is that of '' Laws of the Commonwealth." 

♦Adopted Sept. 12, 1898. 



TERRITORIAL HISTORY OF MAINK. 197 

Text. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court asse7nhled , and by the author- 
ity of the same, Thut the consent of the Legislature of this 
Commonweulth be, and the same is hereby given, that the 
District of Maine may be formed and erected into a Separate 
and Independent State, upon the terms and conditions, and 
in conformity to the enactments contained in an act, enti- 
tled " an act relating to the Separation of the District of 
Maine from Massachusetts Proper, and forming the same 
into a Separate and Independent State," whenever the Con- 
gress of the United States shall give its consent thereto, 
anything in the said act, limiting the time when such con- 
sent should be given, to the contrary notwithstanding : 
Provided, hoicever, that if the Congress of the United States 
shall not have given its consent as aforesaid, before the fif- 
teenth day of March next, then all parts of the act, to which 
this is an addition, and all matters therein contained, which 
by said act have date or operation from, or relation to the 
fifteenth day of March next, shall have date and operation 
from, and relation to the day on which the Congress of the 
United States shall give its consent as aforesaid ; Provided, 
also, that if the Congress of the United States shall not give 
its consent as aforesaid, within two years from the fourth 
day of March next, this present act shall be void and of no 
eflfect. 

Sec. 2. Be it further enacted. That if it shall not be 
known on the first Monday of April next, that the Congress 
of the United States has given its consent as aforesaid, the 
people of the said District of Maine shall elect, provisionally 
a Governor, Senators and Representatives, or other officers, 
necessary to the organization of the government thereof, as 
a Separate and Independent State, according to the provi- 
sions of the constitution of government agreed to by the 



198 DOCUMENTS RELATING TO THE 

people of the said District. And the persons so elected, 
shall assemble at the time and place designated by the said 
constitution, if the consent of Congress, as aforesaid, shall 
be given (luring the present session thei-eof, but not other- 
wise ; and when assembled as aforesaid, and haviuir first 
determined on the returns, and qualifications of the persons 
elected, they shall have the power, as Delegates of the peo- 
ple, for that purpose, to declare on behalf and in the name 
of the people, the said elections of such persons to be con- 
stitutional and valid, for the respective offices and stations, 
for which they shall have been elected as aforesaid. And 
if such declaration shall not be made before the persons so 
elected, shall proceed to transact business, as the Legisla- 
ture of said State, the said election shall be wholly void, 
unless it shall appear, that the consent of Congress afore- 
said, shall have been given on or before the said first Mon- 
day of April next. And if the consent of C(mgress as 
atoresaid, shall be given after the said first Monday of 
April next, and the persons so elected, when assembled as 
aforesaid, shall not declare the said election valid and con- 
stitutional as aforesaid, within ten days from the last 
Wednesday of May next ; then they shall cease to have any 
power to act in any capacity for the peo[)le of the said 
District, by virtue of their elections as aforesaid; and the 
people shall again choose Delegates, to meet in convention, 
in the manner, for the purposes, and with the powers set 
forth in the third and fourth sections of the act to which 
this is an addition ; the said elections of such Delegates to 
be made on the first Monday of July next, and the Delegates 
to meet in convention, at Portland, on the first Monday of 
September next. 

[Approved by the Governor, February 25th, 1820.] 



TERRITORIAL HISTORY OF MAINE. 199 



CXXVTII. 

ACT FOR THE ADMISSION OF THE STATE OF MAINE 
INTO THE UNION, BY THE SIXTEENTH CON- 
GRESS OF THE UNITED STATES. 

March 3, 1820. 

jSources. 

After the long struggle over the admission of Maine and 
Missouri had been adjusted by a compromise bill, the act 
for the admission of Maine to the Union was formally ap- 
proved March 3, 1820. Maine thus became the tenth legis- 
lative state, and the twenty-third state in the Union. 

The text of the act is in " Statutes at Large of the United 
States of America" (Boston, 1850), III., 544; "The 
Public Laws of the State of INIaine, passed by the Legis- 
lature at its Session held in January, 1822" (Portland, 
1822), 1002; Ben: Perley Poore, compiler, "The Fed- 
eral and State Constitutions, Colonial Charters, and Other 
Organic Laws of the United States" (Washington, 1877), 
810; and " Statement on the Part of the United States, of 
the Case Referred, in pursuance of the Convention of 
1827. . ." (printed but not published, Washington, 1829), 
Appendix V., 61. 

The text adopted is that of " Statutes at Large," which 
is the official source. 

Text. 

Whereas, by an act of the state of Massachusetts, 
passed on the nineteenth day of June, in the year one 
thousand eight hundred and nineteen, entitled " An act 
relating to the separation of the district of Maine from 
Massachusetts proper, and forming the same into a separate 
and independent state," the people of that part of Massa- 
chusetts heretofore known as the district of Maine, did, 
with the consent of the legislature of said state of Massa- 
chusetts, form themselves into an independent state, and 



200 DOCUMENTS RKLATING TO THE 

did establish a constitution for the government of the same, 
agreel)ly to the provisions of said act — Therefore, 

Be it enacted by the Senate and House of Representatives 
of the United States of America, in Congress assembled. 
That from and after the fifteenth day of March, in the year 
one thousand eight hundred and twenty, the state of Maine 
is hereby dechired to be one of the United States of 
America, and admitted into the Union on an e(|ual footing 
with the original states, in all respects whatever. 
Approved, March 3, 1820. 



CXXIX. 

ARMS AND SEAL OF THE STATE OF MAINE, 

ADOPTED BY THE FIRST LEGISLATURE 

OF THE STATE OF MAINE. 

June 9, 1820. 

Sources. 

One of the earliest acts of the legislature of the State of 
Maine at its first session was to provide a seal and arms for 
the state. As the description is both interesting and 
instructive, it is, with the resolve, given a place among 
these documents, which relate especially to the formation of 
a sovereign state. 

The text adopted is that of " Resolves of the Legislature 
of the State of Maine at its First Session" (Portland, 
1820), 21-23; the description has also been printed by 
Joseph Williamson, editor, "New England Historical and 
Genealogical Register" (1883), XXXVlI., 43, 44. 

Text. 

Description of Device, &c. of the Seal and Aums 
of tlie State of Maine. 

A Shield, argent, charged with a Pine Thee ; a Moose 
Deer, at the foot of it, recumbent. Supporters; on dexter 



TERRITORIAL HISTORY OF MAINE. 201 

side, an Husbandman, resting on u scythe ; on sinister side 
a Seaman, resting on an anchor. 

In the foreground, representing sea and land, and under 
the Shield, the name of the State in large Roman Capitals, 
to wit: — MAINE. 

The whole surmounted by a Crest, the North Star. 
Thf Motto, in small Roman Capitals, in a label interposed 
between the Shield and Crest, viz : — dirigo. 

Explanation. 

The Moose Deer {Cervus alces) is a native of the for- 
ests of Maine. When full grown, it is scarcely inferior to 
a horse in size. It has a neck, short and thick, a large 
head, horns dilating almost immediately from the base into 
a broad, palmated form, a thick, heavy upper lip, hanging 
very much over the lower, very high shoulders, and long 
legs. The color is a dark greyish brown, much paler on 
the legs and under part of the body. The hair is coarse 
and strong, and is much longer on the top of the shoulders, 
and ridge of the neck, than on other parts. The eyes and 
ears are larse, the hoofs broad, and the tail extremely short. 
The greatest height of the Moose Deer is about seventeen 
hands, and the weight of such an animal about twelve hun- 
dred and twenty pounds. In deep snows they collect in 
numbers in pine forests. 

The Mast Pine {Americana, qiiinis ex uno folliculo setts) 
leaves five together, cones cylindrical, imbricated, smooth, 
lonser than the leaves, crest of the anthers of two minute, 
awl-shaped bristles. It is as well the staple of the com- 
merce of Maine, as the pride of her forests. It is an ever- 
green of towering height, and enormous size. It is the 
largest and most useful of American Pines and the best 
timber for masts. 



202 DOCUMENTS KKLATING TO THE 

Application of the Emblems, &c. 

NAME. 

The territory, embraced by the limits of the State, bears 
the name MAINE. 

CREST. 

As in the Arms of the United States, a cluster of Stars 
represents the States, composino^ the Nation, the North 
Star may be considered particularly applicable to the 
most northern member of the confederacy, or as indicating 
the situation of the most northern State of the Union. 

MOTTO. 

*• DiRiGo," / direct, or, I guide. As the Polar Star has 
been considered the mariner's guide and director in conduct- 
ing the ship over the pathless ocean to the desired haven, 
and the centre of magnetic attraction ; as it has been fig- 
uratively used to denote the point, to which all aflections 
turn, and as it here is intended to represent the State, it 
may be considered the citizen's guide, and the object to 
which the patriot's best exertions should be directed. 

SHIELD. 

The Pine Tree. 

The stately Pine, with its straight body, erect head, and 
evergreen foliage, and whose beauty is exceeded only by its 
usefulness, while it represents the State, will excite the 
constant prayer of its citizens, semper viridis. 

The Moose Deer. 

A native animal of the State, which retires before the 
approaching steps of human inhabitancy, in his recumbent 
posture and undisturbed situation, denotes the extent of 



TERRITORIAL HISTORY OF MAINE. 203 

unsettled lands, which future years may see the abodes of 
successive generations of men, whose spirit of independence 
shall be untamed as this emblem, and whose liberty shall 
be unrestricted as the ranges of the Moose Deer. 

The Supporters of the Shield. 

An Husbandman with a scythe represents Agriculture 
generally, and more particularly that of a grazing country ; 
while a Seaman resting on an anchor, represents Commerce 
and Fisheries ; and both indicate, that the State is supported 
by these primary vocations of its inhabitants. 

The Committee appointed to report a suitable Device and 
Seal for the State of Maine, 

EEPORT, a Device for the Seal of the State, a sketch 
of which, with a description and explanation of the same, 
are herewith submitted. 

They also report the following resolutions : 

1. Resolved, That the Secretary of State be directed to 
procure a suitable Seal, conforming to the sketch aforesaid, 
and that he cause the Device aforesaid to be engraven 
thereon, and that said seal, when so completed, be depos- 
ited in the office of the Secretary of State, and that the 
same shall become and be the Seal of this State. 

2. Resolved, That the Secretary of State cause the 
sketch, description and explanation aforesaid, to be fairly 
copied on parchment and deposited in the office of the Sec- 
retary of the State. 



204 DOCUMENTS KELATING TO THE 



cxxx. 

TREATY WITH THE PENOBSCOT TRIBE OF 
INDIANS, BY THE STATE OF MAINE. 

August 17, 1820. 

Sources. 

August 17, 1820, the Penobscot tribe of Indians signed 
two treaties, one releasing the commonwealth of Massachu- 
setts from all further obligations under the treaty of June 
29, 1818, the other substituting the State of Maine in the 
place of the commonwealth. 

The treaty with the State of Maine is printed with " Re- 
solves of the Nineteenth Legislature of the State of Maine " 
(Augusta, 1839), 1(58-171 ; and again, with other Indian 
treaties, by order of the Council in "• Acts and Resolves 
passed by the Twenty-third Legishiture of the State of 
Maine" (Augusta, 1843), 258-261; it is also printed by 
Joseph W. Porter, editor, "Bangor Historical Magazine" 
(Bangor, 188(J-87), II., 96-98. 

The text adopted is that of the " Resolves " of 1839. 

Text. 

This writing, indented and made this seventeenth day of 
August in the year of our Lord one thousand eight hundred 
and twenty, by and between Lothrop Lewis of Gorham in 
the county of Cumberland and state of Maine, Esquire, 
commissioner, appointed by William King, Esquire, gov- 
ernor of said state, by and with the advice and consent of the 
council, in conformity to a Resolve of the Legislature of 
said State passed the twentieth day of June, in the year of 
our Lord one thousand eight hundred and twenty, to treat 
with the Penobscot tribe of Indians in said State, upon the 
subject expressed in said Resolve, on the one part ; and the 
said Penobscot tribe of Indians, by the undersigned, Chiefs, 



TERRITORIAL HISTORY OF MAINE. 205 

Captains and men of said tribe, representinoj the whole 
thereof on the other part; Witnesseth; That, the said 
Penobscot tribe of Indians, in consideration of the cove- 
nants and agreements, hereinafter mentioned, on the part 
of said Commissioner, in behalf of said State, to be per- 
formed, kept and fulfilled, do hereby grant, sell, convey, 
release and quit-claim, to said State, all their, the said 
tribe's right, title, interest and estate, in and to, all the 
lands and possessions, granted, sold and conveyed by us, 
to the commonwealth of Massachusetts, by our writing of 
indenture, made with said Commonwealth by their Com- 
missioners, the honorable Edward H. Bobbins, Daniel 
Davis and Mark L. Hill, Esquires, June the twenty-ninth, 
in the year of our Lord one thousand eight hundred and 
eighteen, saving and excepting, the reservations, in said 
indenture made and expressed. Meaning and intending 
hereby, to substitute and place, the said state of Maine, in 
the stead and place, of the said commonwealth of Massa- 
chusetts, to all intents and purposes whatsoever, as it re- 
gards said indenture last mentioned, with the said tribe of 
Indians, so that all and singular, the lands, rights, immuni- 
ties or privileges, whatsoever, which said commonwealth of 
Massachusetts did, might, or could hold, possess, exercise 
and enjoy, under or by virtue of said indenture, or treaty, 
or by any other indenture, treaty or agreement whatsoever, 
shall be held, possessed, exercised and enjoyed in as full 
and ample a manner by said State of Maine. 

And the undersigned commissioner, on his part, in behalf 
of said State of Maine, in consideration of the premises, 
and of the foregoing covenants and engagements of said 
tribe, does hereby covenant with said tribe, that they shall 
have and enjoy, all the reservations made to them, by virtue 
of said treaty of the twenty ninth of June, eighteen hundred 
and eighteen. And the undersigned Commissioner, in 



206 DOCUMENTS RELATING TO THE 

behalf of said State of Maine, does hereby further covenant 
and agree with said tribe, that, as soon as the Couinion- 
wealth of Massachusetts, shall have made and fultilled the 
stipulations on her part to be done and performed, under 
and by virtue of the tilth article of an act, " relating to the 
separation of the district of Maine from Massachusetts 
Proper, and forming the same into a separate and independ- 
ent State," passed June the nineteenth, eighteen hundred 
and nineteen then the said State of Maine, shall and will, 
annually, and every year, in the month of October, so long 
as they shall remain a Nation, and reside within the said 
State of Maine, deliver for the use of the said Penobscot 
tribe of Indians, at Old Town, the following articles; to 
wit: five hundred bushels of corn, fifteen barrels of wheat 
flour, seven barrels of clear pork, one hogshead of molasses, 
and one hundred yards of double breadth broadcloth, to be 
of red color, one year, and blue the next year, and so on 
alternately, fifty good blankets, one hundred pounds of 
gunpowder, four hundred pounds of shot, six boxes of 
chocolate, one hundred and fifty pounds of tobacco, and 
fifty dollars in silver. 

It being meant and intended, to assume and perform, all 
the duties and obligations of the Commonwealth of Massa- 
chusetts, toward the said Indians, whether the same arise 
from treaties or otherwise, and to substitute and place, the 
said State of Maine in this res[)ect, to all intents and pur- 
poses whatever, in the stead and place of the Conimon- 
wealth of Massachusetts, so that said tribe may have 
continued to them, all the payments, and enjoy all the 
immunities and privileges, in as full and ample a manner, 
under this indenture or treaty, as they could have received 
or enjoyed, under the said treaty, of the twenty ninth of 
June, eighteen hundred and eighteen, if this present treaty 
had not been nmde. 



TERRITORIAL HISTORY OF MAINE. 207 

Saving and excepting the two acres of land, which were 
by the treaty of June twenty-ninth, eighteen hundred and 
eighteen, to be purchased for the use of said tribe, in the 
town of Brewer, the performance of which, has been relin- 
quished by the said tribe to the commonwealth of Massa- 
chusetts. 

Reserving however to the Government of this State, the 
power and right to ratify and confirm, at pleasure, the 
doings of said Commissioner in the premises. 
In witness whereof, the parties aforesaid, have hereunto 

set our hands and seals, the day and year first within 

written. 

Lothrop Lewis. (Seal. 

his 

John X Etien, Governor. (Seal. 

mark 
his 

John X Neptune, Lt. Governor. (Seal. 

mark 

bis 

Captain Francis X Lolor. (Seal. 

mark 
his 

Captain Etien X Mitchell. (Seal. 

mark 
his 

Sock X Joseph Captain. (Seal. 

mark 
his 

Piel X Marie Captain. (Seal. 

mark 
liis 

Suasin X Neptune Capt. (Seal. 

mark 
his 

Awaroos X Mitchel Capt. (Seal. 

mai'k 
his 

John X Oioon Capt. (Seal. 

mark 

his 

Joseph Marie X Neptune, Esq. (Seal. 

matk 
his 

Joseph X Lion. (Seal. 

mark 
his 

Glocian X Awaroos. (Seal. 

mark 



208 DOCUMENTS RELATING TO THE 

his 

Capt. Nicholas X Tomah. (Seal.) 

mark 

Sabattis X Tomah. (Seal. 

mark 

Signed, Sealed and Delivered 
IN Presence of us : 

Wm. D. Williamson, 
Williiim Emerson, 
Joseph Treat, 
Stephen L. Lewis, 
Jno. Blake, 
Eben. Webster. 

Penobscot, S. S. August 17, 1820. 

Personally appeared Lothrop Lewis, John Etien, John 
Neptune, Francis Lolor, Etien Mitchel, Piel Mitchell, Sock 
Joseph, Piel Marie, Suasin Neptune, Awaroos Mitchel, 
John Oroon, Joseph Marie Neptune, Joseph Lion, Glocian 
Awaroos, Nicholas Tomah, and Sabattis Tomah, subscrib- 
ers to the foregoing instrument, and acknowledged the 
same to be their free act and deed. 
Before me, 

WM. D. WILLIAMSON, Jus. Peace. 



CXXXI. 

ACT FOR COMPENSATION OF COMMISSIONERS UNDER 

THE ACT OF SEPARATION, BY THE THIRD 

LEGISLATURE OF THE STATE OF MAINE. 

February 6, 1822. 

Sources. 

The act of the legislature of the State of Maine which 
provided for the payment of commissioners is entitled, '* An 



TERRITORIAL HISTORY OF MAINE. 209 

Act to provide for carrying into effect certain stipulations 
in the Act for erecting tlie District of Maine into a separate 
State." In accordance with Section 5 of the act, the secre- 
tary of the State of Maine transmitted a copy to the com- 
monwealth of Massachusetts. The Act of Compensation 
was passed in concurrence with a similar act by the General 
Court of Massachusetts, January 29, 1822. 

The act is inserted in this collection because it is a link 
in the chain of obligations connected with the Act of Sep- 
aration. This text is found in " The Public Acts of the 
State of Maine, passed by the Legislature at its Session, 
held in January, 1822" (Portland, 1822^, 890, 891. 

Text, 

Sect. 1. Be it enacted by the Senate and House of Rep- 
resentatives, in Legislature assembled. That the Commis- 
sioners appointed by virtue of the Act, entitled " An Act 
relating to the separation of the District of Maine from 
Massachusetts proper, and forming the same into a separate 
and independent State," passed the nineteenth day of June, 
in the year of our Lord one thousand eight hundred and 
nineteen, shall each be entitled to, and receive as com- 
pensation for their services, five dollars a day for the time 
they shall be actually engaged in executing the duties 
assigned them by virtue of said Act, and for their necessary 
travel in and about the same, a like sum for every thirty 
miles travel, the same to include as well their past, as future 
services ; the aforesaid compensation to be in full for their 
expences as well as their services. 

Sect. 2. Be it further enacted. That upon the said 
Commissioners, or a major part of them, certifying to the 
Governor an account of their travel and attendance upon 
said services, at the rates aforesaid, the Governor, by and 
with the advice of the Council, be, and he hereby is author- 
ized and empowered to draw his warrants on the Treasury 
of the State for the one half of the amount of said account, 

Vol. II. 15 



210 DOCUMENTS RELATING TO THE 

in favor of said Commissioners, as shall, by said certificate 
and account, appear to be entitled to receive the same. 

Sect. 3. Be it further enacted, That for defraying the 
one half of the expense of surveying the lands in the State 
of Maine, to be surveyed and divided, the charges attending 
said survey, and also for defraying one half of the compen- 
sation of the Secretary of said Commissioners, and paying 
for the stationary necessary to be used by them, exclusive 
of the personal expences of said Commissioners, the sum of 
three thousand dollars, be, and hereby is appropriated as a 
contingent fund. 

Sect. 4. Be it further enacted. That when the said Com- 
missioners, or a major part of them, shall request the same, 
the Governor, by and with the advice and consent of Coun- 
cil, be, and hereby is authorized and requested to draw his 
warrant from time to time for such sum or sums of money, 
not exceeding said three thousand dollars, as they shall 
certify to be necessary for the purposes mentioned in the 
said third section of this Act, in favor of such person or 
persons as they shall direct. 

Sect. 5. Be it further enacted. That the Secretary of 
State, be, and he hereby is directed as soon as may be, to 
transmit to the Secretary of the Commonwealth of Massa- 
chusetts a copy of this Act. 

[This Act passed February 6, 1822.] 



TERRITORIAL HISTORY OF MAINE. 211 



CXXXII. 

AGREEMENT FOR ADJUSTING THE PERSONAL 

CONCERNS BETWEEN THE TWO STATES, 

BY THE COMMISSIONERS UNDER 

THE ACT OF SEPARATION. 

May 25, 1822. 

Sources. 

By Article IV., Section 1, of the Act of Separation, the 
personal concerns of the two states were to be adjusted by 
commissioners who were to give two-thirds of all the per- 
sonal property to the commonwealth of Massachusetts and 
the remaining third to the State of Maine. The assign- 
ment by the commissioners. May 25, 1822, divided, on that 
basis, nearly all the personal property held in common. 
June 15, 1822, the General Court of Massachusetts passed 
a resolve for carrying into effect the stipulations of the 
commissioners. In 1823 bonds and securities of small 
value necessitated a second division, which gave $281.73 
additional to Massachusetts and $140.87 to Maine. A few 
unassigned securities of no value were lodged with the 
treasurer of the commonwealth, according to an agreement 
printed with "Resolves of the Fourth Legislature of the 
State of Maine" (Portland, 1824), Appendix, 361-363. 

The agreement of May 25, 1822, is reprinted from 
"Resolves of the Third Legislature of the State of Maine" 
(Portland, 1823), Appendix, 263-265. 

Text. 

We, the undersigned, Levi Lincoln, James Bridge, 
George Bliss, Benjamin J. Porter, Lothrop Lewis and Silas 
Holman, appointed Commissioners under and by virtue of 
the law of the Commonwealth of Massachusetts, entitled 
"An Act relating to the separation of the District of Maine 
from Massachusetts proper, and forming the same into a 



212 DOCUMENTS RELATING TO THE 

separate and independent State ; " having endeavored faith- 
fully and assiduously at different times, from the first meet- 
ing of said Commissioners, on the thirtieth day of October, 
in the year of our Lord one thousand eight hundred and 
twenty, unto the sixth day of March last, to agree upon 
the description and amount of all such debts, annuities, 
indian subsidies or claims which remain due or unsatisfied, 
and upon the description, amount and assignment of a just 
portion of the productive property held by said Common- 
wealth as an equivalent and indemnification therefor: And 
having made a division of the Military Stores and Ordnance 
belonging to said Commonwealth on the fifth day of March 
last : Being unable to agree upon and complete an assign- 
ment and division of the residue of said personal property, 
we adjourned on said sixth day of March last, to meet at 
Portland on the sixteenth day of May instant, at which time 
and place we resumed the subject and made further exami- 
nations, and in the spirit and with a view to compromise 
mutually made further concessions. Notwithstanding the 
difficulty of ascertaining the value and amount of said per- 
sonal property and the extent of the liabilities of said Com- 
monwealth, we have unanimously agreed upon a settlement, 
assignment, and division thereof, and have assigned the 
sum of thirty-seven thousand, four hundred and seventy- 
one dollars and three cents, estimated by us as a just por- 
tion of the productive property to be held by the said 
Commonwealth, as an equivalent and indemnification to said 
Commonwealth for all debts, annuities, and indian subsidies 
or claims due from said Commonwealth, which now remain 
due, or unsatisfied ; except the subsidy or annuity which 
may be due to the Penobscot tribe of Indians after this 
present year. All the surplus of the said property, so 
holden as aforesaid, amounting to the sum of seventy-one 
thousand nine hundred and ninety-seven dollars and sixteen 



TERRITORIAL HISTORY OF MAINE. 213 

and a half cents, exclusive of the avails of the Province 
house, and of the ordnance, arms and military stores, we 
have divided, and do hereby divide, between the said Com- 
monwealth and the said State, in the proportion of two 
thirds to the said Commonwealth, and one third to the said 
State in manner following, to wit ; to the State of Maine 
the sum of Fifteen thousand eight hundred eighty-eight 
dollars and fifty cents to be paid in cash out of the Treasury 
of said Commonwealth, and also the one third part in value 
of all notes, bonds, and securities contained in certain 
schedules, marked B and C, from the Treasurer of said 
Commonwealth, made on the sixteenth day of March, 1820, 
the same to be taken as they stood on the thirteenth day of 
May instant, and also the one third part in value of all 
notes, bonds, contracts and securities remaining in the land 
office of said Commonwealth, as they existed on the same 
day, to be divided by us, as soon as may be ; and also we 
have divided and assigned to the said State of Maine, all 
sums of money, dues, claims, and demands belonging to 
said Commonwealth from the Treasurers of the several 
Counties, now within the State of Maine, Justices of the 
Peace, Clerks of the several Courts and County Attornies 
for the several Counties now in said State, and also from 
any person or persons who have holden said offices — and 
also all monies, dues and demands from any person or per- 
sons now heretofore Sheriffs or Gaolers of any County of 
said State, for fines, forfeitures, and bills of costs in crim- 
inal prosecutions ; together with the ordnance, arms and 
military stores which we have assigned and set out to said 
State, according to a schedule signed by Benjamin J, Porter 
and Silas Holman, bearing date the seventeenth day of May 
instant, and ratified by us the same day, which accompanies 
this agreement ; all which, with the sum of Fifteen thousand 
seven hundred and forty-two dollars and twelve cents, 



214 DOCUMENTS RELATING TO THE 

advanced to said State, by said Commonwealth, and that 
portion of the tax due from the several Banks in said State 
on the first day of April, in the year of our Lord one thou- 
sand eight hundred and twenty, which accrued before the 
sixteenth day of March, m said last mentioned year, here- 
tofore paid into the Treasury of said State, is the full third 
part and share, as well of the personal property mentioned 
in said fourth article of said section, as also the avails of 
the Province house of said Commonwealth, and in full sat- 
isfaction of all claims and demands on account of the per- 
sonal property of said Commonwealth, mentioned in said 
fourth article of said section ; and also of the moiety of 
seven hundred and nine dollars and seventy-four cents, 
paid by said State in and about the public lauds within said 
State. And the whole of the residue of said personal prop- 
erty of said Commonwealth, mentioned in said fourth 
article of said section, of every description and nature 
whatever, we have divided and do hereby divide to the said 
Commonwealth, as the just and full two third parts of said 
property. And it is hereby agreed that the said notes and 
securities, so divided, and the said monies, dues, claims and 
demands, so assigned as aforesaid, are to be taken as they 
are, at the sole risk of the party who shall receive them, 
without claim or challenge on the other party. And it is 
further agreed that the said State of Maine, and its oflScers, 
shall and may have and use the name and authority of the 
said Commonwealth and the proper officers thereof, in pros- 
ecuting and collecting any of said notes and securities, 
contracts, debts, dues, claims or demands so divided or 
assigned to said State, but at the sole and proper risk and 
charge of said State. 

This agreement and division is to be a full and final set- 
tlement and adjustment of all personal property, to a por- 
tion of which the said State, under said fourth article is or 



TERRITORIAL HISTORY OF MAINE. 215 

might be entitled ; and also of all liabilities and claims for 
indemnification for which it was thereby made chargeable. 
Provided however, and it is expressly agreed, that any sub- 
sidy or annuity which, after the present year, shall by 
virtue of the Treaty heretofore made by the said Com- 
monwealth with the Penobscot tribe of Indians, become 
due and payable, is not hereby adjusted or settled. 

In witness whereof, we have set our hands to this 
agreement in duplicate, this twenty-fifth day of May, in 
the year of our Lord, one thousand eight hundred and 
twenty -two. 

LEVI LINCOLN, 
JAMES BRIDGE, 
GEORGE BLISS, 
BENJA. J. PORTER, 
LOTHROP LEWIS, 
SILAS HOLMAN. 

Attest — JAMES L. CHILD, Secretary. 



CXXXIII. 

DIVISION OF THE PUBLIC LANDS, BY COMMISSIONERS 
UNDER THE ACT OF SEPARATION. 

December 28, 1822. 

Soui'ces. 

December 28, 1822, the commissioners appointed to 
divide the lands and islands belonging to the two states in 
common made report of an equal division according to Arti- 
cle I., section 1, of the Act of Separation. 

The report was printed with " Resolves of the Third 
Legislature of the State of Maine" (Portland, 1823), Ap- 
pendix, 266-278 ; that part which relates to the division of 



216 DOCUMENTS RELATING TO THE 

the islands was published by Joseph W. Porter, editor, 
'' Baiiiror Historical Mairazine" (Bangor, 1887-88), III., 
207-209. 

The several reports as presented from year to year are 
included in this compilation to focilitate special study of 
territorial rights in Maine. The text adopted is that of the 
"Resolves." 



Text. 

Whereas, in and by a certain act of the Commonwealth 
of Massachusetts, passed the nineteenth day of June, in the 
year of our Lord one thousand eight hundred and nineteen, 
entitled " an act relating to the separation of the District 
of Maine from Massachusetts proper, and forming the same 
in a separate and independent State," it was among other 
things enacted that all the lands belonging to the Common- 
wealth within the District of Maine, should belong, the one 
half thereof to the said Commonwealth, and the other half 
thereof to the State to be formed within the said District, 
to be divided by Commissioners, to be appointed, as in and 
by the same act was provided, between the respective States 
in equal shares, or moieties, in severalty, having regard to 
quantity, situation and quality : And whereas Commis- 
sioners, appointed pursuant to said act, have determined in 
part execution of the powers vested in them by virtue of 
said act, that the several tracts and parcels of land herein- 
after mentioned and described, lying at the date of said act 
in said District, and now in the State of Maine, should be 
divided and holden in severalty : 

Now therefore, know all men by these presents, that we, 
Levi Lincoln, James Bridge, George Bliss, Benjamin J. 
Porter, Silas Holman, and Daniel Rose, Esquires, Commis- 
sioners appointed according to the provisions of the aforesaid 
act, have divided, assigned and set out in severalty, the 
following tracts and parcels of land, to the Commonwealth 



TERRITORIAL HISTORY OF MAINE. 217 

of Massachusetts and to the State of Maine, respectively, 
in severalty, which lie easterly of Penobscot River, and 
northerly of the north line of Bingham's lottery lands,so 
called, and in the third and fourth range of townships, 
as laid down and delineated on a certain map or plan made 
by Silas Holman and Daniel Eose, Esquires, bearing date 
December 26, A. D. 1822, transcripts of which are herewith 
lodged in the offices of the Secretary of said Commonwealth 
and of said State, respectively, and also particularly de- 
scribed in a Report by the said Holman and Rose, made to 
us, bearing date December 19, A. D. 1822, accompanying 
which report is a Schedule of the several surveys of the 
lines and boundaries made by order of the said Common- 
wealth, and by order of said Commissioners, to wit : to the 
said Commonwealth : — River township number three, 
lying on Penobscot river, belonging to the third range, 
containing seventeen thousand and sixty-two acres ; town- 
ship number six in said third range, containing twenty-two 
thousand two hundred and sixty-four acres ; township num- 
ber seven in the same range, containing twenty-three 
thousand and forty acres ; township number eight in said 
third range, containing twenty-three thousand and forty 
acres ; township number nine in the same range, containing 
twenty-three thousand and forty acres ; township number 
ten in the same range, containing twenty-five thousand eight 
hundred and eleven acres ; township number eleven in the 
same range, containing eight thousand three hundred and 
seventy-four acres ; river township number four, belonging 
to the fourth range of townships on the east side of Penob- 
scot River, lying on Penobscot River, containing twenty-five 
thousand nine hundred and ninety-seven acres ; township 
number six in said fourth range, containing nine thousand 
nine hundred and ninety-two acres ; township number seven 
in the same fourth range, containing twenty-three thousand 



218 DOCUMENTS RELATING TO THE 

and forty acres ; township number nine in the same range, 
containing twenty-three thousand five hundred and eighty- 
three acres; to which we have added, in order to equalize 
the same, township number two in the ninth range of town- 
ships west of Penobscot River, north of the Waldo patent, 
containing twenty-eight thousand six hundred and fifty-six 
acres ; township number three in the same last mentioned 
range, containing twenty-eight thousand eight hundred 
acres ; also all that part of township number two, in the 
seventh range of townships north of said Waldo patent, 
which has not been heretofore granted, containing two 
thousand four hundred and fifteen acres ; making in the 
whole three hundred and eight thousand and one hundred 
and fifty-four acres, which we call the second division, and 
assign and allot the whole thereof to the said Commonwealth 
of Massachusetts in severalty. 

And we have also divided and allotted the following 
tracts and parcels of land, particularly delineated and laid 
down in the aforesaid map or plan of said Holman and Rose, 
and described in their aforementioned report, and the 
schedules annexed thereto, as lying in the first and second 
ranges of townships east of said Penobscot river, as herein 
described, to wit: — River township number one, belong- 
ing to the first range of townships north of the Bingham 
purchase, on the east side of said Penobscot river, contain- 
ing fourteen thousand six hundred and forty-eight acres ; 
half township number one, in the said first range, contain- 
ing twelve thousand one hundred and ninety-one acres ; 
township number two, in said first range, containing 
twenty-five thousand four hundred and one acres ; township 
number three in said range, containing twenty-six thousand 
and ten acres ; township number four, in said first range, 
containing thirty-eight thousand four hundred and twenty- 
four acres : Also half township number six, in said range. 



TERRITORIAL HISTORY OF MAINE. 219 

containing eleven thousand five hundred and twenty acres : 
Also, township number two of Titcomb's survey, in the first 
range of townships according to said map and plan of said 
Holman and Rose, called the Wait township, containing 
twenty-three thousand and forty acres ; Also, township 
number one, of said Titcomb's survey, in the aforesaid first 
range of townships, containing twenty-two thousand nine 
hundred acres ; Also, river township number two, belonging 
to the second range of townships on the east side of Penob- 
scot river, bounding on said river, containing seventeen 
thousand six hundred and ninety-five acres ; township num- 
ber five, in said second range, containing twenty-three 
thousand and forty acres ; township number six, in said 
second range, containing twenty-six thousand seven hundred 
and seventy-three acres ; township number seven, in said 
second range, containing thirty thousand acres ; township 
number eight in said second range, containing twenty-nine 
thousand three hundred and fifty-one acres ; township num- 
ber nine, in said second range, containing nineteen thousand 
three hundred and sixty acres ; township number one, of 
said Titcomb's survey, in the second range of townships, on 
the aforesaid plan or map of said Holman and Rose, con- 
taining twenty-three thousand seven hundi'ed acres, making 
in the whole, three hundred and forty-four thousand and 
fifty-three acres, which we have designated as the first 
division, and have allotted, divided and assigned the whole 
thereof to the said State of Maine ; which said two divisions 
we adjudge and determine, having regard to situation and 
quality, to be equal the one to the other. 

And we have divided and allotted the residue of the lands 
belonging to the said Commonwealth and the said State, 
lying in the seventh, eighth and ninth ranges of townships 
north of the Waldo patent, and west of Penobscot river, 
except the lots reserved for the future use of government. 



220 DOCUMENTS RELATING TO THE 

into two divisions — the first division containing township 
number one, in the eighth range of townships north of the 
Waldo patent, which contains seventeen thousand eight 
hundred and thirty-one acres ; township number seven, in 
the ninth range of townships north of the Waldo patent, 
containing twenty-three thousand and forty acres ; township 
number four, in the said ninth range, containing twenty- 
three thousand and forty acres ; half township number three, 
in the eighth range, containing eleven thousand five hun- 
dred and twenty acres ; also that part of township number 
eight, in the said ninth range, which has not been conveyed, 
containing four thousand four hundred and seventy-six acres, 
amounting in the whole to seventy-nine thousand nine hun- 
dred and seven acres, which we have divided and allotted 
to the said State of Maine, to hold in severalty. 

The second division, containing township number one, in 
the seventh range of townships, north of said Waldo patent, 
containing twenty-eight thousand and forty-one acres ; half 
township number six, in the ninth range of said townships, 
north of said patent, containing eleven thousand five hun- 
dred and twenty acres ; township number two, in the eighth 
range of said townships north of said patent, containing 
twenty-five thousand two hundred and twenty-five acres ; 
and township number four, in the same eighth range, con- 
taining twenty-three thousand and forty acres, making in 
the whole eighty-seven thousand eight hundred and twenty 
acres, which we have divided and allotted to the Common- 
wealth of Massachusetts. The above townships and parts 
of townships are delineated and described in the map or 
plan before referred to, made by said Holman and Rose, 
and their said report made to said Commissioners, bearing 
date the 19th December, 1822. The said divisions having 
regard to situation and quality we adjudge to be equal the 
one to the other. 



TERRITORIAL HISTORY OF MAINE. 221 

And we have divided and allotted into two divisions 
that part of the nine townships of the old Indian purchase, 
so called, which has not been granted or conveyed by the 
Commonwealth, the first division to contain the lands fol- 
lowing, lying on the east side of Penobscot river, to wit, 
number one, according to a plan and survey made by Park 
Holland, Jonathan Maynard, and John Chamberlain, under 
the direction of Salem Town, Esq., containing originally 
sixteen thousand seven hundred and sixteen acres, of which 
three hundred and sixty-two acres have been conveyed, and 
sixteen thousand three hundred and fifty-four acres remain 
unsold, of which thirteen hundred and sixty-seven acres 
have been contracted to be sold by the Commissioners of 
the Land Office ; and there remained due on said contracts 
on the thirteenth day of May last, thirteen hundred and 
eighteen dollars and forty-one cents ; the said land so con- 
tracted, and the said contracts to be reckoned as a part of 
said division ; township number two, in said plan and sur- 
vey, containing originally twenty-one thousand six hundred 
and thirty-three acres, of which has been contracted as 
aforesaid, four hundred and eighty-nine acres ; on which 
contracts were due on said thirteenth day of May, two hun- 
dred and forty-four dollars and sixty-three cents, which 
said land so contracted, and the said contracts also make 
part of said division ; also township number four, as 
described in said map and survey, containing originally 
twenty-eight thousand six hundred and eighty acres, of 
which has been conveyed three thousand eight hundred and 
sixty-one acres, and four hundred and eighty-two acres of 
the residue have been contracted for by said Commissioners, 
on which contracts there was due on said thirteenth day of 
May, four hundred and ninety-three dollars and thirty-one 
cents, making in the whole land unconveyed in said division, 
sixty-two thousand eight hundred and six acres, which said 



222 DOCUMENTS RELATING TO THE 

division we divide and allot to the State of Maine, to have 
all the rights and perform all the duties in relation to said 
lands contracted for, and said contracts which the said 
Commonwealth would now have, or be liable to perform, if 
not so allotted and divided. 

The second division to contain township number one, on 
the west side of said Penobscot river, according to the 
aforesaid map and survey, containing twenty thousand and 
sixty-two acres, of which contracts have been made by said 
Commissioners for eleven hundred and thirty-nine acres, 
and there was due on said contracts one thousand and sixty- 
one dollars and twenty-three cents on said thirteenth day 
of May, which said contracts are to be included in said 
division ; township number two, on said map and survey 
on the west side of said Penobscot river, containing origi- 
nally, nineteen thousand two hundred acres, of which three 
thousand acres have been granted or conveyed, and there 
remains unsold sixteen thousand two hundred acres ; also 
seven hundred acres of the lands reserved in the convey- 
ance of township number three on the west side of said 
river to Maine Literary Institution and which were not con- 
veyed to John Bennock ; also township number four on 
said map and survey, on said west side of said river, con- 
taining originally twenty thousand and one hundred and 
forty-eight acres, of which sixteen thousand nine hundred 
and sixty-eight acres have been conveyed, and three thou- 
sand one hundred and eighty acres remain unsold, of which 
contracts have been made by said Commissioners for one 
hundred and one acres, on said contracts was due on said 
thiileenth day of May, one hundred and nine dollars and 
ninety-eight cents, and said contracts are part of said divis- 
ion : township number five on said map and survey, on the 
west side of said river, containing originally eight thousand 
five hundred and ten acres, of which three thousand and 



TERRITORIAL HISTORY OF MAINE. 223 

fifty acres has been granted or conveyed, and there renaains 
unsold five thousand four hundred and sixty acres ; and also 
township number three, on said map and survey, on the 
east side of said river, containing originally twenty-four 
thousand seven hundred and fourteen acres, of which four- 
teen thousand five hundred and seventy-seven acres have 
been granted or conveyed, and contracts have been made 
by said Commissioners for six thousand and eighty-two 
acres, on which contracts there was due on said thirteenth 
day of May, six hundred and thirteen dollars and eighty- 
seven cents, making in the whole fifty-six thousand seven 
hundred and thirty-nine acres ; and in order to make this 
second division equal with the first, we have also divided 
and allotted the following lots in the town of Penobscot, in 
the county of Hancock, to wit, number fifty-eight, number 
sixty, number sixty-one, number sixty-two, and the parts 
of lots number seventy-five, seventy six, seventy-nine, 
ninety, ninety-two ; lots numbered ninety-one, number 
ninety-six, containing in the whole eleven hundred and fifty 
acres and one hundred and forty rods, which makes said 
division in the whole, fifty-seven thousand eight hundred 
and eighty-nine acres and one hundred and forty rods, 
which we have divided and allotted to the Commonwealth 
of Massachusetts, as a just and equal division, the said 
Commonwealth to have all the rights, and be liable to per- 
form all the duties which the said Commonwealth would 
have had or been liable to, had no division of the State 
been made. And we have also made a division of the lands 
belono-ino; to the said Commonwealth and State, within 
the towns of Ellsworth, Surry, and Lubec, and township 
number twenty-three west of Machias, excepting a lot in 
Ellsworth, heretofore reserved for the future use of Gov- 
ernment, in manner following, to wit : We have divided 
and allotted to the Commonwealth of Massachusetts in 



224 DOCUMENTS RELATING TO THE 

severalty, the land in the town of Surry, containing seven 
thousand eiirht hundred and forty acres ; the land in the 
town of Lul)oc, containing eight thousand three hundred 
and forty-five acres ; the northerly half part of the easterly 
half of township number twenty-three, west of Machias, the 
dividing line between the north and south half, to begin on 
the west line of Machias, at a point one hundred and twenty 
rods south of the northwest corner of said Machias, and to 
run westerly in a parallel line with the north line of said 
township number twenty-three to the east line of Bluehill 
Academy lands, containing seven thousand two hundred 
and ninety acres, and also in the town of Ellsworth, lots 
numbered two hundred and thirtj^-four, and number two 
hundred and twenty-two, excepting therefrom so much of 
said last mentioned lot as is included in the contract made 
by the said Commonwealth with Charles Jarvis ; number 
two hundred and seventeen, number two hundred and five, 
number two hundred, number one hundred and seventy- 
five, number one hundred and eighty, and so much of lot 
number one bundled and eighty-three as lies southerly of 
Reed's Pond, so called ; the whole quantity estimated to be 
twelve hundred and four acres, as said lots are marked and 
designated upon the plan made and returned by said Silas 
Holman, Esq. to the Commissioners, containing in the 
whole of said division twenty-four thousand six hundred 
and seventy-nine acres. And to the share of the said State 
of Maine, we have allotted and assigned in severalty the 
southerly half part of said half township number twenty- 
three west of xMachias, to be divided from the northerly 
half part by the dividing line aforesaid, containing seven 
thousand two hundred and ninety acres, and all the lands 
in the town of Ellsworth, belonging to said Commonwealth 
and State, except the lots and lands herein before divided 
and assigned to the said Commonwealth, and also excepting 



TERRITORIAL HISTORY OF MAINE. 225 

said lot reserved for the future use of Government ; together 
with the right, title and interests of the said Common- 
wealth, in three lots of land in said town under contract by 
the said Commonwealth, to Charles Jarvis, and the contract 
so made in the existing state of said contract, the said State 
to have all the rights and be subject to all the duties and 
obligations of said Commonwealth, by virtue of said con- 
tract, computed to contain including said lots so contracted 
to said Jarvis, about fourteen thousand one hundred and 
fifty-six acres ; which said shares and divisions so made to 
the said Commonwealth and State respectively, having 
regard to the situation and quality of said lands, we do 
adjudge and determine to be equal the one to the other. 

And we have also divided into two shares to be holden in 
severalty by the said Commonwealth and State respectively, 
the lots reserved by said Commonwealth for the future use 
and appropriation of Government out of the grants and 
conveyances heretofore made, to wit : to the said Common- 
wealth we have divided and assigned the reserved lots in 
the town of Orrington, which contains two hundred acres. 
In the town of Corinth, in the town of Newport, in the 
town of Sangerville, in township number one in the third 
range north of the Waldo Patent, and township number 
one in the fourth range north of said Patent ; township 
number seven in the eighth range, north of said Patent, 
and in Blakesburg and in number one, in the sixth range, 
north of said Patent, in the county of Penobscot, and in the 
town of Ellsworth, in the county of Hancock, each contain- 
ing three hundred and twenty acres ; and in the county of 
Washington, the reserved lots in the towns of Jones- 
borough, Denneysville and Perry, each containing two hun- 
dred acres ; and the reserved lot in the town of Columbia, 
containing three hundred and twenty acres, and in town- 
ship number three, in the first range, west of the Schoodic 

Vol. II. 16 



226 DOCUMENTS RELATING TO THE 

river, three thousand three hundred and twenty acres, and 
in township number one, in the fourth range, out of the 
grant to Williams College, six hundred and twenty acres, 
and in each of the following townships, to wit : number 
eighteen, north of Machias, number thirteen adjoining 
Machias, number fourteen, east of Machias, the reserved 
lots containing three hundred and twenty acres each ; and 
in township number ten, east of Machias, the reserved lot 
containing two hundred acres ; and in the Portland Acad- 
emy grant, one hundred and sixty acres ; and in township 
number one, range first, west of Schoodic liiver, three hun- 
dred and twenty acres ; and in the County of Kennebec, 
the reserved lots in the towns of Chesterville and Temple, 
each containing three hundred and twenty acres ; and in 
the County of Somerset, the reserved lots in each of the 
following towns to wit : Madison, Anson, Avon, Phillips, 
Palmyra, Corinna and Freeman, each containing three hun- 
dred and twenty acres ; and the reserved lots in townshi[) 
number five, in the sixth range, north of the Waldo Patent, 
containing three hundred and twenty acres ; and in town- 
ship number five, in the second range, north of the Waldo 
Patent, containing one hundred and sixty acres ; and in the 
County of Oxford, the reserved lots in each of the follow- 
ing towns and townships, to wit: in Dixfield, Andover, 
Number six, between Kennebec and Androscoggin Rivers ; 
Number eight, between said rivers ; Number two, in the 
first range, west of Bingham's Kennebec Purchase ; Num- 
ber three, in the second range, west of said Purchase ; 
Number five, in the third range, west of said Purchase ; 
Number four, in the fourth range, west of said Pur- 
chase ; Number three, in the third range, west of said 
Purchase ; Number five, in the second range, adjoining 
New-Hampshire ; Township marked letter B ; Township 
marked letter E ; Township marked A2 ; and Township 



TERRITOKIAL HISTORY OF MAINE. 227 

number one, the south side of Androscoggin River ; each 
of said reserved lots containing three hundred and twenty 
acres j the reserved lot in the town of Sumner, containing 
two hundred acres ; and Andover surplus containing one 
hundred and sixty acres ; making in the whole, seventeen 
thousand seven hundred and eighty acres, which we assign 
and allot to the Commonwealth of Massachusetts. And we 
have divided and allotted to the said State of Maine, to 
hold in severalty the reserved lots in the several towns 
and townships following : In the county of Penobscot, in 
the towns of Carmel, New Charlestown, Brownville, Wil- 
liamsburg and Atkinson, and in townships number three, 
in the seventh range, north of the Waldo Patent, and num- 
ber three, in the sixth range, north of said Patent, each 
containing three hundred and twenty acres, and the re- 
served lot in the half township number three in the eighth 
range north of said Patent, containing one hundred and 
sixty acres ; and in the county of Hancock, the reserved 
lots in number eight, and in the Gore adjoining Ellsworth, 
each containing three hundred and twenty acres ; and in 
the county of Washington, the reservation in township 
number three in the second range, west of Schoodic river, 
containing three thousand three hundred and twenty acres, 
and in township number twelve or Orangetown, containing 
two thousand eight hundred acres, and in the town of 
Calais, the reserved lot containing three hundred and 
twenty acres, and in the county of Kennebec, the reserved 
lots in the town of New-Sharon, containing three hundred 
and twenty acres ; in the county of Somerset, the reserved 
lots in the respective towns of Stnmg, Solon, New- Vine- 
yard, Cornville, St. Albans, Ripley and New-Portland, and 
in township number eight, in the eighth range, north of the 
Waldo Patent, in township number three, first range, north 
of Plymouth Company, and in township assigned to the 



228 DOCUMENTS RELATING TO THE 

Proprietors of the Kennebec purchase, north of Moosehead 
hike, each containing three hundred and twenty acres ; and 
in the county of Oxford, the reserved lots in the several 
towns and townships, following to wit : the town of Albany, 
Weld and township number four between Kennebec and 
Androscoggin river, and in township number seven, between 
said rivers, and in township number one, in the first range, 
west of Bingham's Kennebec Purchase, number three, in 
said range, number four, in the third range, west of said 
Purchase, and in number two in said third range, number 
five, in the fourth range, west of said Purchase, number 
two, in said second range, township marked letter C, town- 
ship marked letter D, township marked letter A, No. 1, 
township marked letter A, No. 3, or Newry, each of said 
reserved lots, containing three hundred and twenty acres, 
and also in the towns of Hartford and Bucktield, each con- 
taining two hundred acres, amounting in the whole, to sev- 
enteen thousand eight hundred and eighty acres, which said 
divisions and allotments to the said Commonwealth and the 
said State respectively, we do adjudge and determine hav- 
ing regard to situation and quality, to be equal the one to 
the other. 

And we have also divided and allotted to the said Com- 
monwealth and the said State, in severalty, the lots reserved 
for the future use and appropriation of the Commonwealth 
within the tracts of land heretofore conveyed to William 
Bingham. To the said Commonwealth, we have divided 
and allotted all the lots reserved in the several tracts of 
land conveyed to said Wm. Bingham, by the said Common- 
wealth, situated in the counties of Hancock and Washing- 
ton, except that portion of said reserved lots in the lands 
conveyed to said Bingham, on the twenty-eighth day of 
January, seventeen hundred and ninety-three, by deed 
marked number one, of townships number 7, 8, 9, 10, 11 



TERRITORIAL HISTORY OF MAINE. 229 

and 12, in the margin of the record of deeds in the land 
office book, number two page one hundred and eighty, 
amounting in the whole exclusive of said excepted lots, to 
sixteen thousand seven hundred and forty-seven acres, to 
hold to the said Commonwealth in severalty. And to the 
said State of Maine, we have divided and allotted the said 
reserved lots in the tracts of land conveyed to said William 
Binsfham, which are situated in the counties of Somerset 
and Oxford, called said Bingham's Kennebec purchase, con- 
taining in the whole, fifteen thousand five hundred and sev- 
enty-three acres, to hold to the said State of Maine in 
severalty, and we do adjudge and determine that the said 
shares and divisions so allotted, having regard to situation 
and quality are equal the one to the other. And we have 
divided and allotted the Islands in the said State, which by 
a report of George W. Coffin, Esquire, agent of the land 
office of the Commonwealth of Massachusetts, appeared to 
remain as the property of the said Commonwealth. And 
we have divided and allotted to the said Commonwealth 
and said State respectively, all the right, title and interest 
which the said Commonwealth, or the said Commonwealth 
and the said State had or might have in said Islands here- 
after named and described ; a particular description of 
them being; given in the books in the said land office to 
which we refer, to wit : to the Commonwealth of Massa- 
chusetts, we have divided and allotted in severalty, Monhe- 
gan Island, containing one thousand acres ; Allen's Island, 
ofi* the mouth of George's river, containing three hundred 
acres ; Wooden Ball Island, near Matinicus, containing one 
hundred seventeen acres and three fourths of an acre ; 
Brimstone Island, between Ten pound Island and Matini- 
cus, containing thirty acres; Little green Island, ofi'Thom- 
aston, containing twenty-five acres; Black Island, north of 
the Isle of Holt, containing fifty acres and three fourths of 



230 DOCUMENTS RELATING TO THE 

an acre ; Island marked G, north of said Islo of Holt, con- 
taining four acres ; Poor Island, near Deer Island thorough- 
fare, containing thirty acres ; Island marked V, near said 
thoroughfare, containing three acres ; Island marked W, 
near said thoroughfare, containing three acres ; Island 
marked X, near said thoroughfare, containing two acres ; 
Island marked M, near said thoroughfare, containing twen- 
ty-eight acres; Island marked I, near said thoroughfare, 
containing forty-three acres ; Camp Island, near said thor- 
oughfare, containing forty-six acres and three fourths of an 
acre ; Island marked H, near said thoroughfare, containing 
twenty-nine acres and one fourth of an acre ; Indian Island, 
near said thoroughfare, containing twenty-nine acres and 
one fourth of an acre; Ash, or Saddleback Island, near 
said thoroughfare, containing fifty-four acres ; Island 
marked D, near said thoroughfare, containing four acres ; 
Island marked E, near said thoroughfare, containing four 
acres ; Island marked K, near said thoroughfare, containing 
nine acres ; Island marked L, near said thoroughfare, con- 
taining six acres ; Island marked Z, near said thoroughfare, 
containing two acres ; White Island, in Egamoggin reach, 
containing eleven acres ; Moose Island, in Bluehill bay, 
near Mount Desert, containing fifty acres ; Island marked 
D, in said Bay, containing eight acres and an half of an 
acre ; Ship Island, in said bay, containing seven acres and 
three fourths of an acie ; Island marked B, between Mount 
Desert and Bartlet's Island, containing seven acres and 
an half of an acre ; Holt's Island, in carrying place bay, 
between Newbury neck and Bluehill, containing twelve 
acres ; Island marked A, in Mount Desert bay, containing 
eight acres and three fourths of an acre ; Small Island, 
opposite Heard's bay, containing four acres ; Hopkin's 
Island, in Mount Desert bay, containing one hundred and 
seventeen acres ; Island marked A, east of Thomas's Island, 



TERRITORIAL HISTORY OF MAINE. 231 

in Frenchman's bay, containing two and an half acres ; 
Island marked B, situated near the last, containing three 
acres ; Black Island in Frenchman's bay containing three 
acres; Burnt Island, in said bay, containing three acres; 
Petit Manan Island, south of Steuben, containing sixty 
acres ; Birch Island, in Pleasant River bay, between Addi- 
son and Harrington, containing twenty acres; Tebut's or 
O. Island, in Mispecky reach, containing eleven acres ; 
Island H, containing forty-nine acres ; Island I, containing 
five and an half acres ; Island E, containing ten and an half 
acres ; Island G, containing twenty-eight acres ; the four 
last mentioned Islands being a little southerly of Mispecky 
reach ; Soward's Island, in Flander's bay, near Goulds- 
borough, in Frenchman's bay, containing seven acres ; Bar 
Porcupine Island, in Frenchman's bay, near Mount Desert 
Island, containing fifty acres ; Island marked B bar, or 
Birch Island, situated near the last island, containing three 

acres ; Ragged Island, near Matinicus, containing two 

hundred and twenty-seven acres ; Great Green Island, near 
Matinicus, containing ninety-five acres ; Matinic Island, 
near Matinicus, containing three hundred acres ; Sevey's 
Island, near Allen's Island, containing forty acres ; M'Cobb 
Island, ofi" Thomaston, containing thirty acres ; Hay Island, 
near Matinicus, containing ten acres ; Mananas Island, near 
Monhegan, containing forty acres; Island marked M, a 
little south of Mispecky reach, containing three acres; 
Island Q, a little north of Mispecky reach, containing three 
acres ; Island marked R, situated near the last mentioned 
island, containing five acres ; Island marked S, situated 
near the two last islands, containing four acres ; Island 
marked T, containing one acre and one fourth of an acre ; 
Island marked H, containing two acres, each situated a lit- 
tle northerly of Mispecky reach ; Head Island, near the 
west end of little Deer Island, containing eight acres. 



232 DOCUMENTS RELATING TO THE 

And to the said State of Maine, all the right, title and 
interest, which the said Commonwealth or the said Com- 
monwealth and said State had, or might have, in the 
following Islands, to wit : Great Isle of Holt, south of Deer- 
Island, containing four thousand one hundred acres ; White 
or mark hands Island, north of the Isle of Holt, containing 
one hundred and eighty-six acres ; Birch Point Island, off 
the north part of the Isle of Holt, containing nine acres ; 
Spoon Island, east of the Isle of Holt, containing fifteen 
acres ; Bear Island, containing forty-six acres and three- 
fourths of an acre; Round Island, containing twenty-nine 
acres and one fourth of an acre ; Island marked A, contain- 
ing twenty acres ; Island marked R, containing twenty 
acres and three-fourths of an acre ; Island marked P, con- 
taining twenty-four acres and one-fourth of an acre : Mark 
Island, containing ten acres; the six last mentioned Islands 
situated north of the Isle of Holt; Island marked F, near 
Deer Island thoroughfare, containing ten acres ; Island 
marked N, west of the Isle of Holt, containing twenty acres ; 
Island marked B, south of the Isle of Holt, containing seven 
acres; Easton's Island, containing twelve acres; and Tent 
Island, containing six and an half acres ; each situated 
southwest of Little Deer Island ; Partridge Island, between 
Little Deer Island and Tent Island, containing seven acres ; 
Island marked D, containing twelve acres and three-fourths 
of an acre; Island marked F, containing sixty-two and an 
half acres; Harbour Island, containing forty-two acres and 
three-fourths of an acre ; Black Island, containing ninety- 
two and three-fourths of an acre ; Island B, containing 
twenty-eight acres ; each of the five last mentioned Islands 
situated in Egamoggin Reach; Diana's Island, southwest of 
Little Deer Island, containing seven acres ; Burnt Island, 
off the mouth of George's River, containing two hundred 
and twenty acres ; Green Island, containing ten acres, near 



TERRITORIAL HISTORY OF MAINE. 233 

the south end of Matinic ; Matinicus, containing seven hun- 
dred and forty -four acres ; Noman's Land Island, northeast 
of Matinicus about a mile, containing twenty acres; Ten 
Pound Island, near Matinicus, containing twenty acres ; 
Wheaton's Island, joined to Matinicus by a bar, containing 
ten acres ; Seal Island, near Matinicus, containing sixty-five 
acres. And we do adjudge that the said right, title and 
interest so assigned and divided to the said Commonwealth 
and said State respectively are, considering the situation 
and quality, equal the one to the other. 

To have and to hold to the Commonwealth of Massachu- 
setts, and their assigns, the lands above allotted to them in 
severalty ; and to the State of Maine, and their assigns, the 
lands above allotted to them in severalty. And it is 
expressly agreed that the lands so divided and allotted as 
aforesaid, are to be taken as they now are, without any 
allowance for any mistake, former conveyance, or defect of 
title whatever, and that there shall be no claim of either 
upon the other for or on account of any irregularity in said 
division, from any cause whatever. 

In witness whereof, we the said Commissioners, have to 
these presents interchangeably set our hands and seals, 
this twenty-eighth day of December, in the year of 
our Lord one thousand eight hundred and twenty-two. 

LEVI LINCOLN, L. S. 

JAMES BRIDGE, L. S. 

GEORGE BLISS, L. S. 

BENJ. J. PORTER, L. S. 

SILAS HOLMAN, L. S. 

DANIEL ROSE. L. S. 

Attest, James L. Child, Secretary. 



234 DOCUMENTS RELATING TO THE 



CXXXIV. 

CESSION OF LANDS TO THE STATE OF MAINE FOR 

SUPPORT OF THE INDIANS, BY COMMISSIONERS 

UNDER THE ACT OF SEPARATION. 

December 28, 1<522. 

Sources. 

Another act of the commissioners, December 28, 1822, 
was the cession of lands within the State ot Maine to the 
value of thirty thousand dollars for support of the Indians, 
in accordance with Article V., section 1, of the Act of 
Separation. 

The cession was printed with " Resolves of the Third 
Legislature of the State of Maine" (Portland, 1823), 
Appendix, 278-280, which is the text adopted. 

Text. 

WHEREAS, in and by a certain act of the Common- 
wealth of Massachusetts, passed the nineteenth day of 
June, in the year of our Lord, one thousand eight hundred 
nineteen, entitled "An act relating to the separation of the 
District of Maine from Massachusetts proper, and forming 
the same into a separate and independent State ; " it was 
among other things, provided that the lands in the said 
District belonging to said Commonwealth, should be divided 
in severalty, one moiety to the said Commonwealth, and the 
other moiety to the State, to be formed within the said Dis- 
trict, by Commissioners to be appointed as is in and by the 
said act provided. And whereas, pursuant to said provision 
in part execution thereof, the Commissioners appointed in 
conformity to said act, have divided to the said Common- 
wealth, certain tracts and parcels of land to be holden by 
said Commonwealth in severalty, as particularly described 



TERRITORIAL HISTORY OF MAINE. 235 

in and by a certain instrument by them subscribed, bearing 
date the twenty-eighth day of December, in the year of 
our Lord one thousand eight hundred and twenty-two. 
And whereas, in and by said act, it was among other things 
further provided that the said commission should set off by 
metes and bounds, so much ot any part of the land within 
the District aforesaid, falling to the said Commonwealth in 
the division of the public lands to them to be made, as in 
their estimation should be of the value of thirty thousand 
dollars, as an indemnification to the said new State, for 
assuming and performing all the duties and obligations of 
the said Commonwealth towards the Indians in said Dis- 
trict : These presents witness, that we, Levi Lincoln, James 
Bridge, George Bliss, Benjamin J. Porter, Silas Holman 
and Daniel Rose, Esquires, Commissioners appointed 
according to the provisions of said act, have set off, and do 
hereby set off, by metes and bounds, the following tracts 
or parcels of land falling to the said Commonwealth in the 
said division, to wit : River township number three, in the 
third range, township number six, third range, township 
number seven, third range, township number eight, third 
range, township number nine, third range, township num- 
ber ten, third range, township number eleven, third range ; 
River township number four, belonging to the fourth range, 
township number six, fourth range, township number seven, 
fourth range, township number eight, fourth range, town- 
ship number nine, fourth range ; all said townships lying 
east of the Penobscot river. Township number two, in the 
ninth range, township number three, ninth range, and that 
part of township number two, in the seventh range, not 
heretofore granted ; these three last townships lying west 
of said Penobscot River, and north of the Waldo Patent ; 
also township number one in the seventh range, half town- 
ship number six, in the ninth range, township number two, 



236 DOCUMENTS KELATING TO THE 

in the eighth range, and township number four in the eighth 
range ; all said townships lying west of the Penobscot 
River, containing in the aggregate of all the lands so set 
off as aforesaid, three hundred and ninety-five thousand 
nine hundred and seventy-six acres, as said townships are 
laid down and delineated on a plan made by Silas Holman 
and Daniel Rose, Esquires, dated December the twenty- 
sixth, in the year of our Lord one thousand eight hundred 
and twenty-two, and are particularly described in a report 
of the said Holman and Rose, made to the Commissioners, 
bearing date December 19th, 1822, accompanying which 
report is a schedule of the several surveys of the lines and 
boundaries made by order of the said Commonwealth, and 
by order of said Commissioners, to which reference is to 
be had ; and the said Commissioners do set off the said 
lands by the metes and bounds of said townships as delin- 
eated upon the plan, and described in the report of said 
Holman and Rose, and do estimate the same to be of the 
value of thirty thousand dollars. 

In testimony whereof, we the said Commissioners, 
have to this instrument set our hands and seals this 
twenty-eighth day of December, in the year of our 
Lord one thousand eight hundred and twenty-two. 
LEVI LINCOLN, (L. S.) 
JAMES BRIDGE, (L. S.) 
GEORGE BLISS, (L. S.) 
BENJ. J. PORTER, (L. S.) 
SILAS HOLMAN, (L. S.) 
DANIEL ROSE. (L. S.) 



TERRITORIAL HISTORY OF MAINE. 237 



cxxxv. 

REPORT ON LOCATION OF THE SEAT OF GOV- 
ERNMENT, BY A COMMITTEE APPOINTED 
BY THE LEGISLATURE. 

January [13], 1823. 

Sources. 

The report of the committee appointed according to a 
resolve of the legislature, February 9, 1822, on the location 
of a permanent seat of government was presented in favor 
of Augusta ; in 1828 the committee on the location of 
public buildings made choice of Weston's Hill, or " Capitol 
Hill ; " and in 1829 they adopted the Bulfinch plans for a 
building similar to the State House in Massachusetts, 
although on a somewhat reduced scale. 

In the history of the State the importance of the public 
lands is shown by a study of the earlier legislative docu- 
ments. Although for the erection of the Capitol public 
lands were appropriated, in 1830, however, rather than to 
make a further appropriation, the governor in his annual 
message urged a loan of $25,000 to complete the building. 

The report of the committee on the location of the seat 
of government was printed with " Resolves of the Third 
Legislature of the State of Maine" (Portland, 1823), 
Appendix. 288, 289, which is the text adopted. 

Text. 

To the Senate and House of Representatives of the State 
of Maine: 

The Committee appointed in pursuance of a Resolve of 
this State, of the 8th day of February, 1822, authorizing 
and directing them " to visit such towns as they might 
deem proper, and designate some central and suitable place 
at which the seat of Government may be permanently fixed 



238 DOCUMENTS RELATING TO THE 

and established ; to ascertain the terms upon which a con- 
venient lot for the accommodation of the State can be 
obtained ; and the time when it will be proper for the Legis- 
lature to meet at the place thus to be designated ;" ask leave 
to REPORT : — 

That they have attended to the duty assigned them. That 
they might be enabled more correctly to determine upon the 
place, which in their opinion would be the most central and 
suitable for a permanent establishment of the Seat of Gov- 
ernment ; and ascertain the terms upon which a convenient 
lot for the accommodation of the State might be obtained ; 
they have visited the following towns, viz : Portland, Bruns- 
wick, Hallowell, Augusta, Waterville, Belfast and Wis- 
casset. In each of those towns, (following the directions 
of the before mentioned Resolve,) they were received by 
the respectable inhabitants with the most gratifying polite- 
ness ; and in each of those towns a choice of very valuable 
lots are freely offered to the acceptance of the State for the 
purposes proposed; each of which lots (in the opinion of 
the committee) is capable of affording not only a convenient, 
but a very eligible site, for the erection and accommodation 
of all necessary public buildings. It cannot be necessary, 
nor perhaps is it expedient, that the committee should 
report in detail, all the arguments suggested, by situation 
and circumstances, which have been offered and urged upon 
the committee in favor of any one of the before mentioned 
towns, in preference to any other of them, or to any other 
place. It may be sufficient to observe, that the committee 
have endeavored to give every consideration its due weight. 
They are satisfied, that should it be thought most expedient 
to establish the Seat of Government in any town upon the 
sea board, Wiscasset is entitled to a decided preference on 
account of its more central situation, the facility with which 
it might be defended, in case of an invasion, and the safe 



TERRITORIAL HISTORY OF MAINE. 239 

and easy access to it by water, at all seasons of the year. 
Should it be thought most expedient that the Seat of Gov- 
ernment be permanently established at some convenient 
place in the interior, the committee are unanimously of 
opinion that the site in Augusta, delineated upon a plan 
marked No. 1, accompanying the proposals offered by the 
inhabitants of said town, and subscribed by a committee 
appointed for that purpose, is the most central and suitable 
place, at which the Seat of Government may be permanently 
fixed and established. And the committee do respectfully 
report. That the town of Augusta, in the county of Kenne- 
bec, be the place at which the Seat of Government may be 
permanently fixed and established. And it will be proper 
for the Legislature to meet at that place, on the first 
Wednesday of January, which will be in the year of our 
Lord one thousand eight hundred and thirty^. 
All of which is respectfully submitted by 

DANIEL ROSE, 

BENJAMIN GREENE. 



J 



Committee. 



CXXXVI. 

FURTHER DIVISION OF THE PUBLIC LANDS, 

BY COMMISSIONERS UNDER THE ACT OF 

SEPARATION. 

May 21, 1833. 

Sources. 

The commissioners under the Act of Separation made 
another division of the public lands, May 21, 1833, having 
regard, as before, " to quantity, situation, and quality." 

» This Report was amended in the Senate by striking out the words " twenty- 
$even " and inserting " thirty,'" and accepted, as amended, by both Houses of the 
Legislature. 



240 DOCUMENTS KELATING TO THE 

The report was printed with "Resolves of the Fourth 

Legishiture of the State of Maine" (Porthind, 1824), 

Appendix, 364-369, which is the source adopted for this 
reprint. 

Text. 

Whereas, in and by a certain act of the Commonwealth 
of Massachusetts, passed the nineteenth day of June, in the 
year of our Lord, one thousand eight hundred and nineteen, 
entitled "An Act relating to the separation of the District 
of Maine from Massachusetts proper, and forming the same 
into a separate and independent State," it was among other 
things, enacted that all the lands belonging to the Com- 
monwealth within the District of Maine, should belong the 
one half thereof to the State to be formed within the said 
District, to be divided by Commissioners to be appointed, 
as in and by the same act, was provided, between the 
respective States in equal shares or moieties in severalty, 
having regard to quantity, situation, and quality. 

Now therefore, know all men by these presents, that we, 
Levi Lincoln, James Bridge, George Bliss, Benjamin J. 
Porter, Silas Holman, and Daniel Rose, Esquires, Commis- 
sioners, appointed according to the provisions of the afore- 
said act, in part execution of the powers vested in us by 
virtue of said act, have divided, assigned, and set out in 
severalty, the following tracts and parcels of laud to the 
Commonwealth of Massachusetts and to the State of Maine 
respectively, in severalty — to wit: to the Commonwealth 
of Massachusetts, the following townships and parts of 
townships lying between William Bingham's Kennebec pur- 
chase and New-Hampshire line, surveyed by Ephraim Bal- 
lard and Lemuel Perham, in the year 1794, for a particular 
description of them reference being had to their field books 
and a map in the land-office of the Commonwealth aforesaid, 
and under their hands, containing a plan of twenty-two 



TERRITORIAL HISTORY OF MAINE. 241 

townships ; and the numbers and ranges of townships are 
designated on Greenleafs map of the State of Maine, to 
wit : township number four in the first range containing 
twenty-four thousand four hundred and eighty acres ; num- 
ber four in the second range containing twenty-three thou- 
sand and forty acres ; also the north part of township 
number one, in the fourth range which has not been con- 
veyed to Bath Academy, containing eleven thousand five 
hundred and twenty acres ; number two in the fourth range, 
containing twenty-three thousand and forty acres ; also the 
following townships surveyed by said Ephraim Ballard and 
Phillip Bullen, in the year 1796, for a particular description 
whereof reference is to be had to the field books and a plan 
signed by them in said land o£Bce ; and for the number 
and ranges of townships reference is also to be had to said 
Greenleafs map, to wit : township number one in the fifth 
range of townships, containing twenty two thousand and 
eighty acres ; number four in the said fifth range, contain- 
ing twenty three thousand and forty acres ; number three 
in the sixth range, containing twenty six thousand eight 
hundred and eighty acres ; number four in the sixth range, 
containing twenty nine thousand five hundred and eighty 
acres. Also the following townships surveyed by John 
Neal and Thomas McKechnie, in the year 1811, and by said 
Neal in 1812, for a description thereof, reference being had 
to their field books and a map in the land office of said 
Commonwealth, signed by said John Neal and reference for 
the number of the townships and for the ranges of them is 
to be had to Greenleafs said map and said Neal's plan afore- 
said ; number one in the seventh range of said townships 
containing twenty thousand two hundred acres ; number 
two in the same last mentioned range containing twenty 
thousand and two hundred acres ; the numbers of the town- 
ships where they vary are to be taken according to said 
Vol. II. 17 



242 DOCUMENTS RELATING TO THE 

maps and not according to the field books. The whole of 
the above lying between said Bingham's purchase and New- 
Hampshire line. Also the following townships lying north 
of said Bingham's Kennebec million acre purchase so called, 
reference for the numbers and ranges of the townships to 
be had to said Neal's plan and said Greenleaf's map afore- 
said, viz. : number three in the second range containing 
twenty three thousand and forty acres ; number three in 
the third range containing twenty-three thousand and forty 
acres ; number three in the fourth range containing t\venty 
three thousand and forty acres ; number three in the fifth 
range, containing twenty-three thousand and fort}' acres ; 
number four in the second range, containing twenty three 
thousand and forty acres ; number five in the first range, 
containing twenty three thousand and forty acres ; number 
six in the third range, containing twenty three thousand and 
forty acres ; number five in the second range, containing 
twenty three thousand and forty acres. Also township 
number nine, situated in the County of Washington, and 
delineated on the plan of a survey of ten townships of land 
made by Alexander Greenwood and Roland Holden, in the 
year 1811, lying on the St. Johns road so called, contain- 
ing twenty three thousand and forty acres. Also three 
hundred acres of land in the town of Orland ; three hundred 
acres of laud in the towns of Penobscot and Castinc, and 
three hundred acres of land in the town of Surry ; making 
in the whole of the three last mentioned parcels nine hun- 
dred acres, reserved for the future appropriation of the 
Commonwealth. Also all the right which the said Com- 
monwealth and State have in the following lots lying in the 
town of Hermon, formerly number two in the second range, 
north of the Waldo patent, to wit: number one, number 
two, number three, number four, number six, number nine, 
number eleven, number seventeen, number twenty one, 



TERRITORIAL HISTORY OF MAINE. 243 

each containing one hundred acres, according to Salem 
Town's return of Andrew Strong's plan and survey, dated 
October 30, 1804, now in the said land office. Also all the 
right of the said Commonwealth and State, to the following 
lots in the town of Hampden, to wit: lot number one, lot 
number thirty six, lot number thirty seven, lot number 
thirty eight, lot number forty three, lot number ninety six, 
lot number one hundred and four, lot number one hundred 
and sixty, lot number one hundred and sixty six, each con- 
taining one hundred acres according to Ephraim Ballard's 
plan of a survey made in Ma}^ and June 1796, and Park 
Holland's return thereof, dated September 12th, 1803, in 
the land office. Three hundred acres of the above last 
mentioned lots having been paid for, as we have understood 
by the respective settlers thereon, but it cannot now be 
ascertained which of said lots have been paid for : Also all 
the right of the said Commonwealth and State to the follow- 
ing lots in the town of Newburgh, formerly township num- 
ber two in the first range, north of the Waldo patent, to wit : 
number four, number seven, number eight, number ten, num- 
ber fourteen, number thirty two, and number forty; each 
containing one hundred acres, according to Salem Town's 
survey and plan, dated March 5th, 1804, in said land office. 
The said lots in the said three last mentioned towns to be 
subject to the claims or rights which any person or persons, 
may have to them, and the said Commonwealth to perform 
all that the said Commonwealth would have been holden to 
perform, had not said act of separation passed. Also all 
the right which the said Commonwealth and State have in 
and unto a lot of land in Brownfield, contracted to be sold 
to Joseph Howard, Oct. 13th, 1819, together with all the 
right and title to the contract of said Howard, and the 
money thereby secured to be paid ; and the said Common- 
wealth would have been holden to perform had not the said 



244 DOCUMENTS RELATING TO THE 

act of separation passed. Also all the right of the said 
Commonwealth and the said State, in and to Trafton Island 
and Gourd Island, lying in Narragiiagus Bay, contracted to 
be sold to James Campbell, by contract, bearing date June 
22d, 1819, together with all the right to the contract of said 
Campbell, and the money thereby secured to be paid, and 
the said Commonwealth to perform whatever the said Com- 
monwealth would have been holden to perform had not said 
act of separation passed. 

And to the State of Maine the following townships and 
parts of townships lying between William Bingham's Ken- 
nebec purchase, so called, and New-Hampshire line, surveyed 
by Ephraim Ballard and Lemuel Perham, in the year 1794, 
for a particular description of them reference being had to 
their field books, and a map containing a plan of twenty two 
townships under their hands, in the land office of the said 
Commonwealth ; and the numbers of the townships and 
ranges are also designated on Greenleat's map of the State 
of Maine, to wit : townships number five in the first range, 
containing thirty one thousand seven hundred and eighty 
acres ; numljcr one in the second range, containing twenty 
three thousand and forty acres ; also the south half part of 
township number one in the third range, containing nine 
thousand four hundred and eighty acres; number three in 
the fourth range, containing twenty three thousand and 
forty acres. Also the following townships and parts of 
townships surveyed by said Ephraim Ballard and Phillip 
Bullen, in the year 1796, for a i)articular description of 
them, reference to be had to the field books, and a plan 
signed by them remaining in said land office; and for the 
numbers and ranges of townships, reference is also to be 
had to Greenleafs aforesaid map, to wit : township number 
two in the fifth range, containing twenty three thousand 
and forty acres ; number three in the fifth range, containing 



TERRITORIAL HISTORY OF MAINE. 245 

twenty three thousand and forty acres ; also part of number 
five in the fifth range, not sold or granted, containing three 
thousand five hundred and twenty eight acres ; number one 
in the sixth range, containing twenty five thousand nine 
hundred acres ; number two in the sixth range, containing 
twenty six thousand eight hundred acres. Also the follow- 
ing township, surveyed by John Neal and Thomas 
McKechnie, in the year 1811, and by said Neal in 1812, 
l3'ing northwesterly of said Bingham's purchase, for a 
description thereof, reference to be had to their field books 
and a map, signed by said John Neal, in said land office ; 
the numbers and ranges of townships to be regulated by 
said map, and also Greenleaf's map of said State, and not 
by the numbers mentioned on their field books, to wit : 
township number one in the eighth range, containing twenty 
three thousand and forty acres ; and number two in the 
eighth range, containing twenty thousand and two hundred 
acres. Also the following townships lying north of Bing- 
ham's Kennebec million acre purchase, so called, reference 
for the numbers and ranges of the townships to be had to 
said Neal's plan, and said Greenleaf's map aforesaid, to wit : 
number four in the first range, containing twenty three 
thousand and forty acres ; number four in the third range, 
containing twenty three thousand and forty acres ; number 
four in the fourth range, containing twenty three thousand 
and forty acres ; number four in the fifth range, containing 
twenty three thousand and forty acres ; number three in the 
first range, containing twenty three thousand and forty 
acres ; number six in the first range, containing twenty 
three thousand and forty acres ; number six in the second 
range, containing twenty three thousand and forty acres ; 
also number ten, situated in the county of Washington, and 
delineated on the said Greenwood and Holden's plan afore- 
said, lying on the said St. John's road, containing twenty 



246 DOCUMENTS RELATING TO THE 

five thousand seven hundred and thirty two acres ; also half 
township number eleven, situated in the county of Wash- 
ington, and delineated on said Greenwood and Holden's 
said plan, containing eleven thousand five hundred and 
twenty acres ; also three hundred acres in the town of 
Buckspoii: ; three hundred acres in the town of Bluehill, 
and three hundred acres in the town of Sedgwick, making 
in the whole of the three last mentioned lots, nine hundred 
acres, which were reserved for the future appropriation of 
the Commonwealth ; also all the right which the said Com- 
monwealth and State now have in the following lots in the 
town of Bangor, to wit : numbers thirty six, forty, fifty 
seven, eighty five, ninet}^ three, one hundred and one, one 
hundred and four, each containing one hundred acres, as 
delineated on a plan and survey, made by Park Holland, 
dated November 30th, 1801, now in said land office; also 
twenty one acres and seventy one rods of land in the town 
of Sanford, in the county of York, as delineated on John 
Hanson's plan in the said land office, returned by Lothrop 
Lewis in February, 1808. The whole of the said lots to be 
subject to the claims which any person or persons may have 
to them, and the said State to perform all that the said 
Commonwealth would have been holden to perform had not 
said act of separation passed ; also a tract of land between 
the towns of Raymond and Standish, in the county of York, 
[Cumberland] containing eight hundred & forty acres, 
according to a plan in the said laud office signed by Lothrop 
Lewis, and dated January 10th, 1808; also two lots on 
Iron-bound Island, in Frenchman's Bay, in the possession 
of George Chiscut and Barnabas Young, containing two 
hundred acres ; also all the right which the said Common- 
wealth and said State have to the following lots of land in 
the town of Penobscot, as delineated and described on a 
plan of part of said town, signed by Lothrop Lewis, 



TERRITORIAL HISTORY OF MAINE. 247 

Surveyor General, in said land office, dated March 4th, 1820, 
being lands upon which certain awards were made by the 
Commissioners of the land office, bearing date March 6th, 
1820, to wit : seventy four acres, part of lot number fifty 
five ; ten acres, part of lot number sixty four, and ten 
acres, part of number sixty five ; eighty acres, part of lot 
number sixty six ; one hundred forty six acres, part of lot 
number sixty nine ; eighty acres part of lot number sev- 
enty ; eighty acres, part of lot number seventy four ; also 
sixty eight acres, part of lot number seventy six, not here- 
tofore assigned to said Commonwealth ; also lot number 
eighty, containing one hundred and sixty acres; lot num- 
ber eighty five containing one hundred and sixty acres ; also 
eighty acres, part of lot number eighty three ; the said 
State to take the same lots in Penobscot, subject to the 
right which any person or persons may have thereto under 
said awards and to do and perform all things which the said 
Commonwealth would have been holden to do and perform, 
had not said act of se]jaration passed ; reference is to be had 
to the said award of said Commissioners, now in the land 
office for a description of the title to said parts of lots afore- 
said : and whereas there are certain lots in said town oi 
Hermon, which were paid for according to the Resolves 
passed by said Commonwealth before the act of separation 
took effect, we assign the same to said Commonwealth in 
order that such conveyance may be made thereof as would 
have been made, had not said act been passed. 

And we do adjudge that the said right, title and interest 
so assigned and divided to the said Commonwealth and the 
said State, respectively, are, considering the situation and 
quality, equal the one to the other. To have and to hold 
to the Commonwealth of Massachusetts and their assigns, 
the lands above allotted to them, in severalty. And it is 
expressly agreed that the lands so divided and allotted, as 



248 



DOCUMENTS RELATING TO THE 



aforesaid, arc to be taken as they now are without any 
allowance for any mistake, former conveyance or defect of 
title whatever ; and that there shall be no claim of either 
upon the other for or on account of any irregularity in said 
division from any cause whatever. 

In witness whereof, we, the said Commissioners have, to 
these presents, interchangeably set our hands and seals, 
this twenty first day of May in the year of our Lord one 
thousand eight hundred and twenty three. 

LEVI LINCOLN, (Seal.) 

JAMES BRIDGE, (Seal.) 

GEORGE BLISS, (Seal.) 

BENJA. J. PORTER, (Seal.) 
SILAS HOLMAN, (Seal.) 

DANIEL ROSE. (Seal.) 

Attest — JAMES L. CHILD, Secretary. 



CXXXVII. 

FURTHER DIVISION OF THE PUBLIC LANDS, BY 

COMMISSIONERS UNDER THE ACT OF 

SEPARATION. 

December 31, 1825. 

Sources. 

According to surveys which had l)oen made during the 
year 1825, the commissioners under the Act of Separation 
made a further division, December 31, 1825, of the public 
lands belonging in common to Maine and Massachusetts. 

The division of 1825 was printed with *' Resolves of the 
Sixth Legislature of the State of Maine" (Portland, 1826) 
Appendix, 525-528, which is the text adopted. 



TERRITORIAL HISTORY OF MAINE. 249 

Text. 
We George Bliss, Charles Turner, Silas Holman, Benja- 
min J. Porter, Keuel Williams and Daniel Rose, appointed 
Commissioners, pursuant to a certain Act of the Common- 
wealth of Massachusetts, passed the nineteenth day of June 
in the year of our Lord eighteen hundred and nineteen, 
entitled •* An Act relating to the separation of the District 
** of Maine from Massachusetts proper and forming the 
♦' same into a separate and independent State," to divide all 
the public lands belonging to the said Commonwealth in the 
District of Maine, the one half thereof to the said Common- 
wealth, and the other half thereof to the State of Maine in 
equal shares or moities in severalty, having regard to quan- 
tity, situation and quality, in part execution of the powers 
vested in us by virtue of said Act, have divided, assigned 
and set out in severalty to the said Commonwealth and 
State respectively, the following tracts and parcels of land, 
within said State of Maine, to wit : to the said Common- 
wealth of Massachusetts, in the first range of townships on 
the eastern line of said state as surveyed the current year 
by Joseph Norris, and laid down upon his plan thereof, 
dated December 22nd, 1825, certified by the Commission- 
ers, to wit, part township marked B. containing eleven 
thousand five hundred and twenty acres, — township marked 
C. contaming twenty three thousand and forty acres, — and 
township F. containing twenty three thousand and forty 
acres, and in the second range of townships according to 
the same survey and plan, part township A. containing fif- 
teen thousand three hundred and sixty acres, township B. 
containing twenty three thousand and forty acres, township 
C. containing twenty three thousand and forty acres, town- 
ship G. containing twenty three thousand six hundred and 
seventy six acres, and township I. containing twenty three 
thousand and forty acres. And in the tract lying south of 



250 DOCUMENTS RELATING TO THE 

a line run due west from the Monument at the source of 
the St. Croix, surve^^ed the current year ])y Joseph C. 
Norris and Andrew McMilhin, and laid down upon their 
plan, dated December 22nd, 1825, and certified by the 
Commissioners, to wit, township numbered one in the third 
range of townships west of said Monument, containing 
thirty three thousand five hundred and sixty nine acres, 
and township numbered two in the same range, containing 
twenty two thousand eight hundred and eighty six acres, 
township numbered two in the fourth range of townships 
west of said Monument, containing twenty three thousand 
six hundred and ten acres — township numbered one in the 
filth range of townships west of said Monument, containing 
forty four thousand nine hundred and eighty nine acres — 
township numbered two in the same range, containing 
twenty two thousand seven hundred and sixteen acres, and 
township numbered three in the same range, containing 
twenty two thousand one hundred and eighty eight acres — 
township numbered two in the seventh range of townships 
west of said ^Monument containing twenty three thousand 
three hundred and seventy seven acres, and all that part of 
township marked A. in said seventh range, which lies east 
of the Indian townships, and east of the west line of said 
seventh range, except the part lying southerly and easterly 
of said Indian townships, encircled by a dotted line on said 
plan, said to have been recently located by General Herrick 
for the trustees of Hopkins' Academy, containing, exclusive 
of said reservation, twenty thousand nine hundred and 
thirty four acres. And a tract of land east of said Norris' 
and McMillan's survey, north of the fourth range of town- 
ships, east of Penobscot River, and west of Schoodic Bay, 
bounded thus : Beginning in the north line of township 
numbered eight in the fourth range of townships north of 
the Bingham purchase, east of Penobscot River, and in the 
east line of township numbered one, in the third range of 



TERRITORIAL HISTORY OF MAINE. 251 

townships west of the Monument ; thence running due 
north fourteen miles to the main branch of Mattawamkeag, 
thence eastwardly by the Mattawamkeag to the west line of 
township numbered nine, which township is near to 
Schoodic lake, thence south-wardly by the west line of said 
township numbered nine, to the southwest corner thereof, 
thence eastwardly on the south line of said township, num- 
bered nine, and on that line continued to the lake, thence 
southwardly by the lake to the north line of said fourth 
range of townships, and thence westwardly on that line to 
the bound first mentioned (saving and excepting the half 
township located for Hampden Academy) containing, 
exclusive of said reservation, about forty two thousand 
acres, and making the whole quantity of land hereby 
assigned to said Commonwealth of Massachusetts to be four 
hundred and twenty two thousand and twenty five acres. 
And to the said State of Maine in the first range of town- 
ships on the eastern line of said State as surveyed the cur- 
rent year by Joseph Norris, and laid down upon his plan 
thereof, dated December 22nd, 1825, and certified by the 
Commissioners ; to wit, township A. containing twenty 
three thousand and forty acres — township D. containing 
twenty three thousand six-hundred and seventy six acres — 
township E. containing twenty three thousand and forty 
acres — and in the second range of townships, according to 
the same survey and plan — township D. containing twenty 
two thousand four hundred and seventy seven acres — part 
township E. containing twelve thousand six hundred and 
twenty two acres — township F. containing twenty three 
thousand and forty acres — part township H. containing 
fourteen thousand six hundred and thirty three acres — and 
township K. containing twenty three thousand and forty 
acres — and in the tract lying south of line run due west 
from the Monument at the source of the St. Croix, surveyed 
the current year by Joseph C. Norris and Andrew McMillan, 



252 DOCUMENTS KELATINQ TO THE 

and represented on their plan dated December 22nd, 
1825, certified by the Commissioners, to wit, the west half 
part of township numbered three in the third ranoje of town- 
ships west of said Monument, containing eleven thousand 
three hundred and forty four acres — township numbered 
one in the fourth range of townships west of said Monument, 
containing thirty nine thousand five hundred and twelve 
acres — township numbered three, in the same range, con- 
taining twenty three thousand one hundred and sixty three 
acres — township marked A. in the sixth range of townships 
west of said Monument, containing twenty two thousand 
nine hundred and twenty four acres — township numbered 
one in the same range, containing twenty three thousand 
and two acres — township numbered two in the same range, 
containing twenty-four thousand and eighty three acres — 
township numbered three in the same range, containing 
twenty four thousand twenty acres — township num- 
bered one in the seventh range of townships west of said 
Monument, containing twenty one thousand five hundred 
and seventeen acres — and township numbered three in the 
same range, containing twenty three thousand two hundred 
and fifty five acres, and a tract of land adjoining to the 
aforesaid township A. in the sixth range, and bounded 
northwardly thereon, eastwardly by Penobscot River, and 
the west line of township numl)ered one in the fifth range — 
southwardly by the north line of the Indian township as 
located by Joseph Treat, and westwardly by the west line 
of said Indian township, continued northwardly to said 
township A. containing two thousand and one hundred acres, 
and is marked Z. with red ink upon said Norris' and 
McMillan's plan, and a tract of land lying south of the line 
running due west from the Monument, and east of Norris' 
and McMillan's survey, bounded as follows : Beginning on 
the west line of township numbered ten, adjoining Schoodic 
River, in the line run due west from the Monument — thence 



TERRITORIAL HISTORY OF MAINE. 253 

due west six miles to the east line of the third range of 
townships west of the Monument — thence due south five 
miles, and two hundred and thirty two rods to the main 
branch of Mattawamkeag — thence eastwardly by that 
branch to the west line of township numbered nine — thence 
northwardly by the west line of that township to the north 
west corner thereof — thence eastwardly in the north line 
of the same township to the west line of said township num- 
bered ten — and thence northwardly by said township 
numbered ten, to the bound first mentioned, and all the 
land lying south of said township numbered ten, east of 
said township numbered nine, west of Schoodic lake and 
river, and north of the south line of said township numbered 
nine, continued eastwardly to said lake, both tracts contain- 
ing about forty thousand acres, and making the whole 
quantity of land hereby assigned to the State of Maine to 
be four hundred and twenty thousand four hundred and 
eighty eight acres. And we do adjudge that the said lands 
so assigned and divided to the said Commonwealth and to 
the said State respectively, considering the situation and 
quality are equal, the one to the other. 

To have and to hold to the Commonwealth of Massachu- 
setts and to their assigns forever, the lands above allotted 
and divided to them, and to the State of Maine and to their 
assigns forever, the lands above allotted and assigned to 
them in severalty. 

And it is expressly agreed that the lands so divided, 
allotted and assigned, are to be taken without allowance for 
any mistake, former conveyance or defect of title whatever, 
and that no claim of one State upon the other shall be 
made on account of any inequality in said division from any 
cause whatever. 

In witness WHEREOF the said Commissioners hereunto 
interchangeably set their hands, and have caused this instru- 
ment of division to be recorded this thirty first day of 



254 DOCUMENTS KELATING TO THE 

December, in the year of our Lord one thousand eight 

hundred and twenty five. 

GEORGE BLISS, 
BENJAMIN J. PORTER, 
CHARLES TURNER, 
REUEL WILLIAMS, 
SILAS HOLMAN, 
DANIEL ROSE. 
Attest, James L. Child, Secretary. 



CXXXVIIL 



FURTHER DIVISION OF THE PUBLIC LANDS, 

BY COMMISSIONERS UNDER THE ACT OF 

SEPARATION. 

December 28, 1826. 

Soui'ces. 

In accordance with the survey made during the year 1826 
the commissioners under the Act of Separation made a still 
further division of the public lands held in common by the 
two states. June 20, 1826, the general court of Massachu- 
setts appropriated a " contingent fund " to compensate 
commissioners according to certain stipulations in the Act 
of Separation. 

The text adopted for the " Doings of the Commissioners" 
is the report which was printed with "Resolves of the 
Seventh Legislature of the State of Maine " (Portland, 
1827), Appendix, 605-607. 

Text. 
We, Charles Turner, Silas Holman, Benjamin J. Porter, 
Reuel Williams, and Daniel Rose, appointed Commissioners, 
pursuant to a certain act of the Commonwealth of Massa- 
chusetts, passed the nineteenth day of June, in the year of 
our Lord one thousand eight hundred and nineteen, entitled, 
♦* An Act relating to the separation of the District of Maine 



TERRITORIAL HISTORY OF MAINE. 255 

from Massachusetts Proper and forming the same into a 
separate and independent State," to divide all the public 
lands belonging to the said Commonwealth, in the District 
of Maine, the one half thereof to the said Commonwealth, 
and the other half thereof to the State of Maine, in equal 
shares or moieties in severalty, having regard to quantity, 
situation, and quality," in part execution of the powers vested 
in us by virtue of said act, have divided, assigned and set 
out in severalty to said Commonwealth and State respect- 
ively the following townships and parcels of land within 
said State of Maine, in the third, fourth, fifth, sixth and 
seventh ranges of townships west of the monument, erected 
at the source of the St. Croix as the boundary between the 
United States and the Province of New-Brunswick, as sur- 
veyed the current year by Joseph Norris and Joseph C. 
Norris, and laid down upon their plan thereof, dated 
December 1826, and certified by the Commissioners, to wit, 
to the said Commonwealth of Massachusetts in the third 
range of townships, all that part of township numbered four, 
lying south of a line drawn east and west through the same 
at the distance of three miles and an half from the south 
line of said township, containing thirteen thousand four 
hundred and forty acres, and townships numbered five, 
seven, nine, eleven, and thirteen, containing twenty three 
thousand and forty acres each, and township numbered 
fifteen, containing twenty-two thousand and thirty-two 
acres — in the fourth range of townships, townships num- 
bered four, six, eight, ten, twelve, fourteen, and sixteen, 
each containing twenty-three thousand and forty acres — in 
the fifth range of townships, townships numbered five, seven, 
nine, eleven, thirteen, and fifteen, each containing twenty- 
three thousand and forty acres, — in the sixth range of 
townships, townships numbered four, six, eight, ten, twelve, 
fourteen, and sixteen, each township containing twenty- 
three thousand and forty acres, and the west line of said 



256 DOCUMENTS RELATING TO THE 

township nunihored eight to be u straight line running south 
from the southwest corner of township numbered ten in the 
sixth range to the northwest corner of township numbered 
six in said sixth range in the phice where the dotted line is 
made upon the plan, and not the line made by the Surveyors 
upon the earth and represented by the black line upon the 
plan — in the seventh range of townships, townships num- 
bered five, seven, nine, eleven, thirteen, and fifteen, each 
township containing twenty-three thousand and forty acres, 
and making the whole quantity ot land hereby assigned to 
said Commonwealth of Massachusetts to be seven hundred 
forty-nine thousand and twelve acres. 

And to the said State of Maine, in the third range of 
townships, all that part of township numbered four which 
lays north of a line to be drawn east and west through the 
same, at the distance of three miles and a half from the 
south line of said township containing nine thousand six 
hundred acres, and townships numbered six, eight, ten, 
twelve and fourteen, each containing twenty-three thousand 
and forty acres, and township numbered sixteen containing 
twenty-one thousand and thirty-six acres — in the fourth 
range of townships, townships numi)ered five, seven, nine, 
eleven, thirteen, and fifteen, each containing twenty-three 
thousand and forty acres — in the fifth range of townships, 
townships numbered four, six, eight, ten, twelve, fourteen 
and sixteen, each containing twenty-three thousand and 
forty acres — in the sixth range of townships, townships 
numbered five, seven, nine, eleven, thirteen and fifteen, 
each containing twenty-three thousand and forty acres — 
the west line of said townships numbered seven and nine to 
be a straight Ime running north from the northwest corner 
of township numbered six in the sixth range to the south 
west corner of township numbered ten in the sixth range in 
the place where the dotted line is made upon the plan and 



TERRITOKIAL HISTORY OF MAINE. 257 

not the line made by the Surveyors upon the earth as rep- 
resented by the black line upon the plan — in the seventh 
range of townships numbered four, six, eight, ten, twelve, 
fourteen and sixteen, each containing twenty-three thousand 
and forty acres, and making the whole quantity of land 
hereby assigned to said State of Maine to be seven hundred 
forty-four thousand, eight hundred and seventy-six acres. 
And we do adjudge that the said lands hereby divided and 
assisfned to the said Commonwealth and to the said State of 
Maine respectively, considering their situation and quality 
are equal, the one to the other. 

To have and to hold to the Commonwealth of Massachu- 
setts and to their assigns forever, the lands above allotted 
and divided to them, and to the State of Maine and to their 
assigns forever the lands above allotted and assigued to 
them, in severalty — and it is expressly agreed that the 
lands so divided, allotted and assigned, are to be taken 
without allowance for any mistake, former conveyance or 
defect of title whatever, and that no claim of one State upon 
the other shall be made on account of any inequality in said 
division from any cause whatever. 

In witness whereof, the said Commissioners have here- 
unto interchangeably set their hands and have caused 
this instrument of Division to be recorded this twenty 
eighth day of December, in the year of our Lord, one 
thousand eight hundred and twenty-six. 

BENJA. J. PORTER, 
CHARLES TURNER, 
REUEL WILLIAMS, 
SILAS HOLMAN, 
DANIEL ROSE. 
Attest : James L. Child, Secretary. 



Vol. II. 18 



258 DOCUMENTS RELATING TO THE 



CXXXIX. 

CONVENTION FOR THE SETTLEMENT OF BOUND- 
ARIES, BETWEEN THE UNITED STATES AND 
GREAT BRITAIN. 

September 29, 1827. 

8ou7'ces. 

By the convention between the United States and Great 
Britain, done at London, September 29, 1827, it was agreed, 
through the plenipotentiaries of the two powers, that points 
of difference between the commissioners appointed according 
to the filth article of the treaty of Ghent should be referred 
to some friendly sovereign or state. One result of the con- 
vention is the collection of documents in a "Statement on 
the Part of the United States, of the Case referred, in pur- 
suance of the Convention of 1827 ..." (printed but not 
published, Washington, 1829). The convention is in the 
"Statement," Ap})endix I., 32-34; "American Annual 
Register " (New York, 1828), Appendix, 16, 17; 
"British and Foreign State Papers" (London, 1828), 
XIV., 1,004-1,008;" "House Executive Documents," 19 
Cong. 2 sess., No. 53, 6-8; "American State Papers, 
Foreign Kelations " (AVashington, 1859), VL, 1,000-1,003 ; 
"Statutes at Large of the United States of America" 
(Boston, 1846), VIIL, 362-365; by John H. Haswell, 
compiler, " Treaties and Conventions concluded between 
the United States of America and Other Powers since July 
4, 1776" (Washington, 1889), 429-432; also by Andrew 
Stuart, " Succinct Account of the Treaties and Negociations 
between Great Britain and the United States, relating to 
the Boundary Line" (Lond(m, 1838), 71-79. 

The text adopted is that of the " Statutes at Large." 

Text, 

Whereas it is })i-ovided by the fifth article of the Treaty 
of Ghent, that, in case the Commissioners appointed under 



TERRITOKIAL HISTORY OF MAINE. 259 

that article for the settlement of the boundary line therein 
described, should not be able to agree upon such boundary 
line, the report or reports of those Commissioners, stating 
the points on which they had differed, should be submitted 
to some friendly Sovereign or State, and that the decision 
given by such Sovereign or State, on such points of differ- 
ence, should be considered by the contracting Parties as 
final and conclusive : that case having now arisen, and it 
having, therefore, become expedient to proceed to and reg- 
ulate the reference, as above described, the United States 
of America and His Majesty the King of the United King- 
dom of Great Britain and Ireland, have, for that purpose, 
named their Plenipotentiaries, that is to say : the President 
of the United States has appointed Albert Gallatin, their 
En voy Extraordinary and Minister Plenipotentiary at the 
Court of His Britannick Majesty ; and his said majesty, on 
his part, has appointed the Right Honorable Charles Grant, 
a member of Parliament, a member of His said Majesty's 
most Honorably Privy Council, and President of the Com- 
mittee of the Privy Council for affairs of trade and foreign 
plantations, and Henry Unwin Addington, Esq. who, after 
having exchanged their respective full powers, found to be 
in due and proper form, have agreed to, and concluded the 
following articles. 

Art. 1. It is agreed, that the points of difference which 
have arisen in the settlement of the boundary between the 
American and British dominions, as described in the fifth 
article of the Treaty of Ghent, shall be referred, as therein 
provided, to some friendly Sovereign or State, who shall 
be invited to investigate, and make a decision upon, such 
points of difference. 

The two contracting Powers engage to proceed in con- 
cert, to the choice of such friendly Sovereign or State, as 
soon as the ratifications of this Convention shall have been 



260 DOCUMENTS RELATING TO THE 

exchanged, and to use their l)est endeavours to obtain a 
decision if practicable, within two years after the Arbiter 
shall have signified his consent to act as such. 

Art. 2. The reports and documents thereunto annexed, 
of the Commissioners appointed to carry into execution the 
fifth article of the Treaty of Ghent, being so voluminous 
and complicated, as to render it improl)able that any Sov- 
ereign or State should be willing to undertake the office of 
investigating and arbitrating upon them, it is hereby agreed 
to substitute for those reports, new and separate statements 
of the respective cases, severally drawn up by each of the 
contracting Parties, in such form and terms as each may 
think fit. 

The said statements, when prepared, shall be mutually 
communicated to each other b}^ the contracting Parties, that 
is to say : by the United States to His Britannick ^Majesty's 
Ministei' or Charge d' Afiaires at Washington, and by Great 
Britain to the Minister or Charge d' Affaires of the United 
States at London, within fifteen months after the exchange 
of the ratifications of the present Convention. 

After such communication shall have taken place, each 
Party shall have the power of drawing up a second and 
definitive statements, if it thinks fit so to do, in reply to the 
statement of the other Party, so communicated ; which 
definitive statements shall also be mutually communicated, 
in the same manner as aforesaid, to each other, by the con- 
tracting Parties, within twenty-one months after the 
exchange of the ratifications of the present Convention. 

Art. 3. Each of the contracting Parties shall, within 
nine months after the exchange of ratifications of this Con- 
vention, communicate to the other, in the same manner as 
aforesaid, all the evidence intended to be brought in support 
of its claim, beyond that which is contained in the reports 
of the Commissioners, or papers thereunto annexed, and 



TERRITORIAL HISTORY OF MAINE. 261 

other written documents laid before the Commission, under 
the fifth article of the Treaty of Ghent. 

Each of the contracting Parties shall be bound, on the 
application of the other Party, made within six months after 
the exchange of the ratifications, of this Convention, to give 
authentick copies of such individually specified acts of a 
publick nature, relating to the territory in question, intended 
to be laid as evidence before the Arbiter, as have been 
issued under the authority, or are in the exclusive posses- 
sion, of each Party. 

No maps, surveys, or topographical evidence of any 
description, shall be adduced by either Party, beyond that 
which is hereinafter stipulated, nor shall any fresh evidence 
of any description, be adduced or adverted to, by either 
Party, other than that mutually communicated or applied 
for, as aforesaid. 

Each Party shall have full power to incorporate in, or 
annex to, either its first or second statement, any portion 
of the reports of the Commissioners, or papers thereunto 
annexed, and other written documents laid before the Com- 
mission under the fifth article of the Treaty of Ghent, or of 
the other evidence mutually communicated or applied for 
as above provided, which it may think fit. 

Art. 4. The map called Mitchell's map, by which the 
framers of the Treaty of 1783 are acknowledged to have 
regulated their joint and official proceedings, and the map 
A. which has been agreed on by the contracting Parties, 
as a delineation of the water courses, and of the boundary 
lines, in reference to the said water courses, as contended 
for by each Party respectively, and which has accord- 
ingly been signed by the above named Plenipotentiaries, 
at the same time with this Convention, shall be annexed 
to the statements of the contracting Parties, and be the 
only maps that shall be considered as evidence, mutually 



262 DOCUMENTS KKLATING TO THE 

acknowledged by the contiMclinii- Parties, of the topography 
of the country. 

It shall, however, be lawful for either Party, to annex to 
its respective first statement, for the purposes of general 
illustration, any of the maps, surveys, or topographical 
delineations, which were filed with the Commissioners under 
the fifth article of the Treaty of Ghent, any engraved map 
heretofore published, and also a transcript of the above 
mentioned map A, or of a section thereof, in which tran- 
script each Party may lay down the highlands, or other 
features of the country, as it shall think fit ; the water- 
courses and the boundary lines, as claimed by each party, 
remaining as laid down in the said map A. 

But this transcript, as well as all the other maps, surveys, 
or topographical delineations, other than the map A, and 
Mitchell's map, intended to be thus annexed, by either 
Party, to the respective statements, shall be communicated 
to the other Party, in the same manner as aforesaid, within 
nine months after the exchange of the ratifications of this 
Convention, and shall be subject to such objections and 
observations, as the other contracting Party may deem it 
expedient to make thereto, and shall annex to his first 
statement, either in the margin of such tianscript, map or 
maps, or otherwise. 

Art. 5. All the statements, papers, maps, and docu- 
ments, above mentioned, and which shall have been mutu- 
ally communicated as aforesaid, shall, without any addition, 
substraction or alteration, whatsoever, be jointly and simul- 
taneously delivered in to the arbitrating Sovereign or State, 
within two years after the exchange of ratifications of this 
Convention, unless the Arbiter should not, within that time, 
have consented to act as such ; in which case all the said 
statements, papers, maps, and documents, shall be laid 
before him within six months after the time when he shall 



TERRITORIAL HISTORY OF MAINE. 263 

have consented so to act. No other statements, papers, 
maps, or documents, shall ever be laid before the Arbiter, 
except as hereinafter provided. 

Art. 6. In order to facilitate the attainment of a just 
and sound decision on the part of the Arbiter, it is agreed 
that, in ease the said Arbiter should desire further elucida- 
tion or evidence in regard to any speciiick point contained 
in any of the said statements submitted to him, the requisi- 
tion for such elucidation or evidence shall be simultaneously 
made to both Parties, who shall thereupon be permitted to 
bring further evidence, if required, and to make, each, a 
written reply to the specifick questions submitted by the 
said Arbiter, but no further ; and such evidence and replies 
shall be immediately communicated by each Party to the 
other. 

And in case the Arbiter should find the topographical 
evidence, laid as aforesaid before him, insufficient for the 
purposes of a sound and just decision, he shall have the 
power of ordering additional surveys to be made of any 
portions of the disputed boundary line or territory, as he 
may think fit ; which surveys shall be made at the joint 
expence of the contracting Parties, and be considered as 
conclusive by them. 

Art. 7. The decision of the Arbiter, when given, shall 
be taken as final and conclusive; and it shall be carried, 
without reserve, into immediate efiect, by Commissioners 
appointed for that purpose by the contracting Parties. 

Art. 8. This Convention shall be ratified, and the ratifi- 
cations shall be exchanged in nine months from the date 
hereof, or sooner, if possible. 

In witness whereof, we, the respective Plenipotentiaries, 
have signed the same, and have affixed thereto the 
seals of our arms. 



2^4 



DOCUMENTS RELATING TO THE 



Done at London, the twenty-ninth day of September, in 
the year our Lord one thousand eight hundred and 
twenty-seven. 

Albert Gallatin, (L. S.) 

Charles Grant, (L. S.) 

Henry Unwin Addington. (L. S.) 



CXL. 

FURTHP:R division of the public LANDS 

BY COMMISSIONERS UNDER THE ACT OF 

SEPARATION. 

November 7, 1827. 

Sources. 

The work of surveying hinds held by ]\Iaine and Massa- 
chusetts in common had been carried forward during the 
year 1827, so that the commissioners under the Act of Sep- 
aration were able to make still another division November 
7, 1827. 

The "Doings of the Commissioners" was printed with 
"Resolves of the Eighth Legislature of the State of Maine" 
(Portland, 1828), Appendix, 823-826, which is the text 
adopted. 

Text. 

We, George Bliss, Benjamin J. Porter, Charles Turner, 
Reuel Williams, Silas Holman and Daniel Rose, appointed 
Commissioners pursuant to a certain act of the Common- 
wealth of Massachusetts, passed the nineteenth day of June 
in the year of our Lord one thousand eight hundred and 
nineteen, entitled " An Act relating to the separation of the 
District of Maine from Massachusetts proper, and forming 
the same into a separate and independent State," to divide 



TERRITORIAL HISTORY OF MAINE. 265 

all the public lands belonging; to the Commonwealth afore- 
said in the District of Maine, the one half thereof to the 
said Commonwealth and the other half thereof to the State 
of Maine in equal shares or moieties in severalty having 
regard to (|uantity, situation and quality, in part execution 
of the powers vested in us by virtue of said Act have 
divided, assigned and set out in severalty to said Common- 
wealth and State respectively the following townships and 
tracts of land and islands within said state of Maine west 
of the seventh range of townships west of the monument 
erected at the source of the St. Croix river according to the 
survey and plan made by Norris and M'Millan north of the 
ninth and tenth ranges of townships of the old surveys and 
of Bingham's Kennebec purchase East of Moosehead Lake ; 
and of the ten townships surveyed by Neal and M'Kecknie, 
and south of the line running due west from the monument 
aforesaid, and of townships heretofore located for the Ply- 
mouth Company, the town of Plymouth, the town of Pitts- 
ton and a line running west from the north west corner of 
the Pittston location to the East line of the ten townships 
aforesaid, as surveyed the current year by Joseph Norris 
and laid down upon his plan thereof dated November 
eighteen-hundred and twenty seven, and certified by the 
Commissioners, and described in the field notes and plan of 
said Norris, and the townships and tracts are to be ascer- 
tained by reference to the same; — to wit, to the said 
Commonwealth of Massachusetts in the eio-hth range of 
townships West of said monument, township numbered one 
containing eighteen thousand and sixty acres and townships 
numbered two and three each containing twenty three 
thousand and forty acres, the tract marked A, partly in the 
eighth and partly in the ninth ranges of townships contain- 
ing twenty thousand fifty seven acres, in the tenth range of 
townships ; township marked B containing seventeen thousand 



266 DOCUMENTS RELATING TO THE 

four hundred and twenty four acres, township marked 
A, and townsliips numbered one, two, and three each con- 
taining twenty three thousand and forty acres, in the 
twelfth range of townships ; township marked A containing 
twenty five thousand one hundred and fifty eight acres, and 
townshi})s numbered one, two and three each containing 
twenty three thousand and forty acres : in the fourteenth 
range township numbered one containing twenty three 
thousand nine hundred forty one acres all lying Eastwardly 
of Lake. All that part of township numbered three in said 
fourteenth range northeastwardly of Moosehead Lake, 
which is situated west of a line to be run from the monu- 
ment line commencing in the middle of Penobscot river and 
to run due south until it intersects the north line of the 
township located for the Middlesex Canal Corporation, con- 
taining twenty three thousand two hundred and thirty six 
acres ; township or tract marked W lying on both side of 
the head of iNIoosehead Lake and south of the Plymouth 
Company's township containing fourteen thousand and 
sixty eight acres ; township numbered two in the third 
range of townships lying west ot a township located for the 
Middlesex Canal Corporation, containing twenty six thou- 
sand eight hundred and eighty acres, and the Westwardly 
part of township numbered two in the fourth range of 
townships lying between the P^ast line of the ten townships 
and the west line of the tract located for the town of Pitts- 
ton, containing eighteen thousand one hundred and sixty 
eight acres ; the two last mentioned townships being situ- 
ated West of said Moosehead Lake, also an island in said 
lake, between the East line of Bingham's Kennebec pur- 
chase and township A in the fourteenth range called Sugar 
Island, containing four thousand nine hundred and fifty 
acres and marked upon said Norris i)lan. Sugar I. together 
with all those parts of Lakes, Ponds, and Streams, situated 



TERRITORIAL HISTORY OF MAINE. 267 

and being within the lines of any and all of the aforesaid 
townships and tracts divided and set out in severalty to said 
Commonwealth of Massachusetts except Moosehead Lake, 
making the whole quantity of land hereby assigned to said 
Commonwealth of Massachusetts to be three hundred ninety 
nine thousand eighty-seven acres. 

And to the said State of Maine in the ninth range of 
townships west of said monument, township numbered one, 
containing twenty two thousand, one hundred and four 
acres, and townships numbered two and three, containing 
twenty three thousand and forty acres each, in the eleventh 
range of townships, township marked B. containing twenty 
six thousand seven hundred and thirty six acres — township 
marked A, and townships numbered one, two and three, 
containing twenty three thousand and forty acres each — 
in the thirteenth range of townships, township marked A, 
and townships numbered one, two and three, containing 
twenty three thousand and forty acres each — township 
marked A2, partly in the thirteenth and partly in the 
fourteenth ranges of townships containing seventeen thou- 
sand nine hundred and twenty five acres, in the fourteenth 
range of townships, township marked A, containing nine- 
teen thousand one hundred sixty four acres — tract marked 
X, containing five thousand seven hundred and seventy 
eight acres, and all that part of township numbered three, 
which is situated east of a line to be run from the monument 
line commencing in the middle of Penobscot river, and to 
run due south until it intersects the north line of the town- 
ship located for the Middlesex Canal Corporation, contain- 
ing nineteen thousand seven hundred and eighty seven acres, 
all lying eastwardly of Moosehead Lake, a part of township 
numbered one in the first range of townships on the west 
side of said lake, adjoining to Taunton and Raynham Acad- 
emy location, containing four thousand four hundred and 



268 DOCUMENTS RELATING TO THE 

sixty five acres ; part of township numbered one in the 
second ran<2;e of townships west of said hike adjoining to 
Sandwich Academy location, containing four thousand seven 
hundred and seventy acres ; township numbered one in the 
second range of townships west of and adjoining to said lake, 
containing nineteen thousand two hundred and eighty four 
acres ; and township numbered two in the second range of 
townships west of said lake, containing twenty two thousand 
nine hundred and sixty eight acres, together with all those 
parts of lakes, ponds and streams, situated and being within 
the lines of any and all ot the aforesaid townships and tracts 
divided and set out in severalty to said State of Maine, 
except the waters of Moosehead Lake. Also a tract of land 
near the southerly end of INIoosehead lake and opposite to 
the Saco Free Bridge location, bounded west by the east 
line of Bingham's Kennebec Purchase, and on all other parts 
by the shore of Moosehead lake, containing five hundred 
thirty two acres ; all that part of Moose Island in said lake 
which is situated east of the east line of said Bingham's 
Purchase, containing five hundred and fourteen acres ; all 
that part of Deer Island in said lake which is situated east 
of the east line of said Bingham's Purchase, containing three 
hundred acres ; a tract of land lying north of the north line 
of said Bingham's Purchase, east of Taunton and Raynham 
Academy location, south of part of township numbered one 
in the first range of townships and west of the shore of said 
lake, containing four hundred and seventy-five acres ; an 
Island or Peninsula lying west of Day's Academy location, 
called Mount Kenio, containing one thousand one hundred 
and fifty acres ; Farm Island, containing nine hundred and 
eighty acres, and all the other small islands in said Moose- 
head Lake, north and east of the Bingham Purchase, except 
Sugar Island, containing by estimation one hundred and 
ninety acres, making the whole quantity of land hereby 



TERRITORIAL HISTORY OF MAINE. 269 

assigned to said State of Maine to be three hundred ninety 
seven thousand five hundred and twenty two acres. 

All the townships and tracts hereby divided, which 
adjoin to and border upon the waters of Moosehead lake are 
declared and taken to be bounded by the shore of said lake. 
And we do adjudge that the said lands and islands hereby 
divided and assigned to the said Commonwealth of Massa- 
chusetts and to the said State of Maine respectively, con- 
sidering their situation and quality, are equal the one to the 
other. 

To have and to hold to the Commonwealth of Massachu- 
setts and to their assigns forever the lands and island above 
allotted and divided to them, and to the State of Maine and 
to their assigns forever the lands and islands above allotted 
and assigned to them in severalty. And it is expressly 
agreed that the lands and islands so divided, allotted and 
assigned, are to be taken without allowance for any mistake, 
former conveyance, or defect of title whatever, and that no 
claim by one State upon the other shall be made on account 
of any inequality in said division from any cause whatever. 
In witness whereof, the said Commissioners have here- 
unto interchangeably set their hands, and have caused this 
instrument ot division to be recorded this seventh day of 
November, in the year of our Lord one thousand eight 
hundred and twenty seven. 

GEORGE BLISS, 
BENJA. J. PORTER, 
CHARLES TURNER, 
REUEL WILLIAMS, 
SILAS HOLMAN, 
DANIEL ROSE. 
Attest, James L. Child, Secretary. 



270 DOCUMENTS RELATING TO THE 



CXLI. 

RESOLVE IN RELATION TO AGGRESSIONS UPON THE 

NORTHEASTERN FRONTIER, BY THE EIGHTH 

LEGISLATURE OF THE STATE OF MAINE. 

February 18, 1828. 

jSources. 

While Maine had been occupied with the work of separa- 
tion from Massachusetts, the frontier had become involved 
in hostile relations with New Brunswick. November 9, 
1827, Governor Lincoln issued a ])roclamation with regard 
to " trespassers on the sovereignty of Maine," urging for- 
bearance and peace, " so that the preparations for prevent- 
ing the removal of our landmarks, and guarding the sacred 
and inestimable rights of American citizens may not be 
embarrassed by any unauthorized acts." 

February 18, 1828, the state legislature passed the resolve 
in relation to aggressions upon the northeastern frontier of 
the state, which was printed in " Documents relating to the 
North Eastern Boundary of the State of Maine " (Boston, 
1828), 274, 275; and in "Resolves of the Eighth Legisla- 
ture of the State of Maine " (Portland, 1828), 796, 797. 

The text adopted is that of the printed " Documents." 

Text. 

Whereas the sovereignty of this State has been repeatedly 
violated by the acts of the agents and officers of the Gov- 
ernment of the British province of New-Brunswick, and 
that government, by its agents and officers, has wantonly 
and injuriously harrassed the citizens of this State, residing 
on the Northeastern frontier of the same, and within its 
limits, by assuming to exercise jurisdiction over them, in 
issuing and executing civil and criminal process against 
them, by which their property has been seized, and some of 



TERRITORIAL HISTORY OF MAINE. 271 

them arrested and conveyed out of the State, and subjected 
to the operation of the laws of that province ; in establish- 
ing military companies within the territory of this State ; 
imposing lines for neglect of military duty ; imposing upon 
our said citizens an alien tax, and requiring payment of the 
same; and whereas, by the exercise of the aforesaid unwar- 
ranted acts of jurisdiction by the government of the said 
province, some of our citizens have been deprived of their 
liberty, their property destroyed, many of them driven from 
their lands and dwellings, the tranquillity and peace of all 
of them disturbed, and the settlement and population of 
that part of the State adjoining said province, greatly 
retarded, if not wholly prevented: therefore. 

Resolved, That the present is a crisis, in which the gov- 
ernment and people of this State, have good cause to look 
to the government of the United States for defence and 
protection against foreign aggression. 

Resolved further , That if new aggressions shall be made 
by the government of the province of New Brunswick upon 
the territory of this State, and upon its citizens, and sea- 
sonable protection shall not be given by the United States, 
the Governor be, and he hereby is, requested to use all 
proper and constitutional means in his power, to protect 
and defend the citizens aforesaid in the enjoyment of their 
rights. 

Resolved further, That, in the opinion of this Legislature, 
the Executive of the United States ought, without delay, 
to demand of the British Government the immediate restora- 
tion of John Baker, a citizen of this State, who has been 
seized by the oflScers of the Province of New Brunswick, 
within the territory of the State of Maine, and by them 
conveyed to Fredericton, in said Province, where he is now 
confined in prison, and to take such measures as will effect 
his early release. 



272 DOCUMENTS RELATING TO THE 

Resolved further, Tlnit the Governor be, and he hereby ia, 
authorized and requested, with the advice and consent of 
Council, from time to time, to extend to the family of the 
said John Baker, such relief as shall be deemed necessary ; 
and he is hereby authorized to draw his warrant on the 
Treasury for such sum or sums as shall be required for that 
purpose. 



CXLII. 

EXTRACT FROM REPORT ON THE BOUNDARY LINE 

BETWEEN MAINE AND NEW HAMPSHIRE, BY 

COMMISSIONERS OF THE TWO STATES. 

November 13, 1828. 

Sources. 

After Maine had become an independent state, a new 
boundary line was run between Maine and New Hampshire 
by commissioners appointed to make a joint survey of the 
conunon boundary. Because of inaccuracies in earlier sur- 
veys which were corrected by the new line of 1828, some 
of the inhabitants of border towns found themselves under 
the jurisdiction of New Ham})shire ; from Fryeburg for 
instance the strip colloquially known as " Fag End " was 
set ofl' to Conway. 

February 28, 1829, the report of the commissioners was 
approved by the legislature of the State of Maine, and July 
1, 1829, in New Hampshire a resolve was passed by the 
senate and house of rej)resentatives in general court con- 
vened that the governor by proclamation should make known 
the course of the new boundary line established by the 
commissioners. The report was printed with "Resolves 
of the Ninth Legislature of the State of Maine " (Portland, 
]829), 39-43; and by Henry Gannett, " Boundaries of the 
United States and of the Several States and Territories . . ." 
(Washington, 1885), 35-38. 

The text adopted for this extract from the report is that 
of the printed " Resolves." 



TERRITORIAL HISTORY OF MAINE. 273 

Text. 

The Report of the Commissioners appointed by his 
Majesty's order in Council of February twenty second 1735, 
and confirmed b}^ his order of the fifth of August 1740, 
having established, " That the dividing line shall pass up 
through the mouth of Piscataqua Harbor and up the middle 
of the river of Newichwannock, part of which is now called 
the Salmon falls, and through the middle of the same to the 
farthest head thereof, &c. " — and, "that the dividing line 
shall part the Isle of Sholes, and run through the middle of 
the Harbor between the Islands to the sea on the southerly 
side," &c. We have not deemed it necessary to commence 
our survey until we arrived north, at the head of Salmon 
falls river ; which was determined by Bryant, at his survey 
in 1740, to be at the outlet of Eastpond, between the town 
of Wakefield and Shapleigh. From that point we have sur- 
veyed and marked the line as follows, viz : We commenced 
at the Bryant rock, known as such by tradition, which is a 
rock in the middle of Salmon falls river, at the outlet of 
Eastpond, about six feet in length, three feet in breadth, 
three feet in depth and two feet under the surface of the 
water, as the dam was at the time of the survey, to wit, 
October 1, 1827, — said stone bears south seventy one 
degrees west, three rods and eight links from a large rock 
on the eastern bank marked '* 1827 " — and bears also from 
a rock near the mill-dam (marked "H") north nineteen 
degrees and thirty minutes west, and distant twelve rods 
and twenty one links. At this point the variation of the 
needle was ascertained to be ni7ie degrees west. From the 
above stone the line is north seven degrees and forty one 
minutes east, one hundred and seventy eight rods to East- 
pond, and crossing the pond three hundred and eleven rods 
in width, to a stone Monument, which we erected upon the 
bank, about three and a half feet high above the surface of 
Vol. II. 19 



274 DOCUMENTS KELATING TO THE 

the ground, marked N on the west side and M on the east 
side, wiiich dt'scription ai)i)lies to all the stone nioniunents 
hereinafter mentioned, unless they are otherwise particu- 
larly described : thence the same course, two hundred and 
twenty five rods to Fox ridge and to a stone monument, 
which is placed upon the north side of the road that leads 
from Waketield to Shapleigh ; thence two hundred rods to 
Balch's pond; across the pond, one hundred and three and 
half rods — across a peninsula thirty six rods — across a 
cove, fifty one rods and seventeen links, across a second 
peninsula, forty eight rods, across a second cove twenty 
seven rods ten links ; — thence three hundred and seventy 
rods to the road leading from Newfield to Wakefield, and a 
stone monument erected on the north side of the same near 
Campernell's house ; thence north six degrees and ten min- 
utes east, five hundred and ninety rods to the line of Par- 
sonsfield to a stone monument with additional mark 
" 1828." At this point the variation of the needle was 
found to he nine degrees fifteen minutes west; thence same 
course five hundred and eleven rods crossinfj the end of 
Province pond to a stone monument on the Parsonsfield 
road, near the house of James Andrews, also with addi- 
tional mark " 1828 " ; thence north eight degrees, and thirty 
eight minutes east, two hundred and eight rods to the old 
corner stone of Effingham, about two feet above the ground 
and not marked ; thence north eight degrees, fifty five min- 
utes east, two hundred and seventy seven rods to a large 
round stone about three feet diameter and two feet high, 
marked N. and M. by the road upon Towle's Hill ; thence 
north seven degrees fifty five minutes east; six hundred 
and thirty one rods to a stone monument on the road lead- 
ing from Parsonsfield to Effingham. At this point the 
variation of the needle was found to be nine degrees thirty 
minutes west ; thence north five degrees two minutes east, 



TERRITORIAL HISTORY OF MAINE. 275 

seven hundred thirty four rods to a pine stump upon a small 
Island in Ossipee river at the foot of the falls ; thence north 
ten degrees east thirty rods to a stone monument on the 
north side of the new road from Porter to Effingham ; thence 
the same course, five hundred fifty eight rods to the top of 
Bald Mountain ; thence same course three hundred sixteen 
rods to the top of Bickford Mountain ; thence same course 
one hundred and ninety three rods to a stone monument on 
the north side of the road leading from Porter to Eaton. 
At this point the variation of the needle was found to be 
nine degrees forty five minutes west ; thence north eight 
degrees five minutes east, seven hundred and forty four 
rods to Cragged Mountain ; thence same course sixty seven 
rods to the corner of Eaton ; thence same course, seven 
hundred eighty seven and an half rods to the corner of Con- 
way ; thence same course, six hundred ten and an half rods 
to a stone monument on the south side of the road leadinsT 
from Brownfield to Conway centre ; thence north eight 
degrees east, eight hundred seventy one rods to a stone 
monument on the side of the road leading from Fryeburg 
village to Conway — at this point the variation of the needle 
was found to be ten degrees west ; thence same course four 
rods to a stone monument on the north side of the same 
road ; thence north eight degrees fifteen minutes east, one 
hundred two rods to Saco river : thence same course eisht- 
een rods across said river ; thence same course six hundred 
forty four rods to a stone monument on the road leadinof to 
Fryeburg village, on the north side of the river. This mon- 
ument is marked as before described and is about eight feet 
high above the ground ; thence same course one hundred 
forty two rods to Ballard's Mill Pond ; thence same course 
sixty one rods six links across said pond ; thence same 
course three hundred forty four rods to a stone monument 
on the east side of Chatham road ; thence same course ninety 



276 DOCUiMKNTS RELATING TO THE 

rods to Kimball's Pond ; thence same course one hundred 
thirty six rods across said pond ; thence same course one 
hundred sixty six rods across said pond ; thence same course 
sixty rods to a stone monument on the meadow ; thence 
same course nine hundred forty rods to the corner of Brad- 
ley and Eastman's grant ; thence same course six hundred 
and ninety rods to a stone monument on the east side of the 
cold-river road ; this stone is marked as before described, 
but is not more th;in two feet above the ground ; thence 
same course one thousand five hundred forty rods to the 
corner of Warner and Oilman's location a pile of stones : — 
at this point the variation of the needle was found to be ten 
degrees twenty three minutes west ; thence same course 
four hundred and fifty rods to top of Mount Royce ; thence 
same course eight hundred ninety eight rods to Wild river; 
thence same course eight rods across said river ; thence 
same course seven hundred sixty five rods to a stone mon- 
ument on the north side of the road leading from Lancaster 
to Bethel ; thence same course one hundred rods to Andro- 
scoggin river ; thence same course eighteen rods across said 
river; thence north eight degrees ten minutes east, four 
thousand one hundred sixty two rods across ten streams to 
Chickwalnepeg river; thence same course two thousand five 
hundred rods to a stone monument on the north side of the 
road leading from Errol to Andover ; this stone is marked 
♦ N. H.' and ' M ' ; thence same course two hundred ten rods 
to Cambridge river ; thence same course eight rods across 
said river ; thence same course five hundred sixty seven 
rods to Umbagog Lake ; thence same course ten rods across 
a peninsula of the same ; thence same course two hundred 
twenty five rods across a bay of said lake ; thence same 
course two hundred six rods across a peninsula of the same ; 
thence same course one thousand one hundred sixty five 
rods across the north bay of said Lake to a cedar post 



TERRITORIAL HISTORY OF MAINE. 277 

marked 'N.''M.'; thence north eight degrees east seven 
hundred fourteen rods to pond brook ; thence same course 
two hundred twenty five rods to a stone monument on the 
south side of the Margalloway river ; thence same course 
ten rods across said river ; thence same course one hundred 
sixty two rods to a spruce, corner of the college grant ; 
thence same course two hundred sixty four rods to Margal- 
loway river a second time. At this point the variation of 
the needle was found to be eleven degrees forty five minutes 
west ; thence same course ten rods across said river ; thence 
same course two hundred and ninety rods to same river a 
third time ; thence same course across said river ten rods to 
a monument made with three stones on the north side of 
said river, about two feet high and not marked ; thence 
same course four hundred forty four rods to corner of town- 
ship number five in second range in Maine ; thence same 
course one thousand eight hundred six rods to the north 
corner of the same township ; thence same course four hun- 
dred and sixty rods to a branch of Little Diamond river ; 
thence same course three hundred fifty rods to another 
branch of the same; thence same course two thousand one 
hundred twenty rods to a branch of the Margalloway river; 
thence same course three hundred thirty two rods to 
another branch of the same; thence same course four hun- 
dred rods to a steep mountain called Prospect Hill ; thence 
same course nine hundred and twenty rods to mount Car- 
mel, sometimes called Sunday mountain ; thence same course 
four hundred rods to a perpendicular precipice ; thence 
same course five hundred and forty rods to a branch of Mar- 
galloway river ; thence same course two hundred and sixty 
rods to a branch of the same ; thence same course three 
hundred forty six rods to a second steep precipice ; thence 
same course one hundred eighty six rods to a branch of 
Margalloway river ; thence same course two hundred forty 



278 DOCUMENTS KKLATING TO THE 

two rods to another bnmch of the same river ; theuce same 
course seventy eight rods to a beaver pond; thence same 
course one hundred twenty six rods to a yellow birch tree 
on the highlands which divide the waters that run south 
from those that run into the St. Lawrence, being the 
northern extremity of the line, and one hundred and twelve 
miles two hundred and thirty three rods from the head of 
Salmon Falls River. Found said tree marked on the east 
side "M. E. 1789," and on the west " N. H. N. E.,"also 
'« M. 54." To these marks we added '« N. H." '' N. E." 
and ♦' M. E." " 1828 " " E. H." " A. M. M." " 1828," and 
stones were piled around the same and marked. The whole 
course of the line from the Androscoojfjin river was re- 
marked by spotting the old marked trees and crossing the 
spots and marking others in the course : And the line as 
above surveyed and described, we agree to be the true 
boundary of said States. And the above described marks 
and monuments we establish to designate the same, and that 
the said line hereafter remain the boundary line between 
the States, unless the Legislature of either State, shall, at 
the first session after the execution of this agreement, by 
Resolve disapprove of the same. 

WILLIAM KING, ^ Commissioners of 
RUFUS MTNTYRE. \ Maine. 

ICriABOD BARTLETT, ^ Commissioners of 
JOHN W. WEEKS. 5 Neiv Hampshire. 

November 13, 1828. 

[Approved February 28, 1829 

[Resolve relating to a Report of Commissioners estab- 
lishing the Boundary Line between Maine and New 
Hampshire. 



TERRITORIAL HISTORY OF MAINE. 279 



CXLIII. 

EXTRACTS FROM THE AWARD ACCORDING TO THE 

CONVENTION OF 1827, BY WILLIAM, KING 

OF THE NETHERLANDS. 

January 10, 1831. 

Sources. 

After a formal ratification of the convention of 1827, the 
plenipotentiaries made choice of William, king of the Neth- 
erlands, as arbiter of questions submitted under the fifth 
article of the treaty ot Ghent. January 10, 1831, the deci- 
sion of the arbiter was announced through William Preble, 
minister of the United States of America at the Hague ; 
March 18 a translation of the award was submitted by the 
president of the United States to His Excellency Samuel E. 
Smith, Governor of Maine, and was printed with " Resolves 
of the Ninth Legislature of the State of Maine " (Portland, 
1829), 248-256; also with the "Governor's Message and 
Documents on the Subject of the Doings of the Arbiter ..." 
(printed by order of the Legislature, 1831), Appendix B., 
12-22. In both French and English the " award" is bound 
with a " Statement on the Part of the United States, of the 
Case referred, under the Convention of 1827 . . ."(printed 
but not published, Washington, 1829), Supplement, 1- 
13; a translation is in "American Annual Register" 
(Boston, 1832), 142-150; also it is printed by Joseph 
Bouchette. " The British Dominions in North America" 
(London, 1832), I., Appendix XIX., 489-495; and by 
Andrew Stuart, " Succinct Account of the Treaties and 
Nog:ociations between Great Britain and the United States, 
relating to the Boundary Line" (London, 1838,) 86-97. A 
recent text in French and English is found in John Bassett 
Moore, "History and Digest of the International Arbitra- 
tions to which the United States has been a Party, together 
with Appendices ..." (Washington, 1898), I., 119-136. 

Extracts which relate to the boundary line of Maine are 
reprinted from the "Resolves." 



280 DOCUMENTS RELATING TO THE 

Text, 

William, By the Grace ot God, King of the Netherlands, 
Prince of Orange, Nassau, Grand Duke of Luxembourg, 
«fec. &c. &c. 

Having accepted the functions of Arbitrator, conferred 
upon us l)y the vote of the Charge d'Atiaires of the United 
States of America, and by that of the Embassador Extraor- 
dinary and Plenipotentiary of Great Britain, to our Minis- 
ter of Foreign Affairs, under date of the 12th January, 
1829, agreeable to the 5th article of the Treaty of Ghent, 
of the 24th December, 1814, and to the 1st article of the 
Convention concluded between those Powers at London, on 
the 29th of September, 1827, in the difference which has 
arisen between them on the subject of the boundaries of 
their respective possessions : 

Animated by a sincere desire of answering, by a scrupu- 
lous and impartial decision, the confidence they have testi- 
fied to us, and thus to give them a new proof of the high 
value we attach to it : 

Having, to that effect, duly examined and maturely 
weighed the contents of the first statement, as well as those 
of the definitive statement of the said difference, which 
have been resjjectively delivered to us on the 1st of April 
of the year 1830, by the Envoy Extraordinary and Minis- 
ter Plenipotentiary of the United States of America, and 
the Embassador Extraordinary and Plenipotentiary of 
His Britannic Majesty, with all the documents thereunto 
annexed in support of them : 

Desirous of fultilling, at this time the obligations we have 
contracted in accepting the functions of Arbitrator in the 
aforesaid difference, by laying before the two High Inter- 
ested Parties the result of our examination, and our opinion 
on the three points into which, by common accord, the con- 
testation is divided. 



TERRITORIAL HISTORY OF MAINE. 281 

Considering that the three points abovernentioned ought 
to be decided according to the treaties, acts and conven- 
tions concluded between the two Powers ; that is to say : 
the Treaty of Peace of 1783, the Treaty of Friendship, 
Commerce, and Navigation of 1794, the Dechiration rela- 
tive to the River St. Croix of 1798, the Treaty of Peace 
signed at Ghent in 1814 ; the Convention of the 29th Sep- 
tember, 1827 ; and Mitchell's Map, and the Map A. referred 
to in that Convention. 

We declare, that. As to the first point, to wit, the ques- 
tion which is the place designated in the Treaties as to the 
north-west angle of Nova Scotia, and what are the high- 
lands dividing the rivers that empty themselves into the 
river St. Lawrence from those which fall into the Atlantic 
Ocean, along which is to be drawn the line of boundary, 
from that angle to the North westernmost head of Connec- 
ticut River. 

Considering, that the High Interested Parties respec- 
tively claim that line of boundary at the South and at the 
North of the river St. John, and have each indicated upon 
the Map A, the line which they claim : 

Consideririg, That according to the instances alleged, the 
term highland applies not only to a hilly or elevated coun- 
try, but also to land which, without being hilly, divides 
waters flowing in different directions ; and that thus the 
character more or less hilly and elevated of the country 
through which are drawn the two lines respectively claimed, 
at the North, and at the South of the river St. John, can- 
not form the basis of a choice between them. 

That the text of the 2nd article of the Treaty of 1783, 
recites, in part, the words previously used in the Proclama- 
tion of 1763, and in the Quebec Act or 1774, to indicate 
the Southern boundaries of the Government of Quebec, 
from Lake Champlain, " In forty five degrees of N^orth 



282 DOCUMENTS RELATING TO THE 

Latitude, along the highlands which divide the rivers that 
enipt}^ then).selves into the River St. Lawrence from those 
which fall into the sea, and also along the North coast of 
the Bay des Chaleurs." 

That in 1703, 1765, 1773, and 1782, it was established 
that Nova Scotia should be bounded at the North, as far as 
the Western extremity of the Bay des Chaleurs, by the 
Southern boundary of the Province of Quebec ; that this 
delimitation is again found, with respect to the Province of 
Quebec, in the Commission of the Governor General of 
Quebec of 1786, wherein the language of the Proclamation 
of 1763 and of the Quebec Act of 1774 has been used, as 
also in the Commissions of 1786, and others of subsequent 
dates of the Governors of New Brunswick, with respect to 
the last mentioned Province, as well as in a great number 
of maps anterior and posterior, to the Treaty of 1773 ;i 
and that the 1st Article of the said Treaty specifies, by 
name, the States whose independence is acknowledged : 

But that this mention does not imply (implique) the 
entire coincidence of the boundaries between the two 
Powers, as settled by the following Article, with the ancient 
delimitation of the British Provinces, whose preservation is 
not mentioned in the Treaty of 1783, and which owing to 
its continual changes, and the uncertainty which continued 
to exist respecting it, created, from time to time, difler- 
ences between the Provincial authorities : 

That there results from the line drawn under the Treaty 
of 1783 through the great Lakes, west of the River St. 
Lawrence, a departure from the ancient provincial charters, 
with regard to the boundaries : 

That one would vainly attempt to explain why, if the 
intention was to retain the ancient provincial boundary, 
Mitchell's Map, published in 1755, and consequently anterior 

'Other translationa give the correct date, 1783.— M. F. F. 



TERRITORIAL HISTORY OF MAINE. 283 

to the Proclamation of 1763, and to the Quebec Act of 
1774, was precisely the one used in the negociation of 1783 : 

That Great Britain proposed, at first, the River Piscata- 
qua as the eastern boundary of the United States ; and did 
not subsequently agree to the proposition to cause the 
boundary of Maine, or Massachusetts Bay, to be ascer- 
tained at a later period : 

That the Treaty of Ghent stipulated for a new examina- 
tion on the spot, which could not be made applicable to an 
historical or administrative boundary ; 

And that, therefore, the ancient delimitation of the Brit- 
ish Provinces, does not, either, afford the basis of a decision : 

That the longitude of the Northwest angle of Nova Sco- 
tia, which ought to coincide with that of the source of the 
St. Croix river, was determined only by the Declaration of 
1798, which indicated that river : 

That the Treaty of Friendship, Commerce and Navigation 
of 1794, alludes to the doubt which had arisen with respect 
to the River St. Croix, and that the first instructions of the 
Congress, at the time of the negotiations which resulted in 
the Treat}^ of 1783, locate the said angle at the source of 
the River St. John : 

That the latitude of that angle is upon the banks of the 
St. Lawrence, according to Mitchell's Map, which is 
acknowledged to have regulated the combined and official 
labours of the negotiators of the Treaty of 1783, whereas, 
agreeably to the delimitation of the Government of Que- 
bec, it is to be looked for at the highlands which divide the 
rivers that empty themselves into the River St. Lawrence, 
from those which fall into the sea : 

That the nature of the ground east of the before-men- 
tioned angle not having been indicated by the Treaty of 
1783, no argument can be drawn from it to locate that angle 
at one place in preference to another : 



284 DOCUMENTS KKLATINO TO THE 

That, at all events, if it were deemed proper to place it 
nearer to the source of the River St. Croix, and look for it, 
at Mars Hill, for instance, it would be so much the more 
possible that the boundary of New Brunswick drawn thence 
northeastwardly would give to that Province several north- 
west angles, situated farther north and east, according to 
their greater remoteness from Mars Hill, that the number 
of degrees of the angle referred to in the Treaty has not 
been mentioned : 

That, consequently, the North-West angle of Nova Sco- 
tia, here alluded to, having been unknown in 1783, and the 
Treaty of Ghent having again declared it to be unascer- 
tained, the mention of that historical angle in the Treaty of 
1783 is to be considered as a petition of principle (petition 
de principe), affording no basis for a decision, whereas, if 
considered as a topographical point, having reference to the 
definition, viz: "that angle which is formed by a line 
drawn due North from the source of St. Croix River to the 
highlands," it forms simpl}^ the extremity of the line 
" along the said highlands, which divide those rivers that 
empty themselves into the River St. Lawrence, from those 
which fall into the Atlantic Ocean," — an extremity which 
a reference to the North-West angle of Nova Scotia does 
not contribute to ascertain, and which still remaining, 
itself, to be found, cannot lead to the discovery of the line 
which it is to terminate : 

Lastly, that the arguments deduced from the rights of 
Sovereignty exercised over the Fief of Madawaska and over 
the Madawaska settlement — even admitting that such 
exercise were sufficiently proved — cannot decide the ques- 
tion, for the reason that those two settlements only embrace 
a portion of the territory in dispute, and that the High 
Interested Parties have acknowledged the country lying 
between the two lines respectively claimed by them, as 



TERRITORIAL HISTORY OF MAINE. 285 

constituting a subject of contestation, and that, therefore, 
possession cannot be considered as derogating from the 
riffht: and that if the ancient delimitation of the Provinces 
be set aside, which is adduced in support of the line claimed 
at the North of the river St. John, and especially that 
which is mentioned in the Proclamation of 1763, and in 
the Quebec Act of 1774, no argument can be admitted 
in support of the line claimed at the South of the river 
St. John, which would tend to prove that such part of 
the territory in dispute belongs to Canada or to New 
Brunswick. 

Considering ; that the question divested of the inconclu- 
sive arguments drawn from the nature, more or less hilly, 
of the ground, — from the ancient delimitation of the Prov- 
inces, — from the North-west angle of Nova Scotia, and 
from the actual possession, resolves itself, in the end, to 
these : Which is the line drawn due North from the source 
of the river St. Croix, and which is the ground, no matter 
whether hilly and elevated, or not, which from that line to 
the North westernmost head of Connecticut river, divides 
the rivers that empty themselves into the river St. Law- 
rence from those which fall into the Atlantic Ocean ; that 
the High Interested Parties only agree upon the fact that 
the boundary sought for must be determined by such a line 
and by such a ground; that they further agree, since the 
Declaration of 1798, as to the answer to be given to the 
first question, with the exception of the latitude at which 
the line drawn due North from the source of the St. Croix 
river is to terminate ; that said latitude coincides with the 
extremity of the ground which, from that line to the North- 
westernmovst source of Connecticut River, divides the rivers 
which empty themselves into the river St. Lawrence from 
those which fall into the Atlantic Ocean; and that, there- 
fore, il only remains to ascertain that ground : 



286 DOCUMENTS RELATING TO THE 

That, on entering upon this operation, it is discovered, 
on the one hand, First, that if, by adopting the line claimed 
at the North of the river St. John, Great Britain cannot be 
said as obtaining a territory of less value than if she had 
accepted, in 1783 the river St. John as her frontier, taking 
into view the situation of the country situated between the 
rivers St. John and St. Croix, in the vicinity of the sea, 
and the possession of both banks of the river St. John in 
the lower part of its course, said equivalent would, never- 
theless be destroyed by the interruption of the comnmnica- 
tion between Lower Canada and New Brunswick, especially 
between Quebec and Frederickton ; and one would vainly 
seek to discover what motives could have determined the 
Court of London to consent to such an interruption : 

That if, in the second place, in contra-distinction to the 
rivers that empty themselves into the river St. Lawrence, 
it had been proper agreeably to the language used in geog- 
raphy, to comprehend the rivers falling into the Bays of 
Fundy and des Chaleurs with those emptying themselves 
directly into the Athintic Ocean, in the generical denomina- 
tion of rivers falling into the Atlantic Ocean, it would be 
hazardous to include into the species belonging to that class 
the rivers St. John and Restigouche, which the line claimed 
at the North of the river St. John divides immediately 
from rivers emptying themselves into the river St. Law- 
rence, not with other rivers falling into the Atlantic Ocean, 
but alone ; and thus to apply, in interpreting the delimita- 
tion established by a Treaty, where each word must have a 
meaning, to two exclusively special cases, and where no 
mention is made of the genus (genre), a generical expres- 
sion which would ascribe to them a broader meaning, or 
which, if extended to the Schoodiac Lakes, the Penobscot 
and the Kennebec, which empty themselves directly into 
the Atlantic Ocean, would establish the principle that the 



TERRITORIAL HISTORY OF MAINE. 287 

Treaty of 1783 meant highlands which divide as well medi- 
ately as immediately, the rivers that empty themselves into 
the river St. Lawrence from those which fall into the 
Atlantic Ocean — a principle equally realized by both lines. 

Thirdly, That the line claimed at the North of the river 
St. John does not divide, even immediately, the rivers that 
empty themselves into the river St. Lawrence from the 
rivers St. John and Restigouche, but only rivers that empty 
into the St. John and Restigouche, with the exception of 
the last part of said line, near the sources of the river St. 
John, and that hence, in order to reach the Atlantic Ocean, 
the rivers divided by that line from those that empty them- 
selves into the river St. Lawrence each need two interme- 
diate channels, to wit : the ones, the river St. John and the 
Bay of Fundy, and the others, the river Restigouche and 
the Bay of Chaleur : 

And on the other hand. That it cannot be sufficiently ex- 
plained how, if the high Contracting Parties intended, in 
1783, to establish the boundary at the South of the river St. 
John, that river, to which the territory in dispute is, in a 
great measure, indebted for its distinctive character, has 
been neutralized and set aside : 

That the verb " divide " appears to require the contiguity 
of the objects to be " divided " : 

That the said boundary forms at its Western extremity, 
only, the immediate separation between the river Metjar- 
mettee, and the North westernmost head of the Penobscot, 
and divides, mediately, only, the rivers that empty them- 
selves into the river St. Lawrence from the waters of the 
Kennebec, Penobscot and Schoodiac Lakes ; while the 
boundary claimed at the North of the river St. John divides, 
immediately, the waters of the rivers Restigouche and St. 
John ; and, mediately, the Schoodiac Lakes, and the waters 
of the rivers Penobscot and Kennebec, from the rivers that 



288 DOCUMENTS KELATINQ TO THE 

empty themselves into the river St. Lawrence, to wit : the 
rivers Beaver, Metis, Rimousky, Trois, Pistoles, Green, 
Du Loup, Kamouraska, Quelle, Bras St. Nicholas, Du Sud, 
La Famine and Chaudiere : 

That even setting aside the rivers Resti<youche and St. 
John, for the reason that they could not be considered as 
falling into the Atlantic Ocean, the Northern line would still 
be as near as to the Schoodiac lakes, and to the waters of 
the Penobscot and of the Kennebec, as the Southern line 
would be to the rivers Beaver, Metis, Rimousky and others 
that empty themselves into the river St. Lawrence ; and 
would, as well as the other, form a mediate separation 
between those and the rivers falling into the Atlantic Ocean : 

That the prior intersection of the Southern boundary, by 
a line drawn due north from the source of the St. Croix 
river, could only secure to it an accessary advantage over 
the other, in case both the one and the other boundary 
should combine, in the same degree, the qualities required 
by the Treaties : 

And that the fate assigned by that of 1783 to the Con- 
necticut, and even to the St. Lawrence, precludes the sup- 
position that the two Powers could have intended to 
surrender the whole course of each river, from its source to 
its mouth, to the share of either the one or the other : 

Coiisidering, That, after what precedes, the arguments 
adduced on either side, and the documents exhibited in 
support of them, cannot be considered as sufficiently pre- 
ponderating to determine a preference in favor of one of the 
two lines respectively claimed by the High Interested Par- 
ties, as the boundaries of their possessions from the source 
of the river St. Croix to the Northwesternmost head of 
Connecticut River ; and that the nature of the difference, 
and the vague and not sufficiently determinate stipultitions 
of the Treaty of 1783, do not permit to adjudge either of 



TERRITORIAL HISTORY OF MAINE. 289 

those lines to one of the said Parties, without wounding the 
principles of law and equity, with regard to the other ; 

Considering, That, as has already been said, the question 
resolves itself into a selection to be made of a ground, 
dividing the rivers that empty themselves into the River St. 
Lawrence from those that fall into the Atlantic Ocean : that 
the High Interested Parties are agreed with regard to the 
course of the streams delineated by common accord on the 
Map A. and affording the only basis of a decision ; 

And that, therefore, the circumstances upon which such 
decision could not be further elucidated by means of fresh 
topographical investigation, nor by the production of 
additional documents ; 

We are of opinion, That it will be suitable (il convien- 
dra) to adopt as the boundary of the two States a line drawn 
due North from the source of the river St. Croix to the 
point where it intersects the middle of the thalweg i of the 
river St. John, thence the middle of the thalweg of that 
river, ascending it, to the point where the river St. Francis 
empties itself into the river St. John, thence the middle of 
the thalweg of the river St. Francis, ascending it, to the 
source of its South westernmost branch, which source we 
indicated, on the Map A. by the letter X, authenticated by 
the signature of our minister of Foreis^n Affairs, thence a 
line drawn due West, to the point where it unites with the 
line claimed by the United States of America and delineated 
on the Map A, thence said line to the point at which, 
according to said Map, it coincides with that claimed by 
Great Britain, and thence the line traced on the Map by 
the two powers, to the North-westernmost source of Con- 
necticut River. 



1 Thalweg — a German compound word —Thai, valley, and Weg, way. It means 
here the deepest channel of the river. 

Vol. II. 20 



290 DOCUMENTS RELATING TO THE 

Thus done and given under our Royal Seal, al the 
Hague, this tenth day of January, in the year of our Lord 
one thousand eight hundred and thirty-one, and ot our 
Reign the eighteenth. 

(Signed) WILLIAM. 
The Minister of Foreign Afiairs, 
(Signed) Verstolk De Soelen. 



CXLIV. 
ACT TO MODIFY THE ACT OP SEPARATION BY 

THE elevp:nth legislature op the 

STATE OP MAINE. 
February 19, 1831. 

Sources. 

Under Article VIL section 1, of the Act of Separation 
the terms and conditions relating to the administration of 
ministerial and school funds were strictly defined. The 
act of Fel)ruary 19, 1831, was designed to give the legis- 
lature of Maine greater power in the management of such 
funds. 

The text is from " The Public Acts of the State of Maine, 
passed by the Eleventh Legislature" (Portland, 1831), 
1275, 1276. 

Text. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in Legislature assembled. That the terms 
and conditions, mentioned in the Act of the Commonwealth 
of Massachusetts, passed on the nineteenth day of June, in 
the year of our Lord one thousand eight hundred and nine- 
teen, entitled " An Act relating to the separation of the 
District of Maine from Massachusetts proper, and forming 



TERRITORIAL HISTORY OF MAINE. 291 

the same into a separate and independent State," be, and 
they are hereby, so far modified, or annulled, that the 
Trustees of any Ministerial or School Fund, incorporated 
by the Legislature of Massachusetts, in any town within 
this State, shall have, hold and enjoy their powers and 
privileges, subject to be altered, restrained, extended or 
annulled by the Legislature of Maine, with the consent of 
such Trustees and of the town for whose benefit such fund 
was established. 

Sect. 2. Be it Jurther enacted. That the terms and 
conditions of the Act aforesaid, be, and they are hereby, so 
far modified or annulled, that the Legislature of the State 
of Maine, shall have the power to direct the income of any 
fund, arising from the proceeds of the sale of land, required 
to be reserved for the benefit of the Ministry, to be applied 
for the benefit of primary schools, in the town, in which 
such land is situate, where the fee in such land has not 
already become vested in some particular Parish within 
8uch town, or in some individual. And this Act shall take 
effect and be in force. Provided, the Legislature of Massa- 
chusetts shall give its consent thereto. 

[Approved by the Governor, February 19, 1831.] 



CXLV. 

ACT OF SEPARATION MODIFIED, BY THE GENERAL 
COURT OF MASSACHUSETTS. 

June 20, 1831. 

Sources. 

The " Act to Modify the Act of Separation," which was 
passed by the legislature of the State of Maine at its 
eleventh session, was submitted to the General Court of 



292 OOCUMKNTS RELATING TO THE 

the coinnionwcalth of M:iss:u'husetts for ralitication, and 
was api)r()vo(l .lum' 20, 1881, on conditions nanieci in the 
tinal clause. The act is included in this collection of Maine 
documents because it illustrates the relations which the two 
states held for many years after the formal separation. 

The text is re|)rinted from " Laws of the Commonwealth 
of Massachusetts " (Boston, 1833), XII., 90-92. 

7'ext. 

Whereas the legislature of the state of Maine did, on 
the nineteenth day of February, in the year of our Lord 
one thousand eight hundred and thirty-one, pass an act 
entitled " an act to modify the terms and conditions of the 
act of separation," which act of the legislature of the state 
of Maine is in the following words. " Section 1. Be it 
enacted l)y the Senate and House of Representatives, in 
Legislature assembled, that the terms and conditions men- 
tioned in the act of the Commonwealth of Massachusetts, 
passed on the nineteenth day of June, in the year of our 
Lord one thousand eight hundred and nineteen, entitled, 
*'an act relating to the separation of the District of Maine 
from Massachusetts proper, and forming the same into a 
separate and independent state," be, and the}^ are so far 
modified and annulled, that the trustees ot any ministerial 
or school fund, incorporated by the legislature of Massa- 
chusetts in any town within this state, shall have, hold, and 
enjoy their powers and privileges, subject to be altered, 
restrained, extended or annulled by the legislature of 
Maine, with the consent of such trustees, and of the town 
for whose benefit such fund was established. Section 2. 
Be it further enacted, That the terms and conditions of the 
act aforesaid, be, and they are hereby so far modified or 
annulled, that the legislature of the state of Maine shall 
have the power to direct the income of any fund arising 
from the proceeds of the sale of land, required to be 



TERRITORIAL HISTORY OF MAINE. 293 

reserved for the benefit of the ministry, to be applied for 
the benefit ot primary schools, in the town in which such 
land is situate, where the fee in such land has not already 
become vested in some particular parish within such town, 
or in some individual. — And this act shall take efiect and 
be in force, provided the legislature of the Commonwealth 
of Massachusetts shall give its consent thereto." And 
whereas the Governor of the state of Maine did, pursuant 
to a resolve of the legislature of that state, transmit to the 
Governor of this Commonwealth a copy of the aforesaid 
act, certified by the secretary of state for the state of 
Maine, with a request that the same might be laid before 
the legislature of Massachusetts, which having been done, 
Therefore, 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the 
same, That the act of the Commonwealth of Massachusetts, 
[lassed on the nineteenth day of June, in the year of our 
Lord one thousand eight hundred and nineteen, entitled 
"An Act relating to the separation of the District of Maine 
from Massachusetts proper, and forming the same into an 
independent state," be so far modified, as to permit an 
exercise of legislation by the Government of the state of 
Maine, over the subject of ministerial and school lands 
within its territorial jurisdiction, granted or reserved for 
those purposes before the separation of that state from the 
Commonwealth of Massachusetts, with the restrictions, and 
upon the conditions expressed in the aforesaid act of the 
legislature of Maine ; provided, that in all such cases the 
consent of the proprietor or proprietors of such lands shall 
be previously obtained. 

[Approved by the Governor, June 20, 1831.] 



294 DOCUMENTS KKLATINO TO THE 



CXLVI. 

RESOLUTIONS AGAINST ACCEPTING THE AWARD OF 

WILLIAM, KING OF THE NETHERLANDS, 

BY THE TWELFTH LEGISLATURE 

OF THE STATE OF MAINE. 

January 19, 1832. 

Sources. 

The award of William, king of the Netherlands, made 
January 10, 1831, was a compromise rather than an act of 
arbitration according to the tei'ms of the l)oundary conven- 
tion of 1827. By the award boundary lines described 
according to treaties were rejected and a middle line for the 
" Highlands " was presented. Inasmuch as the federal gov- 
ernment had no right to change the boundaries of a state 
without its consent, the protest of the State of Maine , 
which was expressed through the resolutions of January 19, 
1832, had a determining influence on the rejection of the 
award by the senate of the United States. 

The resolutions were fii'st i)rinted with the " Report of 
the Joint Select Committee of the State of Maine of so 
much of the Governor's Message as Relates to the North- 
Eastern Boundary" (Augusta, 1832), 6-8 ; and was reprinted 
in " Resolves of the Twelfth Legislature of the State of 
Maine" (Augusta, 1832), 343, 344, which is the text 
adopted. 

Tex/. 

Resolved, That the Constitution of the United States 
does not invest the General Government with unlimited and 
absolute powers, but confers only a special and modified 
sovereignty, without authority to cede to a foreign power 
any portion of territory belonging to a State, without ita 
consent. 



TERRITORIAL HISTORY OF MAINE. 295 

Resolved, "That if there is au attribute of State Sover- 
eignty which is unqualified and undeniable, it is the right 
of jurisdiction to the utmost limits of State Territory ; and 
if a single obligation under the Constitution rests upon the 
Confederacy, it is to guaranty the integrity of this territory 
to the quiet and undisturbed enjoyment of the States." 

Resolved, That the doings of the King of Holland, on 
the subject of the Boundary between the United States 
and Great Britain, are not a decision of the question sub- 
mitted to the King of the Netherlands ; and that his rec- 
ommendation of a suitable or convenient line of boundary 
is not obligatory upon the parties to the submission. 

Resolved, That this State protests against the adoption, 
by the Government of the United States, of the line of 
boundary recommended by the King of Holland as a suita- 
ble boundary between Great Britain and the United States ; 
inasmuch as it will be a violation of the rights of Maine, — 
rights acknowledged and insisted upon by the General Gov- 
ernment, — and will be a precedent, which endangers the 
integrity, as well as the independence, of every State in 
the Union. 

Resolved, That while the people of this State are dis- 
posed to yield a ready obedience to the Constitution and 
laws of the United States, they will never consent to sur- 
render any portion of their territory, on the recommenda- 
tion of a Foreign Power. 

Resolved, That the Governor, with advice of Council, be 
authorized to appoint a competent Agent, whose duty it 
shall be, as soon as may be, to repair to the City of Wash- 
ington, and deliver to the President of the United States a 
copy of the preceding Report and these Resolutions, with 
a request that he will lay the same before the Senate of the 
United States ; and also to deliver a copy to the Vice Pres- 
ident, to each of the Heads of Departments, and to each 



296 DOCUMENTS KELATING TO THE 

Member ot" the Senate, unci to our Representatives in 
Congress. 

Resolved, That our Senators in Congress he instructed, 
and our Representatives requested, to use their best eflbrts 
to prevent our State from being dismembered, our territory 
alienated, and our just rights prostrated, by the adoption 
of a new line for our North Eastern Boundary, as recom- 
mended by the King of HoHand. 

Resolved, That the Agent to be appointed by the Gov- 
ernor and Council, be instructed to co-operate with our 
Senators and Representatives, in advocating and enforcing 
the principles advanced, and positions taken, in the fore- 
going Resolutions, and in supporting all such measures as 
shall be deemed best calculated to preserve the integrity of 
our State, and prevent any portion of our territory and 
citizens from being transferred to a Foreign Power. 

In THE House of Representatives, January 18, 1832. 
Read and passed. 

Benjamin White, Speaker. 

Read and passed, In Senate, Jan. 19, 1832. 

Robert P. Dunlap, President. 

Approved, January 19, 1832. 

SAMUEL E. SMITH. 



CXLVII. 

COOPERATION OF MASSACHUSETTS SOLICITED, BY 

THE TWELFTH LEGISLATURE OF THE STATE 

OF MAINE. 

January 24, 1832. 

Sources. 

The intimate relation which existed between Maine and 
Massachusetts was strengthened by the large amount of 



TERRITORIAL HISTORY OF MAINE. 297 

public lands still held jointly as well as in severalty by both 
states, especiall}'^ upon the frontier, where the work of sur- 
veying had been stopped by the disturbed condition of 
affairs. The twelfth legislature of the State of Maine passed 
a resolve January 24, 1832, requesting the cooperation of 
Massachusetts in refusing a new line for the northeastern 
boundary. February 15 the General Court passed a con- 
current resolve to reject the " award" of William, king of 
the Netherlands, 

The text is reprinted from "Resolves of the Twelfth 
Legislature of the State of Maine " (Augusta, 1832), 344, 
345. 

Text. 

Whereas it appears by the extraordinary recommenda- 
tion of the King of Holland, acting as Arbiter on the North 
Eastern Boundary question, that a portion of our territory, 
of which the Commonwealth of Massachusetts and the State 
of Maine are joint owners, is sought to be ceded to Great 
Britain in violation of the rights of property of the former 
State, and of the rights of property, as well as sovereignty, 
of this State ; and Whereas a crisis has arrived, which, it is 
believed, calls for the vigorous and united action of Massa- 
chusetts and Maine to save the former from the loss of 
property and the latter from being dismembered : and 

Whereas the people of Maine, recently separated from 
the Parent State, feel that they will not appeal in vain to 
the high moral sense, as well as the sympathies, of the 
Commonwealth of Massachusetts to aid them, at this critical 
juncture, in preventing their ancient landmarks from being 
removed, and a portion of their territory and citizens from 
being wrongfully transferred to a foreign Power ; therefore. 

Resolved, That the Legislature of the Commonwealth of 
Massachusetts be requested to co-operate with this State in 
such measures as shall be best calculated to prevent the 
adoption of a new line for the Northeastern Boundary of the 
United States, as recommended by the King of Holland, 



298 DOCUMENTS RELATING TO THE 

instead of the old line established by the treaty of seventeen 
hundred eighty three, whereby a portion of the territory 
owned by the two States is jeoparded, and the integrity and 
sovereignty of this State are threatened. 

Hesolved, That the Governor, with advice of Council, be 
authorized to appoint an Agent, whose duty it shall be to 
repair to Boston and deliver to the Executive of Massachu- 
setts a copy of these and other Resolves in relation to the 
Northeastern Boundary question, passed at this session, 
with a request that he will lay the same before the Legisla- 
ture of that Conitnou wealth, and that he also deliver a copy 
to each member of the Council and Legislature of the 
Commonwealth. 



CXLVin. 

rp:solve respp:cting the public lands held in 

common by maine and massachusetts, with 

report of commissioners, by the 

twelfth legislature of the 

state of maine. 

March 9, 1832. 

Sources. 

A plan for the management of the public lands held 
jointly as well as in severalty by Maine and Massachusetts 
which was drawn up by the commissioners ap])ointed by the 
respective states was presented, with resolutions, to the 
twelfth legislature of the State of Maine, and was approved 
March 9, 1832 ; it was accepted and ratified by the General 
Court of Massachusetts, March 14. 

The text is reprinted from "Resolves of the Twelfth 
Legislature of the State of Maine " (Augusta, 1832), Ch. 
119, pp. 439-442. 



TERRITORIAL HISTORY OF MAINE. 299 

Text. 

Whereas the Commissioners appointed by the respective 
Governments of Massachusetts and Maine for the purpose 
of agreeing upon a system for the sale, disposition, and 
management of the public lands have made Report of their 
agreement in the words following. 

Now we, George W. Coffin the Commissioner appointed 
on the part of the said Commonwealth, and Daniel Rose, 
the Commissioner appointed on the part of the State of 
Maine, pursuant to the authority vested in us, and in exe- 
cution of the duties assigned to us in and by said Resolves, 
and our Commissions aforesaid, met at Augusta, in the said 
State of Maine, on Tuesday the seventeenth day of January, 
eighteen hundred and thirty two ; and having considered 
the subject matter of our appointment, do agree, without 
any division of sentiment, to report the following system for 
the future disposition and management of the public lands, 
which we believe will advance the interests of both States, 
by rendering the lands intrinsically more valuable, and 
consequently more available to their funds ; viz : — 

That all that section ot the State of Maine, which now 
remains undivided, being the joint property of both States, 
shall hereafter be placed under the care, supervision and 
management jointly of the Land Agents of both States, for 
the time being, with power and authority to cause the same 
to be explored, from time to time, as they may judge 
expedient ; noting particularly the soil and growth, the sit- 
uation of the rivers and streams, their capability of afford- 
ing aids for transportation, and mill privileges, the situation 
and extent of the mountains and bogs, together with remarks 
upon the geology of the country, and such other informa- 
tion as can be obtained, indicative of the quality and value 
of the territory, that the relative qualities of the several 
sections may be better known and duly appreciated. And 



300 DOCUMENTS KKLATING TO THE 

that said Agents be authorized and enipowered, to dispose 
of the timber and grass, standing and growing on said terri- 
tory, in such way and manner as they may consider will 
best promote the interests of the States ; and to sell the 
land, in lots in such way and manner as will in their judg- 
ment be most conducive to the interest of both States, and 
best promote and expedite the settlement of the Country ; 
and also to sell, in half, or whole tow^nships, any })art of 
said territory, when the wants of the public require them 
and can be disposed of to advantage ; and so long as the 
same, or any part, remains unsold, to cause it to be pro- 
tected from the depredations of trespassers, by an adequate 
supervision of the premises. 

And that said Agents be further authorized and empow- 
ered to have a road surveyed and constructed, from the 
north line of the eighth range of townships north of the 
Waldo patent, in a northerly direction, over the most suita- 
ble land they can find for a road, between Moosehead and 
Chesuncook Lakes, towards the head waters of the Alagash 
river. And in all sales of land, contracts to be executed 
jointly by said Agents, on a credit not to exceed five annual 
payments, secured by notes payable with interest annually ; 
the States to have a lien on all the timber cut on said lands, 
if any, as security for the payment of said notes ; no timber 
however to be cut unless written permits are first obtained 
from said Agents. And when said notes are fully paid, and 
cancelled, said Contracts to have the full effect, and validity 
of a deed ; and unless the notes are paid when due, the 
Contract to be null and void, and all payments which have 
been made, to be forfeited to the use of said States. And 
one moiety of all sums of money, and securities, received 
for timber, or land, sold according to the foregoing provi- 
sions, after deducting the expenses for surveys, explorations, 
and other incidental charges, shall be placed in the hands of 



TERRITORIAL HISTORY OF MAINE. 301 

each Agent, for the benefit of their respective States, to be 
accounted for by each Agent, to the State or Commonwealth 
which he represents. 

And whereas, a very considerable portion of the public 
lands in Maine, have already been divided, and set otF in 
severalty to each State ; and although a separate title, or 
fee simple is thereby assigned to each State, of the town- 
ships so set off, yet in fact, the interest in the territory at 
large, especially that part which lies north of the monument 
line, remains the same as before the division took place, and 
all measures that would have a tendency to facilitate the 
settlement, and enhance the value before the division was 
executed, are equally applicable now. The Agents afore- 
said, are hereby authorized and empowered, to cause a 
particular exploration to be made, where the same may be 
necessary for their information and guidance, of such town- 
ships as were surveyed by order of the Commissioners, 
under the act for the separation of Maine from Massachu- 
setts ; and also of the townships lying north, and west of 
Bingham's Kennebec purchase, and are now unsold, and 
which are soon likely to be in the market ; and when they 
have obtained such information as will lead to a just esti- 
mate of the value of each township, to have them classed in 
from one to six classes ; those that are of the first quality 
for timber, to be placed in class number one, and those in 
the next grade, in number two ; and those of the first qual- 
ity for settlement, in the third, and so on, to six classes; 
and that a minimum price be put upon each class, below 
which no township, which may hereafter be authorized by 
the Legislatures to be sold, shall be disposed of, viz : Class 
number one, at seventy-five cents ; number two, at sixty 
cents ; number three, at fifty cents ; number four at forty 
cents ; number five, at thirty cents ; and number six at 
twenty cents an acre, after deducting the reservation of the 



302 DOCUMENTS RELATING TO THE 

public lots. Aud said Assents are hereby authorized, from 
time to time, as their information extends, to admit into the 
class to which they may belong, such townships as are now 
remote from the market, and which have not been previously 
classed ; and also place such townships as may have been 
erroneously estimated at the first valuation, to the class to 
which they really belong ; and transcripts of such valuation, 
certified by said Agents, shall be delivered to each Agent, 
that said Agents may proceed to dispose of them, for the 
benefit of the State which they severally represent, in such 
way and manner, as they would have done, had not this 
agreement been made ; subject only to the obligation, of not 
selling at a less price per acre, than the minimum valuation 
fixed thereon as aforesaid. And such townships as are 
peculiarly suitable for a settlement, when lotted for that 
purpose, to be sold in lots, to such persons only, as intend, 
and will engage to settle and improve the same, to be fixed 
at the minimum value of fifty cents an acre. 

And said Agents are hereby authorized to continue the 
road that has already been commenced, from Mattawamkeag 
river to the Aroostook river, and also to remove such 
obstructions in the rivers and streams, and make such other 
improvements in the territory in general, as in their opinion 
will add facilities to a settlement of the Country, and pro- 
vide an easy access to the territory in the interior. Provided, 
that the expense of such improvements does not exceed the 
amount of ten per centum, of the amount received for sales 
of timber, and land ; And provided further, that the Execu- 
tive of either State may suspend the authority of the Agent 
of that State, in the sale of land, timber, &c., until the 
meeting of the Legislature, and to the end of the session 
thereof, unless in the mean time, the Legislature shall oth- 
erwise direct the Agent aforesaid. And each State shall be 
responsible for the fidelity of its own Agent, and shall 



TERRITORIAL HISTORY OF MAINE. 303 

be accountable to the other, for any pecuniary loss, by rea- 
son of the joint sales of the said Agents of any lands, which 
are not duly accounted for, and the proceeds thereof paid 
over by the Agent of either State receiving the same, in 
proportion one to the other. 

In testimony whereof we, the said Commissioners, have 
to this instrument set our hands, this nineteenth day of 
January, in the year of our Lord one thousand eight 
hundred and thirty-two. 

GEO. W. COFFIN, 
DANIEL KOSE. 

Resolved, That the Legislature of Maine on their part, 
approve and ratify said agreement and authorize the Land 
Agent, for the time being, to carry the same into effect, so 
far as regards this State, Provided, said agreement shall be 
also ratified and approved by the Legislature of Massachu- 
setts. And provided also that after the expiration of five 
years from the date of said agreement it shall be competent 
for the Legislature of either State to discontinue or annul 
said arrangement, unless both parties should then be satis- 
fied to continue it for a further time. 

Resolved, That the Governor be requested to transmit a 
copy of the foregoing preamble and resolution to the 
Executive of Massachusetts. 



CXLIX. 

BOND GIVEN TO THE PENOBSCOT TRIBE OF 

INDIANS, BY COMMISSIONERS OF THE 

STATE OF MAINE. 

June 10, 1833. 

Sources. 

The bond given to the Penobscot tribe of Indians, June 
10, 1833, was for $50,000 to be deposited for the use of 



304 iJOCUMENTsi RELATING TO THE 

the tiilx' ill lieu of townships purchased from them hy the 
conmiissioneis. 

The bond was printed, with Indian treaties, by Joseph 
W. Porter, editor, " Bangor Historical Magazine" (Bangor, 
1886, 1887), II., 99, 100; it was first transcribed from the 
original document, and })rinted with "Acts and Resolves of 
the Twenty-third Legislature of the State of Maine" 
(Augusta, 1843), 262, 263, wiiich is the text adopted. 

Text. 

Whereas We, Amos M. Roberts, of Bangor, and Thomas 
Bartlett, of Orono, in the county of Penobscot, Esquires, 
commissioners appointed by the governor of Maine, to pur- 
chase for said state such of the lauds of the Penobscot tribe 
of Indians as they might be disposed to sell, having met 
the governor and principal men of said tribe in the council 
chamber of said tribe, on the 10th day of June, A.D. 1833, 
for the purpose of })urchasing the lands aforesaid, and hav- 
ing discussed the subject of the meeting in open council 
and there obtained the consent of said tribe to sell their 
four townships of land to said state, and whereas, the gov- 
ernor and lieutenant governor, by his attorne3s by him 
appointed for that purpose, the councillors and captains of 
said tribe, then and there executed to said state, under 
their hands and seals, a deed of said four townships, cove- 
nanting for themselves and in behalf of said tribe to war- 
rant and defend the same to the state against the claims of 
said tribe. Now, therefore, we the commissioners afore- 
said, in consideration of the premises have and do hereby 
covenant with said tribe of Indians, in behalf of the state 
of Maine, to pay to said tribe the sum of fifty thousand 
dollars, in the manner following, to wit : said sum of fifty 
thousand dollars shall be deposited in the states treasury, 
and the interest, reckoning from the date hereof, shall annu- 
ally be paid under the direction of the governor and council 
of said state, through the Indian agent for the benefit of said 



TERRITORIAL HISTORY OF MAINE. 305 

tribe: provided it should in their opinion, be required for 

the comfortable support of said tribe, and if at any time 

at the annual settlement any part of said interest should 

remain in the treasury, unexpended, it shall be added to 

the principal of fifty thousand dollars and become a part 

thereof, and said sum of fifty thousand dollars, together 

with such increase as it may from year to year receive, and 

shall forever remain in the treasury an accumulating fund, 

for the benefit of said tribe. 

In witness whereof, we the said commissioners, have 

hereunto set our hands and seals this 10th day of June, 

A.D. 1833. 

Signed, Sealed and delivered ^ 

in presence of S 

(L. S.) 

(L. S.) 

We hereby certity that the above obligation is a true 

copy of the one we gave to the Indians. 

A. M. ROBERTS, > ^ 

C Commissioners. 

THOMAS BARTLETT, 5 

Bangor, January, 1834. 



CL. 

ACT TO ESTABLISH THE MASSACHUSETTS 

SCHOOL FUND, BY THE GENERAL COURT 

OF MASSACHUSETTS. 

March 31, 1834. 

8oui'ces. 

The act to establish the Massachusetts school fund is 
included in this collection of documents relating to the ter- 
ritorial history of Maine that the economic relation of our 

Vol. II. 21 



306 DOCUMENTS KKLATINO TO THE 

public lands to the educational interests both of Maine and 
Massachusetts may be more clearly understood. 

The text adopted is that of the " Laws of the Common- 
wealth of Massachusetts" (Boston, 1836), XIII., 241, 242. 

Text. 

An Act to Establish the Massachusetts School Fund. 

Sec. 1. Be it enacted bi/ the iSenate and House of 
Representatives, in General Court afisembled, and hy the 
authority oj the same, That, from and after the first day of 
January next, all monies in the treasury derived from the 
sale of lands in the state of Maine, and from the claim of 
the state on the <Tovernment of the United States for mili- 
tary services, and not otherwise appropriated, together 
with fifty per centum of all monies thereafter to be received 
from the sale of lands in Maine, shall be appropriated to 
constitute a permanent fund for the aid and encouragement 
of common schools : provided, that such fund shall never 
exceed one million of dollars. 

Sec. 2. Be it further enacted. That the income only 
of said fund shall be appropriated to the aid and encourage- 
ment of common schools, and that a just and equal distribu- 
tion thereof shall be made to the city of Boston and the 
several towns and districts in the Commonwealth in such 
manner as the legislature shall hereafter a})point : jii-ovided, 
that there shall never be paid to any city, town or district 
a greater sum than is raised therein respectively for the 
support of common schools. 

[Approved by the Governor, March 31, 1834.] 



TERRITORIAL HISTORY OF MAINE. 307 



CLI. 

RESOLVE RELATING TO THE NORTHEASTERN BOUND- 
ARY, BY A COMMITTEE APPOINTED BY THE 
LEGISLATURE OF THE STATE OF MAINE. 

March 30, 1841. 

Sou7xes. 

The resolves relating to the northeastern boundary, which 
were presented to the twenty-first legislature of the State 
of Maine by a committee appointed by the legislature, not 
onl}^ illustrate the condition of affairs on the frontier during 
the so-called " Madawaska war," but they also represent 
the sentiment of Maine with regard to the course to be 
adopted by the federal government. 

The resolves were fii'st printed with " Report of the 
Committee, Charles S. Daveis, Chairman, on the Northeast- 
ern Boundary, Legislative Documents, 1841," Senate, No. 
19, pp. 77-80; and reprinted in "Resolves of the Twenty- 
first Legislature of the State of Maine" (Augusta, 1841), 
637, 638. 

The text adopted is that of the " Report." 

Text. 

Resolved, That the Legislature sees no occasion to renew 
the declarations heretofore made of the right of this State 
to the whole of its territory, according to the treaty of 
1783, unjustly drawn into question by Great Britain, 
(entirely recognized by the unanimous Resolutions of Con- 
gress in 1838,) nor to repeat its own former Resolutions on 
the subject. And it regards with grateful satisfaction the 
strong, increasing and uniform demonstrations, from all 
parts of the Union, of conviction thereof, and of determi- 
nation to support the same. 



308 DOCUMENTS RELATING TO THE 

Resolved, That this Legislature adopts and affirms the 
principles of former Resolves of preceding Legislatures in 
relation thereto, in all their torce and extent ; that it 
approves their 8})irit, insists on their virtue, adheres to 
their terms, and holds the National Government bound to 
fulfil their obligations ; that it deprecates any further delay, 
and cherishes an earnest trust and expectation, that the 
National Government will not fail, speedily to cause our 
just rights, too long neglected, to be vindicated and main- 
tained, either by negotiation or by arms. 

Resolved, That we truly appreciate the patriotic spirit 
with which the Federal Government espoused, and our sis- 
ter States embraced our cause, and the country came to our 
side, in a most severe and critical emergency ; and that, 
confiding in their continued sympathy and support, and 
confirmed in the strength of our cause, we feel warranted 
to rely for safety on the sovereign power of the Union, the 
people of this State maintaining all their Constitutional 
rights. 

Resolved, That in accordance with the generous examples 
of our sister States, and not to be behind their free-will 
offerings on our behalf, this State also voluntarily tenders 
its whole powers and resources, without reserve, to the 
supreme authorities of the Union, to sustain our national 
rights and honor; and it stands ready, furthermore, obey- 
ing the call, and abiding the will, of the country, to go for- 
ward and occupy that position which belongs and shall be 
marked out to it ; and engages that it will not be wanting 
in any act, or duty, of devotion to the Union, of fidelity to 
itself, and, above all. to the common cause of our whole 
country. 

Resolved, That this State is suffering the extreme unre- 
sisted wrong of British invasion, begun in 1839, repeated 
in 1840, and continued to this time, in violation of solemn 



TERRITORIAL HISTORY OF MAINE. 309 

and deliberate pledges from abroad, guaranteed by our own 
Executive Government ; that the President of the United 
States, therefore, be requested and called upon to fulfil the 
obligation of the Federal Constitution, by causing the 
immediate removal, or expulsion, of the foreign invading 
force, now stationed within the bounds of Maine ; and, other 
methods failing, to cause military possession to be taken of 
the disputed territory. 

Resolved, That the Government of the United States be 
earnestly invoked to provide for our future protection 
against foreign aggression, by proper establishments of 
military force, upon the frontier, and by the due exertion 
of its constitutional powers, to liberate and relieve this State 
from the present heavy burden of its own needful, unavoid- 
able, defence. 

Resolved, That the Government of the United States is 
bound to cause the commission appointed to explore and 
trace the North-Eastern Boundary line from the North- West 
angle of Nova Scotia, along those highlands which divide 
the waters that empty into the river St. Lawrence from 
those that fall into the Atlantic Ocean, according to the 
treaty of 1783, to be prosecuted with the utmost speed, 
vigor, and certainty to its definite and absolute conclusion, 
and that the same should be completed, and the true line 
run, and marked, within the period of the present year. 

Resolved, That the Governor be requested to transmit a 
copy of these Resolves, together with this Report, to the 
President of the United States ; and that similar copies of 
the same be transmitted to the presiding oflScers of the two 
branches of Congress, and to the Executives of the several 
States and the presiding officers of the several Legislatures 
of said States, and to the Senators and Representatives in 
Congress of this State and of Massachusetts. 



310 DOCUMENTS RELATING TO THE 



CUT. 

RESOLVE IN FAVOR OF A CONVENTIONAL LINE, 

BY THE TWENTY-SECOND LEGISLATURE OF 

THE STATE OF MAINE. 

May 26, 1842. 

Sources. 

During the years from 1832, when the award of the king 
of the Netherlands was waived by both the " interested 
parties," until 1842, when Maine assented to a compromise, 
there had been frequent collisions on the frontier. Although 
the Aroostook, or Madawaska war, called for troops which 
were sent to the scene of disturbance, the outbreak was a 
bloodless war; nevertheless it was the occasion of great 
annoyance and the expenditure of large sums of money. 

The printed volumes of " Resolves of the State of Maine " 
contain valuable material connected with those years of 
open controversy. Other works are by Albert Gallatin, 
"The Right of the United States to the North-Eastern 
Boundary claimed by them " (New York, 1840) ; Charles 
S. Daveis, " Report of the Committee on the North Eastern 
Boundary, Legislative Documents, 1841 ; " William P. 
Preble, " The Decision of the King of the Netherlands" 
(published anonymously, Portland, 1841) ; Israel Wash- 
burn, Jr., "The North-Eastern Boundary," in Maine His- 
torical Society, " Collections," Vol. VIII.; and John G. 
Deane's nuij) illustrating the loss to Maine by the North- 
eastern Boundary (1842); in the society's "Collections 
and Proceedings," Vol. I. In the Library of Harvard Uni- 
versity in a bound volume are copies of commissions of the 
several governors who administered the affairs of the Eng- 
lish Provinces from 17G9 to 1786 ; this manuscript volume 
was used by Mi'. ]-*rcblc while he was minister of the Uni- 
ted States at the Court of the Netherlands. 

The resolve in favor of a conventional line is printed in 
" Resolves passed by the Legislature of Maine at the Extra 



TERRITORIAL HISTORY OF MAINE. 311 

Session, 1842" (Augusta, 1842), 110, 111, also with 
"House Executive Documents," 27 Cono;. 3 sess., No. 2, 
67, 68. The text adopted for this reprint is that of the 
"Resolves." 

Text. 

Wliereas, the preceding legislatures of this state, in con- 
formity with the well settled conviction of all the people 
thereof, and with incontrovertible evidence before them on 
the subject, have uniformly declared that the boundary of 
Maine, on its northern and northeastern frontiers, as desiff- 
nated in the treaty of 1783, can be laid down and fixed 
according to the terms of that treaty ; and that such line 
embraces all the territory over which this state claims })rop- 
erty, sovereignty and jurisdiction ; and the executive and 
Conofress of the United States having recognized the valid- 
ity of that claim in its full extent, this legislature renews 
such declarations in the most solemn manner ; and 

Whereas, for a series of years, every attempt to adjust 
the vexed questions in regard to the establishment of the 
said boundary having proved ineffectual, it has been repre- 
sented to the government of this State that the minister 
plenipotentiary and special of her Britannic Majesty, at 
Washington, has officially announced to the government of 
the United States, that he has authority to treat for a con- 
ventional line, or line by agreement, on such terms and 
conditions, and with such considerations and equivalents as 
may be thought just and equitable ; and, that he is ready 
to enter upon a negotiation for such conventional line as 
soon as the government of the United States shall say that 
it is authorized, and ready on its part, to commence such 
negotiation ; and. 

Whereas, the government of the United States, not pos- 
sessing the constitutional power to conclude any such 
negotiation without the assent of Maine, has invited the 



312 DOCUMENTS RKLATINO TO THE 

government of this State to co-operate to a certain extent, 
and in a certain form, in an endeavor to terminate a contro- 
versy of so long duration : 

Noiv, considering the premises, and believing that the 
people of this state, after having already manifested a for- 
bearance, honorable to their character, under long contin- 
ued violations of their rights by a foreign nation ; and, 
though not disposed to yield to unfounded pretensions, are 
still willing, in regard to the proposal now made by the 
general government, to give additional evidence to their 
fellow citizens throughout the United States of their desire 
to preserve the peace of this Union, by taking measures to 
discuss and conclude, if possible, the subject in contro- 
versy, in a manner that will secure the honor and interests 
of the state ; this legislature adopts the following resolu- 
tions, with the understanding, however, that, in the event 
of a failure in such endeavor towards an arrangement, no 
proceedings thereunder shall be so construed as to preju- 
dice in any manner the rights of the state as they have been 
herein asserted to exist : 

Resolved, That there shall be chosen, by ballot, in con- 
vention of both branches of the legislature, four persons 
who are hereby constituted and appointed commissioners, 
on the part of this state, to repair to the seat of govern- 
ment of the United States, and to confer with the authori- 
ties of that government touching a conventional line, or 
line l)y agreement, between the state of Maine and the 
British provinces, having regard to the line designated by 
the treaty of 1783 as uniformly claimed by this state, 
and to the declarations and views expressed in the forego- 
ing preamble, and to give the assent of this state to any 
such conventional line, with such terms, conditions, consid- 
erations and equivalents as they shall deem consistent with 
the honor and interests of the state ; with the understanding 



TERRITORIAL HISTORY OF MAINE. 313 

that no such line shall be agreed upon without the unani- 
mous assent of such commissioners. 

Resolved, That this state cannot regard the relinquish- 
ment by the British government of any claim heretofore 
advanced by it to territory included within the limits of the 
line of this state as designated by the treaty of 1783 and 
uniformly claimed by Maine, as a consideration or equiva- 
lent within the meaning of these resolutions. 

Resolved, That the said commissioners be furnished by 
the governor with evidence of their appointment, under the 
seal of the state. 

Resolved, That the governor, by and with the advice and 
consent of the council, have power to fill any vacancy which 
may occur in said commission by death, resignation, or 
otherwise. 

Resolved, That the said commissioners make return of 
their doings herein to the governor, to be by him presented 
to the legislature at its next session. 

[Approved May 26, 1842.] 

CLIII. 

EXTRACTS FROM THE TREATY OF WASHINGTON, 

BETWEEN THE UNITED STATES AND GREAT 

BRITAIN. 

August 9, 1842. 

Sources. 

By the treaty of Washington, August 9, 1842, which is 
sometimes called from the negotiators the Webster-Ash- 
burton treaty, arrangements were made for the final settle- 
ment of boundaries between the different states and the 
British possessions in North America. Under this treaty 
Maine and Massachusetts received compensation for all 
expenses incurred for protection of the frontier, and 
$300,000 in " equal moieties" for assent to the new boundary 
line. With the ratification of the treaty the convention 
of 1827 terminated. 

Vol. II. 22 



314 DOCUMENTS RELATING TO THE 

The treaty is iu " House Executive Documents," 27 
Cong., 3 sess., No. 2, pp. 25-30 ; Frederic Murhard, editor, 
" Nouveau Recueil General de Traites, ..." (Gottingue, 
1843), III., 45f)-464; "Statutes at Large of the United 
States of America" (Boston, 1846), VIII. , 572-577; 
'•British and Foreiiru State Papers," (London, 1858), 
XXX., 360-367; John H. Haswell, compiler, "Treaties 
and Conventions concluded between the United States of 
America and Other Powers since July 4, 1776 " (Washing- 
ton, 1889), 432-438; also William Macdonald, "Select 
Documents illustrative of the History of the United States, 
1776-1861" (New York, 1898), 335-343; and Daniel 
Webster, " Works" (Boston, 1851), VI., 356-365. 

Extracts which relate to the northeastern boundary of the 
United States are reprinted for this compilation from 
" Executive Documents." 

Text. 

A TREATY 
To settle and define the boundaries between the territories 
of the United States and the possessions of her Brit- 
tannic Majesty in North America ; for the final sup- 
pression of the African slave trade ; and for the giving 
up of criminals, fugitives from justice, in certain cases. 

Whereas certain portions of the line of boundary between 
the United States of America and the British dominions in 
North America, described in the second article of the treaty 
of peace of 1783, have not yet been ascertained and deter- 
mined, notwithstanding the repeated attempts which have 
been heretofore made for that purpose : and whereas it is 
now thought to be for the interest of both parties, that, 
avoiding further discussion of their respective rights, arising 
in this respect under the said treaty, they should agree on 
a conventional line in said portions of the said boundary, 
such as may be convenient to both parties, with such equiv- 
alents and compensations as are deemed just and reasonable : 
and whereas, by the treaty concluded at Ghent on the 24th 



TERRITORIAL HISTORY OF MAINE. 315 

day of December, 1814, between the United States and His 
Britannic Majesty, an article was agreed to and inserted of 
the following tenor, viz: "Art. 10. Whereas the traffic 
in slaves is irreconcilable with the principles of humanity 
and justice : and whereas both His Majesty and the United 
States are desirous of continuing their efforts to promote its 
entire abolition, it is hereby agreed that both the contract- 
ing parties shall use their best endeavors to accomplish so 
desirable an object : " and whereas, notwithstanding the 
laws which have at various times been passed by the two 
governments, and the efforts made to suppress it, that 
criminal traffic is still prosecuted and carried on : and 
whereas the United States of America and Her Majesty the 
Queen of the United Kingdom of Great Britain and Ireland 
are determined that, so far as may be in their power, it 
shall be effectually abolished : and whereas it is found 
expedient, for the better administration of justice and the 
prevention of crime within the territories and jurisdiction of 
the two parties, respectively, that persons committing the 
crimes hereinafter enumerated, and being fugitives from 
justice, should, under certain circumstances, be reciprocally 
delivered up. The United States of America and Her 
Britannic Majesty, having resolved to treat on these several 
subjects, have for that purpose appointed their respective 
plenipotentiaries to negotiate and conclude a treaty, that is 
to say, the President of the United States has, on his part, 
furnished with full powers Daniel Webster, Secretary of 
State of the United States, and Her Majesty the Queen of 
the United Kiagdom of Great Britain and Ireland has, on 
her part, appointed the Right Honorable Alexander Lord 
Ashburton, a peer of the said United Kingdom, a member 
of Her Majesty's most honorable Privy Council, and Her 
Majesty's Minister Plenipotentiary on a special mission to 
the United States, who, after a reciprocal communication of 



316 DOCUMENTS RELATING TO THE 

their respective lull powers, luive agreed to and signed the 
following articles : 

ARTICLE I. 

It is hereby agreed and declared that the line of l)oundary 
shall be as follows : Beginning at the monument at the 
source of the river St. Croix as designated and agreed to by 
the commissioners under the fifth article of the treaty of 
1794, between the governments of the United States and 
Great Britain ; thence north, following the exploring line 
run and marked by the surveyors of the two Governments 
in the years 1817 and 1818, under the fifth article of the 
treaty of Ghent, to its intersection with the river St. John, 
and to the middle of the channel thereof; thence, up the 
middle of the main channel of the said river St. John, to 
the mouth of the river St. Francis ; thence, up the middle 
of the channel of the said river St. Francis, and of the lakes 
through which it flows, to the outlet of the Lake rohenaga- 
mook ; thence, southwesterly, in a straight line, to a point 
on the northwest branch of the river St. John, which point 
shall be ten miles distant from the main branch of the St. 
John, in a straight line, and in the nearest direction — but 
if the said point shall be found to be less than seven miles 
from the nearest point of the summit or crest of the high- 
lands that divide those rivers which empty themselves into 
the river St. Lawrence from those which fall into the river 
St. John, then the said point shall be made to recede down 
the said northwest branch of the river St. John, to a point 
seven miles in a straight line from the said summit or crest ; 
thence, in a straight line, in a course about south, eight 
degrees west, to the point where the parallel of latitude of 
forty-six degrees and twenty-five minutes north intersects 
the south west branch of the St. John ; thence, southerly, 
by the said branch, to the source thereof in the highlands 



TERRITORIAL HISTORY OF MAINE. 317 

at the Metjarmette portage; thence, down along the said 
highlands which divide the waters which empty themselves 
into the river St. Lawrence from those which fall into the 
Atlantic ocean, to the head of Hall's stream ; thence, down 
the middle of said stream, till the line thus run intersects 
the old line of boundary surveyed and marked by Valentine 
and Collins, previously to the year 1774, as the forty-fi/th 
degree of north latitude, and which has been known and 
understood to be the line of actual division between the 
States of New York and Vermont on one side, and the 
British province of Canada on the other ; and from said 
point of intersection, west, along the said dividing line, as 
heretofore known and understood, to the Iroquois or St. 
Lawrence river. 

ARTICLE III. 

In order to promote the interests and encourage the in- 
dustry of all the inhabitants of the countries watered by 
the river St. John and its tributaries, whether living within 
the State of Maine or the province of New Brunswick, it is 
agreed that, where, by the provisions of the present treaty, 
the river St. John is declared to be the line of boundary, 
the navigation of the said river shall be free and open to 
both parties, and shall in no way be obstructed by either ; 
that all the produce of the forest, in logs, lumber, timber, 
boards, staves, or shingles, or of agriculture, not being 
manufactured, grown on any of those parts of the State of 
Maine watered by the river St. John, or by its tributaries, 
of which fact reasonable evidence shall, if required, be pro- 
duced, shall have free access into and through the said river 
and its said tributaries, having their source within the State 
of Maine, to and from the seaport at the mouth of the said 
river St. John, and to and round the falls of the said river, 
either by boats, rafts, or other conveyance ; that when 



318 DOCUMENTS RELATING TO THE 

within the province of New Brunswick, the said produce 
shall l)e dealt with as if it were the produce of the said 
province ; that, in like manner, the inhabitants of the terri- 
tory of the upper St. John, determined by this treaty to 
belong to Her Britannic Majesty, shall have free access to 
and through the river, for their produce, in those parts 
where the said river runs wholly through the State of 
Maine : Provided, always, That this agreement shall give 
no right to either party to interfere with any regulations 
not inconsistent with the terms of this treaty which the 
Governments, respectively, of Maine or of New Brunswick 
may make respecting the navigation of the said river, where 
both banks thereof shall belong to the same part3\ 

ARTICLE IV. 

All grants of land heretofore made by either party, 
within the limits of the territory which by this treaty falls 
within the dominions of the other party, shall be held valid, 
ratified, and confirmed to the persons in possession under 
such grants, to the same extent as if such territory had by 
this treaty fallen within the dominions of the party by 
whom such grants were made ; and all equitable possessory 
claims, arising from a possession and improvement, of any 
lot or parcel of land, by the person actually in possession, 
or by those under whom such person claims, for more than 
six years before the date of this treaty, shall, in like 
manner, be deemed valid, and be confirmed and quieted by 
a release to the person entitled thereto, of the title to such 
lot or parcel of land, so described as best to include the 
improvements made thereon ; and in all other respects 
the two contracting parties agree to deal upon the most 
liberal principles of equity with the settlers actually dwell- 
ing upon the territory falling to them, respectively, which 
has heretofore been in dispute between them. 



TERRITORIAL HISTORY OF MAINE. 319 

ARTICLE V. 

Whereas, in the course of the controversy respecting the 
disputed territory on the northeastern boundary, some 
moneys have been received by the authorities of Her 
Britannic Majesty's province of New Brunswick, with the 
intention of preventing depredations on the forests of the 
said territory, which moneys were to be carried to a fund 
called the " disputed territory fund," the proceeds whereof, 
it was agreed, should be hereafter paid over to the parties 
interested, in the proportions to be determined by a final 
settlement of boundaries : It is hereby agreed, that a correct 
account of all receipts and payments on the said fund shall 
be delivered to the Government of the United States, 
within six months after the ratification of this treaty ; and 
the proportion of the amount due thereon to the States of 
Maine and Massachusetts, and any bonds or securities 
appertaining thereto, ghall be paid and delivered over to 
the Government of the United States ; and the Government 
of the United States agrees to receive for the use of, and 
pay over to, the States of Maine and Massachusetts, their 
respective portions of said fund ; and further to pay and 
satisfy said States, respectively, for all claims for expenses 
incurred by them in protecting the said heretofore disputed 
territory, and making a survey thereof, in 1838 ; the Gov- 
ernment ot the United States agreeing, with the States of 
Maine and Massachusetts, to pay them the further sum 
of three hundred thousand dollars in equal moieties, on 
account of their assent to the line of boundary described in 
this treaty, and in consideration of the conditions and 
equivalents received therefor, from the Government of Her 
Britannic Majesty. 

ARTICLE VI. 

It is furthermore understood and agreed, that for the 



320 DOCUMENTS RELATING TO THE 

purpose of running and tracing those parts of the line 
between the source of the St. Croix and the St. Lawrence 
rivers which will icquire to be run and ascertained, and for 
marking the residue of said line by proper monuments on 
the land, two commissioners shall be appointed, one by the 
President of the United States, by and with the advice and 
consent of the Senate thereof, and one by Her Britannic 
Majesty : and the said commissioners shall meet at Bangor, 
in the State of Maine, on the first day of May next, or as 
soon thereafter as may be, and shall proceed to mark the 
line above described, from the source of the St. Croix to 
the river St. John ; and shall trace, on proper maps, the 
dividins: line along said river, and along the river St. 
Francis, to the outlet of the Lake Pohenagamook ; and, 
from the outlet of the said lake, they shall ascertain, fix, 
and mark, by proper and durable monuments on the land, 
the line described in the first article of this treaty ; and the 
said commissioners shall make to each of their respective 
Governments a joint report or declaration, under their 
hands and seals, designating such line of boundary, and 
shall accompany such report or declaration with maps, cer- 
tified by them to be true maps of the new boundary. 

ARTICLE XII. 

The present treaty shall be duly ratified, and the mutual 
exchange of ratifications shall take place in London, within 
six months from the date hereof, or earlier if possible. 

In faith whereof, we, the respective Plenipotentiaries, 
have signed this treaty, and have hereunto aflSxed our seals. 

Done, in duplicate, at Washington, the ninth day of 
August, Anno Domini one thousand eight hundred and 
forty-two. 

Dan'l Webster. Ashburton. 

[Seal] [Seal] 



TERRITORIAL HISTORY OF MAINE. 321 



CLIV. 

EXTRACTS FROM REPORT OF THE JOINT COMMIS- 
SION OF BOUNDARY, BY COMMISSIONERS 
UNDER THE TREATY OF WASHINGTON. 

January 28, 1847. 

Sources. 

The joint commission of boundary, appointed under the 
treaty of Washington, began its survey in 1843. In the 
prosecution of its work on the frontier of Maine three hun- 
dred men were employed eighteen months, and the area in 
dispute was estimated at 7,000,000,000 acres. Although 
Maine had lost tive twelfths of the territory in dispute on 
the northeastern frontier, it was claimed by the commis- 
sioners that compensatory advantages were gained on the 
northwest. 

The report of the commission, which was presented Jan- 
uary 28, 1847, is in Senate "Executive Documents" 30 
Cong., 1 sess., VIII. No. 71, pp. 3-11; and " Keport of 
the Regents of the University on the Boundaries of the 
State of New York" (Albany, 1884), II., 55-64. 

The extracts relating to the Maine boundaries are 
reprinted from "Executive Documents." 

Text. 

In obedience with the terms of the treaty, they [the 
commissioners] met at Bangor in the State of Maine, on 
the 1st day ot May, 1843, where they produced and verified 
the authority under which they each were respectively to 
act. They then adjourned, because the weather was not 
sufficiently open to take the field, to the first of the follow- 
ing month, June, and agreed to meet again at that time at 
Houlton. 

Accordingly, they did meet at that place and began their 
operations. 



322 DOCUMENTS RELATING TO THE 

It may be desirable to state, at the outset, that, for the 
sake of convenience, tlie wliole line of boundary marked by 
the undersigned has been divided, in the mention made of 
the diflerent portions, into the foHowing grand divisions, 
viz : 

North line, from the source of the St. Croix to the inter- 
section of the St. John. 

River St. John, from the intersection of the north line to 
the mouth of the St. Francis. 

River St. Francis, from its mouth to the outlet of I^ake 
Pohenagamook. 

Southwest line, from the outlet of Lake Pohenagamook 
to the northwest branch of the St. John. 

South line, from the noithwest branch to the })arallel of 
latitude 46 degrees 25 minutes on the southwest branch. 

Southwest l)ranch, from the parallel 4C^ degrees 25 minutes 
to its source. 

Highlands, from the source of the southwest branch of 
the St. John to the source of Hall's stream. 

Hall's stream, from its source to the intersection of the 
line of Valentine and Collins. 

West line, from Hall's stream to the St. Lawrence, near 
St. Regis, along the line of Valentine and Collins. 

To return to tlu; narrative of ex})l()rations : 

The exploring line of Colonel Bouchette and Mr. Johnson, 
as directed l)y the treaty, was traced from the monument at 
the source of the St. Croix to the intersection of the St. John. 

The monument found at the source of the St. Croix, as 
described in the report of Colonel Bouchette and Mr. John- 
son, and the course of their exploring line, was traced by 
blazes or marks upon the trees. 

An old line, cut by the assistant surveyors of Colonel 
Bouchette and Mr. Johnson, was also found, which termi- 
nated about half a mile north of the south branch of the 



TERRITORIAL HISTORY OF MAINE. 323 

Meduxnekeag, where, by records to which the undersigned 
referred, they ascertained that it had been abandoned, 
because of its deviation from the exploring line of Colonel 
Bouchette and Mr. Johnson. 

After the exploration and re-marking of the north line, it 
was cut out thirty feet wide. The same was afterwards 
done in all parts where the boundary line passed through 
woodland. After thus opening the north line, it was sur- 
veyed ; and iron posts were erected at intervals to mark it. 

The general bearing of the line was rather to the west of 
the meridian of the monument at the source of the St. 
Croix. The precise line laid down by the undersigned was 
determined by successive courses, of which each was made 
to be as long as was convenient, provided it did not pass 
out of the opening of thirty feet. 

At each angle of deflection an iron monument was erected, 
and placed anglewise with the line. Other monuments were 
erected at the crossing of roads, rivers, and at every mile, 
commencing from the source of the St. Croix. Those which 
were not intended to mark angles of deflection were placed 
square withthe line. 

At the intersection of the St. John by the north line, the 
river is deep and broad. The boundary runs up the middle 
channel of the river, as indicated by the maps, dividing the 
islands as follows : 

No. 1. Ryan's island United States 

No. 2. King's island United States 

No. 3. Des Trois isles United States 

No. 4. La Septieme isle United States 

No. 5. Quissibis Great Britain 

No. 6. La Grand isle United States 

No. 7. Thibideau's islands .... United States 
No. 8. Madawaska islands .... Great Britain 
No. 9. Joseph Michaud's three islands , United States 



324 



DOCUMENTS RELATING TO THE 



No. 10. l*iiio island 

No. 11. Baker's] 
Turtle I 
Dagle's V islands 
Fourth 
Fifth 

Kennedy's island 

Crock's -] 
Cranberry y islands . 
Gooseberry J 

Savage's ishind .... 

Wheelock's island . 

Caton's island .... 
No. 17. Honeywell's island 
No. 18. Savage and Johnson's island 
No. 19. Grew's island .... 
No. 20. Kendall's island . . . 



No. 12. 

No. 13. 

No. 14. 
No. 15. 
No. IG. 



Great Britain 

Great Britain 

Great Britain 

Great Britain 

United States 
United States 
United States 
United States 
United States 
United States 
Great Britain 



The islands were distributed to Great Britain or to the 
United States, as they were found to be on the right or left 
of the deep channel. There was l)ut one doubtful case, La 
Septieme isle, and that was apportioned to the United 
States, because the majority of the owners were ascertained 
to reside on the United States side of the river. 

Monuments were erected ui)on the islands, marking them 
for Great Britain or the United States, as the case may have 
been. 

After leaving the St. John, the boundary enters the St. 
Francis, dividing the islands at the mouth of that river in 
the manner shown in the maps. It then runs up the St. 
Francis, through the middle of the lakes upon it, to the 
outlet of Lake Pohenagamook, the Ihiid large lake from the 
mouth of (he river. At the outlet, a large monument has 
l)cen erected. 

In order to determine the point on the northwest branch 
to which the treaty directed that a straight line should be 



TERRITORIAL HISTORY OF MAINE. 325 

run from the outlet of Lake Pohenagamook, a survey of 
that stream was made, and also of the main St. John, in 
the neighborhood of the mouth of the northwest branch, 
ascertained by the survey to be ten miles in the nearest 
direction from it, and the distance was afterward verified 
by chaining. 

It was ascertained, also, in accordance with the provi- 
sions of the treaty, by a triangulation of the country 
towards the Highlands dividing the waters of the St. Law- 
rence and of the St. John, that more than seven miles inter- 
vened between the point selected on the northwest branch 
and the crest of the dividing ridge. A large iron monument 
was afterwards erected on the point thus selected, and the 
space around was cleared and sown with grass-seed. It is 
a short distance below the outlet of Lake Ishaganalshegeck. 

The outlet of Lake Pohenagamook and the point on the 
northwest branch, designated by the treaty, having l)een 
thus ascertained and marked in the spring of 1844, a straight 
line was run between them. Along that line, which passes 
entirely through forest, monuments were erected at every 
mile, at the crossings of the principal streams and rivers, 
and at the tops of those hills where a transit instrument had 
been set up to test the stiaightness of the line. 

As soon as the parallel of latitude 46 degrees 25 minutes 
had been determined on the southwest branch, in the early 
part of the summer of 1844, a straight line was drawn from 
the boundary point on the northwest branch to a large mon- 
unjent erected on the left bank of the southwest branch, 
where it is intersected l)y the parallel of latitude 46 degrees 
25 minutes. The line so drawn crosses the southwest 
branch once before it reaches the parallel of latitude 46 
degrees 25 minutes, and at about half a mile distance from 
that parallel. There, also, a large monument had been set 
up on the left bank. 



326 DOCUMENTS RELATING TO THE 

From tli(^ intc!is(!C'ti()ii ol'tlic i)!ir:illol 4() doj^rccs 25 min- 
utes, lli(! hoiiiidary ascends the scnithwest branch, passes 
throituli a lake near its head, and so up a small stream which 
falls into the lake from the west, to the source of that stream, 
which has been selected us the source of the southwest 
branch. 

On (he soutliwest branch there are two princii)al forks, 
at each of which two monuments have been erected ; one on 
each bank of the river, immediately above the forks, and 
upon the branch established as the boundary. The maps 
point out their positions. At the mouth of the small stream 
selected as the source of the soutliwest branch, a monument 
has been erected upon a delta formed by two small outlets. 
Above those outlets three other monuments have been 
placed, at intervals, upon the same stream. 

U})on the crest of the dividiui^ ridge, very close to the 
source of the southwest branch, a monument has been 
erected. It is the tirst point m the Highlands, and from it 
the boundary runs along the crest, in a southerly direction, 
passing near the southeastern shore of the Portage lake, 
and so on to ;i large monument erected on a small eminence 
on the (!ast side of the Kennebec road. Thence it passes 
through a dweliing-iu)use, called Tachereau's, which was 
standing there at the time the line was run ; so by a tortu- 
ous course, it runs to the top of the Sandy Stream moun- 
tain ; thence, inclining to the southw^est, it runs over Hog's 
Back the tirst, as shown in the map ; thence towards Hog's 
back the second, which it leaves on the north side. Fur- 
ther on, at the JH-ad of Leech lake, there is a stream which 
divides its waters and Hows both into Canada and into the 
United States. The boundary has been made to run up 
that stream a short distance from the fork, where the waters 
divide to a second fork ; thence between the streams which 
unite to form that fork, and then to ascend again the dividing 



TERRITORIAL HISTORY OF MAINE. 327 

rido-e. A monument has been erected at the fork first 
mentioned, where the waters divide. 

As the boundary approaches the valley of Spider river, it 
bends to the southeast, and, by a wide circuit over high and 
steep hills, it turns the head of Spider river ; thence it 
bends to the northwest, until it approaches within about 
four miles of Lake Megantic ; thence it turns again south, 
having the valley of Arnold's river on the right, and of 
Dead river on the left. It leaves Gasferd mountain in Can- 
ada, threads its way over very high ground between the 
head of Arnold's river and the tributaries ot the Magallo- 
way ; inclines them to the north, to the west, over very 
rocky, mountainous, and difficult country, leaving Gipp's 
Peak in the United States, and turns by a sharp angle at 
Saddle Back, to the south. After that it again inclines to 
the west, and then to the south, and again to the west, and 
passes the head of the Connecticut. . . . 

In conclusion, the undersigned have the honor to report, 
that the line of boundary described in the foregoing state- 
ment has been run, marked, and surveyed, and the accom- 
panying maps faithfully constructed from that survey. 

The undersigned take leave to add, that the most perfect 
harmony has subsisted between the two commissions, from 
first to last, and that no difl'erences have arisen between the 
undersigned in the execution of the duties entrusted to them. 

Signed and sealed in duplicate, at the city of Washington, 
this twenty-eighth day of June, in the year of our Lord one 
thousand eight hundred and forty-seven. 

J. B. BUCKRALL ESTCOURT, Lt.Col. [Seal.] 
H. B. M. Commissioner. 
ALBERT SMITH, [Seal.] 

United States Commissioner. 



328 DOCUMENTS RELATING TO THE 



CLV. 

ACT lOU JIIK SETTLEMENT OF BOUNDARIES BE:- 

TWEEN THE PROVINCES OF CANADA AND 

NEW BRUNSWICK, BY THE PARLIAMENT 

OF GREAT BRITAIN. 

/Sources. 

After the coinmissionei-s of l)()un(l:iry iindei" the treaty of 
Wa.shiiigton had made a report to their respective govern- 
ments an act for the settlement of boundaries l)et\veen the 
provinces of Canada and New Brunswick was passed hy the 
parliament of Great Britain August 7, ]H')l, ;ind received 
her Majesty's assent; February 18, 1852, the general 
assembly of the province of New Brunswick passed an act 
" to annex the territoi'v awarded by arbitrators and to alter 
boundary lines." 

The act for the settlement of boundaries is twund in "The 
Statutes of the United Kingdom of Great Britain and Ire- 
land " (London, 1851), XCI., 304, 305; and as an " in- 
closure '" with despatch from Eail Gray to Govern-Cteneral, 
the Earl of Elgin and Kincardine, in "Journals of the Leg- 
islative Assembly of the Province of Canada" (185 2-53), 
Appendix Z. Z., No, 11. 

Since the act describes the western boundary of New 
Brunswick it is inserted among the documents which relate 
to the territorial history of Maine. 

Text. 

Whereas certain Disputes have existed respecting the 
Boundary Line between the Provinces of Canada and JV^eto 
Brunsioick in North America; and pending such Disputes 
certain Funds have arisen from the disputed Territor\', and 
have been received by the governments cf such Provinces 
respectively : And whereas, with a view to the Settlement 
of such Disputes, the Governor General of Canada an J the 
Lieutenant Governor of New Brunsioick^ by the Advice of 



TERRITORIAL HISTORY OF MAINE. 329 

their respective Councils, agreed that the Matter in dispute 
should be referred to Arbitrators, who should be directed 
to report to Her Majesty's Government, and that such Gov- 
ernor General and Lieutenant Governor should each name 
an Arbitrator on behalf of the said respective Provinces, 
and that such Arbitrators should name a Third Arbitrator, 
the Award to be made by the Three Arbitrators or any Two 
of them ; and it was also agreed by such Governor General 
and Lieutenant Governor, with the Advice aforesaid, that 
the net Proceeds of the Funds in the Hands of the said 
Governments arising from the disputed Territory should be 
applied, first, to defray the Expenses of the Arbitration, 
second, to defray the necessary Expenses of running the 
(Boundary) Line as settled, (in case such Funds should 
prove insufficient, the Expenses to be borne equally by the 
respective Governments,) and, third, the Balance of such 
Funds to the Improvement of the Land and Water Commu- 
nication between the Great Falls of the Saint-John and the 
Saint Laurence : And whereas, in pursuance of the agree- 
ment in this Behalf, the Governor General of Canada named 
Thomas Falconer Esquire to be One of the said Arbitrators, 
and the Lieutenant Governor of J^eio Brunsivick named 
Travers Twiss Doctor of Laws to be another of the said 
Arbitrators, and the said Thomas Falconer and Travers 
Tiviss named the Right Honourable Stephen Lushington, 
Judge of the Admiralty Court, to act as the Third Arbi- 
trator : And whereas on the Seventeenth Day of April 
One thousand eight hundred and fifty-one the said 
Stephen Lushington and Travers Twiss made an Award 
concerning the said Boundary, and transmitted the same, 
together with a Plan therein referred to, to the Right 
Honourable Earl Grey, One of Her Majesties Principal 
Secretaries of State, and such Award is in the following 
Terms : 



330 DOCUMENTS RELATING TO THE 

" That N'ew Brunswick shall bo hounded on the West l)y 
tlu' P.omidaiy of the United States, as traced by the Com- 
missioners of Boundary under the Treaty of Washinfjton 
dated Anr/7isf, 1842, from the Source of the Saint Croix to 
a Point near the Outlet of Lake PecJi-la-wee-ka-co-nies or 
Lake Bean, marked A. in the accompanying Copy of a Part 
of Plan 17 of the survey of the Boundary under the above 
Treaty ; thence by a straight Line connecting that Point 
with another Point to be determined at the Distance of One 
jSlile due South from the southernmost Point of jLon^ Lake ; 
thence by a straight Line drawn to the Southernmost Point 
of the Fiefs Madaioaska and Temiscouta, and along the 
South-eastern Boundary of those Fiefs to the South-east 
Angle of the same ; thence by a meridianal Line North- 
wards till it meets a Line running East and West, and tan- 
gent to the Hciixht of Land dividinir the Waters fiowinsr 
into the River liimouski from those tributary to the Saint 
John, thence along this tangent Line Eastward until it meets 
another meridional Line tangent to the Hei<;ht of Land 
dividing Waters flowing into the River Rimouski h'om those 
flowing into the Bestir/ouche River ; thence along this me- 
ridional Line to the 48th Parallel of Latitude ; thence alonsr 
that Parallel to the Mistouche River ; and thence down the 
Centre of the stream of that River to the Bestigouche ; thence 
down the Centre of the Stream of the Bestigouche to its 
mouth in the Bay of Chaleurs; and thence through the 
middle of that Bay to the Gulf of the Saint Lawrence; the 
Lslands in the said Rivers Misfouche and Bestigouche to the 
mouth of the latter River at Dalhousie beins: ffiven to JVevj 
Brunsrvick :'" 'And whereaa it is expedient that the said 
Boundary should be settled in conformity with the said 
Award:' now, therefore, be it enacted by the Queen's most 
Excellent Majesty, hy and with the Advice and Consent of 
the Lords Spiritual and Temporal, and Commons, in this 



TERRITORIAL HISTORY OF MAINE. 331 

present Parliament assembled, and by the Authority of the 
same, as follows : 

I. JSfew Brunswick shall be bounded as in the said Award 
mentioned ; and it shall be lawful for One of Her Majesty's 
Principal Secretaries of State to appoint such Person or 
Persons as he may think fit to ascertain, define, and mark 
the Boundary Line between the said Province of JSfew 
Brunswick and the said Province of Canada^ according to 
the Intent of the said Award. 

II. The net Proceeds of the Funds m the Hands of the 
local Governments of the said Provinces of Canada and 
Ifew Brunsivick respectively arising from the Territory 
heretofore in dispute between such Provinces shall be applied 
according to the Terms herein-before mentioned of the said 
Agreement concerning the same. 



CLVI. 

ACT FOR THE SALE OF PUBLIC LANDS IN THE 

STATE OF MAINE, BY THE GENERAL COURT 

OF MASSACHUSETTS. 

May 25, 1853. 

Sources. 

Although there had been attempts to dispose of the pub- 
lic lands within the State of Maine which belonged to the 
commonwealth of Massachusetts, the act passed by the 
General Court, May 25, 1853, in response to proposals 
made by the State of Maine through Governor Hubbard, 
was the first decisive step. When, m accordance with the 
act, an advertisement for the sale of public lands had been 
inserted by the land agent of Massachusetts in the leading 
papers of both states, and sealed proposals were called for, 
it was evident that Massachusetts would sell her public 
lands in Maine at the earliest opportunity. 



332 DOCUMENTS RELATING TO THE 

The act of sale is rei)riiited IVoiii " Acts and Resolves 
passed by the General Couit of Massachusetts, in the year 
1853 " (Boston, 1853), 018, (519. 

Text. 

Be it enacted hy the Senate and House of Representatives 
in Creneral Court assembled, and hy the authority of tfie 
same as follows : 

Sect. 1. The land agent of this commonwealth, with the 
concurrence of the commissioners appointed by the act of 
eighteen hundred and fifty, chapter 307, and the acts of 
1851, chapter 190, is hereby authorized to sell, for such 
price and on such terms as they may deem for the interest 
of the commonwealth, all the timber and lands now remain- 
ing unsold in tlie state of Maine, and belonging to this com- 
monwealth : j)i'Ovided, Jioivever, that in case of the sale of 
said timber and lands, or of any part thereof, on credit, the 
security to be received for the payment of the purchase 
money shall be made entirely satisfactory to said land agent 
and commissioners, wholly indc})cndent of any lien upon 
said timber or lands. 

Sect. 2. Prior to the sale of the fee in any township or 
tract of land to any other party excepting the state of 
Maine, it shall be the duty of the land agent to oiler the 
same to such person or persons as have already become pur- 
chasers of the timber on such township or tract of land, at 
such prices and on such terms as the said land agent and 
the commissioners may deem reasonable, and such pur- 
chasers of the timber shall have a reasonable time, not 
exceeding three months, to determine whether they will be- 
come the purchasers of the fee in such township or tracts. 

Sect. 3. The land agent shall give public notice that all 
the public lands and timber now belonging to this common- 
wealth in the state of Maine, are for sale, in parcels not ex- 
ceeding two townships to any one })ersou or party ; and it 



TERRITORIAL HISTORY OF MAINE. 333 

shall not be lawful to sell more than two townships to any 
one purchaser or party until after the first day of February 
of the year one thousand eight hundred and fifty-four : pro- 
vided, however, that this limitation shall not apply to sales 
to the state of Maine, nor to sales to such parties as may 
have already become purchasers of the timber, to whom the 
fee is to be offered under the provisions of the second 
section of this act. 

Sect. 4. Prior to making any sale of such lands, or of 
the timber thereon, as may now be held in severalty by 
Massachusetts or jointly with the state of Maine, the land 
agent and commissioners aforesaid shall ofier to the state of 
Maine, for such time and on such terms as they shall deem 
reasonable, the right to become the purchaser thereof. 

ISect. 5. After the first day of February of the year one 
thousand eight hundred and fifty-four, it shall be lawful for 
the land agent and commissioners to sell all the timber and 
lands in the state of Maine, belonging to this commonwealth, 
to any one or more purchaser or purchasers. 

Sect. 6. So much of the third section of the act of 1851, 
chapter 190, as forbids the sale of the fee in the public 
lands, is hereby repealed. 

Sect. 7. This act shall take effect from and after its 
passage. 

[Approved by the Governor, May 25, 1853.] 



334 DOCUMENTS RELATING TO THE 



CLVII. 

RESOLV?: FOR PURCHASE OF THE RESIDUE OF PUB- 
LIC LANDS, BY THE THIRTY-SECOND LEG- 
ISLATURE OF THE STATE OF MAINE 
IN EXTRA SESSION. 

September 28, 1853. 

jS'ow'ces. 

The definite action taken by the General Court of Massa- 
chusetts (lurino; the session of 1853 made it necessary for 
Maine to takea decisive and final step to retain the land 
that really helonged to her hy territorial i-ii^ht. Massachu- 
setts was no more desirous to dispose of the jjublic land 
than Maine was to secure it. Although in 1832, in re- 
sponse to a report })resented to the legislature, a resolve 
had been passed in favor of purchasing, the unsettled 
condition of the frontier had delayed action. 

A contract for the purchtise was arranged by commis- 
sioners in Boston, July 23, 1853, which was ratified in 
September. 

The resolve was printed in "Acts and Resolves passed by 
the Extra Session of the Thirty-second Legislature, 1853, 
and the Thirty-Third Legislature of the State of Maine " 
(Augusta, 1854), ch. LXXXII, pp. 87, 88. 

Text. 

Resolved, That the contract for the purchase of all the 
lands belonging to the Commonwealth of Massachusetts 
situate in the State of Maine, entered into at Boston on the 
twenty-third day of July, eighteen hundred and fifty-three, 
by and l)et\veen E. M. Wright, Jacob IL Loud, David 
AVilder, junior, commissioners, and Samuel Warner, junior, 
land agent of the Commonwealth of Massachusetts, in 
behalf of said connnonwealth, and Keuel Williams, W. P. 
Fessenden, and Elijah L. Hamlin, commissioners of Maine 



TERRITORIAL HISTORY OF MAINE. 335 

in behalf of said state, be and the same is hereby ratified 
and confirmed. 

Resolved, That to provide for the payment of the pur- 
chase money for said lands, there be and hereby is appro- 
priated out of any money in the treasury not otherwise 
appropriated the sum of one hundred twelve thousand five 
hundred dollars, and for the balance thereof, being two 
hundred and fifty thousand dollars, the treasurer of state is 
hereby authorized and directed to issue payable to the 
treasurer of said conmionwealth or his successor in oflice, 
in Boston, certificates of stock therefor in sums not less 
than ten thousand dollars each, with coupons for each year's 
interest at the rate of five per cent, per annum attached 
thereto, which certificates shall be signed by him as treas- 
urer, countersigned by the governor and attested by the 
secretary of state with the seal of the state, but the coupons 
shall be signed by the treasurer only — and said stock shall 
be redeemable at such times as, in the opinion of the treas- 
urer, shall be most advantageous to the state, not exceeding 
twenty years. 

Resolved, That the governor of this state, by and with 
the advice and consent of council, be, and he hereby is, 
authorized to draw his warrant on the treasurer of state for 
the sum of one hundred twelve thousand five hundred dol- 
lars, in fjivor of the treasurer of the Commonwealth of Mas- 
sachusetts payable on the fifth day of October next. And 
the treasurer of state is also authorized and directed to 
deliver to the treasurer of said commonwealth the certifi- 
cates of stock provided for by the second resolve, bearing 
date the fifth day of October, eighteen hundred and fifty- 
three, provided the authorities of said commonwealth shall 
be ready to deliver a good and sufficient deed to convey to 
the State of Maine the lands belonging to said common- 
wealth, lying in the State of Maine, including all claims 



336 DOCUMENTS RELATING TO THE 

Upon settlers, according to the contnict of Huid commission- 
ers moiitioiicd in the first resolve, which said deed shall first 
he examined and approved l)y the commissioners on the 
part of the State of Maine. 

[Approved September 28, 1853.] 



CLVIII. 

EXTRACTS FROM THE RECIPROCITY TREATY 

BETWEEN THE UNITED STATES AND 

GRP:AT BRITAIN. 

June 5, 1854. 

Sources. 

By the treaty between the United States and Great 
Britain, June 5, 1854, not only were provisions made for a 
commission to adjust disputes in iclation to fisheries, hut 
rights of conunerce, especially of lumbermen on the river 
St. John, wei'c also regulated. In })ractice, however, it 
was found that the " Keci})rocity Treaty " was detrimental 
to the agricultural interests of Maine. In 1802 and the 
following years the legislature passed resolutions in favor 
of a new arrangement " which shall be more just and ecjual, 
and properly guard and protect the great interests of this 
State which are injuriously allccted by the present trcat3\" 
The Keci[)rocity treaty, however, continued in force until 
March 17, 1866, when it was terminated in accordance with 
provisions in Article V. 

The treatv is in " Statutes at Large of the United States 
of America"" (Boston, 1855, X., 1089-1092 ; and John H. 
Ilaswell, c()mi)iler, "Treaties and Conventions concluded 
between the United States of America and Other Powers 
since July 4, 1776" (Washington, 1889), 448-453. 

The articles relating to fishing and commerce arc re[)rinted 
from " Statutes at Large." 

Text. 

Article 1. It is agreed by the high t^ontiacting parties 
that, in addition to the liberty secured to the United States 



TERRITORIAL HISTORY OF MAINE. 337 

fishermen by the abovementioned convention of October 20, 
1818, of taking, curing, and drying fish on certain coasts of 
British North American colonies therein defined, the inhab- 
itants ot the United States shall have, in common with the 
subjects of her Britannic Majesty, the liberty to take fish of 
every kind, except shell-fish, on the sea-coasts and shores, 
and in the bays, harbors, and creeks of Canada, New 
Brunswick, Nova Scotia, Prince Edward's Island, and of the 
several islands thereunto adjacent, without being restricted 
to any distance from the shore, with permission to land 
upon the coasts and shores of those colonies and the islands 
thereof, and also upon the Magdalen Islands, for the pur- 
pose of drying their nets and curing their fish : provided 
that, in so doing, they do not interfere with the rights of 
private property, or with British fishermen, in the peace- 
able use of any part of the said coast in their occupancy for 
the same purpose. 

It is understood that the abovementioned liberty applies 
solely to the sea-fishery, and that the salmon and shad fish- 
eries, and all fisheries in rivers and the mouths of rivers, 
are hereby reserved, exclusively, for British fishermen. 

And it is further agreed, that in order to prevent or settle 
any disputes as to the places to which the reservation of 
exclusive right to British fishermen, contained in this arti- 
cle, and that of fishermen in the United States, contained in 
the next succeeding article, apply, each of the high con- 
tracting parties, on the application of either to the other, 
shall, within six months thereafter, appoint a commissioner. 
The said commissioners, before proceeding to any business 
shall make and subscribe a solemn declaration that they 
will impartially and carefully examine and decide, to the 
best of their judgment, and according to justice and equity, 
without fear, favor, or atfection to their own country, upon 
all such places as are intended to be reserved and excluded 

Vol. II. 24 



338 DOCUMENTS RELATING TO THE 

from the coimnon liberty ot" tisliiug, under this and the next 
succeeding article, and such declaration shall l)e entered on 
the record of their proceedings. 

The commissioners shall name some third person to act 
as an arbitrator or umpire in any case or cases on which 
they may themselves differ in opinion. If they should not 
be able to agree upon the name of some such third person, 
they shall each name a person, and it shall be determined 
l)y lot which of the two persons so named shall be the arbi- 
trator and umpire in cases of difterence or disagreement 
between the commissioners. The person so to be chosen to 
be arbitrator or umpire shall, before proceeding to act as 
such in any case, make and sul)scribe a solemn declaration 
in a form similar to that which shall already have been made 
and subscribed by the commissioners, which shall be entered 
on the record of their proceedings. In the event of the 
death, al)sence, or incapacity of either of the commissioners, 
or of the arbitrator or umpire, or of their or his omitting, 
declining, or ceasing to act as such commissioner, arbitrator 
or umpire, another and different person shall be appointed 
or named as aforesaid to act as such commissioner, arl)itra- 
tor, or umpire, in the place and stead of the person so orig- 
inally appointed or named as aforesaid, and shall make and 
subscribe such declaration as aforesaid. 

Such commissioners shall proceed to examine the coasts 
ot the North American provinces and of the United States, 
embraced within the provisions of the first and second arti- 
cles of this treaty, and shall designate the places reserved 
l)y the said articles from the common right of fishing therein. 

The decision of the commissioners and of the arbitrator 
or umpire shall l)e given in writing in such case and shall 
))e signed by them respectively. 

The high contracting parties hereby solenmly engage to 
consider the decision of the commissioners conjointly, or of 



TERRITORIAL HISTORY OF MAINE. 339 

the arbitrator or umpire, as the case may be, as absolutely 
final and conclusive in each case decided upon by them or 
him respectively. 

Article 2. It is agreed by the high contracting parties 
that British subjects shall have, in common with the citizens 
of the United States, the liberty to take fish of every kind, 
except shell-fish, on the eastern sea-coasts and shores of the 
United States north of the 36th parallel of north latitude, 
and on the shores of the several islands thereunto adjacent, 
and in the bays, harbors, and creeks of the said sea-coasts 
and shores of the United States and of the said islands, 
without being restricted to any distance from the shore, 
with i^ermission to land upon the said coasts of the United 
States and of the islands aforesaid, for the purpose of dry- 
ing their nets and curing their fish : provided that in so 
doing, they do not interfere with the rights of private prop- 
erty, or with the fishermen of the United States, in the 
peaceable use of any part of the said coasts in their occu- 
pancy for the same purpose. 

It is undei-stood that the abovementioned liberty applies 
solely to the sea fishery, and salmon and shad fisheries, and 
all fisheries in rivers and mouths of rivers, are hereby 
reserved exclusively for fishermen of the United States. 

Article 3. It is agreed that the articles enumerated in 
the schedule hereunto annexed, being the growth and 
produce of the aforesaid British colonies or of the United 
States, shall be admitted into each country, respectively, 
free from duty :..... 

Article 4. .... . 

And it is further agreed, that no export duty, or other 
duty, shall be levied on lumber or timber of any kind cut 
on that portion of the American territory in the State of 
Maine watered by the River St. John and its tributaries, 
and floated down that river to the sea, when the same is 



340 DOCUMENTS RELATING TO THE 

shipped to the United States from the province of New 
Brunswick. 

Ariicle 5. 

The jire.sent treaty shall take effect as soon as the laws 
required to carry it into operation shall have been passed 
by the Imperial Parliament of Great Britain and by the 
Provincial Parliaments of those of the British North Ameri- 
can colonics which are affected by this treaty on the one 
hand, and by the Congress of the United States on the 
oth(!r. Such assent having been given, the treaty shall 
remain in force for ten years from the date at which it may 
come into operation, and further, until the expiration of 
twelve months after either of the high contracting ])arties 
shall give notice to the other of its wish to terminate the 
same ; each of the high contracting parties being at liberty 
to give such notice to the other at the end of the said term 
of ten years, or at any time afterwards. 

It is clearly understood, however that this stipulation is 
not intended to affect the reservation made by article 4 of 
the present treaty, with regard to the right of tem[)orarily 
susj^ending the operation of articles 3 and 4 thereof. 

Article 7. The present treaty shall be duly ratified, 
and the mutual exchange of ratifications shall take place in 
Washington, witliin six months from the date hereof, oi" 
earlier if possiI)le. 

In faith whereof, we, the respective plenipotentiaries, 
have signed this treaty, and have hereunto affixed our seals. 

Done in triplicate, at Washington, the fifth day of June, 
Anno Domini one thousand eight hundred and fifty-four. 
W. L. Marcy, [L. S.] 

Elgin and Kincardino [L. S.] 



TERRITORIAL HISTORY OF MAINE. 341 



CLIX. 

EXTRACTS FROM REPORT OF A SURVEY OF THE 

EASTERN BOUNDARY OF NEW HAMPSHIRE, 

BY THE SURVEYORS APPOINTED 

BY THE TWO STATES. 

December 21, 1858. 

Sources. 

Although the boundary line between Maine and New 
Hampshire had been carefully surveyed in 1828, forest fires 
had obliterated the old landmarks, and the adjustment of 
boundary difficulties with Great Britain on the northern 
line had made it possible to estimate the value of lands in 
that section. To avoid litigation in 1858 the legislative 
bodies in both states passed enactments for a new survey 
from Fryeburg, Maine, to the Canada line. 

Extracts from the report of the surveyors are reprinted 
from John M. Wilson and Henry O. Kent, " Report on the 
Eastern Boundary of New Hampshire" (Concord, 1859), 
17-24; it is also in Henry Gannett, "Boundaries of the 
United States and of the several States and Territo- 
ries . . ." (Washington, 1885), 38-40. 

During the year 1874 a later survey of the line was made 
for the purpose of correcting any variations, and marking 
the boundaries ; that report is printed by J. H. Huntington 
and A. P. Gordon " Report of the Survey of the Boundary 
between Maine and New Hampshire " (Concord, 1875), 6-9. 

The text adopted for the survey of 1858 is that of the 
printed "Reports." 

Text. 



The resolutions cited above authorized the marking of 
the dividing line, between the two States, from the town of 
Fryeburg to the Canada line ; and as that line was marked 
by former commissioners in 1828, the undersigned did not 
feel themselves at liberty to make alterations, or to 



342 DOCUMENTS RELATING TO THE 

straighten it where curvatures existed ; hut simply to mark 
anew, and where the original monuments were effaced and 
destroyed, to connect hy a straight line the two nearest 
remaining monuments of the reliability of which there could 
be no doubt. During the continuance of the work, offsets 
were discovered, but the existence of the distinguishing 
mark of the old survey, left no doubt of their authenticity, 
and as the commissioners under whose direction the work 
was formerly done, established the line marked by them as the 
true line in the words following, " The whole course of the 
lino from the Androscoggin river, (North) was re-marked 
by spotting the old marked trees, and crossing the spots, 
and marking others on the route, and the line as above sur- 
veyed and described, we agree to be the true boundary line 
of said States, and the above described marks and monu- 
ments we established to designate the same, and that the said 
line hereafter remain the boundary line between the States, 
unless the Legislature of either State shall, at the first ses- 
sion after the execution of this agreement, by resolve, dis- 
approve of the same ; " and the Legislature having by their 
action ratified the agreement, the lino, however irregular, 
became the boundary botweon the two States, and the 
undersigned, in conformity with their instructions, felt it 
their duty to follow it. The report following describes the 
position and course of the line as ro-markod, and the old 
marks and monuments, as well as those made and estab- 
lished by us The {)oint commenced at is 

an iron post situated on a line run in accordance with the 
*' Treaty of Washington, of August 9th, 1842," as the 
boundary between the United States and the })rovincc of 
Canada, at the corners of the States of Maine and New 
Hampshire. On the south face of said ])ost are the words, 
"Albert Smith, U. S. Comssr ; " on the north face, " Lt. 
Col. I. B. B. Eastcourt, IL B. M. Comssr;" on the west 



TERRITORIAL HISTORY OF MAINE. 343 

face, " Boundary, Aug. 9th, 1842," on the east face, 
" Treaty of Washington." To the marks we added, on the 
southern half of the west face, " H. O. Kent;" a large flat 
stone was phiced at the southern face of the monument, 
and marked, " 1858 — N. H., Me. ;" on either side of a 
line cut in said stone, bearing the direction of the State 
line, viz : south, eight degrees west. From this point the 
line is south, eight degrees west, seventeen rods, seven 
links, to a large yellow birch stubb, the northern terminus 
of the former survey ; thence one hundred and twenty-six 
rods to a beaver pond ; thence seventy-eight rods to the 
northwesterly branch of the Magalloway, known as Kent 
River; thence two hundred and forty-two rods to another 
branch of the Magalloway; thence one hundred and eighty- 
six rods to a certain steep precipice, perpendicular on its 
southern face ; thence three hundred and forty-six rods, to 
a branch of the Magalloway River ; thence two hundred 
and sixty rods to another branch of the same ; thence five 
hundred and forty rods to a precipice, the southern side of 
Mount Abbott ; thence four hundred rods to the summit of 
Mount Carmel ; thence nine hundred and twenty rods, and 
across four streams, to the summit of Prospect Hill. On 
this distance we marked a yellow birch tree, " H. O. Kent, 
Sept. 20th, 1858,'' and the names of the remainder of the 
party ; thence four hundred rods to another branch of the 
Magalloway ; thence three hundred and thirty-two rods to 
the Little Magalloway River ; thence two thousand one 
hundred and twenty rods across Bosebuck mountain to a 
branch of said river. On this distance, at the north-west 
corner of township No. 5, range 3, in Maine, we marked a 
white birch tree, " N. H., M.," and on its north and south 
sides, "IV., 111." Thirty rods from the summit of Bose- 
buck mountain, and on its northern slope, we erected a 
stone monument, marked " N., M. ; " thence three hundred 



344 DOCUMENTS RELATING TO THE 

and fifty rods to the Little Diamond River, or Abbot 
Brooiv ; thence four hundred iind .«ixty rods to the north- 
west cortier of to\s iiship No. 5, rtinge 2, in Maine. On this 
distance we found an ancient yellow birch tree, marked 
*« 1789 — 35 ni.:" to those marks we added "1858;" 
thence one thousand eight hundred and six rods, to the 
south-west corner of the same township. On this distance, 
at the north-east corner of Dartmouth College Second 
Grant, in N. H., we marked a large, yellow birch tree, 
"Me., J. M. W., 1858; N. H., 11. O. K. ;" thence, and 
across an open bog four hundred and forty-four rods to the 
nortii l)ank of the Magalloway River, to a white maple tree 
marked " N. H.," " M. ; " thence ten rods across said river 
to a large pine tree, marked " M.," " N. H. "; thence and 
across a second open i)og, two hundred and ninety rods to 
the same river, and to a large elm stul)b ; thence ten rods 
across said river; thence two hundred and sixty-four rods 
to a spruce post marked " M.," " N. H.," " W. L.," " D. 
C.," being the south-east corner of Dartmouth College Sec- 
ond Grant ; thence one hundred and sixty-two rods to the 
Masfalloway River; thence ten rods ac;ros8 said river to a 
stone monument on its southerly side, standing about three 
feet al)ove the ground, and marked " M.," " N. H;" 
thence to the original line tree nearest to the clearing of the 
home farm of Z. F. Durkee, Ksq. The course of the line 
the entire distance from tlie iron post at the national bound- 
ary to this point, bears south eight degrees west ; thence 
across said clearing, the old line marks being gone, south 
eleven degrees and thirty minutes west, one hundred and 
sixty-eight rods, to the old crossed trees in the woods south 
of Pond Brook ; thence from Pond Brook, south eight 
dearrees west, seven hundred and fourteen rods to the north 
bay of Umbagog Lake, and to a cedar tree marked " M.," 
" N." To this we added " 1858." 



TERRITORIAL HISTORY OF MAINE. 345 

On this distance, near the corner of Errol and Went- 
worth's Location, which is a cedar post in a pile of stones, 
we marked a maple tree, " M. 1858;" " N. H., 1858;" 
thence south ten degrees and thirty minutes west, one 
thousand one hundred and sixty-five rods, across the north 
bay of said lake to the old marked trees on the southern 
shore ; thence south eight degrees west, two hundred and 
six rods, across a peninsula to a cedar tree marked, "M.," 
"N. H." A large stone also, on the lake shore, was 
marked " M" ., N. H ; " thence, same course, two hundred 
and twenty-five rods across a bay of said lake ; thence, 
same course, ten rods across a peninsula ; thence same 
course, thirty-four rods across a cove ; thence, same course, 
five hundred and sixty-seven rods to Cambridge River ; 
thence, same course, eight rods across said river to a white 
maple stubb ; thence, same course, two hundred and ten 
rods to a stone monument on the north side of the road 
leading from Andover, Me., to Colebrook, N. H. ; thence, 
same course, to the north edge of the burnt land in Grafton 
and Success ; thence south, eleven degrees west, across ten 
streams, and the Chickwalnepy River, or Silver Stream, to 
the old line trees bearing the crosses, easterly of the south 
end of Success Pond ; thence, on the same course south, 
ten degrees west, following the old mark, to an ash tree 
bearing the original cross, standing a few rods north of the 
house of the late Daniel Ingalls, in Shelburne ; thence 
south, eleven degrees west, to a stone monument by the 
road on the north side of the Androscoggin River, and to 
the north bank of said river, the whole distance from the 
stone monument near Umbagog Lake, to the north bank of 
the Androscoggin River, being six thousand six hundred 
and sixty-two rods ; thence south, eleven degrees west, 
eighteen rods across said river ; thence same course, one 
hundred rods, crossing the track of the Grand Trunk Rail- 



346 DOCUMENTS RELATING TO THE 

roatl, to a stone monument on the north side of the road 
leading from Lancaster, N. H., to Bethel, Me. ; thence, 
same course, seven hundred sixty-five rods to a hemlock 
tree on the south hanU of \\"ild River : thence south, sixty- 
six degrees, thirty minutes west, thirty-four rods on an oil- 
set of the old survey along said south hank to the old line 
trees; thence following the old line trees south, eleven 
degrees west, passing the south-east corner of Shelburne, 
eight hundred ninety-eight rods to the top of Mount Royce, 
the whole distance being one thousand eight hundred and 
eighty-one rods. One mile north of the summit of Mount 
Royce we marked a beech tree, " N. H." " M." " 1858 ; " 
thence to a large stone marked " N. H." "M."; thence 
south ten degrees, fifteen minutes west, to a stone monu- 
ment on the east side of the Cold River Road. On this 
distance, at the foot of the first precipice on the northern 
face of Mount Royce, a white birch tree was marked 
" 1858." Further on and east of a bare ledge, a white 
birch tree was marked " 1858," and near it, on the line, a 
pile of stones was erected. At the first clearing, near the 
north end of a stone fence, a large stone was marked '< M. 
N. H." ; thence, along a stone fence and across a road, 
through a piece of new growth, and again crossing the 
road, then following another stone fence on the east side of 
the road, passing through a field and by the end of another 
stone fence ; thence crossing a road near the west end of a 
bridge over Cold River; then following the valley of that 
stream and crossing it six times ; then crossing another 
road where we })laced a stone monument ; then through a 
field, striking an old stump and pile of stones, shown as the 
old line, and })assing between a house and barn — and 
through the western edge of a grove of trees, to the stone 
monument near the house of Mr. Eastman — the whole dis- 
tance being one thousand one hundred and ninety rods ; 



TERRITORIAL HISTORY OF MAINE. 347 

thence, one thousand six hundred :ind thirty rods, to a 
stone monument standing in the meadow, sixty rods north 
of the north shore of Kimball's Pond, in Fryburgh, but as 
the towns of Fryburgh and Stowe have erected no durable 
monuments on the State's line at their respective corner, we 
deemed it advisalile, under our instructions, to proceed as 
far south as at least to pass the said corner, and to complete 
the work at some well defined monument of the old survey. 
This course bore from the monument to and across an open 
bog, south, twelve degrees west; thence on the old trees 
south, nine degrees west, to a stone monument erected by 
us, near the house of James Clay, in Chatham, and on the 
north side of the road leading from Stowe to Chatham cor- 
ners, — said monument is marked " M. N. H., 1858,"; 
thence on the old line south, eleven degrees west, to the 
road leading from North Fryburgh to Chatham, at which 
point we placed a stone monument; thence south, eleven 
degrees west — to the north-west corner of Fryburgh — 
being a stake in a pile of stones, in a piece of low ground, 
southerly of the house of Capt. Bryant, and to the old mon- 
ument sixty rods north of Kimball's Pond. On the bank 
north of said corner, on the south side of the road, and 
near Capt. Bryant's house, we placed a stone monument, 
marked " iM. N. H." "1858." 

The different courses laid down in the foregoing Report, 
are the present bearings of the compass when placed on the 
line established in 1828. By referring to the report of that 
survey, it will be perceived that the entire distance from 
Wentworth's Location to the National Boundary, the bear- 
ing is the same, no variation existing, — while from that 
point southward, a variation of from one to four degrees 
was discovered, as will be seen by a comparison of the two 
Reports. The line being now so well defined, both by the 
old monuments existing, and those added by us, we deemed 



348 DOCUMENTS RELATING TO THE 

best, under the tenor of the resolution, to follow the line 
by the coin))ass, and give its bearings at the present time, 
rather than to make repeated experiments upon the varia- 
tion between the true and magnetic meridian, which would 
be of no practical benefit, as the line, as now marked, must 
be followed until the States by special enactment shall effect 
a change in its location. 

As the resolution accompanying, contemplated special 1}% 
the marking of the line, and as the distance between the 
termini was formerly chained, and all the courses marked 
by monuments at present enduring, we did not feel our- 
selves authorized to incur the additional expense of chaining 
anew the whole distance. 

All doubtful points were, however, located, and all mon- 
uments placed in accordance with the Report above, and 
the distances, when added, as they have l)een by us, to the 
distances laid down in the former Report, give a correct 
series of courses and distances between the two extremities 
of the line. 

The line was marked by the erection of stone monuments 
at all road crossings and noticeable points where none before 
existed, and by retouching the old monuments. Many 
large and prominent trees were blazed and marked on either 
side " N. H." " M.", and the names of various members of 
the party were added, together with the date, " 1858." 

Aside from the monuments described above, the whole 
course of the line was marked by spotting the old marked 
trees, and all others on the route, and by marking the spots 
with a double cross, ^ thus , and the under brush was 
cleared away so as to enal)le one to follow the line by a 
continual observance of the spots. 

It is believed that the line above described is now sufBc- 
iently marked and designated to afford a distinguishable 
and permanent dividing line, which will subserve all the 



TERRITORIAL HISTORY OF MAINE. 349 

purposes of the two States equally well as a more expensive 
system of monuments. 

All of which is respectfully submitted 
JOHN M. WILSON, 

On the part of Maine. 
HENRY O. KENT, 

On the part of JSFevj Hampshire. 



Dated the 21st day of 
December, A. D. 1858 



\ 



CLX. 

ACT TO PROVIDE MEANS FOR DEFENCE OF THE 
NORTHEASTERN FRONTIER, BY THE THIRTY- 
THIRD LEGISLATURE OF THE STATE OF 
MAINE. 

March 24, 1864. 

Sources. 

After the adjustment of boundary difficulties by the treaty 
of Washington, the citizens of Maine were awake to the 
iuiportance of frontier defences. Not only was a garrison 
needed at Fort Kent, but a military road was demanded. 
Diflferent memorials and petitions were presented both to 
the State legislature and to the secretary of war. Although 
the legislature made occasional appropriations to erect 
bridges on the road from the American line, it was not 
until 1864 that any fully defined plan was reached. In the 
construction of a military railway the state was to furnish 
aid by a grant of public lands which were still a fruitful 
source of revenue ; in 1865 Massachusetts assigned to Maine 
all remaining claims held jointly by the two states against 
the federal government. As the act of 1864 provided also 
for immigration on favorable terms it has a tAVO-fold rela- 
tion to the interests of the state of Maine. Subsequent 



350 DOCUMENTS RELATING TO THE 

legislative enactments illustrate the further progress of the 
Euro))ean and North American Kuilway scheme. 

The text adopted is that of " Acts and Kesolves of the 
Forty-third Legislature of the State of Maine" (Augusta, 
1864), Ch. 40Cpp., 387-390. 

Text. 

Be it enacted by the ISenate and House of Representatives 
in Legislature assembled, as follows : 

Sect. 1. Whereas, the legislature of Maine b}^ resolves 
unanimously adopted and approved })y the Governor on the 
thirty-tirst day ot January, in the year ot our Lord one 
thousand eight hundred and sixty-three, asked protection 
of the United States government in the language following: 
" Maine ex))ects and earnestly demands, that measures he 
taken at once by the general government for the protection 
of its northeastern frontier, and that this can be accom- 
plished only by a military railroad from Bangor to the St. 
John river," it is hereby enacted, that to aid in the con- 
struction of such a line of railway, the proceeds of the sale 
of timber on ten townships of the public lands of this state, 
which townships shall be designated under the direction of 
the governor, state treasurer and land agent, who are con- 
stituted a board for this purpose, shall be paid into the 
treasury of the state for the use of the Euro})ean and North 
Ameiican Railway Company, upon the terms and conditions 
hereinafter expressed, and the timber on these ten town- 
ships shall be a<lvertised in a newspaper having the largest 
circulation in the counties where located, and three months 
in two newspapers having the largest circulation in the 
cities of Portland and Bangor. Sealed proposals shall be 
received l)y the governor, state treasurer and land agent, 
and a record of the proposals be made and kept in the land 
office, which shall be open to any one after the day of sale, 
and said sale shall be in one-eighth sections of t()wnshii)s ; 
and all moneys, securities or lands received on account of 



TERRITORIAL HISTORY OF MAINE. 351 

the claims of Maine upon the United States government 
which accrued prior to eighteen hundred and sixty, viz : 
The cUums for interest on moneys heretofore received from 
the United States tor the value of lands assigned to occu- 
pants under the fourth article of the treaty of Washington, 
and for timber cut on the territory formerly in dispute 
between the United States and Great Britain, after deduct- 
ing the expenses for obtaining the same, shall be paid into 
the treasury of the state for the use of the European and 
North American Railway Company, on the terms and 
conditions hereinafter expressed. 

Sect. 2. As soon as said railway company shall have 
constructed and completed its line by the running of cars 
from Bangor to Lincoln, and have notified the governor of 
tin.' state of that fact, and that said company has located its 
line to the boundary of New Brunswick, and is ready to 
proceed with the further construction of said railway, it 
shall be lawful for the governor to approve of said location, 
and to notify said company of the same, and thereupon the 
said company shall be entitled to the benefit of the pro- 
visions of this act ; and thereafter as soon as said company 
shall construct and complete by the running of cars, ten 
additional miles of railway from Lincoln toward the mouth 
of the Mattawamkeag, the governor shall pay over to said 
company such sum as may then be in the hands of the 
treasurer derived from the proceeds of such sales of timber ; 
and of such claims, at the rate of ten thousand dollars per 
mile for said ten miles, or pro rata for any sum then in 
hand, less than at the rate of ten thousand dollars per mile, 
and so on from time to time at the rate of ten thousand dol- 
lars per mile, or pro rata, as fast as an additional ten miles 
is completed, until the line shall be completed from Bangor 
to the boundary line of New Brunswick ; and as soon as 
said railway company shall locate a line from some point in 



352 DOCUMENTS RELATING TO THE 

embranchment thereof in a northcrl}' direction toward the 
Aroostook river, and complete ten miles from said main 
line by the running of cars thereon, the governor shall pay 
to said company at the rate of ten thousand dollars per 
mile, or^ro rata, for each mile of railway so built and com- 
pleted from their main line in a northerly direction, from 
the proceeds of the lands and claims hereinbefore set forth, 
and so on from time to time as an additional ten miles shall 
be completed by the running of cars, until the entire line of 
said railway shall be completed to the northern boundary of 
the state, with a branch line to the St. John river at Wood- 
stock. 

Sect. 3. In case the commonwealth of Massachusetts 
shall assign and transfer to the European and North Amer- 
ican Railway Company, or to the state of Maine in trust for 
said company, the claims jointly held by her with Maine 
against the general government, to aid the construction of 
said railroad, and also release and discharge or assign and 
transfer the balance due from the state of Maine for the 
purchase of her interests in the public lands lying in Maine, 
under date October fifth, eighteen hundred and fifty-three, 
it shall be lawful for the governor, state treasurer and land 
agent to transfer to said company all the public lands lying 
on waters of the Penobscot and St. John River, for the 
uses and purposes set forth in this act. Provided, however, 
that there shall be excepted from said conveyance and from 
the operations of this act, all timber and lumber and lands 
granted or voted by the present or any preceding legisla- 
ture, reserving to the state the right to locate such grants 
within the present year of our Lord eighteen hundred and 
sixty-four, or within the time or times limited therefor in 
the several acts or resolves granting the same, all lands 
heretofore reserved or set apart for public schools, and all 
lands set apart and designated for settlement under existing 



TERRITORIAL HISTORY OF MAINE. 353 

laws ; and all the lands set apart for the purposes of settle- 
ment, shall be sold to settlers, upon the same terms and 
conditions by the land agent, as is now authorized by law. 
And it is further provided, that all lands conveyed to said 
company under this act, which are in the opinion of the 
governor, state treasurer and land agent, suitable for settle- 
ment, shall be surveyed mto lots by said company, of suita- 
ble sizes for the purposes of settlement, not exceeding one 
hundred and sixty acres to any one lot, which lands shall 
be open to settlers at a price not exceeding one dollar per 
acre, on condition of a continued residence thereon for five 
years, and performance of such settling duties as are now 
required by the state. And said company is charged with 
the duty of encouraging immigration into the state, and 
shall be required to appoint a suitable emigrant agent, and 
annually publish such plans, statements and other informa- 
tion, as shall give to the public a better knowledge of the 
extent, value and situation of the public lands of Maine, 
now open for settlement, and cause this information to be 
printed in our own and other languages, and distributed 
into other states ot this Union, and into foreign lands. 
And the legislature of this state shall have the right at all 
times to inquire into the manner in which these trusts are 
executed, and to pass any laws that may be necessary, and 
to impose fines and penalties to secure acompliance with 
the provisions, liabilities and duties herein before set forth 
and enjoined. Providing and excepting^ that no lands 
belonging to the state of Maine, lying within the county of 
Piscataquis, shall be taken by virtue of this act for the 
purpose of aiding in the construction of the trunk line 
of the European and North American Railway; but that 
all of said lands lying in said county of Piscataquis, shall be 
and are hereby appropriated under the limitations and 
restrictions relating to other lands herein granted, and 



354 DOCUMENTS RELATING TO THE 

shall be applied in aid of the construction of a liranch of 
said railway extending to the slate quarries in the valley of 
the Pleasant river at Brownville, and to the Katahdin Iron 
works, from any point on the line of said railway between 
Oldtown and Lincoln, as provided in section two of " an 
act authorizing the further extension of the European and 
North American Railway" Feb. 20, 1864, passed at the 
present session of the legislature. 

Sect. 4. All benefits of this act shall be forfeited by 
said European and North American Railway Company, 
u])on the appropriation and use of the proceeds of timber 
or lands hereby granted to any other purpose than the con- 
struction of the main line of said railway or branches into 
Aroostook and Piscataquis counties. 

Sect. 5, This act shall take effect on its approval by 
the governor. 

Approved March 24, 1864. 



CLXI. 

ACT TO PROMOTE IMMIGRATION AND FACILITATE 

THE SETTLEMENT OF PUBLIC LANDS, BY THE 

PTFT1P:TH LEGISLATURE OF THE STATE 

OF MAINE. 

February 24, 1871. 
I 

Sources. 

The attention of the Legislature of the State of Maine 
had been rejx^atedly called to the northeastern frontier, 
especially during the Civil War which diverted " numbers 
of the industrious and valuable men of Maine from peaceful 



TERRITORIAL HISTORY OF MAINE. 355 

pursuits of private life to public services, thereby diminish- 
ing important departments of mechanical and agricultural 
employments, the restoration of which would be of incalcu- 
lable profit." In recognition of the fact that "the strength 
and prosperity of a state depend immediately upon its pop- 
ulation," practical steps were taken to establish a colony oi 
Scandinavians upon the unoccupied lands of the frontier. 
The success of the colony at New Sweden is well known. 
Particulars of the first twenty-five years are narrated by 
William Widgery Thomas "The Story of New Sweden as 
told at the Quarter Centennial Celebration of the Founding 
of the Swedish Colony in the Woods of Maine, June 25, 
1896" (Portland, 1896). 

The legislative enactments which extend through a series 
of years are here represented by the Act of February 24, 
1871, which is reprinted from " Acts and Resolves of the 
Fiftieth Leoislature of the State of Maine" (Augusta, 
1871), 157,^158. 

Text. 

Be it enacted hy the Senate and House of Mepresentatives 
in. Legislature assembled, as follows : 

Sect. 1. There shall be a board of immigration in this 
state, composed of the governor, secretary of state and 
land agent. 

Sect. 2. It shall be the duty of said board to appoint a 
commissioner of immigration, an agent resident in Sweden, 
and an agent resident in New Sweden, Maine, and to exer- 
cise a general supervision over the expenditure of all moneys 
appropriated by this act. 

Sect. 3. It shall be the duty of said commissioner to 
collect statistics and other useful information concerning 
the climate, soil, productions and resources of the state, 
the amount and location of unsettled lands in Maine, the 
terms offered by the state to settlers, together with the 
condition and progress of the colony at New Sweden, and 
such other information as he may deem proper, and cause 
the same to be translated into the Swedish language and 



356 DOCUMENTS RELATING TO THE 

distributed in Sweden and the United States in such manner 
as may be deemed desirable and best calcuhited to promote 
the provisions of this act ; provided the whole amount 
expended for this purpose shall not exceed the sum of one 
thousand dollars. 

Sect. 4. It shall be the further duty of said commis- 
sioner to exercise a general care and oversight over all 
immigrants coming to Maine, to give them all needful infor- 
mation, to assist them in settling upon the public lands of 
the state, or obtaining employment within its borders, and 
to have the special charge of the colony of New Sweden, to 
the end that its development and prosperity may be pro- 
moted in every way consistent with law ; and the compen- 
sation and entire expenses of said commissioner shall not 
exceed the sum of twenty-five hundred dollars. 

Sect. 5. The first agent provided for in section second 
of this act shall reside in Gothenburg, Sweden; shall have 
charoe of the i)rinting and of the distribution throushout 
Sweden of all documents and information to be furnished 
him by the commissioner, shall use his best endeavors in 
every lawful way to encourage emigration to Maine, to pro- 
tect the emigrants from fraud and imposition, and to enable 
them to embark from Sweden with proper guarantees for 
their safety and comfort on their i)assage, and with suitable 
information to the Swedish colony ot our state ; and the 
compensation of said agent shall not exceed the sum of five 
hundred dollars. 

Sect. 6. The second agent ])rovided for in section sec- 
ond of this act shall reside in New Sweden, shall have 
special charge of the state store-house, stores, tools and all 
other state property there, shall receive and disburse all 
state supplies and keep proper accounts and vouchers 
therefor ; and the compensation of said agent shall not 
exceed the sum of two hundred dollars. 



TERRITORIAL HISTORY OF MAINE. 357 

Sect. 7. The agents mentioned iu the two preceding 
sections shall perform their duties under the direction of the 
commissioner of immigration. 

Sect. 8. The board aforesaid may, if in their opinion 
the circumstances require it, expend amounts not exceed- 
ing the following sums for the several purposes hereinafter 
enumerated : tor provisions and tools to be sold the colo- 
nists at cost, and for which payment may be taken in labor 
at one dollar a day on the roads, public building, and other 
public works, tive thousand dollars ; for finishing and fur- 
nishing the public building at New Sweden, one thousand 
dollars ; for seed, five hundred dollars ; for roads, five hun- 
dred dollars ; for schools and school books, three hundred 
dollars ; for all other purposes to promote the provisions 
and spirit of this act, five hundred dollars. 

Sect. 9. The board aforesaid may cause all immigrants 
arriving under the provisions of this act to be settled on any 
of the public lands of the state not otherwise appropriated, 
and assign to each man over twenty-one years of age, by 
certificate from the land agent, a lot of one hundred acres 
of land ; and the land agent shall, at the expiration of five 
years from the date ot said assignment, grant each of the 
persons aforesaid or his heirs at law, a deed of warranty or 
other vtilid title of the lot assigned him ; provided, each of 
said persons has established his residence on the lot assigned 
him, has built him a comfortable house thereon, and has 
cleared not less than fifteen acres of land within the time 
aforesaid, ten of which shall be laid down to grass; and all 
said persons shall be exempt from state taxation until Jan- 
uary first, in the year of our Lord eighteen hundred and 
seventy-six. 

Sect. 10. The governor is hereby authorized to draw 
his warrant upon the treasury for any of the sums specified 
in this act. 



358 DOCUMENTS RELATING TO THE 

Sect. 11. All acts and parts of acts inconsistent with 
this act are liorohy repealed, and this act shall take effect 
when approved, and shall continue in force one year from 
its approval. 

Approved February 24, 1871. 



CLXII. 

EXTRACTS FROM THE TREATY OF WASHINGTON, 

BETWEEN THE UNITED STATES AND GREAT 

BRITAIN. 

May 8, 1871. 

Sources. 

The treaty of Washington, May 8, 1871, not only 
arran;j;od for a court of arbitration to settle the Alabama 
claims, but it also made provision for fisheries, navi^j^ation 
and commerce. Because strong protests had been presented 
by the citizens of Maine against the unequal working of the 
Recij)rocity treaty of 1854, certain clauses of the treaty of 
1871 were directly aimed at the regulation of evils devel- 
oped by the working of earlier treaties. Althousrh articles 
XVIIL, — XXV.,^XXX., and XXXII. terminated July 
1, 1885, in accordance with the provisions of the treaty, 
they are included because of their relation to important 
rights of fishing. 

The treaty is in " Statutes at Larcje of the United States 
of America" (Boston, 1871), XVII., 863-877; and John 
H. riasvvell, c()mi)iler, "Treaties and Conventions Con- 
cluded Between the United States of America and Other 
Powers Since July 4, 177(5" {\\ nsWmorUm , 1889), 478- 
493. Among other sources it is in Charles Samvver and 
Jules Hopf, editors, " Nouveau Recueil (jr(^ndral de Trait^s 
. . ." (Gottingue, 1875), XX., 698-719; it was also 
printed by Caleb Gushing, "The Treaty of Washington, 
Its Negotiation, Execution, and the Discussions Relating 



TERRITORIAL HISTORY OF MAINE. 359 

Thereto" (New York, 1873), Appendix, 257-274; and by 
the same in French, which was the lanouage used l)y the 
tribunal, at Geneva, "La Traite de VVashint^ton, sa Nego- 
ciation, sa Mise a Execution, et les Discussions auxquelles il 
a donne Lieu" (Rouse's Point, 1873 ; Paris, 1874), Appen- 
dix, 349-373. 

Extracts from the treaty of Washington, with the proc- 
lamation by President Grant, are reprinted in this compila- 
tion from " Statutes at Large." 

Text. 

Whereas a treaty, between the United States of America 
and her Majesty the Queen of the United Kingdom of 
Great Britain and Ireland, concerning the settlement of 
all causes of difference between the two countries, was 
concluded and signed at Washington by the high com- 
missioners and plenipotentiaries of the respective govern- 
ments on the eighth day of May last ; which treaty is word 
for word as follows : — 



[NOTE. Articles I. to XVII, inclusive arrange for a tribunal of arbitration to 
meet at Geneva in Switzerland; said decision to be final.] 

ARTICLE XVIII. 

It is agreed by the high contracting parties that, in addi- 
tion to the liberty secured to the United States fishermen 
by the convention between the United States and Great 
Britain, signed at London on the 20th day of October, 1818, 
of taking, curing, and drying tish on certain coasts of the 
British North American Colonies therein defined, the inhab- 
itants of the United States shall have, in common with the 
subjects of her Brittannic Majesty, the liberty, for the term 
of years mentioned in Article XXXIII. of this treaty, to 
take fish of every kind, except shell-fish, on the sea coasts 
and shores, and in the bays, harbors, and creeks, of the 
provinces of Quebec, Nova Scotia, and New Brunswick, 



360 DOCUMENTS RELATING TO THE 

and tlio colony of Prince Edward's Island, and of the sev- 
eral islands thereunto adjacent, without being restricted to 
any distance from the shore, with permission to hmd upon 
the said coasts and shores and islands, and also upon the 
Magdalen Islands, for the purpose of drying their nets and 
curing their tish ; provided that, in so doing, thev do not 
interfere with the rights of private property, or with British 
fishermen, in the i)eaceable use of any part of the said 
coasts in their occupancy for the same purpose. 

It is understood that the above-mentioned liberty applies 
solely to the sea fishery, and that the salmon and shad fish- 
eries, and all other fisheries in rivers and the mouths of 
rivers, are hereby reserved exclusively for British fishermen. 

AKTICLIO XIX. 

It is agreed by the high contracting parties that British 
subjects shall have, in common with the citizens of the 
United States, the liberty for the term of years mentioned 
in Article XXXIII. of this treaty, to take fish of every 
kind, except shell-fish, on the eastern sea-coasts and shores 
of the United States north of the thirty-ninth parallel of 
north latitude, and on the shores of the several islands 
thereunto adjacent, and in the bays, harbors, and creeks of 
the said sea-coasts and shores of the United States and of 
the said islands without being restricted to any distance 
from the shore, with permission to land upon the said coasts 
of the United States and of the islands aforesaid, for the 
purpose of drying their nets and curing their fish ; provided 
that, in so doing, they do not interfere with the rights of 
private property, or with the fishermen of the United States 
in the peaceable use of any part of the said coasts in their 
occupancy for the same purpose. 

It is understood that the al)ove-menti()ned liberty applies 
solely to the sea fishery, and that salmon and shad fishei'ies, 



TERRITORIAL HISTORY OF MAINK. 361 

and all fisheries in rivers and mouths of rivers, are hereby 
reserved exclusively for fishermen of the United States. 

ARTICLE XX. 

It is agreed that the places designated by the Commis- 
sioners appointed under the first article of the treaty between 
the United States and Great Britain, concluded at Washing- 
ton on the 5th of June, 1854, upon the coasts of her Bri- 
tannic Majesty's dominions and the United States, as places 
reserved from the common right of fishing under that treaty, 
shall be regarded as in like manner reserved from the com- 
mon right of fishing under the preceding articles. In case 
any question should arise between the governments of the 
United States and of her Britannic Majesty as to the com- 
mon right of fishing in places not thus designated as reserved, 
it is agreed that a commission shall be appointed to desig- 
nate such places, and shall be constituted in the same 
manner, and have the same powers, duties, and authority 
as the commission appointed under the said first article of 
the treaty of the 5th of June, 1854. 

ARTICLE XXI. 

It is agreed that, for the term of years mentioned in 
Article XXXIII. of this treaty, fish oil and fish of all kinds 
(except fish of the inland lakes, and of the rivers falling into 
them, and except fish preserved in oil), being the produce 
of the fisheries of the United States, or of the Dominion of 
Canada, or of Prince Edward's Island, shall be admitted 
into each country, respectivel}^ free of duty. 

ARTICLE XXII. 

Inasmuch as it is asserted by the government of her 
Britannic Majesty that the privileges accorded to the citi- 
zens of the United States under Article XVIII. of this 
treaty are of greater value than those accorded by Articles 
XIX. and XXI. of this treaty to the subjects of her 



362 DOCUMENTS RELATING TO THK 

Britannic Majesty, and this assertion is not admitted by the 
government of the United States, it is further agreed that 
the conimissioners shall be appointed to determine, having 
regard to the privileges accorded by the United States to 
the subjects of her Britannic Majesty, as stated in Articles 
XIX. and XXI. of this treaty, the amount of any compen- 
sation which, in their opinion, ought to be })ai(l by the 
government of the United States to the government of her 
Britannic Majesty in return for the privileges accorded to 
the citizens of the United States under Article XVIII. of 
this treaty ; and that any sum of money which the said 
commissioners may so award shall be paid by the United 
States government, in a gross sum, within twelve months 
after such award shall have been given. 

ARTICLE XXIII. 

The commissioners referred to in the preceding article 
shall be appointed in the following manner, that is to say : 
One commissioner shall be named by the President of the 
United States, one by her Britannic Majesty, and a third 
by the President of the United States and her Britannic 
Majesty conjointly ; and in case the third commissioner 
shall not have ))cen so named within a period of three 
months from the date when tliis article shall take effect, 
then the third commissioner shall be named by the repre- 
sentative at London of his Majesty the Emperor of Austria 
and King of Hungary. In case of the death, absence, or 
incapacity of any commissioner or in the event of any com- 
missioner omitting or ceasmg to act, the vacancy shall be 
tilled in the manner hereinbefore provided for making the 
original appointment, the period of three months in case 
such substitution being calculated from the date of the hap- 
pening of the vacancy. 

The commissioners so named shall meet in the city of 
Halifax, in the province of Nova Scotia, at the earliest 



TERRITORIAL HISTORY OF MAINE. 3(i3 

convenient period after they have been respectively named, 
and shall, before proceeding to an}' business, make and 
subscribe a solemn declaration that they will impartially 
and carefidly examine and decide the matters referred to 
them to the best of their judoinent, and according to justice 
and equity ; and such declaration shall be entered on the 
record of their proceedings. 

Each of the high contracting parties shall also name one 
person to attend the commission as its agent, to represent 
it generally in all matters connected with the commission. 

ARTICLE XXIV. 

The proceedings shall be conducted in such order as the 
connnissioners appointed under Articles XXII. and XXIII. 
of this treaty shall determine. They shall be bound to 
receive such oral or written testimony as either government 
may present. If either party shall offer oral testimony, 
the other party shall have the right of cross-examination, 
under such rules as the commissioners shall prescribe. 

If in the case submitted to the commissioners either party 
shall have specified or alluded to any report or document in 
its own exclusive possession, without annexing a copy, 
such party shall be bound, if the other party thinks proper 
to apply for it, to furnish that party with a copy thereof; 
and either party may call upon the other, through the com- 
missioners, to produce the originals or certified copies of 
any papers adduced as evidence, giving in each instance 
such reasonable notice as the commissioners may require. 

The case on either side shall be closed within a period of 
six months from the date of the organization of the com- 
mission, and the commissioners shall be requested to give 
their award as soon as possible thereafter. The aforesaid 
period of six months may be extended for three months in 
case of a vacancy occurring among the commissioners under 



364 DOCUMKNTS KEI,ATIN<J TO THK 

tlie ciiTuinstuiices conleiiiplutod in Article XXlll. of this 
treaty. 

ARTICLE XXV. 

The coiniiiissioDers shall keep an accunite record and 
correct minutes or notes of all their proceedings, with the 
dates thereof, and may appoint and employ a secretary and 
any other necessary officer or officers to assist them in the 
transaction of the business to come before them. 

Each ot the high contracting parties shall i)ay its own 
commissioner and agent or counsel ; all other expenses shall 
be defrayed by the two governments in equal moieties. 

[Articles XXVI. to XXVIII. relate to rights of navi- 
gation.] 

ARTICLE XXIX. 

It is agreed, that, for the term of years mentioned in 
Article XXXIII. of this treaty, goods, wares, or merchan- 
dise arriving at the ports of New York, Boston, and Port- 
land, and any other ])orts in the United States which have 
been or may, from time to time be specially designated by 
the President of the United States, and destined for her 
Britannic Majesty's possessions in North America, may be 
entered at the proper custom-house and conveyed in transit, 
without the payment of duties, through the territory of the 
United States, under such rules, regulations and conditions 
for the protection of the revenue as the government of the 
United States may from time to time prescribe ; and under 
like rules, regulations and conditions, goods, wares, or mer- 
chandise may be conveyed in transit, without the payment 
of duties, from such possessions through the territory of the 
United States for export from the said ports of the United 
States. 

It is further agreed that, for the like period, goods, 
wares, or merchandise arriving at any of the ports of her 



TEKRITOKIAL HISTORY OF MAINE. 365 

BiitaiHiic Majesty's possessions iu North America, and des- 
tined for the United States, may be entered at the proper 
custom-house and conveyed in transit, without the payment 
of duties, through the said possessions, under such rules and 
reguUitions, and conditions for the protection of the revenue 
as the governments of tl)e said possessions may from time to 
time prescribe; and, under like rules, regulations, and con- 
ditions, goods, wares, or merchandise may be conveyed in 
transit, without payment of duties, from the United States 
through the said possessions to other places in the United 
States, or for export from ports in the said possessions. 

ARTICLE XXXI. 

The government of her Britannic Majesty further engages 
to urge upon the parliament of the dominion of Canada and 
the legislature of New Brunsvvick, that no ex{)ort duty, or 
other duty, shall be levied on lumber or timber of any kind 
cut on that portion of the American territory in the State 
of Maine watered by the river St. John and its tributaries, 
and floated down that river to the sea, when the same is 
shipped to the United States from the province of New 
Brunswick. And, in case any such export or other duty 
continues to be levied after the expiration of one year from 
the date of the exchange of the ratifications of this treaty, 
it is agreed that the government of the United States may 
suspend the right of carrying hereinbefore granted under 
Article XXX. of this treaty for such period as such export 
or other duty may be levied.- 

ARTICLE XXXIII. 

The foregoing Articles XVIII. to XXV., inclusive, and 
Article XXX. of this treaty, shall take effect as soon as 
the laws required to carry them into operation shall have 
been passed by the imperial parliament of Great Britain, 



366 DOCUMENTS kp:lating to the 

by tlu' parliainont ol" Cauiula, and by the legislature of 
Prince Edward's Island on the one hand, and h}^ the Con- 
ofi'ess of the United States on the other. Such assent hav- 
ing been given, the said articles shall remain in force for the 
period of ten years froni the date at which they may come 
into operation; and fuithcr until the expiration of two 
years after eithc}' of the high contracting parties shall have 
siven notice to the other of its wish to terminate the same ; 
each of the high contracting i)arties l)eing at liberty to give 
such notice to the other at the end of the said period of ten 
years or at any time afterward. 

ARTICLE XLIII. 

The ])resent treaty shall be duly ratified by the President 
of the Tnited States of America, by and with the advice 
and consent of the Senate thei-eof, and by her Britannic 
Majesty; and the ratifications shall be exchanged either at 
Washington or at London within six months from the date 
hereof, or earlier if possible. 

In faith whereof, we, the respective plenipotentiaries, 
have signed this treaty and have hereunto affixed our seals. 

Done in duplicate at Washington the eighth day of May, 
in the year of our Lord one thousand eight hundred and 
seventy-one. 

[ L. S.] HAMILTON FISFI. 

[ L. S.] ROBT. C. SCHENCK. 

[ L. S.] SAMUEL NELSON. 

[L. S.J EBENEZER ROCKWOOD HOAR. 

[ L. S.] GEO. H. WILLIAMS. 

[ L. S.] DEGREY & RIPON. 

[ L. S.] STAFFORD II. NORTHCOTE. 

[ L. S.] EDWD. THORNTON. 

[ L. S.] JOHN A. MACDONALD. 

[ L. S.] MOUNTAGUE BERNARD. 



TERRITORIAL HISTORY OF MAINE. 367 

And whereas the said treaty has been duly ratified on 
both parts, and the respective ratifications of the same were 
exchanged in the city of London, on the seventeenth day 
of June, 1871, by Robert C. Schenck, Envoy Extraordinary 
and Minister Plenipotentiary of the United States, and Earl 
Granville, her Majesty's Principal Secretary of State for 
Foreign Affairs, on the part of their respective govern- 
ments : 

Now, therefore, be it known that I, Ulysses S. Grant, 
President of the United States of America, have caused the 
said treaty to be made public, to the end that the same, and 
every clause and article thereof, may be observed and ful- 
filled with good faith by the United States and the citizens 
thereof. 

In witness whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the City of Washington this fourth day of July, 
in the year of our Lord one thousand eight hun- 
[ Seal ] dred and seventy-one, and the Independence of 
the United States the ninety-sixth. 
By the President : U. S. GRANT. 

Hamilton Fish, Secretary of State. 



INDEX. 



LIST OF SUBJECTS. 



C 



Acts, for compensation of Com- 
missioners, 208 ; for the ad- 
mission of Maine into the 
Union, 199 ; for the sale of 
Public Lands in Maine, 331, 
332 ; for the settlement of 
boundaries between Canada 
and the United States, 328 ; for 
the sale of the Eastern Lands 
by lottery, 82 ; for the separa- 
tion of Maine from Massachu- 
setts, 94, 127, 135, 136, 150, 15:}, 
196, 209, 211, 239, 248, 254, 264, 
290 ; to establish the Massa- 
chusetts School Fund, 305 ; to 
modify the Act of Separation, 
290, 291 ; to promote immigra- 
tion, 354, 355; to provide means 
for the defence of the North- 
eastern Frontier, 349, 350; 
Quebec, 62, 63, 73, 281, 282. 

Aggressions of New Brunswick 
upon Maine, 270. 

Agreement for adjusting personal 
concerns between Maine and 
Massachusetts, 211. 

Arms of Maine, 200. 

Articles of Separation, 127, 135, 
196. 



B 



Bingham's Purchase, 94. 

Board of Trade, 15, 20, 25, 

Bond given to Penobscot Indians 
by Massachusetts, 303. 

Boundaries, Northeastern, .321, 322, 
323, 328, 330; Convention for 
the settlement of, 258, 279, 
294; between Maine and New 
Hampshire, 272; decision on 
the northern, 46. 

Vol. II. 



Capital, Report on the location 
of, 237. 

Charters, the longest issued by 
the British government, 3; to 
Gorges, 6; of Massachusetts 
Bay (1691), 3; (1725), .36; the 
Province, 3. 

Commissions, establishing a Board 
of Trade, 15; of Boundary, Re- 
port of, 321, 328; to Earl of 
Bellomont, 25 ; to Richard Phil- 
ipps, 41, 42. 

Commonwealth, the, as an official 
title, 66; the designation of 
only three states, 66. 

Constitution of Maine, 153; of 
Massachusetts, 65. 

Covenant of lands between Phips 
and Madokawando, 11. 

Convention of 1827, 279. 

D 

Deed to William Bingham, 94. 
F 

Fishery Rights, 337, 339, 359, 

.360, 361. 
Fishing, Convention for the right 

of, 132. 
Fund, Disputed Territory, 319. 

Government, Report on the loca- 
tion of the seat of, 237. 

Grants, Bradley's, 276; Eastman's, 
276; Muscongus, 11; of Acadia 
to De La Tour, 1 ; to Madam 
De Gregoire, 89. 



Immigration, Act to promote, 354, 
356. 



370 



TERRITORIAL HISTORY OF MAINE. 



Islands, belonging to (Jreat Brit- 
ain, 323, 324; belonging to the 
United States, 32.), 325. 



Land Okfick established, 82. 
Lands, Public, Division of the, 
215, 234, 239, 248, 254,264, 298. 
Lottery Act, the, 82. 

M 

Madawaska War, 307, .'JIO. 

Map, 3Iitcheirs, 281, 283. 

Marks [Indian], Cozinto, Wene- 
moet, 14; Emet, Edger, 14; Ma- 
dokowando, 14; John, 14. 

Masts reserved for the navy, 10. 

Military Road, 349, 350. 

N 

Northern Boundary, decision 
on the, 46. 

Naturalization necessary for Mad- 
am De Gregoire, 89. 



Patents, Acadia, 111; Waldo, 11, 
218, 219, 220, 225, 226, 227, 235, 
242, 243, 300. 

Peace, of Aix-la-Chapelle, 50; of 
Munster, 28; of Paris, 55; of 
Ryswick, 28, 29; of Utrecht, 
32, 41 ; see also treaties. 

Penobscots, the, 80. 

Proclamation erecting the Prov- 
ince of Quebec, .59. 

Q 

Quebec Act, 62, 63, 73, 281, 282. 

R 

Railroad, the Grand Trunk, 345; 
European and North Ameri- 
can, 350, 352, 353, 354. 

Ratification of Grant to De La 
Tour, 1. 



Report in favor of a Captain-Gen- 
eral, 19; of the Survey of the 
Eastern Boundary of New 
Hampshire, 91, 341. 

Resolution of Maine to purchase 
Public Lands, 334. 



Scandinavians settled in Maine, 

355. 
Seal of Maine, 200. 
Swedish Colony founded, 355. 



T 



Ten Proprietors, the, 11. 

Thalweg, defined, 289. 

Treaties, Aix-la-Cliapelle, .50, 51; 
Amity, 111, 112, 114, 281; Ba- 
den (1714), 52; between Great 
Britain and tlie United States, 
72; Breda, 28; Jay's, 102, 108, 
111,112; of Ghent, 51, 108, 114, 
123,124, 125, 258, 259, 260, 261, 
262, 279, 280, 281, 283, 284, 314; 
of the Hague, 52; of London, 
52; of Madrid, 52; of Nim- 
eguen, .52; of Paris, 55, 56, 59, 
60, 63, 72; of Ryswick, .52; of 
Utrecht, 41, 52, .58; of Vienna, 
52; of Washington, 313, 314, 
321, 3.30, .342, 349, 358, 359; 
Reciprocity, 336; St. Germain, 
28; Webster-Ashburton, 313; 
Westplialia, 52; with Passa- 
maquoddy Indians, 98, 127; 
with Penobscot Indians, 80, 
127, 204. 

W 

Waldo Patent, 11, 218, 219, 220, 
225, 220, 227, 235, 242, 243, 300. 

War, Aroostook, .310; Madawaska, 
307, 310. 

Waste Lands of New Hampshire, 
surveyed, 91, 92. 



INDEX. 



371 



INDEX OF NAMES. 



Adams, John, 79, 108. 

John Quincy, 115, 123, 126. 

William, 115, 123. 
Addington, Henry Unwin, 259, 264. 
Allen, John, 99, 101. 

W., 94. 
Almar, .J., 4. 
Ames, Ellis, 4, 37. 
Andrews, John, 274. 
Andros, Sir Edmund, 3. 
Anne, Queen, 32. 

Ashburton, Lord Edward, 315, 320. 
Atkinson, T., Jr., 50. 
Austin, James T., 125. 
Austria, Emperor of, 362 
Awaroos, Glocian, 207, 208. 



Bliss, George, 211, 215, 216, 233, 

235, 236, 240, 248, 249, 254, 264, 

269. 
Bollan, William, 33. 
Bouchette, Joseph, 279, 322, 323. 
Bouton, Nathaniel, 47. 
Bowdoin, James, 72. 
Bradford, Alden, 132, 153. 

Bradley, , 276. 

Bray, , 46. 

Bridge, James, 211, 215, 216, 233, 

235, 236, 240, 248. 
Bridgewater, John, Earl of, 16, 24. 
Brooks, John, 86, 127, 136, 150, 

151, 1.52, 153. 
Brunswick, Duke of, 74. 
Bryant, Walter, 47, 273. 

Capt. , 347. 

Bulfinch, Charles, 237. 



Bakeb, John, 271, 272. 

, 324. 

Ballard, Ephraim, 240, 241, 243, 

244. 
Barclay, Anthony, 125. 

Thomas, 112, 113, 123, 124, 125, 
126. 
Bartlett, Ichabod, 278. 

Thomas, 304, 305. 
Batchellor, Albert Stillman, 4, 47. 
Bayard, James A., 115, 123. 
Bedford, C. P. S., 59. 
Belcher, Jonathan, 47. 
Belknap, Jeremy, 47, 92. 
Bellomont, Richard, Earl of, 25, 

26, 27. 
Bennock, John, 222. 
Benson, Egbert, 112, 113. 
Bernard, Montague, .366. 
Bingham, William, 94, 95, 217, 228, 
229, 240, 242, 244, 245, 266, 268. 

Bisse, , 46. 

Blake, Jno., 131, 208. 
Blathwayte, William, 16. 



C 



Cadillac, Sieur de la Mothe, 

1, 2, 89, 90, 91. 
Campbell, Alexander, 99, 101. 

James, 244. 

Campernell, , 274, 

Canterbury, the Archbishop of, 19, 

40. 
Castine [Jean Vincent], Baron 
de, 11. 

Caton, , 324. 

Chalmers, George, 29, 56. 
Chamberlain, John, 221. 

Champigny, Sieur de, , 2. 

Channing, Edward, 60. 
Chapman, Henry Leland, 135. 
Charles II., 4, 44. 

XII., .31. 
Child, James L., 215, 233, 248, 

254, 257, 269. 
Chiscut, George, 246. 
Choiseul, Due de Praslin, 59. 
Chubb, Pasco, 20. 
Chute, , 19, 



372 



TERRITORIAL HISTORY OF MAINE. 



Clay, Henry, 115, 123. 

James, 347. 
Cobb, David, 98. 
Cobbett, William, 103. 

Cocks, , 41. 

Coffin, George W., 229, 299, 303. 
Colbert, Jean Baptiste, 2. 

Collins, , 317, 322. 

Cozinto, Wenemoet, 14. 
Crane, Joseph, 93. 

Crock, , 324. 

Cushing, Caleb, 358. 

D 

Daglk, , 324. 

Dane, Nathan, 3G, 129. 
Daveis, Charles S., 307, 310. 
Davis, Daniel, 127, 129, 131, 205. 

Silvanus, 15. 
Deane, John G., 310. 
De Gregoire, Baitholmy, 89, 90, 
91. 

Maria Theresa, 89, 90, 91. 

Degrey, , 366. 

De Mont's [Sieurde], 111. 
Denny, Jonale, 101. 

Pier, 101. 
Denonville, Sieur de, 2. 
Desbarats, P. E., 33, 60, 73. 
De Soelen, Verstolk, 290. 
Donham, G. M., 154. 
Doyle, John Andrew, 20. 
Duer, William, 95. 
Dumont, Jean, 28, 33. 
Dunkin, Christopher, 1. 
Dunlap, Robert P., 296. 
Durkee, Z. F., 344. 

E 

Eames, Jerkmiah, 93. 

Eastman, Mr. , 276, .346. 

Elgin, Earl of, 328, 340. 
Emerson, William, 208. 
Emet, Edger, 14. 

Errol, , 345. 

Estcourt, J. B. B., 327, 343. 
Etien, John, 131, 207, 208. 



F 

Falconer, Thomas, 329. 
Fessenden, W. P., -334. 
Fish, Hamilton, 306. 
P'h'tcher, Benjamin, 27. 
Flint, Royal, 95. 
Franklin, Benjamin, 73, 79. 
Frost, John, 100, 101, 102. 

G 

Gallatin, Albert, 115, 123, 133, 

135, 259, 264, 310. 
Gambier, James, Lord, 115, 123. 
Gannet, Henry, 272, 341. 
George, I., 36. 

II., 41, 46, 50. 

III., 55, 59, 62. 

Gilraan, , 276. 

Goodell, Abner Cheney, 4, 37. 
Gordon, A. P., 341. 
Gorges, Sir Ferdinando, 6. 
(ioulburn, Henry, 115, 123, 135 
Gouveiieur, Abram, 14. 
Grant, Charles, 2.59, 264. 

U. S., 359, 367. 
Granville, Earl, 367. 
Gray, Earl, 328, 329. 
Greene, Benjamin, 239. 
Greenleaf, Moses, 241, 242, 244, 

245, 246. 
Greenwood, Alexander, 242, 245, 

246. 
Grenville, Baron, 104, 110. 

Grew, , 324. 

Grimaldi, Marquis de, 59. 



Hall, , 322. 

Hamlin, Elijah L., 334. 
Hammond, Isaac W., 92. 
Hamor, E. M., 90. 
Hansard, T. C, 55. 
Hanson, John, 246. 
Harris, John, 113. 
Hart, Albert Bushnell, 60. 



INDEX. 



373 



Hartley D., 79. 

Haswell, John H., 74, 103, 108, 

114, 124, 132, 258, 314, 336, 358. 
Henchman, D., 36. 

Herrick, Gen. , 250. 

Hill, Abraham, 16, 24. 

Mark Langdon, 127, 131, 205. 
Hoar, E. R., 366. 
Hoit, Nathan, 93. 
Holden, Roland, 242. 
Holland, Park, 221, 243, 246. 
Holman, Silas, 211, 213, 215, 216, 

217, 218, 219, 220, 224, 233, 235, 

236, 240, 248, 249, 254, 257, 264, 

269. 
Holmes, John, 124, 125, 126. 

Honeywell, , 324. 

Hopf, Jules, 358, 
Hornebrook, John, 14. 
Hough, Franklin B., 66, 154. 
Houston, William, 33, 56, 60, 61. 
Howard, Joseph, 243. 
Howell, David, 112, 113. 
Hubbard, John, -331. 
Hungary, the King of, 362. 
Huntington, J. H., 341. 
Hutchins, G., 11. 



Ingalls, Daniel, 345. 

J 

Jackson, Henry, 95. 
Jarvis, Charles, 224, 225. 

Leonard, 86, 95, 98. 
Jay, John, 79, 102, 104, 107, 108, 

111. 
Jenkinson, Charles, 29, .33, 51, 56. 
John [Sagamore], 14. 
Johnson, , surveyor, 322, 323. 

, 324. 

Joseph, Sock, 131, 132, 207, 208. 

K 

Kendall, , 324. 

Kennedy, , 324. 

Kent, Henry O., 341, 343, 349. 



Kincardine, Earl of, 328, 340. 

King, , 323. 

King, Rufus, 10. 

William, 204, 277. 
Kingsford, William, 56, 61. 
Knox, Henry, 95. 



Lacote, John Baptiste, 100. 
Lafayette, Marquis de, 89. 
Lee, Joseph, 131. 
Leverett, John, 11. 
Lewis, Lothrop, 131, 204, 207, 208, 
211, 215, 246. 

Stephen L., 208. 
Lincoln, Benjamin, 80. 

Levi, 211, 215, 216, 233, 235, 236, 
240, 248, 270. 
Lindsey, Charles, 56. 
Lion, Joseph, 207, 208. 
Locke, John, 16. 

Lolon, I pi-ancis, 131, 132, 207, 208. 
Lolor, ) 1111 

Lossing, Benson J., 114. 

Loud, Jacob H., 334. 

Louis XIV., 1, 2, 28, 29, 31, 32, 89, 

90, 91. 

XV., 50, .55. 

Lunenburgh, Duke of, 74. 

Lushington, Stephen, 329. 

Lyman, Theodore, Jr., 124. 

M 

Macdonald, John A., .366. 

William, 56, 60, 103, 104. 
Mclntyre, Rufus, 278. 
McKechnie, Thomas, 241, 245, 265, 
McMillan, Andrew, 250, 251, 252, 

265. 
Madokawando, j .-, -.^ lo ^^ 
Madokowando, j ' ' ' • 

March, John, 14. 

Marcy, W. L., 340. 

Marie, Piel, 131, 132, 207, 208. 

Martens, Charles de, 103, 108. 

Fred de, 73. 

George Frederic de, 56, 133. 



374 



TERRITORIAL HISTORY OF MAINE. 



Mary, Queen, 3, 4, 14, ;5T, 65, 82. 
Mason, David, 14, 
Maynard, Jonathan, 221. 
Meadows, Sir IMiilip, 10. 
Methwen, Jolin, 16. 
Michaud, Joseph, 323. 
Mills, David, rjG, GO. 
Mitchell, Awaroos, 207, 208. 

Etien, 131, 132, 207, 208. 

John, 50, 261, 262, 282, 283. 

Piel, 208. 
Moore, John Bassett, 111, 124, 279. 

N 

Neal, Daniel, 3. 

John, 241, 242, 245, 265. 
Nelson, Samuel, 366. 
Neptune, Francis Joseph, 101. 

John, 101, 131, 207, 208. 

Joseph, 101. 

Joseph Marie, 207, 208. 

Nicholas, 131, 132. 

Pier, 101. 

Suasin, 207, 208. 
Netlierlands, the King of, see 

William II. 
Nicholas, John, 131, 132. 
Niles, H., 114, 1.32, 151, 154. 
Norris, Josepli, 249, 252, 255, 265, 
266. 

Joseph C, 250, 251, 252, 255, 265. 
Northcote, Stafford H., 366. 

O 

O'Cai.lagiian, Edmund B., 15, 

20, 25. 
Croon, John, 207, 208. 



Perham, Lemuel, 240, 241, 244. 
Perisit, Piel, 131, 132. 
Philipps, Richard, 41, 42, 43, 44, 
45 46. 

John, 14, 15. 

Samuel, 86, 95, 98. 
Phips, Spencer, 11. 

Sir William, 3, 11, 12, 13, 14. 



Pickering, Danby, 62. 

Pigott, , 11. 

Pollexfen, John, 16, 24. 

Poore, Ben : Perley, 4, 36, 66, 136, 

1.54, 199. 
Porter, Benjamin J., 211, 213, 215, 
216, 233, 235, 236, 240, 248, 249, 
254, 257, 264, 269. 
Joseph W., 98, 127, 204, 216, 304. 
Preble, Abraham, 15. 
William P., 279, 310. 
Prescott, William, 36. 
Putnam, Rufus, 80, 86. 

B 

Randolph, Edward, 15. 
Read, John, 95, 98. 
Rice, Thomas, 80. 

Ripon, , 366. 

Rives, George Lockhart, 124, 
Roberts, Amos M., .304, .305. 
Robbins, Edward H., 127, 131, 205. 
Robinson, Frederick John, 133, 

1.35. 
Rose, Daniel, 216, 217, 218, 219, 

220, 233, 235, 236, 239, 240, 

248, 249, 254, 257, 264, 269, 

299, 303. 
Rush, Richard, 133, 1.35, 
Russell, Jonathan, 115, 123, 
Ryan, , 323. 

S 

Samwer, Charles, 358. 

Savage, , 324. 

Schenck, Robert C, 366, 367. 
Sheppard, William, 129, 
Shereff, W., 46. 
Shirley, William, 50. 
Shrewsbury, the Duke of, 25. 
Smith, Albert, 327, 342. 

Ebenezer, 93. 

Samuel E., 279, 296. 
Sophie, Princess, 44. 
Sparks, Jared, 73. 
Stillman, George, 99, 101. 
Story, Joseph, .36, 



INDEX. 



375 



Strong, Andrew, 243. 
Stuart, Andrew, 258, 279. 
Sullivan, James, 98. 
John, 93. 

T 

Tachbreau, , 326. 

Tankerville, Earl of, 16, 24. 

Thibideau, , 323. 

Thomas, William Widgery, 355. 
Thornton, Edward, 366. 
Titcomb, Samuel, 99, 100, 101, 113, 

219. 
Tomah, Nicholas, 208. 

Piel, 131, 132. 

Sabattis, 208. 
Tomas, Joseph, 101. 
Town, Salem, 221, 243. 
Treat, Joseph, 208, 252. 
Trevor, J., 11. 
Turner, Charles, 249, 254, 257, 264, 

269. 
Twiss, Travers, 329. 



Valentine, , 317, 322. 

Vandenvelden, W., 60, 103. 

W 

Wales, the Prince of, 44. 
Warner, Samuel, Jr., 334. 

, 276. 

Washburn, Israel, 310. 



Washington, George, 103. 
Webster, Daniel, 314, 315, 320. 

Ebenezer, 131, 208. 
Weeks, John W., 278. 
Wells, Nathaniel, 86. 
Wench, F. A. G., 51, 56. 
Wenemoet, 14. 

Wentworth, , 345, .347. 

Weston, Samuel, 129. 
Wharton, Francis, 73. 

Wheelock, , 324. 

Whipple, Joseph, 131. 
White, Benjamin, 296. 

John, 14. 
Wilder, David, Jr., 3,34. 
Wilkins, John, 132. 
William II., 279, 280, 290, 294, 297, 

310. 
William III., 3, 4, 14, 15, 16, 25, 

28, 29, 31, 37, 65, 82. 
Williams, George H., .366. 
Williamson, Joseph, 200. 

William D., 132, 208. 
Williams, Reuel, 249, 254, 2.57, 264, 

269, 334. 
Wilson, John M., 341, 349. 
Winslow, Edward, 113. 
Wright, E. M., 334. 
Wyndham, William, 104, 107. 



Young, Barnabas, 246. 



INDEX OF PLACES. 



Abbott Brook, 344. 

Acadia, 2, 5, 7, 28, 32, 33, 37, 42, 43, 

50, 57, 58, 111. 
Addison, 231. 
Aix-la-Chapelle, 50, 51. 
Alagash River, 300. 
Albany, Me., 228. 
Allen's Neck, 229. 



Allen's Island, 231. 

Amerscoggin River, 92. 

Amity, 111. 

Andover, 226, 227, 276, 345. 

Androscoggin River, 226, 227, 228, 

276, 278, 342, 345. 
Annapolis Royal, 34. 
Anson, 226. 

Anticosti, Island of, 61. 
Arnold's River, 327. 



376 



TERRITORIAL HISTORY OF MAINE. 



Aroostook County, :i54. 

River, 302, 352. 
Asli Island, 230. 
Atkinson, Me., 227. 
Augusta, 237, 238, 239, 299. 

Capit.il Hill, 237. 

Watson's Hill, 237. 
Austria, 362. 
Avon, 226. 



Baden, .52. 

Bald Mountain, 275. 

Ballard's Mill Pond, 275. 

Baltic Sea, 116. 

Bangor, 246, 304, 305, 321, 350, 351, 

Barker's Island, 324. 

Barnstable County, 68. 

Bar Porcupine Island 231. 

Bartlett's Island, 230. 

Hath Academy, 241. 

Bay de Chaleurs, 61, 64, 282, 286, 

287, ,330. 
Bay of Fundy, 76, 100, 117, 124, 

125, 126, 286, 287. 
Bear Island, 232. 
Beaver River, 288. 
Bedford, 132, 208. 
Belfast, 2.38. 
Berkshire County, 68. 
Bethel, 276, 346. 
IJickford, Mountain, 275. 
liinfiham's Lottery Land, 217. 
Purchase, 94, 218, 226, 228, 229, 

240, 242, 244, 245, 250, 265, 266, 

268, 301. 
IJirch Island, 231. 
Hircli Point Island, 232. 
iilack Island, 81, 229, 231, 232. 
Blak('s1>urg', 225. 
Hluehill, 230, 246. 
Academy, 224. 
Bay, 230. 
Boston, 21, 22, 24, 87, 144, 153, 

298, ,334, 3.35, 364. 
Bowdoin College, 141. 



Bras St. Nicholas River, 288. 
Brewer, 129, 207. 
Brimstone Island, 229. 
Bristol County, 68. 
British Cliannel, 116. 
Browntield, 243, 275. 
Brownville, 227, 3.55. 
Brunswick, 238. 
Buckfield, 228. 
Bucksport, 246. 
Burnt Island, 231, 2,32. 

c 

Calais, 227. 
Cambridge, 113. 

River, 276, 345. 
Camp Island, 2,30. 
Canada, 1, 2, ,35, 56, .57, 59, 63, 111, 
285, 286, 317, ,326, ,328, .329, 331, 
.337, 340, ,342, 361, 365, ,366. 
Cai)pawo(;k, 6. 
Cai)e Bonavista, 35. 

Breton, 50, 53, ,57, 58, 62. 

Cod, 0, 7. 

Mallabar, 6. 

of Good Ho])e, 116. 

Ray, 133. 

Rosieres, 61. 
Carmel, 227. 

Carrying Place Bay, 230. 
Castine, 242. 
Caton's Island, ;)24. 
Chatham, 275, 347. 

Corners, 347. 

Kimball's Pond, 276. 
Chaudiere River, 288. 
Chesterville, 226. 
Chesuncook Lake, .300. 
Chickwalnepeg River, 276, .345. 
Cold River Road, .346. 
Colebrook, 345. 
Columbia, 225. 
Connecticut, 6, 21, 24, 25, 75. 

River, 64, 76, 93, 119, 120, 281, 
285, 288, 327. 



INDEX. 



377 



Conway, 72, 375. 

Center, 275. 
Corinth, 225. 
Corinna, 226. 
Cornville, 227. 
Cragged Mountain, 275. 
Cranberry Island, 324. 
Crock's Island, 324. 
Cumberland County, 68, 94, 145, 
152, 204. 

D 

Dagle's Island, 324. 
Dalhousie, 330. 
Dartmouth College, 344. 
Day's Academy, 268. 
Dead Rivei-, 327. 
Deer Island, 230, 232, 268. 
Delaware, 75. 
Denney's Eiver, 84. 
Denneysvillo, 225. 
Des Trois Isles, 323. 
Devil's Head, 113. 
Diana's Island, 232. 
Dixfield, 226. 
Dominico Island, 61. 
Doiiaquet, 2. 
Dudley Island, 125, 126. 
Duke's County, 68 



E 



Eastern Purchase, 94. 
East Florida, 61, 76, 117. 
East Indies, 53, 54, 55. 
Easton's Island, 232. 
Eastport, 273. 
Eaton, 275. 
Effingham, 274, 275. 

Corner Stone, 274. 

Towle's Hill, 274. 
Egamoggin Reach, 230, 232. 
Ellsworth, 89, 223, 224, 225, 227. 
England, 4, 14, 15, 16, 17, 18, 25, 
28, 32, 36, 37, 41, 46, 50, 52, 55, 
59, 65. 



Errol, 276, 345. 
Essex County, 68. 

F 

Falls of St. John, 329. 
Famine River, 288. 
Farm Island, 268. 
Fief Madawaska, 330. 

Temiscouta, 330. 
Fifth Island, 324. 
Flander's Bay, 231. 
Fort Kent, 349. 
Fourth Island, 324. 
Fox Ridge, 274. 

France, 1, 14, 16, 25, 28, 32, 34, 35, 
37, 42, 50, 55, 57, 58, 63, 74, 89, 
133. 
Frederick Island, 125, 126. 
Frederickton, 271, 286. 
Freeman, 226. 
Frenchman's Bay, 231, 246. 
Fryeburg, 275, 341, 347. 

Ballard's Mill Pond, 275. 

Fag End, 272. 

a 

Gasferd Mountain, 327. 

Geneva, 359. 

George's River, 229, 232. 

Georgia, 75. 

Ghent, 51, 108, 114, 123, 124, 125, 
126, 258, 259, 260, 261, 262, 279, 
280, 281, 283, 284, 314, 316. 

Gipp's Peak, 327. 

Gooseberry Island, 324. 

Gore, 227. 

Gorham, 204. 

Gothenburg, 356. 

Gottingue, 314. 

Gouldsboi'ough, 231. 

Gourd Island, 244. 

Grafton, 345. 

Grand Bank of Newfoundland, 76. 

Grand Isle, 323. 

Grand Menan, 117. 

Grand Trunk Rail Road, 345. 



378 



TKKKITORIAL HISTORY OF iMAlNl 



Great Britain, ;]7, 42, 55, 57, 58, 61, 
62, 64, 72, 74, 75, 102, 107, 108, 
111, 113, 114, 123, 132, 133, 138, 
258, 259, 280, 283, 286, 295, 297, 
307, 315, 323, 324, 328, 336, 340, 
351, 358, 359, 361,365. 

Great (ireen Island, 231. 

Great Isle of Holt, 232. 

Green Island, 232. 
River, 288. 

Greenwich, 116. 

Royal Observatory, 113. 

Grenadines, the, 61. 

Grenada, 61. 

Grew's Island, .■>24. 

Gulf of Mexito, 116. 
of St. Lawrence, 9, 58, 61, 76, 
330. 

H 

Hague The, 52, 279, 290. 
Halifax, 106, 132, 362. 
Hallowell, 238. 
Hairs Stream, 317, 322. 
Hampden, 243. 

Academy, 251. 
Hampsliire County, 68. 
Hancock, 89. 

County, 90, 95, 96, 223, 225, 227, 
228. 
Harbor Island, 232. 
Harrington, 231. 
Hartford, 228. 

Harvard College, 11, 82, 113. 
Hay Island, 231. 
Head Island, 231. 
Hard Bay, 230. 
Highland, the, 284, 294. 
Hog's Back, 326. 
Holland, 32, 295, 297. 
Holt's Island, 230. 
Honeywell's Island, 324. 
Hopkins Academy, 250. 
Hopkins' Island, 230. 
Houlton, 321. 
Hudson's Bay, 30, 65, 134. 

Streights, 61. 



Hungary, .362. 



I 



Indian Island, 230. 

Purchase, the, 221. 
Ireland, 4, 14, 16, 25, 37, 42, 74, 

133, 2.59, 315, 328. 
Irish Channel, 116. 
Iron-bound Island, 246. 
Island of Ca])e Breton, 35. 

of Grand Menan, 117, 124, 125, 
126. 

of Grenada, 61. 

of St. Christopher, 33. 

of St. Johns, 62. 
Isle of Holt, 229, 230, 232. 

of Shoales, 48, 273. 

Royal, 54, 62. 
Ive's Point, 112. 

J 

Jerseys, the, 21, 24, 25. 
Joe's Point, 112. 
Johnson's Island, 324. 

K 

Kamoi RASKA River, 288. 
Katalidin Iron Works, 354. 
Kendall's Island, 324. 
Kennebec County, 226, 227, 239. 

Purchase, 93,. 94, 226, 228, 229, 
240, 244, 265, 266, 268, 301. 

River, 226, 228, 286, 287, 288. 

Road, 326. 
Kennedy's Island, 324. 
Kent River, 343. 
Kentucky, 66. 
Kimball's Pond, 347. 
King's Island, 323. 



Labrador, 61, 77, 134. 
La Famine River, 288. 
Lake Beau, 330. 

Chaniplain, 61, 64, 281. 

Erie, 64. 

Megantic, 327. 

Ontario, 64, 76. 



INDEX. 



379 



Lake, continued. 

Pech-la-wee-ka-co-nies, 330. 

Pohenagamook, 316, 320, 322, 
324, 325. 

St. John, 61. 
Lamoine, 89. 
Lancaster, 276, 346. 
Leech Lake, 326. 
Liiyjoln, 351, 354, 366, 367. 

County, 68, 83, 94. 
Little Deer Island, 231, 232. 
Little Diamond Kiver, 277, 344, 
Little Green Island, 229. 
Little Magalloway River, 343. 
London, 31, 52, 102, 107, 110, 132, 
135, 258, 280, 286, 320, 359, 362. 

St. James Palace, 62. 

Westminster, 4, 11, 15, 19, 27, 37, 
41, 42, 46. 

Whitehall, 24. 
Long Lake, 330. 
Louisburg, 50. 
Low Countries, the, 64. 
Lubec, 223, 224. 
Lues Island, 100. 
Luxembourg, 280. 

M 

Machias, 84, 223, 224, 226. 

McCobb Island, 231. 

Madawaska, 284. 
Islands, 323. 

Madelaine Island, 61, 77. 

Madison, 226. 

Madrid, 52, 75. 

Magalloway ( Paver, 92, 277, 327, 

Margalloway \ 343, 344. 

Magdalen Island, 61, 77, 134, 337, 
360. 

Mageis, 2. 

Maine, District of, 3, 89, 94, 135, 
139, 141, 142, 143, 144, 146, 147, 
148, 149, 150, 151, 152, 153, 196, 
197, 206, 209, 211, 216, 234, 240, 
249, 254, 264, 265, 270, 290, 292, 
293, 301. 



Maine, continued. 

Province of, 3, 5, 9, 11, 37, 66, 

82, 89. 
State of, 41, 47, 62, 66, 73, 80, 98, 
102, 114, 127, 132, 135, 136, 137, 
153, 154, 199, 200, 201, 202, 204, 
205, 206, 208, 210, 211, 213, 214, 
216, 217, 219, 220, 222, 224, 227, 
229, 232, 233, 234, 237, 241, 244, 
248, 251, 253, 255, 256, 257, 264, 
265, 267, 268, 269, 271, 272, 277, 
278, 279, 283, 290, 291, 292, 293, 
294, 295, 296, 297, 298, 299, 301, 
303, 304, 305, 307, 310, 311, 312, 
313, 317, 318, 319, 320, 321, 331, 
332, 333, 334, 335, 336, 339, 342, 
344, 349, 350, 351, 352, 353, 354, 
355, 356, 358, 365. 

Mananas Island, 231. 

Mark Hands Island, 232. 

Mark Island, 232. 

Narragansett Country, 6. 

Mars Hill, 284. 

Maryland, 75. 

Massachusetts, 3, 5, 6, 9, 11, 12, 
19, 20, 21, 22, 23, 24, 25, 36, 37, 
38, 41, 46, 47, 49, 50, 65, 66, 67, 
69, 75, 80, 82, 89, 90, 92, 94, 96, 
98, 99, 113, 127, 128, 130, 132, 
135, 136, 137, 142, 143, 146, 148, 
149, 150, 151, 152, 153, 196, 197, 
199, 204, 205, 206, 207, 209, 211, 
216, 217, 218, 220, 223, 227, 229, 
233, 234, 240, 247, 248, 249, 251, 
253, 254, 255, 256, 264, 265, 267, 
269, 270, 290, 291, 292, 293, 296, 
297, 298, 299, 301, 303, 305, 306, 
309, 313, 319, 331, 332, 333, 334, 
335, 349, 352. 
Bay, 283. 

Matinic Island, 231, 233. 

Matinicus Island, 229, 231, 233. 

Matomquoog Island, 12. 

Mattawamkeag River, 128, 251, 
253, 302, .351. 

Meddy-Bemps Lake, 84. 
Pond, 84. 



380 



TERRITORIAL HISTORY OF MAINE, 



Mt'diterranean Sea, 110. 
Meduxnekeag River, 323. 
Merrimac River, 6, 49. 
Mi'tis River, 288. 
Metjarmettee River, 287. 
Micliaiurs Islands, 32:5. 
Middlesex Canal, 2G<i, 2()7. 

County, (58. 
Miquelon Island, Tk), r>8. 
Mispecky Reacli, 231. 
Mississippi River, 4(J. 
Missouri, 199. 
Mistouche River, 330. 
Monhegan, 229, 231. 
Monomack River, U. 
Moosehead Lake, 228, 265, 2GG, 

267, 268, 269, 300. 
Moose Island, 125, 126, 230, 268. 
Mount Abbott, 343. 

Carmel, 277, 343. 

Desert, 1, 89, 90, 2:W, 231. 
Bay, 230. 

Joli, 134. 

Kenio, 268. 

Royce, 276, 346. 



N 

Nantucket, 6, 68. 
Narragansett Country, 6. 
Narraguagus Bay, 244. 
Naskeeg Roint, 81. 
Nemcass Point, 100. 
Netherlands, the, 279, 280, 

295, 297, 310. 
Neutral Island, 111. 
New Brunswick, 111, 118, 120, 

270, 271, 282, 284, 285, 286, 

318, 319, 328, 329, 330, 331, 

340, 351, 369, 365. 
Newburgh, 243. 
Newbury Neck, 230. 
New Charlestown, 227. 
New England, 3, 4, 5, 6, 10, 12 

23, 38, 47, 
Newfield, 274. 



294, 



255, 
317, 
337, 



, 20, 



New Foundland, 34, .35, 42, 43, 46, 
58, 61, 63, 65, 76, 77, 133, 134. 

New Hampshire, 21, 22, 24, 25, 46, 

47, 48, 49, 75, 91, 92, 93, 226, 

240, 242, 244, 272, 278, 341, 342, 

344, 349. 

Newichwaniiock / ,,. ,. ,„ ,_., 

x^ • 1 , River, b, 48, 273. 

ISewickaiiiiock ) i •, ^ 

New .Jersey, 75. 

New Plymouth, 3, 5, 9, 37; see also 
Plymouth. 

Newport, 225, 

New Portland, 227. 

Newry, 228. 

New Sharon, 227. 

New Sweden, .355, 356, 357. 

New Vineyard, 227. 

New York, 21, 22, 23, 24, 25, 26, 
75, 125, 317, 321, 364. 

New York City, 21, 123, 125. 

Niagara River, 64. 

Nimeguen, 52. 

Nolacemeac Lake, 129. 

Noman's Land, 233. 

North Carolina, 75. 

North Fryburgli, 347. 

Nova Scotia, 3, 5, 7, 9, 32, 33, 34, 
37, 41, 42, 43, 44, 45, 46, 50, 56, 
57, 58, 76, 77, 117, 118, 119, 120, 
281, 282, 283, 284, 285, 309, 337, 
359, 362. 

<) 

Ohio River, 64. 

Old Town, 81, 129, 130, 206, 354. 

Old Town Island, 81, 129, 130. 

Orangetown, 227. 

Orland, 242. 

Orono, 304. 

Orrington, 225. 

Ossipee River, 275. 

Oxford County, 226, 228,229. 



Palmyra, 226. 

Paris, 50, 56, 59, 60, 63, 72, 74, 79. 



INDEX. 



381 



Parsonsfield, 274. 

James Andrew's house, 274. 
Partridge Island, 232. 
Pascataqua; see Piscataqua. 
Passadunkee Island, 81. 
Passamaquoddy, 101. 

Bay, 94, 112, 123, 124, 125, 12G. 
Pemaquid, 3, 11, 14, 28. 
Pennsylvania, 64, 66, 75, 95. 
Penobscot, 11, 12, 14, 223, 242, 246, 
247. 
County, 131, 132, 208, 225, 227, 

304. 
Purchase, 94. 

River, 80, 81, 83, 94, 128, 129, 
217, 218, 219, 221, 222, 235, 236, 
250, 252, 266, 286, 287, 288, 352. 

Perry, 225. 

Petit Manan Island, 231. 

Philadelphia, 95. 

Phillips, 226. 

Piscataqua Harbor, 6, 48, 273. 

River, 80, 81, 283. 
Piscataquis County, 353, 354. 
Pissin, 61. 
Pittston, 265, 266. 
Placentia, 34, 42, 43, 46. 
Pleasant Point, 100, 102. 

River, 354. 

River Bay, 231. 
Plymouth, 37, 265, 266; see also 
New^ Plymouth. 

County, 68. 
Pond Brook, 277, 344. 
Poor Island, 230. 
Portage Lake, 326. 
Porter, 275. 
Portland, 151, 198, 238, 350, 364. 

Academy, 226. 

Court House, 145, 152, 153. 
Port Royal, 34. 
Portsmouth, 93. 
Portugal, 56. 
Prince Edward's Island, 337, 360, 

361, 366. 
Prospect Hill, 277, 343. 



Providence, 111, 113. 
Plantation, 75. 

Q 

Quebec, 59, 61, 62, 63, 65, 73, 281, 

282, 283, 286, 359. 
Quirpon Islands, 134. 
Quissibis Isle, 323. 



R 



Ragged Island, 231. 

Ramea Islands, 133. 

Raymond, 240. 

Raynham Academy, 267, 268. 

Reed's Pond, 224. 

Restigouche River, 286, 287, 288, 

330. 
Rhode Island, 6, 21, 24, 25, 75, 111, 

113. 
Rimousky River, 288, 330. 
Ripley, 227. 

River Cataraquy, 76, 119, 120. 
Iroquois, 7G, 119, 120, 317. 
Mantawomkuktook, 81. 
of Canada, 9; see River St. Law- 
rence. 
St. Francis, 289, 316, 320, 322, 

324. 
St. John, 61, 281, 283, 285, 286, 
287, 288, 289, 316, 317, 318, 320, 
322, 324, 325, 330, 336, 339, 350, 
352, 365. 
St. Lawrence, 9, 35, 57, 58, 61, 
64, 76, 93, 119, 278, 281, 282, 
283, 284, 285, 286, 287, 288, 289, 
309, 316, 317, 320, 322, 325, 329. 
Riviere Doiiaquet, 2. 
Du Loup, 288. 
Du Sud, 288. 
Quelle, 288. 
Pistoles, 288. 
Rossback Mountain, 343. 
Round Island, 232. 
Ryan's Island, 323. 
Ryswick, 28, 29, 32, 52. 



382 



TERRITORIAL HISTORY OF MAINE. 



S 

Sable Island, 34. 
Saco Free Bridge, 268. 

River, 275. 
Saddle Back, ;527. 
Saddleback Island, 2;')0. 
Sagadahoc, G, 28. 

River, 6, 9. 
St. Albans, 227. 
St. Andrews, 118, 120. 

Island, 112. 
St. Croix River, 7G, 102, 105, 106, 
108, 109, 110, 111,112,119,120, 
250, 255, 265, 281, 288, 284, 285, 
286, 288, 289, 816, 820, 822, 828, 
380. 
St. George's Island, 12. 
River, 11, 12, 229, 232. 
River Falls, 12. 
St. John's Road, 242, 245. 
St. Pierre, Island of, 55, .58. 
St. Regis, 322. 
St. Vincent's Island, 61. 
Salmon Falls River, 48, 273, 278. 
Salmon Falls River, Bryant Rock, 

273. 
Sandwich Academy, 268. 
Sandy Stream, 326. 
Sanford, 246. 
Sangerville, 225. 
Savage's Island, 324. 
Schoodic Bay, 250. 

Lake, 98, 100, 251, 253. 
River, 98, 99, 100, 225, 226, 227, 
252. 

Schudic River, 88. 

Schuduc River and Ponds, 84. 

Schoodiac Lakes, 286, 287, 288. 

Scotland, 4, 14, 16, 25 

Seal Island, 288. 

Second Grant in N. II., .844. 

Sedgwick, 246. 

Septieme Isle, 328, 324. 

Sevey's Island, 281. 

Shapleigli, 278, 274. 

Sheepscot River, 14. 



Slu'lburn, 92, m, 845, 846. 
Ship Island, 230. 
Silver Stream, 845. 
Small Island, 280. 
Solon, 227. 

Somerset County, 226, 227, 229. 
South Carolina, 75. 
Soward's Island, 281. 
Spain, 52, 56. 
Spider River, 827. 
Spoon Island, 282. 
Standish, 246. 
Steuben, 281. 
Stowe, 847. 
Straits of Bellisle, 184. 
Strong, 227. 
Success, 845. 
Pond, ,8-15. 
Suffolk County, 68. 
Sugar Island, 266, 268. 
Sullivan, 95. 
Sumner, 227. 
Sunday Mountain, 277. 
Sunkhaze River, 81. 
Surrey, 228, 224, 242. 
Sweden, 31, 355, 856. 

T 

Taunton, Academy, 267, 268. 

Tebut's Island, 281. 

Temple, 226. 

Ten Pound Island, 226, 288. 

Tent Island, 2.82. 

Tliibideau's Islands, 323. 

Thomas's Island, 280. 

Tliomaston, 229, 231. 

Tobago Island, 61. 

Toe's Point, 112. 

Tomer's River, 99. 

Towle's Kill, 274. 

Township No. One, 99, 100, 219, 

220, 222, 226, 228. 
No. Two, 99, 219, 220, 221, 222, 

226. 228, 285. 
No. Three, 100, 220, 228, 225, 

226, 227, 285, 242. 



INDEX. 



383 



Township, continued. 

No. Four, 220, 221, 222, 226, 228, 
235, 236. 

No. Five, 219, 222, 226, 228, 343, 
844. 

No. Six, 219. 220, 226, 235. 

No. Seven, 219, 220, 225, 228, 
235. 

No. Eight, 219, 220, 226, 227, 235. 

No. Nine, 219, 235, 242. 

No. Ten, 111, 226, 235. 

No. Eleven, 235. 

No. Tvpelve, 227. 

No. Fourteen, 226. 

No. Twenty-three, 223, 224. 
Trafton Island, 244. 
Trenton, 89, 96. 
Trois Rivieres, 288. 
Turtle Island, 324. 

U 



Lake, 92, 276, 344, 
345. 



Umbagog 
Umbagoguk 

Lake, North Bay of, 344. 
United Netherlands, the, 75. 
Utrecht, 32, 41, 52, 58. 



Vermont, 66, 317. 
Versailles, 2, 75. 
Vienna, 52. 
Virginia, 75. 



W 

Wait Township, 219. 
Wakefield, 273, 274. 

Camperneirs House, 274. 
Washington, 123, 260, 295, 311, 313, 
320, 321, 327, 340, 361, 366, 367. 

County, 95, 96, 225, 227, 228, 242, 
245, 246. 
Waterville, 238. 
Weld, 228. 

Wentworth's Location, 345, 347. 
Wessawesskek River, 12. 
West Florida, 61. 
West Indies, 53, 54, 55, 106, 116. 
West Passamaquoddy River, 100. 
Westphalia, 52. 
West Quody, 100. 
Wheaton's Island, 233. 
Wheelock's Island, 324. 
White Island, 81, 230, 232. 
Wild River, 276, 346. 
William's College, 226. 
Williamsburg, 227. 
Wiscasset, 238. 
Wooden Ball Island, 229. 
Woodstock, 352. 
Worcester County, 68. 
Wotten, 104. 



York, 11. 

County, 68, 94, 246. 



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