COLLECTIONS
OF THE
MAINE HISTORICAL SOCIETY
SECOND SERIES
*,l
DOCUMENTARY
HISTORY OF THE STATE OF MAINE
VOL. VIII.
CONTAINING
THE FAKNTHAM PAPERS
1698 1871
COMPILED
BY MISS MARY FRANCES FARNHAM
or THE OREGON HISTORICAL SOCIETY AND OF
THE AMERICAN HISTORICAL SOCIETY
PUBLISHED BY THE MAINE HISTORICAL SOCIETY, AIDED BY
APPROPRIATIONS FROM THE STATE
PORTLAND
THE LEFAVOR-TOWER COMPANY
1902
T
TABLE OF CONTENTS.
PAGE.
XCIV. Ratification of the Grant to Sieur de la Mothe Cadil-
lac, by Louis XIV. of France, May 24-June 3, 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, between 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
OIL 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
VI
CONTENTS.
PAGE.
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
CX. Extracts from the Definitive Treaty of Peace, between
United States and Great Britain, September 3, 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 United 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, December 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.
Vll
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, 153
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
between 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
CXXX VI. Further Division of the Public Lands, by Commis-
sioners under the Act of Separation, May 21, 1823, 239
CXXX VII. 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 r 258
Vlll
CONTENTS.
PAGE.
CXL. Further Division of the Public Lands, by Commis-
sioners under the Act of Separation, November
7, 1827, 264
CXLI. 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 the 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
CLI. Resolves Relating to the Northeastern Boundary,
by a Committee appointed by the Legislature of
the State of Maine, March 30, 1841, ... 307
GLII. Resolve in Favor of a Conventional Line, by the
Twenty-second Legislature of the State of Maine,
May 26, 1842 310
CLIII. Extracts from the Treaty of Washington, between
the United States and Great Britain, August 9, 313
1842,
CONTENTS.
IX
PAGE.
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 New Brunswick, by
the Parliament of Great Britain, August 7, 1851, 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
TO THE
Territorial History of Maine.
XCIV.
RATIFICATION OF THE GRANT TO SIEUR DE LA
MOTHE CADILLAC BY LOUIS XIV. OF FRANCE.
MAY 24
JUNE 3
Sources.
The grant of Mt. Desert to Sieur de la Mothe Cadillac,
KgurtS* 1688 was ratified by Louis XIV. of France JS* 2 ,
1689.
The ratification is printed with other documents in " Re-
turn to an Address at the Bar of the Legislative Assembly
of Canada by Christopher Dunkin, advocate, in behalf of
certain proprietors of Seigniories of Lower Canada." The
" Return" is in 4< 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 line
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 th 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 RELATING TO THE
Versailles, and wishing to confirm and ratify the grants made
in his His Majesty'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
Kiver 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
command 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,) COLBERT.
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-
leges with Suffolk and Middlesex.
The " Province Charter " was brought over by Sir Wil-
liam Phips, who was by royal appointment 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 I., 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 " Occasional Essays on Various
Subjects, chiefly Political and Historical" (London, 1809),
93-124; also in Ben: Perley Poore, " The Federal and
State Constitutions, Colonial Charters, and other Organic
Laws of the United States " (Washington, 1877), 942-954;
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 XIII., 109-122. A transcript from the charter 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, 1869-
92, 7 vols.
The text adopted is the printed form in "Acts and
Resolves," I., 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
England and the Enrollment of the same should be cancelled
vacated and annihilated and should be brought into the said
TERRITORIAL HISTORY OF MAINE. 5
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 several 1 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 Massachusetts 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
6 DOCUMENTS RELATING TO THE
the Massachusetts Bay in New England And of Our especial
Grace certaine knowledge and nicer mocon Wee have given
and granted and by 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 couionly called Monomack als 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 farr
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 Compass 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 Collonyes of Rhode Island 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 descriptive terms of the Maine boundary were probably copied from the
Gorges charter, with the exception of the following clause, which should be sup-
plied to make the limits clearly understood: "be finished, and from Piscataqua
Harbour Mouth aforesaid North-Eastward along the Sea Coast to Sagadahoc & up
the River 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 General!
Court or Assembly 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 Annul 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 Reigne Entituled an Act for abrogateing
of the Oaths of Allegiance and Supremacy appointing other
Oaths and thereby appointed 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 1 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 being shall have full
power and Authority from time to time as he shall Judge
necessary to adjourne Prorogue and dissolve all Great and
Generall Courts or Assemblyes 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
Approbaoon 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
adjoyning 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 necessary 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 maksing any Wilfull 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 every such
Tree soe felled cutt or destroyed without such Lycence 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 Scale
PIGOTT
Pro Fine in Hanaperio quadragint Marcas
J. TREVOR C. 8.
W. RAWLINSON C. 8.
G. HUTCHINS C. /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 e eastarn Parts of this. Province. Sendeth
Greeting. Know ye y i I y e S d Madokowando for a valluable
Consideration to me in hand p d before & at y e Ensealing &
delivery of these Presents by his Excellency S r William
Phipps Kn* y e Rec fc whereof is hereby acknowledged &
thereof & of every part & parcell thereof do fully Clearly
& absolutely acquit Exonerate & forever Discharge him y e
S d S r William Phipps Jun r his heirs Executors or Adminis-
trators Have given granted Released Confirmed Enfieffed
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 r W im Phipps Kn*
afores d his heirs & assigns all y l parcell parcells of land
lying & being on both sides of y e river Commonly Called &
known by y e Name of S* Goorges River in y e eastern part
of this Province aboves d bounded to y e Eastward Wessa-
wesskek River to y 8 westward by y e West side of Cove
Island & so by a Straight line in y e Country as high as y e
uppermost Falls of S l Georges River afores d as also a Cer-
tain Island lying before y e mouth of y e S d River Called &
known by y e Name of Matomquoog together with all y e
Islands Commonly Called & known by y e Name of S
Georges Islands Together with all y e 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 e S d 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 e S d 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 e Profitts
Comodityes & appurtenances whatsoever, to y e Same be-
longing or in any wise appertaining unto his S d Exelency
S r William Phipps Kn* his heirs & assigns unto y e only Sole
& Proper use & behoof of him y e S d S r William Phipps Kn l
his heirs & assigns forever in a free & absolute Right
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 e S d Madokowando his heirs or assigns
& y e S d Madokowando doth Covenant Promise & agree to
& with his Exelency S r William Phipp Kn* his heirs &
assigns y 1 he y e S d Madokawando being y e Only true & law-
full Owner of all & Singular y e 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 grants
Excepting y e Valluable Consideration aboves d dispose of,
gives grants Releases Confirms Enfieffes Alienes Sett over
bargaines & Sells unto y e S d S r William Phipps, his heirs
& assigns forever Covenanting & hereby promising for him-
self & assigns, unto y e S d S r William Phipps Kn l his heirs
& assigns y e 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 e S d
gr -yyim phjppg Kn* his heirs & assigns from all every or
any Claims pretences or demands to y e Premisses or any
part thereof by any person or persons whatsoever In Witt-
ness whereof y e S d Madokowando hath hereunto Sett his
hand & affixed his Seal at Pemaquid y e Ninth Day of May
in y e Sixth Year of y e Keign of Our Soveraign Lord & Lady
William & Mary of England Scotland France & IrJand
King & Queen Defenders of the faith &c Anno^ Domini
1694
( seal ) The Mark of \S Madokowando
Sangomore of Penobscot
Signed Sealed & Delivered
In the Presence of
The Mark of
Edger Emet (fa Sangomore of Kennebeck
The |n Mark of Wenemoet Cozinto
Madokowando
The f-fr Mark of "j
John Sangomore of j> Interpreter.
Sheepsgutt River J
John March
David Mason
John White
John Phillips
John Hornebrook Interp r ter
Abra m Gouverneur
Pemaquid the 10 th May 1694 Then appeared before us
the Subscribers Two of the Members of their Majestyes
Counsell the within Named Madokowando & did then &
TERRITORIAL HISTORY OF MAINE. ' 15
there declare & acknowledge y e within Instrument to be his
Voluntary act & Deed
John Phillips
Silvanus Davis
Kecorded according to y e Origanall Jan 17 17 th 1721 :
Abra m Preble Reg r
XCVII.
EXTRACTS FROM COMMISSION ESTABLISHING A
BOARD OF TRADE, BY WILLIAM III. OF
ENGLAND.
MAY 15/25, 1696.
Sources.
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 ot
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 Ireland, Defender of the Faith
&a. To our Keeper of oure Great Seale of England or
Chancellor of England for the time being [and others] . . .
Greeting :
Whereas We are extreamly desirous that the Trade of
Our Kingdom of England, 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 fitt 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 Seale or Chancellor for the time
being, the President of Our Privy Council for the time
being, The Keeper of our Privy Seale for the time being,
The first Commissioner of Our Treasur}^ or Treasurer for
the time being, The First Commissioner for executing the
Office of Admirall and Our Adrairall 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 Bridgewater, Ford Earl of Tankerville,
Sir Philip Meadows, William Blathwayte, John Pollexfen,
John Locke, Abraham Hill, and John Methwen, 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 purpose and intention
herein may the better take effect 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 WlLL AND PLEASURE 1*S, 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 you 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 usefull and beneficiall 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 best 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 Trades
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
TERRITORIAL HISTORY OF MAINE. 19
recommended as fitt to be passed in the Assembly s there,
To heare complaints of Oppressions and maladministra-
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 C c\c m
MARCH 7 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 report is inserted in this compilation because it shows
the intimate relation of the colonies at the time when Cap-
tain Chubb had surrendered Pemaquid to the French.
A valuable study on the Board of Trade and its influence
on New England History is by John Andrew Doyle, " The
English in America, Puritan Colonies," II., ch. vii. The
original report is in " New England Entries, Board of
Trade," A, 134, and is printed by Edmund Bailey O'Cal-
laghan, 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 th 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 severall 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 offered to us upon that subject.
The importance and advantages of an Union for mutual
defence and common security are by all sides agreed on ;
but the objections against the methods proposed for putting
it in execution are various, according to the different inter-
ests of those by whom they are made.
The proposition chiefly insisted on in the forementioned
Memorials is that the person whom Your Majesty shall be
TERRITORIAL 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 Connecticut^ 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 Military Governor over
them, with power to demand 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-
diciall to the former. The residence of the Governour of
New Yorke at Boston would oblige the inhabitants of New
Yorke 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 Governour 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 of 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 d 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 th 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
for 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, Massachusetts 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 again e 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. BRIDGEWATER
TANKERVILLE
Whitehall PH. MEADOWS
February the 25 JN POLLEXPEN
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, e a b r ? h ary * 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 somber ?o 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 l Hon blc the Earl of Bellomont to be
His Maj ty Capt" General and Gov r in Chief of His
Maj tys 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 welbeloved 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 meer 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 n General and Gov r 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 given 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 1 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 Office and trust
of our Capt n General and Gov r 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 1 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 th and 8 th years of our Reign, entituled : An act for
the better security of His Maj^ 3 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 Office and place of our Capt n Gen-
eral and Gov r 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 n Gen 1 and Gov r 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 18 th day of June
in the ninth Year of our Reign 1697
28 DOCUMENTS RELATING TO THE
C.
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 atRyswick, 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 efforts 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), VII. 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
Historiques 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 War " (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),
TERRITORIAL HISTORY OF MAINE. 29
180-182. More reliable texts are those of Charles Jcnkin-
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 RELATING 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 effect.
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 mutually 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.
01.
EXTRACTS FROM THE PEACE OF UTRECHT,
BETWEEN QUEEN ANNE OF ENGLAND
AND LOUIS XIV. OF FRANCE.
MARCH 31 -1710
APRIL 11 1/id -
Sources.
The treaty of peace and friendship, concluded Aprn h il> 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.
TERRITORIAL HISTORY OF MAINE. 66
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, 3731),
VIII., part I, 339-342 ; it is reprinted from that source in
4< Me*moires des Commissaires du Roi et de ceux de sa
Majest4 Britannique, sur les Possessions et les Droits
respectifs des deux Couronnes en Ame*rique " (Paris, 1755),
II., 113-136; in both Latin and French in Casimir
Freschot, " Actes, Me*moires, & 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, relating to Peace and War " (London,
1710), III., 378-422; 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), 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 Bollan, " 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. 35
to the said island, beyond the time necessary for fishing,
and drying of fish. But it shall be allowed to the subjects
of France to catch fish, and to dry them on land, 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 effects. 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 of
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, either 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.
GIL
EXPLANATORY CHARTER OF MASSACHUSETTS BAY,
BY GEORGE I. OF ENGLAND.
AUGUST 26 -179*;
SEPTEMBER 6' L
Sources.
The " Explanatory Charter" of $ b Jl, 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-
bly, the document is sometimes called the " Supplementary "
Charter. It was accepted by the General Court, January
15/26, 1725/6. The Explanatory Charter affords an inter-
esting study in the development of popular government.
As it was the model of legislative proceedings it is printed
entire in this compilation.
It was first "printed for and sold by D. Henchman,"
under the title " The Explanatory Charter grantod by His
Majesty, King George 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 Goodell, 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 impowered 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 by 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 disapprove
of such Speaker by the Governor of the said Province
appointed or to be appointed by vs or them for the time
being And no power is Granted by the said recited letters
Patents to the said House of Representatives to adjourn
TERRITORIAL HISTORY OF MAINE. 39
themselves for any time whatsoever by means whereof
divers Doubts 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 be 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 behalfc
any thing in the said recited letters 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
TERRITORIAL 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 King
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 RELATING TO THE
(Portland, 1828), Appendix, 119, 120; also "American
State Papers, Foreign Relations" (Washington, 1859),
VI., 915.
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.
0Copy of his Majesty 's Commission to His Ex-
cellency Rich d Philipps Esq r Gov r 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 d Philipps Esq r 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
fifth year of his Reign, Constitute & appoint you the said
Rich d Philipps Gov r 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 c 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 5 th 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 Determined & by these Presents do revoke & Deter-
mine the said recited Letters Patents & every Clause Arti-
cle & thing therein contained ; 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 d 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 d
Philipps to be our Governour of Placentia in Newfoundland
& our Captain General & Governour in Chief in & over our
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 Affaires of our said Province We hereby give &
Grant unto the said Rich d 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 DOCUMENTS 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 & subscribe and cause them to
make & subscribe the Declaration mentioned in an Act of
Parliament made in the 25 th year of the Keign 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 d Philipps by your self, or by your Captain &
Commanders by you Authorized 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 of all Enemies & such
Enemies, Pyrates and Rebells both at Sea & Land & to
transport such forces to any 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 n General & Gov r 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 persons
upon such fines and under such moderate Quit Rents, Ser-
vices & Acknowledgements to be thereupon reserved unto
us as you (by & with y e 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 d 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 d 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 d 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 r
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 d Philipps
shall & may hold, Execute & Enjoy the Office & Place of
our Governour of Placentia in Newfoundland and our Capt n
General & Gov r in Chief in & Over our said Province of
NOVA SCOTJA 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" (1871), 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 V 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.
85 th WHEREAS Disputes and Controversies have for
many Years subsisted between His Majesty's loving Subjects
of y e Provinces of the Massachusetts Bay & New Hampshire
in New England in regard to the boundaries between the
said Provinces and Whereas his Majesty was pleased by
his order in Council Dated 22 nd January 1735 to direct that
48 DOCUMENTS RELATING 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 th 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 agsjriev'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 Boundary be-
" tween the said Provinces the Court resolves and Deter-
" mines that the dividing Line shall pass up thr6 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 until!
" 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 ce of New Hampshire, and that the North easterly
"part thereof shall lie in and be accounted part of the
TERRITORIAL HISTORY 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
" equally 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 similar 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-
esty'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 are 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 RELATING TO THE
And for your further Information herein an Authentic
Copy of the Plan returned for y e said Commissioners is
hereunto annexed.
True Copy as upon Record.,
CT : Atkinson Jun Sec 17
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 France, 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 Louisburg 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 repre-
sented the English government on the commission, 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
"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, 1755-1757),
and "The Memorials of the English and French Commis-
saries Concerning the Limits of Nova Scotia or Acadia
(London, 1755) ; in 1756 a duodecimo edition of the
" Memoires " 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
TERRITORIAL HISTORY OF MAINE. 51
the treaty of Ghent, was published in 1755 for the Lords
of Trade.
An early text of the treaty of Aix-la-Chapelle is that of
Frid. Aug. Guil. Wenek " Codex Juris Gentium Recentis-
simi" (Leipzig, 1788), II., 337-361. The treaty was
printed in English 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), 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 all occasions, whatever may contribute 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 01* committed during the war now ended.
And all persons, upon the day of the exchange of the
52 DOCUMENTS RELATING TO THE
ratifications of all the parties, shall be maintained or
re-established in the possession of all the effects, 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 1670; 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 foundation 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 by 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 of
six weeks, or sooner if possible, to be reckoned from the
day of the exchange 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 be delivered, upon the exchange
of the ratifications of the present treaty, the duplicates
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
in the East 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 llth 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
ratifications, 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.
Sources.
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 Mique-
lon, 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 English prints were in the periodicals of that period :
"The Annual Register" (1762) , 233-243; " The Gentle-
man's Magazine" (1763), 121-126, with map (pa<re 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 general 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 . . . des Puissances et e*tats de FEurope . . . '
(Gottingue, 1817), I., 104-121. Extrapts 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,
VII. , 64, 65 ; David Mills, M. P., "A Report on the Bound-
aries of the Province of Ontario " (Toronto, 1873), 218,
219 ; Charles Linclsey, "An Investigation of the Unsettled
Boundaries of Ontario" (Toronto, 1873), 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 fishing 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 th day of
February, 1763. 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 Acadia, in all its parts, and guaranties the
whole of it, and with all its dependencies, to the king 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 effectual 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
majesty, 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 ratifications 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 island 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
islands, to erect no buildings upon them, but merely for the
convenience of the fishery, and to keep upon them a guard
of fifty 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 said 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 month, 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.] CUOISEUL, 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.
Sources.
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 ; 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 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 riot published,
Washington, 1829), Appendix XVII., 165-168; " Ameri-
can Archives, a Documentary History of the North American
Colonies" (Washington, 1837), 4th Series, L, 172-175;
David Mills, M. P. " A Report on the Boundaries of the
Province of Ontario " (Toronto, 1873), Appendix F., 192-
198; William Houston, "Documents 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 to their Commerce,
Manufactures, and Navigation ; We have thought fit, with
the advice of our Privy Council, to issue this our Royal
Proclamation, hereby to publish and declare to all Our
TERRITORIAL 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 Eiver St. John, and from 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 THE
We have also with the advice of our Privy Council,
thought fit to annex the Islands of St. John's, and Cape
Breton, or Isle Roy ale, 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 reign of George III., is. often named
in popular handbooks on American history as one of the
" intolerable acts " which hastened the American revolution.
The title, however, simply designates it as "An Act for
making more effectual provision for the government of the
Province of Quebec, in North 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 Roval Proclama-
tion of 1763.
The Quebec Act is in Danby Pickering, 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 the North American
Colonies" (Washington, 1837), 4th Series, L, 215-219;
and extracts are in the "Report of the Regents of the
University on the Boundaries of the State of New York "
(Albany, 1874), 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,
Washington, 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 Library, Ottawa, by
William Kingsford, "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 gives the boundary lines laid down by
the Quebec Act is reprinted from " The Statutes at Large."
Text.
WHEREAS his Majesty, by his royal 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
there 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 RELATING TO THE
thereby subjected to regulations inconsistent with the nature
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, by 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 be 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 DOCUMENTS RELATING TO THE
constitution which the people failed to ratify. The " Frame
of Government" which was agreed upon by delegates in
convention at Cambridge, 1779-80, was ratified by the peo-
ple in 1780. Although Massachusetts was the last of the
original 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 of 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 called 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), I., 12-40. It is in Ben: Perley
Poore, " The Federal and State Constitutions, Colonial
Charters, and Other Organic Laws of the United States "
(Washington, 1877), 956-973 ; 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 or GOVERNMENT.
THE People inhabiting the territory formerly called the
Province of Massachusetts-Bay, do hereby solemnly 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 department 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 of MASSACHUSETTS. . . .
CHAPTER I.
SECTION II.
SENATE.
Art. I. THERE shall be annually 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 trom 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 DO
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.
Suffolk 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 III.
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
his 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-
Go vernor, 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, except when the chair
ot 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-Go vernor, 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 there 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 Or 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 effectually 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 quali6ed 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 future editions of the said laws.
JAMES BOWDOIN, PRESIDENT.
CX.
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 of 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 laid down in accord-
ance with the proclamation of 1763 and the Quebec Act of
1774. Although 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 of 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 from
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 Parliament of
Great Britain, and of Other Public Acts relative to Canada "
(printed by P. E. Desbarats, Quebec, 1800) ; and Geo.
Fre*d. de Martens, " Recueil de Traites . . . des Puissances
etetatsdel'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 between the United States of America and Foreign
Nations," in " Statutes at Large of the United States of
America" (published by authority of Congress, Boston,
1846), 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 differ-
ences 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, upon 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 of 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 between
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
delegate in Congress 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 might 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 Cataraquy ; 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 respectively 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 they
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 MAINB. 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 officers, 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 fifst of a series
of negotiations with Indian tribes which was begun by the
commonwealth of Massachusetts, and finally assumed by
the State of Maine.
The act is reprinted from the "Acts and Laws of the
Commonwealth 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 Mantawomkuktook, 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-
Poirit : 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
hundred 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 lands 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 Gover-
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.
Sources.
From the time when Maine was consolidated with the
Province of Massachusetts Bay by the charter of William
and Mary in 1691, until the final separation in 1820, the
public lands in Maine 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, build bridges, endow institutions, and even to
provide an orrery for Harvard College, it was in the order
TERRITORIAL 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 townships 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 townships, 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
range, 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 aforesaid middle division ; from 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 of Schu-
duc-River, marked thus A 1764; then soutk 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 Machias ; 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 number thirteen, twelve, eleven, ten, nine and eight,
to the first mentioned bounds.
Provided nevertheless, That there be 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 for 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 townships, 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 intent^ 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 RELATING TO THE
same, without any other or further deed of writing what-
ever ; and an attested copy of such registry shall be sufficient
evidence of the party's title to the same.
And be it further enacted by the authority aforesaid,
That the Hon. 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 publish
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 book 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
sign the same boDk, 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, an y fee
or reward.
TERRITORIAL HISTORY OF MAINE. 87
And be it further enacted by the authority aforesaid,
That the said Lottery shall commence drawing 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 such altered, forged 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
offender 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
Supreme 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 be 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 by 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
CXIII.
GRANT OF LANDS AT MT. DESERT TO MADAME DE
GREGOIRE, BY THE GENERAL 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 lands described passed both houses
June 29, 1787. By this grant the claims of Madame De
Gregoire to territory conferred to her grandfather, Monsieur
De La Mothe Cadillac, by Louis XIV., J? u a n y e 2 !, 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 Commonwealth of Massachusetts,
respecting the Sale of Eastern Lands ; with the Reports of
the Committees appointed to sell said Lands, from March 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 described 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
mutual 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
XIV, 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 effect, 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 during the year 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), III., 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 lor 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 8
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
by 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 will 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 th 1790
Jn Sullivan]
Eben r Smith I Corn-
Nathan Hoit [ mittee
Jer h EamesJ
ST Surveyor,
94 DOCUMENTS RELATING 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-
hara, 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 further account of Mr. Bingham reference may be
had to Mr. W. Allen's article, ** Bingham Land," Maine
Historical Society, " Collections," VII.
The deeds were executed, one half were delivered, and
the other half were retained by the commissioners until
stipulated conditions should be fulfilled. The series was
recorded in the Land Office, '* Eastern Lands, Deeds, <&c., w
Book No. 2, pp. 180-248. The deed transcribed for this
compilation is No. 1 of the series, pp. 180-18S. It is be-
lieved that not one of the deeds has ever before been
printed.
Text.
Whereas, 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 the Estate of the said
Commonwealth, and within the same : And whereas, the
said Commonwealth, by 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 Hancock 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 township
number fifteen, and part of Lottery township number 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
township number four and part of township number seven,
Westerly on township nine, northerly on Part of Lottery
township number sixteen & part of Lottery township num-
ber seventeen, easterly on township number 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 :
TERRITORIAL 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 W r illiam 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 William 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.
CXVL
TREATY WITH THE PASSAMAQUODDY TRIBE OF
INDIANS, BY THE COMMONWEALTH OF
MASSACHUSETTS.
SEPTEMBER 29, 1794.
Sources.
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), 46, 47,
and was reprinted with "Resolves passed by the Twenty-
third Legislature of the State of Maine" (Augusta, 1843),
263-266 ; also by Joseph W. Porter, editor, " Bangor His-
torical Magazine" (Bangor, 1886, 87), II., 91, 92.
The text adopted is that of "Resolves of the General
Court."
TERRITORIAL 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 Committee 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 26th 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, WITNESSETH 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 Land, 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 Titcornb, in the year of our Lord, 171)4,
containing about 23,000 acres, more or less, being bounded
as follows : Easterly by Tomer's-river, and Township, No.
1, first Range ; northerly by Township, No. 2, second
100 DOCUMENTS RELATING TO THE
Kange ; westerly, by Township No. 3, first Range; south-
erly, by the west branch of Schoodic-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, lying on Nemcass-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 marked
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 Commonwealth 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
his
JOSEPH X NEPTUNE, (L. S.)
mark
his
PIER x DENNY, (L. S.)
mark
his
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 RELATING TO THE
paid to the above-Darned 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 is
known as " Jay's Treaty," from the principal negotiator on
the part of the United States, was concluded at London,
November 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 a n
important relation to the territorial history of Maine. It
was the first treaty under constitutional government which
the United States of America concluded with any foreig n
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 Relations" (Washington, 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 published, 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 Register " (London, 1815), 347-352,
381-384; "The Parliamentary History of England " (Lon-
don, 1818), XXXII. , 216-233; " British "and 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 Traite's . . . conclus par les Puis-
sances de 1 '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 satisfactiop 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.
ART. 2. His Majesty will withdraw all his troops and
garrisons from all posts 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
delivery 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 pre-
cincts or jurisdiction of any of the said posts. 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 hall respectively be laid before them
on the part of the British Government and of the United
States.
106 DOCUMENTS RELATING TO THE
The said commissioners shall meet at Halifax, and shall
have power to adjourn to such other place or places as they
shall think fit. They shall have power to appoint a secre-
tary, 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
river 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 source. 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 duration 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 l 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
1 Article 12 was for the regulating 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, that
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 RELATING TO THE
CXVIII.
EXPLANATORY ARTICLE TO JAY'S TREATY, BY
COMMISSIONERS OF THE UNITED STATES
AND GREAT BRITAIN.
MARCH 15, 1798.
Sources*
To obviate certain difficulties which had arisen in deter-
mining the latitude and longitude of the St. Croix river
under Article V. of 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,
1846), VIII., 131, 132; "British and Foreign State
Papers" (London, 1841), I., part i., 806, 807; in both
English and French by Charles de Martens, reviser,
" Recueil des Principaux Traites . . . conclus par les
Puissances de 1'Europe ..." (Gottingue, 1826), V., 696 ;
and by John H. Has well, 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 would
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, par-
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
commissioners, 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 described 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, signed 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 treaty was signed at Providence, Rhode Island,
October 25, 1798. It is interesting 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 determining
the true St. Croix. It niny also be noted that the town of
Amity, which was incorporated in 1836 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, 736; also "Documents Relating to the
North-Eastern Boundary of the State of Maine" (Boston,
1828;, No. 12, 162, 163, and the unexecuted declaration
(without date), No. 13, 164, 165; and, in part, "House
Executive Documents," 27th Cong. 3d sess., No. 31 ; it
is also included 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, 36; "British and Foreign
State Papers" (London, 1841), I., 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), Appendix L. L., No. 42. Other sources
are "American State .Papers, Foreign Relations" (Wash-
ington, 1859), VI., 921, 922; John^Bassett Moore, "His-
tory and Digest of the International Arbitrations to which
112 DOCUMENTS RELATING TO THE
the United States has been a Party, together with appen-
dices ..." (Washington, 1898), I., 29-31 ; and the Maine
Historical Society, " Collections and Proceedings " (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 s 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 finally 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 been 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 1 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 l 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
1 Printed in other copies " Ive's Point," 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 th day of October in the year 1798.
TH OS BARCLAY, [SEAL]
DAVID HOWELL, [SEAL]
EGB T 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 which 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," 1814-15, 13 Cong. 3 sess. No. 66, 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),
VIII., 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 Gambier, 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 his
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 RELATING 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 parties, shall remain in the
possession of the party in whose occupation they may be at
the time of the exchange of the ratification of this treaty,
until the decision respecting the title to the said islands,
shall have been made in conformity with the fourth article
of this treaty. No disposition made by this treaty, as to
such possession of the islands and territories claimed by both
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 eastward in the Atlantic ocean as the thirty-sixth
degree 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 Mediterranean : 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 claims, 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 other 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 commissioners 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 in 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 commissioners 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 commissioners shall have power to ascertain and
determine the points abovementioned, in conformity 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 map 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
differing, 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. And 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
affirmation, 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 all 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 enjoyed 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,
previous 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 traffic 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 accomplish 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 faith 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.
Sources.
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 commissioners.
Those papers which belonged to Thomas Barclay were
124 DOCUMENTS RELATING TO THE
presented by his great-grandson, George Lockhart Rives,
who has published "Selections from the Correspondence
of Thomas Barclay, 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, in pursu-
ance of the Convention of 1827 ..." (printed but not
published, Washington, 1829), Appendix II., 36, 37;
"American State Papers, Foreign Relations" (Washington,
1834), IV., 171; "British and Foreign State Papers"
London, 1837), V., 199, 200; " Statutes at Large of the
United States of America" (Boston, 1846), VIII., 250,
251 ; John H. Haswell, compiler, " Treaties and Conven-
tions concluded between the United States of America and
Other Powers since 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 Holmes, 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 Holmes, 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 Buy 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,
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 th 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
Island, Dudley Island, and Frederick Island, 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 Island 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 Or 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
place 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 file 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 DOCUMENTS 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 four hundred dollars, and of the payments
hereby secured 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 perpetual 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 according 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 be 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 opposite 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 laid out on
the western side of said Penohscot 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 DOCUMENTS RELATING TO THE
contiguous 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 pounds 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 }^ear among
said tribe, in such manner as that their wants shall be most
essentially supplied, and their business most effectually 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.)
his
John X Etien, Governor. (Seal.)
mark
his
John X Neptune, Lt. Governor. (Seal.)
mark
his
Francis X Lolon. (Seal.)
mark
Nicholas Neptune. (Seal.)
his
Sock X Joseph, Captain. (Seal.)
mark
his
John X Nicholas, Captain. (Seal.)
mark
his
Etien X Mitchell, Captain. (Seal.)
mark
his
Piel X Marie, (Seal.)
mark
his
Piel X Periut, Colo. (Seal.)
mark
his
Piel X Tornah. (Seal.)
mark
Signed, sealed and delivered )
in presence of us: >
Lothrop Lewis,
Jno. Blake,
Joseph Lee,
Eben'r Webster,
Joseph Whipple.
PENOBSCOT, ss June 30th, 1818. Personally appeared
the aforenamed Edward H. Bobbins, Daniel Davis, and Mark
Langdon Hill, Esquires, and John Etien, John Neptune,
132 DOCUMENTS RELATING TO THE
Francis Lolon, Nicholas Neptune, Sock Joseph, John
Nicholas, Etien Mitchell, Piel Marie, Piel Periut, and Piel
Tomah, subscribers to the foregoing instrument, and sev-
erally acknowledged the same to be their free act and deed.
BEFORE 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 by H. Niles, " Weekly
Register," XV., 434-436; it is also in "American State
Papers, Foreign Relations," (Washington, 1834), IV.,
406, 407; " Statutes at Lar^e of the United States of
America," (Boston, 1848), VIII., 248-250; John H. Has-
well, compiler, " Treaties and Conventions concluded
between the United States of America and Other Powers
since July 4, 1776,*' (Washington, 1889), 415-418; and, in
TERRITORIAL HISTORY OF MAINE. 133
both French and German, by George Frederic de Martens,
editor, " Supplement au Recueil des Principaux Traites
d' Alliance, ..." (Gottingue, 1820), V11L, 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
right 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 :
ART. 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 Rainca Islands, on the western and north-
ern coast of Newfoundland ; from the said Cape Ray to the
134 DOCUMENTS RELATING TO THE
Quirpon 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 Labrador, to and
through the straits of Belleisle, 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, any liberty heretofore
enjoyed or claimed by the inhabitants thereof, to take, dry,
or c,ure 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 purpose 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.
ART. 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 ratifications 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 had 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 tjien 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 formal vote the General Court of Massachusetts
decided "that the contingency upon which the consent of
Massachusetts was to be given for the Separation of the
District of Maine has not happened ; and that the powers of
the Brunswick Convention to take any measures tending to
that event have ceased." Three years later another " Act
relating to the Separation of Maine from Massachusetts
proper and forming the same into a Separate and Indepen-
dent State " passed 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 Massachusetts passed at the several
sessions of the General Court . . . May, 1818 . . .Febru-
ary, 1822, ; ' (Boston, 1822), VIII. , 248-260; " Laws of the
State of Maine, to which are prefixed the Constitution of
the United States, and of the said State" (Brunswick, 1821),
1003-1009; "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" (Augusta, 1856), 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 adopted is that of " Laws of the Commonwealth
of Massachusetts."
Text.
WHEREAS it has been represented to this Legislature,
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 THB
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 trom 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, shall 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 Commissioners 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. Commissioners, with the powers and for the pur-
poses mentioned in this act, shall be 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 filled 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 admitted 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
TERRITORIAL 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
shall, 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 Bovv-
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, according to the
principles of law ; and in all grants hereafter to be made,
by either State, of unlocated land within the said District,
the same reservations shall be made for the benefit of
Schools, and of the Ministry, 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 DOCUMENTS 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 day of March, within the
said District of Maine ; 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 facto , 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 from 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 ot
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
proclamation, 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 same, 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.
SEC. 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 of the
said inhabitants, every person qualified to vote for Senators,
shall have a right to vote in the choice of Delegates. And
TERRITORIAL HISTORY OF MAINE. 145
the selectmen shall preside, at such meeting, 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 further 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 from 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 RELATING TO THE
the same to be published, and sent to the several towns,
districts, and plantations, within 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 of 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 Jill the power of the Governor and Council under the
Constitution of Massachusetts, until a new Governor shall
be chosen and qualified in the said proposed State ; except-
ing only, 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 no 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. 6. Be it further enacted, That all the laws which
shall be in force within said District of Maine, upon
the fifteenth day of March next, shall still remain and be
in force, within the said proposed 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 Members 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 aDd 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 sufficient
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
of 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 be 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 inhabitants of Maine qualified to vote for execu-
tive officers assembled on the fourth Monday of July,
1819, to cast their votes upon the question submitted by
the General Court of the Commonwealth of Massachusetts,
" Shall the Legislature 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
Register," 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 upon the terras 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 RELATING TO THE
public proclamation, 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 appear-
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 [Office] 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 thirty-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
upon 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 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 County of Cumberland, 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 made
is the substitution of biennial in place of annual elections,
154 DOCUMENTS RELATING TO THE
and the prohibition of the manufacture and sale of intox-
icating liquors.
The constitution was first published in " Laws of the
State of Maine, to which are prefixed 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. VI1.-XXXL; 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), L, 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 numbers of the " Maine
Register, State Year-Book and Legislative Manual."
The text adopted for this reprint 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 posterity 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.
SECTION 1. All men are born equally free Natural
and independent, and have certain natural, inher- rlghts>
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 ; ower
all free governments are founded in their author- je e peopie! n
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- ReliKious
able right to worship Almighty God according to freedom -
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 A11 religioU8
subordination nor preference of any one sect or 8ect8e( i ual -
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 DOCUMENTS RELATING TO THE
SEC. 4. Every citizen may freely speak,
Freedom of .
speech and write, and publish his sentiments on any subject,
publication. J
being responsible for the abuse of this liberty ;
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 given in lished 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-
abie sons, houses, papers, and possessions, from 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 cause supported by oath or affirmation.
Rights of SEC. 6. In all criminal prosecutions, the ac-
persons
accused. cused shall have a right to be heard by 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 of 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 crime bu S t on
c i i / indictment.
in cases of impeachment, or in such cases of
offences as are usually cognizable by a justice of
. . . Exceptions.
the peace, or in cases arising 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,
shall be twice put in jeopardy of life or limb. for same
J offence.
SEC. 9. Sanguinary laws shall not be passed ;
all penalties and punishments shall be propor-
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 Ba11able
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 R e8 oive,
or the presumption great, whatever the punish- Mar - 30 1837 -
Amend-
meut of the crimes may be. And the privilege
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 Legislature shall pass no bill of
. Bills of at-
attamder, ex post facto law, nor law impairing tamder, &c.,
' 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 the
same overt act, or confession in open court.
suspension SEC. 13 The laws shall not be suspended but
by the Legislature or its authority.
corporal ^ EC> l^. -^ o P erson shall be subject to corpo-
ra l punishment under military law, except such
tary law.
as are employed in the army or navy, or in the
militia when in actual service in time of war or public danger.
Right of SEC. 15. The people have a right at all times
in an 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-
beke n t tto m ^ me ^ P eace 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 soldier shall, in time of peace,
to be quar- .
ize r nsin n ume quartered in any house without the consent of
of peace. j- ne owner or occupant, nor in time of war, but in
a manner to be prescribed by law.
SEC. 19. Every person, for an injury done
in his person, 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-
Trialbyjury.
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
erty not to be
for public uses without just compensation ; nor ^TusTcom-
unless the public exigencies require it.
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 Titlesof
distinction, privilege, honor, or emolument, shall prohibited.
ever be granted or confirmed, nor shall any office J^g 60 *
be created, the appointment to which shall be for limite
a longer time than during good behavior.
SEC. 24. The enumeration of certain rights shall other rights
not im-
not impair nor deny others retained by the people, paired.
ARTICLE II.
ELECTORS.
SEC. 1. Every male citizen of the United Qua ij n cation
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 by
J Written bal-
written ballot. But persons in the military, na- lot -
val, or marine service of the United States, or
8. 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 8tudent8at
seminary of learning entitle him to the right of
, Resolve Mar.
suffrage in the town or plantation where such 24,1864.
160 DOCUMENTS RELATING TO THE
Amend- seminary is established. No person, however,
ment, art. x. ^jj be Deemed to have lost his 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. Electors shall, in all cases, except
empt from . .
arrest on treason, felony, or breach of the peace, be privi-
daysof elec-
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- .
taryduty. m the militia on any day or election, except in
time of war or public danger.
Time of SEC. ^' ^he election of Governor, Senators,
and Representatives shall be on the second Mon-
day of September annually 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
loWedtovote army of the United States, being otherwise quali-
for govern-
or, &c. fi ec | 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 Representatives, on the second Monday of September
annually thereafter forever, in the manner herein provided.
On the day of election a poll shall be opened at
Polls, where
shaii he everv place without this State where a regiment,
opened.
Amenri- battalion, battery, company, or detachment, of
ment, art. x.
Res..ive, not less than twenty soldiers from the State of
Mar. 24, 1864. .
Maine, may be tound 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 ; and 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- Vote how
iments when it can conveniently be done ; when taken -
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 they may be. The three ranking officers of such
regiment, battalion, battery, company, or part of either, as
the case may be, acting as such on the dav of
act as super-
election, shall be supervisors of elections. If no VIS.TS.
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 sworn.
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 then? shall direct; provided however, Proviso.
that due notice and sufficient time shall be jjiven for all
o
voters in the regiment, battalion, battery, detachment, com-
pany, or part of either/ as the case may be, to
vote. Regimental and field officers shall be enti- cers - where
may vote.
tied to vote with their respective commands.
VOL. II. 12
162 DOCUMENTS RELATING TO THE
When not in actual command, such officers, and also all
general and staff officers, and all surgeons, assistant sur-
geons, and chaplains, shall be entitled to vote at any place
where polls are opened. The supervisors of elec-
Supervisors
shall prepare tions shall prepare a ballot box or other suitable
ballot boxes.
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
he or they are intended to fill. And before re-
turn of
voters. ceiving any vote, the supervisors, or a majority of
them, must be satisfied 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 by 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 .
correct poii- all persons allowed to vote, and of 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
names of c every person before he is allowed to vote, and the
check-mark shall be plainly made against his name
sort.count,
and declare on the poll-lists. They 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-
retary 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
, . Adopted by
of this State may pass any law additional to the Resolve Mar.
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 Power8di8 .
be divided into three distinct departments, the *
Legislative, Executive, and Judicial.
SEC. 2. No person or persons, belonging to
To be kept
one of these departments, shall exercise any of
the powers properly belonging to either of the sec ' 2 *
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 Legi8lative
in two distinct branches, a House of Representa- de P artment -
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, " Be Style
164 DOCUMENTS RELATING TO THE
it enacted by the Senate and House of Representatives in
Legislature assembled."
Number of SEC. ^' The House of Representatives shall
tfvestixed consist of one hundred and fifty-one members, to
be elected by the qualified electors, for one year
from the day next preceding the annual meeting of the Leg-
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-
Resoive meration, be fixed and apportioned among the
April 16, 1841.
several counties as near as may 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
towii8. am * town having three thousand seven hundred and
fifty may elect two ; each 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 niny elect seven ; but no town shall ever be enti-
tled to more 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 OF 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
Quali flea-
House of Representatives, unless he shall, at the JjJ^sen*
commencement of the period for which he is t
elected, have been five years a citizen of the United States,
have arrived at the age of twenty-one years, have Seeamend .
been a resident in this State one year, or from r
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 fJr e cioSce
due course of law by the selectmen of the several sentatives.
towns seven days at least before the election, and
the selectmen thereof shall preside impartially at Resolve
such meetings, receive the votes of all the qualified
166 DOCUMENTS RELATING TO THE
electors present, sort, count, and declare them in open
town meeting, 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 against his name, shall make a fair
Meetings record thereof in the presence of the selectmen
towns. and in 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 Wednes-
Lists shall
be exam- day of January annually. And the governor and
ernJrand council shall examine the returned copies of such
council. jj stg {in( j a j SQ al | jj stg of voteg of c j t j zeQS j n t h e
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
S5 d sha!i n ~ such persons as shall appear to be elected by a
summon
persons plurality of all the votes returned, to attend and
elected ta ^ 6 tne * r Seats *
Lists to be before the House of Representatives on the first
Wednesday of January annually, and they shall
finally determine who are elected. The electors
TERRITORIAL 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 qualified electors present, sort, Manner of
count, and declare them in open ward meetings, represen-
and in the presence of the ward clerk, who shall
form a list of the persons voted for, with the
number of votes for each person against his Amend-
name, shall make a fair record thereof in the
Resolve,
presence of the warden, and in open ward meet- M* 1 "- 7 ' 1834 -
ings ; and a fair copy of this list shall be attested by the
warden and ward clerk, sealed up in open ward meeting,
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
holden for the choice of any other civil officers M *r.7,i834.
for whom they have been required heretofore to men^rt?"
vote in town meeting, vote for such officers in their fiig amend-
ment, art. i.
respective wards, and the same proceedings shall Reso]ve
be had by the warden and ward clerk in each ****' Mf 1864>
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, to a bemled.
the vacancy may be filled by a new election.
168 DOCUMENTS RELATING TO THE
House to SEC. 7. The House of Representatives shall
choose its
own officers, choose their speaker, clerk, and other officers*
Power of SEC. 8. The House of Representatives shall
impeach-
ment. have the sole power of impeachment.
ARTICLE IV. PART SECOND.
SENATE.
SEC. 1. The Senate shall consist of not less
consist of than twenty, nor more than thirty-one members,
not less
thar>2o,nor elected at the same time, and for the same term,
more than
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
fifteenth day of August, in the year of our Lord
one thousand 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, senators. 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 number 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
f r Action f senators shall be notified, held, and
regulated, and the votes received, sorted, counted,
Amend-
ment, art.x. declared, and recorded, in the same manner as
4. those 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
J 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 Votegtobe
soon as may be, examine the returned copies of
such lists, and also the list of votes of citizens in
Amena-
the military service, returned into the secretary's ment) art - x -
. i ,. Resolve
office, and twenty days before the said first Mar. 24, is&i.
Wednesday of January, issue a summons to such Resoiveof y
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 election of
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 Amemled in
such senators, as shall have been elected, shall, Ki?S, ceof
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 of age at the commencement of the term, senators.
170 DOCUMENTS RELATING TO THE
for which they are elected, and in all other respects their
qualifications shall be the same as those of the repre-
sentatives.
senate to try SEC. 7. The Senate shall have the sole power
inent. 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
Limitation members present. Their judgment, however,
shall not extend 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,
toiSirfeS* whether convicted or acquitted, shall nevertheless
ished un be liable to indictment, trial, judgment, and pun-
ishment according to law.
senate to SEC. 8. The Senate shall choose their presi-
choose its
officers. dent, secretary, and other officers.
ARTICLE IV. PART THIRD.
LEGISLATIVE POWER.
Legislature SEC. 1. The Legislature shall convene on the
annSy first Wednesday of January annually, and shall
;ts powers. have f u \\ p ower to make and establish all reason-
able laws and regulations 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 by the force of law, to which the concurrence of both
governor.
houses may be necessary, except on a question of
adjournment, which shall have passed both houses, shall be
presented to the governor, and if he approve, he shall sign
it ; if 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 S^aselle 88
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 Billstobe
be returned by the governor within five days h1miS e f?ve y
(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, to judge of
election.
and a majority shall constitute a quorum to do JSSJ*
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
of its proceedings, punish its members for dis- a
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 TO keep*
such parts as in their judgment may require J
secrecy ; and the yeas and nays of the members Yea8&N y*-
of either house on any question, shall, at the
172 i DOCUMENTS RELATING TO THE
desire of one-fifth of those present, be entered on the journals.
May punish SEC. 6. Each house, during its session, may
for con-
tempt. punish by imprisonment any person, not a mem-
ber, for disrespectful or disorderly behavior in its presence,
for obstructing any of its proceedings, threatening, 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 beyond the period of the same
session.
SEC. 7. The senators and representatives shall
tion of mem-
bers. receive such compensation, as shall be established
by law ; but no law increasing their compensation shall take
effect during the existence of the Legislature which enacted
Travelling ^. The expenses of the House of Representatives
expenses. j n ^ rave ]ij n g t o ^ ne 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
Members ex- . . _ ,
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
Freedom of the Legislature ; and no member shall be liable
to answer for anything spoken in debate in either
house, in any court or place elsewhere.
SEC. 9. Bills, orders,
originate in either house, and may be altered,
SEC. 9. Bills, orders, or resolutions, may
Either house
amended, or rejected in the other ; but all bills
Revenue J
for raising a revenue shall originate in the House
of Representatives, but the Senate may propose amend-
proviso. ments as in other cases ; provided, that they 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. 6 be b a e p- 8not
point ed to
elected, be appointed to any civil office of profit certain of-
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 p rov iso.
extend to the members of the first Legislature.
SEC. 11. No member of Congress, nor person
holding any office under the United States (post- qualified to
1 t 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 Congress, or his
continuing in such office.
SEC. 12. Neither house shall, during the ses- Ad - ourn .
sion, without the consent of the other, adjourn l
for more than two days, nor to any other place than that
in which the house shall be sitting.
SEC. 13. The Legislature shrill, from time to Speoialle g.
time, provide, as far as practicable, by general ReloT"eof
, r 11 11 i Feb - 24,1875.
laws, for all matters usually appertaining to
special or private legislation.
SKC. 14. Corporations shall be formed under
Corpora-
eeneral laws, and shall not be created by special tioi.sexcept
* for inunici-
acts of the Legislature, except for municipal pur- Kf^'tobe
poses, and in cases where the objects of the cor- der'genelai
i . . , law.-.. &c.
poration cannot otherwise be attained; and, Reaoi \eot_
however formed, they shall forever be subject to
the general laws of the State.
SEC. 15. The Legislature shall, by a two-
thirds concurrent vote'of both branches, have the
. .
power to call constitutional conventions, for the Feb. M, 1875.
See ait. x.,
purpose of amending this constitution. 8ec - 2 -
Re.-ol ve of
174 DOCUMENTS RELATING TO THE
ARTICLE V. PART FIRST.
EXECUTIVE POWERS.
SEC. 1. The supreme executive power in this
Governor.
State shall be vested in a Governor.
-elected for 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 meetings for election of Gov-
Meetings for
governor ernor shall be notified, held, and regulated, and
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-
retumedto turned into the Secretarv's office in the same
Secretary
of state. manner, and at the same time as those for sen-
mTntJart. x. ators. And the Secretary of State for the time
Resolve, being shall, on the first Wednesday of January,
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
i s no 8 choic e 6 Polish the same. But if no person shall have a
majority of votes, the House of Representatives
shall, by ballot, from the persons having 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.
SEC. 4. The Governor shall, at the commence-
tions of gov-
ernor. ment 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 place Digqualifi .
under the United States, this State, or any other cations -
power, shall exercise the office of Governor.
SEC. 6. The Governor shall at stated times,
Compensa-
receive for his services a compensation, which tion -
shall not be increased or diminished during his continuance
in office.
SEC. 7. He shall he commander-in-chief of
Commander-
the army and navy of the State and of the militia, in-chief of
J the militia.
except when called into the actual service of the Nottomarch
United States; but he shall not march nor con- outJrflhe*
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 oT'the^oun 6 -
judicial officers, coroners, and notaries public ; Sffice?8. poi
and he shall also nominate, and with the advice
Amendment,
and consent of the council, appoint all other 01 ye 1 ?* Mat!
civil and military officers, whose appointment is 17>1865>
not by this Constitution, or shall not by law be Resolve of
Feb. 24, 1875.
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 Tog ivein-
Legislature information of the condition of the
mend ineas-
State, and recommend to their consideration such ures.
measures as he may judge expedient.
SEC. 10. He may require information from
May require
any military officer or 'any officer in the executive
department, upon any subject relating to the
duties of their respective offices.
cer<
176 DOCUMENTS RELATING TO THE
Power of SEC. 11. He shall have power, with the
pa7donand advice and consent of the council, to remit, after
remit penal- . . .
ties,&c. conviction, all forfeitures 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 be deemed proper, sub-
Resolve of J ect ^ sucn re g u ^ a tions as may be provided by
Feb. 24, 1875. 1 {IW) re l a tjve 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,
commutation, or pardon, and the conditions, if any, upon
which the same was granted.
SEC. 12. He shall take care that the laws be
To enforce
the laws. faithfully executed.
SKC. 13. He may, on extraordinary occa-
sions, convene the Legislature ; and in case of
tranrdinary disagreement between the two houses with
occasions .
and adjourn respect to the time of adjournment, adjourn them
it in case of J J
m"?. ree " * sucn t' me as ne shall think proper, not beyond
the day of the next annual meeting; and if, since
meeSn ace f *^ e ' ast &4j ourumen tf the place where the Legis-
ture 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, SEC. 14. Whenever the office of Governor shall
how sup-
plieu. 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 disqualification of the president of
TERRITORIAL 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 by proclamation convene the Senate, that
a president may be chosen to exercise the office of Gover-
nor. And whenever 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
of seven persons, citizens of the United States, coStof
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 affairs of State, according to law.
SEC. 2. The Councillors shall be chosen Counci , how
annually, on the first Wednesday of January, by chosen -
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 _ privilege( i
from arrest in the same manner as senators and from arrest -
representatives.
VOL. II. 13
178 DOCUMENTS RELATING TO THE
journal to SEC. 3. The resolutions and advice of Coun-
tneirpro- f cil, shall be recorded in a register, and signed by
the members agreeing thereto, which may be
called for by either house of the Legislature ; and any
Councillor may enter his dissent to the resolution of the
majority.
Persons dis- SEC. 4. No member of Congress, or of the
e council? Legislature of this State, nor any person holding
any office under the United States (post-officers
excepted), nor any civil officers under this State (justices
of the peace and notaries public excepted), shall be Coun-
Nottobeap- cillors. And no Councillor shall be appointed to
pointed to
any office. an y office during the time for which he shall have
been elected.
ARTICLE V. PART THIRD.
SECRETARY.
secretary SEC. 1. The Secretary of State shall be
en ' chosen annually at the first session of the Legis-
lature, by joint ballot of the senators and representatives in
convention.
g Ea 2 . The records of the State shall be kept
* n ^ ne ^ ce ^ ^ ne Secretary, who may appoint
point depu. hig deputies, for whose conduct he shall be
accountable.
TO attend the SEC. 3. He shall attend the Governor and
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
the records the records of all the official acts and proceedings
of the execu-
iriative d de e - s " of the Governor and Council, Senate, and House
lt8 ' of Representatives, and, when required, lay the
TERRITORIAL 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 eSgiburSJ? 5
joint ballot of the senators and representatives in successively
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, bond8 '
with sureties, to the satisfaction of the Legislature, for the
faithful discharge of his trust.
SEC. 3. The Treasurer shall not, during his
continuance in office, engage in any business 01
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
treasury, but by warrant from the Governor and bed?awnbut
by warrant.
Council, and in consequence of appropriations
made by law ; and a regular statement and ac- ^Sp^and
count of the receipts and expenditures of all public furestobe
published.
money, shall be published at the commencement
of the annual session of the Leislature.
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 RELATING TO THE
compensa- SEC. ^* ^ ne j us tices of the Supreme Judicial
ticesy 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 obliged to give their
To give their
opinion upon important questions of law, and
u P on s l emn occasions, when required by the
theg c o h vern- Governor, Gouncil, Senate, or House of Repre-
ment.
sentatives.
Tenure of SEC. 4. All judicial officers now in office or
offices. w ho may be hereafter appointed shall, from and
after the first day of March in the year eighteen hundred
Amend- and forty, hold their offices for the term of seven
ment.art.
years from the time of their respective appoint-
Mar?H?i839. iiients (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^otaries P UD 1' C shall hold their offices during seven years,
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 justices of the Supreme Judicial
the supreme
cSm-ttohoid Court sna ^ no ^ no office under the United States,
office her nor an Y State, nor any other office under this
State, except that of justice of the peace.
SEC. 7. Judges and registers of probate shall
probate, 80 * be elected by the people of their respective
temir e e d of nd counties, 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 l
next after their occurrence ; and in the meantime, Amend-
ment, art.
the Governor, with the advice and consent of the g^ 80lveof
Council, may fill said vacancies by appointment, Mar - 17 - 18
and the persons so appointed shall hold their offices 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
the same manner as other judicial officers, and
shall hold their offices for the term of four years ; c
provided, however, that the present incumbents Resolve of
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
militia shall be elected by the written votes of tedT'
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 ?n nt eiec
the elections, and making returns to the Gover- tion8 '
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
by the Senate and House of Representatives, gSS
each having a negative on the other. The ted! el
182 DOCUMENTS RELATING TO THE
adjutant general and quartermaster general shall be chosen
annually by joint ballot of the senators and representatives
in convention. But the adjutant general shall perform the
duties of quartermaster general, until otherwise directed by
staff officers, ^ aw ' The major generals and brigadier generals,
eS7 a ' and the commanding officers of regiments and
Amendment,
art. ix. battalions, shall appoint their respective staff
Resolve of
Mar. 17, 1865. o fg cers ; an( j a n military officers shall be com-
missioned by the Governor.
SEC. 4. The militia, as divided into divisions,
tion of the . . IT
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?niii- ecl queers an d shakers, justices of the Supreme
.aryduty. 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 diffusion of the advantages of educa-
ture to re-
quire towns tion bein^ essential to the preservation of the
to support
schoou. rights and liberties of the people ; 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
cone eTand circumstances of the people may authorize, all
proviso! 68 ' 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 oath and
either of the places or offices provided in this tkm. crl
Constitution, and every person elected, appointed, or com-
missioned to any judicial, executive, military, 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-
lowing 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 faithfully 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
subscribed by the Governor and Councillors be- be taken,
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 whenever the Governor
or any Councillor shall not be able 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 office of jus-
^ ce ^ tne Supreme Judicial Court, or of any
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- SEC. 3. All commissions shall be in the name
of the State, signed by the Governor, attested by
the secretary or his deputy, and have the seal of the State
thereto affixed.
Elections on SEC. 4. And in case the elections required
Wednesday by this Constitution on the first Wednesday of
may be ad- January annually, by the two houses of the Leg-
journedfrom
day to day. islature, 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
. Every civil
under this State, may he removed by impeach- officer may
be removed
ment, for misdemeanor in office ; and every per- Sr e J,gJ acl1 "
son holding any office, may be removed by the add
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 Tenureof
not or shall not be otherwise provided for, shall c
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 State, shall
be apportioned and assessed equally, according to
the just value thereof.
SEC. 9. The Legislature shall never, in any R e8 oiveof
, - . Feb. 24, 1875.
manner, suspend or surrender the power of taxa- Taxation.
tion.
SEC. 10. Sheriffs shall be elected by the peo- Sheriffgthow
pie of their respective counties, by a plurality of
Feb>
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 mn"art.ix.
provided in the case of judges and registers of Str 01 ^ ISM.
probate.
186 DOCUMENTS RELATING TO THE
Attorney
SEC. 11. The attorney general shall be chosen
annually by joint ballot of the senators and repre-
elected. . .
vacancy, sentatives in the convention. Vacancy m said
how tilled.
mentart ix ^ CQ i occurring when the Legislature is not in
MarciTn?* session, may be filled by the appointment of the
24,1875. ' Governor with the advice and consent of the
Council.
mayb? s ai wh SE ' 12< But citl ' zens of tai s State absent
vote'for therefrom in the military service of the United
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-
ment"art. x. isters of probate, sheriffs, and all other county
Mar? 24*1864. officers on 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-
cluding from the right of suffrage, for a term not
S&75. 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 directly or indirectly loaned in any case. The
State not to
be loaned. Legislature shall not create any debt or debts,
TERRITORIAL HISTORY OF MAINE. 187
liability or liabilities, on behalf of the State,
which shall singly, or in the aggregate, with pre- l
vious debts and liabilities hereafter incurred at ment.art.vi.
Resolve of
any one time, exceed three hundred thousand Jul y 26 1847 -
dollars, except to suppress insurrection, to repel ]
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 {3^^*^
of interest not exceeding six per cent, a year, wartiebt -
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- Amend .
tions of the State for war purposes during the
rebellion, upon the following basis : Each city,
town, and plantation shall receive from the State ment -
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
pahty. A commission appointed by the Gover- to be ap-
pointed to
nor and Council shall determine the amount to amountdue
which each city, town, and plantation is entitled ; c ies>&c -
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 to tne i r l e a l representatives. The issue of
rioan. ^ e |3 On ^ s 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-
Sg?,oooin- ize the dividing of towns having not less than
ana towns four thousand inhabitants, or having voters resid-
including
beforme ay on ao y i s l an d within the limits thereof, into
voting districts for the election of representatives
ment, to the Legislature, and prescribe the manner in
art. xir.
18*9 w hi ( ' n 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
tfnue until anc ^ no ^ re P u nan t to this Constitution, shall re-
ma i n> an d 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,
amended 6 both houses shall deem it necessary, may pro-
partlid,' IV> P ose 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-
scribed 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 OP 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-
Constitutlon
with shall have been submitted to popular vote, JanVedV*"
the chief justice of the Supreme Judicial Court 3? s.V.c 8
shall arrange the Constitution, as amended, under
appropriate titles, and in proper articles, parts,
and sections, omitting all sections, clauses, and _ shallbe
words not in force, and making no other changes
in the provisions or language thereof, and shall
Constitution
submit the same to the Legislature at its next J
session. And the draft, and arrangement, when aSIi C pnted
approved by the Legislature, shall be enrolled on witi e faws! n
parchment and deposited in the office of the Sec- sha11 be
the supreme
retary of State; and printed copies thereof shall s a tlte lhe
be prefixed to the books containing the laws 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 8 x!' 2f5 '
. . omitted.
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, SeC 5 8ha ii
according to the stipulations of said section, with fo| min
the same effect as if contained in said printed Feb. 24, ISTS.
copies.
190 DOCUMENTS RELATING TO THE
* AMENDMENT 1.
RELATING TO MUNICIPAL INDEBTEDNESS.
Municipal No c *ty or town shall hereafter create any debt
indebted- OY liability, which singly, or in the aggregate
amendment -, i , T i TJ in
of constitu- with previous debts or liabilities, shall exceed
tion relat-
ing to. fi ve p er centum of the last regular valuation of
said city or town ; provided, however, 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
ejections the legislature shall be elected biennally, and
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 by law concerning the
tenure of office of all county officers, and concerning the
annual or biennial reports of the state treasurer and other
Provisions state officers and institutions ; and shall make all
to be made i i i -t
such provisions 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.
TERRITORIAL HISTORY OF MAINE. 191
Section four, article two ; section five, part one,
article four ; section four, part two, article four ; 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
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, sec. 3, parti,
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
"resolutions concerning an amendment of the 2amended -
constitution of Maine," approved the fourth day of March,
* Adopted Sept. 13, 1880. t Adopted Sept. 13, 1880.
192 DOCUMENTS RELATING TO THE
in the year eighteen hundred and seventy-nine, shall be
further amended by striking out the words " first Wednes-
day in January 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 office 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 biennial meeting of the legislature,
and the amendment herein proposed, if 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 first be convened under this constitution,
shall on or before the fifteenth day of August, in the year
of our 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 enumeration, 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.
Resolved, 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, declare 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 TREASURER OF STATE.
The treasurer shall be chosen biennially at the
articled ' first session of the legislature, by joint ballot of
amended.
the senators and representatives in convention,
but shall not be eligible more than six years successively.
f AMENDMENT 7.
APPOINTMENT OF ADJUTANT GENERAL.
The major generals shall be elected by the
arficfieT?' Senate and House of Representatives, each having
a negative on the other. 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 staff 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.
* Resolution adopted by legislature, April 3, 1891. Adopted Sept.
12, 1892.
t Adopted Sept. 14, 1896.
196 DOCUMENTS RELATING TO THE
* AMENDMENT 10.
AUDITOR.
There shall be 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 compensation shall be 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, would 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 admission of Maine, an act in
addition to the Act of Separation 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., 60, 61.
The text adopted is that of " Laws of the Commonwealth."
* Adopted Sept. 12, 1898.
TERRITORIAL, HISTORY OF MAINE. 197
Text.
SEC. 1. BE it enacted by the Senate and House of Rep-
resentatives , in General Court assembled, and by the author-
ity of the same, That the consent of the Legislature of this
Commonwealth 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, however, 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
effect.
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 during the present session thereof, but not other-
wise ; and when assembled as aforesaid, and having 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 Congress as
aforesaid, 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 people 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
CXXVIII.
ACT FOR THE ADMISSION OF THE STATE OF MAINE
INTO THE UNION, BY THE SIXTEENTH CON-
GRESS OF THE UNITED STATES.
MARCH 3, 1820.
Sources.
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 Maine, 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 RELATING TO THE
did establish a constitution for the government of the same,
agreebly 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 declared to be one of the United States of
America, and admitted into the Union on an equal 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), XXXVII., 43, 44.
Text.
Description of Device, &c. of the SEAL and ARMS
of the State of Maine.
A SHIELD, argent, charged with a PINE TREE ; a MOOSE
DEER, at the foot of it, recumbent. Supporters ; on dexter
TERRITORIAL HISTORY OF MAINE. 201
side, an HUSBANDMAN, resting on a 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.
Thr 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 large, 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, quinis ex uno folliculo setis)
leaves five together, cones cylindrical, imbricated, smooth,
longer 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 RELATING 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, composing 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 affections
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,
REPORT, 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 RELATING 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), 168-171; and again, with other Indian
treaties, by order of the Council in " Acts and Resolves
passed by the Twenty-third Legislature of the State of
Maine" (Augusta, 1843), 258-261; it is also printed by
Joseph W. Porter, editor, <fc Bangor Historical Magazine"
(Bangor, 1886-87), 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, representing 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. Robbins, 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 Common-
wealth of Massachusetts, shall have made and fulfilled the
stipulations on her part to be done and performed, under
and by virtue of the fifth 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 respect, to all intents and pur-
poses whatever, in the stead and place of the Common-
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 made.
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
hi*
John X Neptune, Lt. Governor. (Seal.)
mark
his
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
his
Suasin X Neptune Capt. (Seal.)
mark
his
Awaroos X Mitchel Capt. (Seal.)
mark
his
John X Oroon Capt. (Seal.)
mark
bis
Joseph Marie X Neptune, Esq. (Seal.)
mark
his
Joseph X Lion. (Seal.)
mark
his
Glocian X Awaroos. (Seal.)
mark
208 DOCUMENTS RELATING TO THE
his
Capt. Nicholas X Tomah. (Seal.)
mark
his
Sabattis X Tomah. (Seal.
mark
SIGNED, SEALED AND DELIVERED
IN PRESENCE or us :
Wm. D. Williamson,
William 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 the 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, in 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 lands 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 ot 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 officers,
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.
Sources.
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,
"Bangor Historical Magazine" (Bangor, 1887-88), III.,
207-209.
The several reports as presented from year to year are
included in this compilation to facilitate 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 several ty, 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 Rose, 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 hundred 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
thirteenth 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.
fifty acres has been granted or conveyed, and there remains
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
belonging 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
severally, the land in the town of Surry, containing seven
thousand eight hundred and forty acres ; the land in the
town of Lubec, 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 thirty-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 hundred 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 severally the
southerly half part of said half township number twenty-
three west of Machias, 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 riorth 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 River, 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 township
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
TERRITORIAL HISTORY OF MAINE. 227
number one, the south side of Androscoggin River ; each
of said reserved lots containing three hundred and twenty
acres ; 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, Brown ville, 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 Strong, Solon, New- Vine-
yard, Cornville, St. Allans, 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
DOCUMENTS RELATING TO THE
Proprietors of the Kennebec purchase, north of Moosehead
lake, 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 Buckfield, 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 Win. 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
Bingham, 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,
off 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, off 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 Isle 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 acre ; 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 Matin icus, 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, off 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 FOB
SUPPORT OF THE INDIANS, BY COMMISSIONERS
UNDER THE ACT OF SEPARATION.
DECEMBER 28, 1S22.
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 RELATING 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, Water ville, 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 oifered 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 1 .
All of which is respectfully submitted by
DANIEL ROSE,
BENJAMIN GREENE
>
, \
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."
1 This Report was amended in the Senate by striking out the word* "twenty,
ttven " and inserting " thirty," and accepted, as amended, by both Houses of the
Legislature.
240 DOCUMENTS RELATING TO THE
The report was printed with " Resolves of the Fourth
Legislature of the State of Maine" (Portland, 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 severally,
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
severally, the following tracts and parcels of land 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 office ; 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 NeaPs 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 twenty
three thousand and forty acres ; number three in the fifth
range, containing twenty-three thousand and forty 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 land in the towns of Penobscot and Castine, 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 May 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. JL3th, 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 Narraguagus 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 Greenleafs map of the State
of Maine, to wit: townships number five in the first range,
containing thirty one thousand seven hundred and eighty
acres ; number 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 particular 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,
lying 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 NeaPs 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
Bucksport ; 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, ninety 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 land 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 separation 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 ot
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 severally . And it is
expressly agreed that the lands so divided and allotted, as
248 DOCUMENTS RELATING TO THE
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 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 HOLM AN, (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 been 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, Reuel 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. containing 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, surveyed the current year by Joseph C.
Norris and Andrew McMillan, 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
fifth 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 southwardly 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 RELATING 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 range 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 numbered 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 RELATING 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.
CXXXVIII.
FURTHER DIVISION OF THE PUBLIC LANDS,
BY COMMISSIONERS UNDER THE ACT OF
SEPARATION.
DECEMBER 28, 1826.
Sources.
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,
Dine, eleven, thirteen, and fifteen, each containing twenty-
three thousand and forfy 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 numbered eight to be a 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 place 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 numbered 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 line 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
TERRITORIAL 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
assigned 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 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 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.
Sources.
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 fifth 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/' Appendix I., 32-34; "American Anr.vl
Register" (New York, 1828), Appendix, 16, >;
"British and Foreign State Papers" (London, 182&r
XIV., 1,004-1,008; "House Executive Documents," 19
Cong. 2 sess., No. 53, 6-8; "American State Papers,
Foreign Relations " (Washington, 1859), VI., 1,000-1,003 ;
"Statutes at Large of the United States of America"
(Boston, 1846), VIII., 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" (London, 1838), 71-79.
The text adopted is that of the " Statutes at Large."
Text.
WHEREAS it is provided by the fifth article of the Treaty
of Ghent, that, in case the Commissioners appointed under
TERRITORIAL 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
Envoy 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 best 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 improbable 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 tit.
The said statements, when prepared, shall be mutually
communicated to each other by the contracting Parties, that
is to say : by the United States to His Britannick Majesty's
Minister or Charge d' Affaires 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
uuthentick 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 RELATING TO THE
acknowledged by the contracting 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 transcript, 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 case the said Arbiter should desire further elucida-
tion or evidence in regard to any specifick 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 effect, 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.
264 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.
FURTHER DIVISION OF THE PUBLIC LANDS
BY COMMISSIONERS UNDER THE ACT OF
SEPARATION.
NOVEMBER 7, 1827.
/Sources.
The work of surveying lands held by Maine 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 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 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 eighth 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 townships 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
townships 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 Moosehead 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 of 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 East 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 plan, 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 A 2, 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 Pfnobscot 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 range of townships west of said lake 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 Moosehead 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
CXLL
RESOLVE IN RELATION TO AGGRESSIONS UPON THE
NORTHEASTERN FRONTIER, BY THE EIGHTH
LEGISLATURE OF THE STATE OF MAINE.
FEBRUARY 18, 1828.
Sources.
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 proclamation 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 tines 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 officers 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, That the Governor be, and he hereby is,
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
common 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 Hampshire ; from Fryeburg for
instance the strip colloquially known as "Fag End" was
set off to Con way.
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 representatives 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,
1829), 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 by 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 nine 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 RELATING TO THE
the ground, marked N on the west side and M on the east
side, which description applies to all the stone monuments
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 Wakefield 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
CampernelPs 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 be nine degrees fifteen minutes west ; thence same
course five hundred and eleven rods crossing 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 r6ds 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 leading
from Brownfield to Con way 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 eight-
een rods across said river ; thence same course six hundred
forty four rods to a stone monument on the road leading 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 DOCUMENTS RELATING TO THE
rods to KimbalPs 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 than 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 RELATING TO THE
two rods to another branch of the same river ; thence 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 Androscoggin 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 M'INTYRE. 5 Maine.
ICHABOD BARTLETT, ^ Commissioners of
JOHN W. WEEKS. 5 New 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 of 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
Nogociations 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 of God, King of the Netherlands,
Prince of Orange, Nassau, Grand Duke of Luxembourg,
&c. &c. &c.
Having accepted the functions of Arbitrator, conferred
upon us by the vote of the Charge d' Affaires 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 respectively 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 fulfilling, 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 abovementioned 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 Declaration 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 Northwesternmost 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 :
Considering, 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 th'e Quebec Act or 1774, to indicate
the Southern boundaries of the Government of Quebec,
from Lake Champlain, " In forty five degrees of North
282 DOCUMENTS RELATING TO THE
Latitude, along the highlands which divide the rivers that
empty themselves 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 1763, 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 ; l
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, differ-
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
1 Other translations 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 Treaty 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 :
N
284 DOCUMENTS RELATING 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 simply 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
right ; 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 Northwesternmost 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-
westernmost 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, it 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 communica-
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 Atlantic 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 Northwesternmost 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 RELATING TO THE
empty themselves into the river St. Lawrence, to wit : the
rivers Beaver, Metis, Rimousky, Trois, Pistoles, Green,
Du Loup, Kamouraska, Ouelle, Bras St. Nicholas, Du Sud,
La Famine and Chaudiere :
That even setting aside the rivers Restigouche 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 :
Considering, 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 Northvvesternmost head of
Connecticut River ; and that the nature of the difference,
and the vague and not sufficiently determinate stipulations
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 wouiading 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 l 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 Foreign 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, at 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 Affairs,
(Signed) VERSTOLK DE SOELEN.
CXLIV.
ACT TO MODIFY THE ACT OF SEPARATION BY
THE ELEVENTH LEGISLATURE OF THE
STATE OF MAINE.
FEBRUARY 19, 1831.
Sources.
Under Article VII. 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 February 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 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 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
such 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 DOCUMENTS RELATING TO THE
the commonwealth of Massachusetts for ratification, and
was approved June 20, 1831, on conditions named in the
final 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 reprinted from " Laws of the Commonwealth
of Massachusetts " (Boston, 1833), XII., 90-92.
Text.
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 by 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 they are so far
modified and annulled, that the trustees of 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 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 such town,
or in some individual. And this act shall take effect 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,
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 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 RELATING 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 terms of the boundary 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 first printed 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.
Text.
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 its
consent.
TERRITORIAL HISTORY OF MAINE. fc 295
Resolved, "That if there is an 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 RELATING TO THE
Member of the Senate, and to our Representatives in
Congress.
Resolved, That our Senators in Congress be instructed,
and our Representatives requested, to use their best efforts
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 Holland.
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, especially 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.
Resolved, 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 Commonwealth, and that he also deliver a copy
to each member of the Council and Legislature of the
Commonwealth.
CXLVIII.
RESOLVE RESPECTING 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 appointed 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. fc 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 RELATING TO THE
that said Agents be authorized and empowered, 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 townships, any part 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 off 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. And said Agents 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 ROSE.
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 DOCUMENTS RELATING TO THE
the tribe in lieu of townships purchased from them by the
commissioners.
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 printed with "Acts and Resolves of
the Twenty-third Legislature of the State of Maine "
(Augusta, 1843), 262, 263, which 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 lands 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 purchasing 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 attorney, 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
(L. S.)
(L. S.)
We hereby certify that the above obligation is a true
copy of the one we gave to the Indians.
A. M. EGBERTS, >
THOMAS BARTLETT, \
Bangor, January, 1834.
CL.
ACT TO ESTABLISH THE MASSACHUSETTS
SCHOOL FUND, BY THE GENERAL COURT
OF MASSACHUSETTS.
MARCH 31, 1834.
< Sources.
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 RELATING 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 by the Senate and House of
Representatives, in General Court assembled, and by 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 government 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 appoint : provided,
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 MA INK. 307
CLI.
RESOLVE RELATING TO THE NORTHEASTERN BOUND-
ARY, BY A COMMITTEE APPOINTED BY THE
LEGISLATURE OF THE STATE OF MAINE.
MARCH 30, 1841.
Sources.
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
only 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 first 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 force and extent ; that it
approves their spirit, 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 officers 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
CLII.
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 map 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 1769 to 1786 ; this manuscript volume
was used by Mr. Preble 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. fr 311
Session, 1842" (Augusta, 1842), 110, 111, also with
"House Executive Documents," 27 Conor. 3 S ess., No. 2,
67, 68. The text adopted for this reprint is that of the
" Resolves."
Text.
Whereas, 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 desig-
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 prop-
erty, sovereignty and jurisdiction ; and the executive and
Congress 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 RELATING 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 :
Now, 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 by 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 in " House Executive Documents," 27
Cong., 3 sess., No. 2, pp. 25-30; Frederic Murhard, editor,
"Nouveau Recueil General de Traites, ..." (Gottingue,
1843), III., 456-464; "Statutes at Large of the United
States of America" (Boston, 1846), VIII., 572-577;
"British and Foreign 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 Kingdom 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 full powers, have agreed to and signed the
following articles :
ARTICLE I.
It is hereby agreed and declared that the line of boundary
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 Pohenaga-
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 hio-h-
3
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-filth
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 be 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 party.
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, shall 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 of 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 require 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
dividing line along said river, and along the rive'r 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 affixed 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 five 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 "Report 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, the whole line of boundary marked by
the undersigned has been divided, in the mention made of
the different portions, into the following 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 Lake
Pohenagamook.
Southwest line, from the outlet of Lake Pohenagamook
to the northwest branch of the St. John.
South line, from the northwest branch to the parallel of
latitude 46 degrees 25 minutes on the southwest branch.
Southwest branch, from the parallel 46 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 the narrative of explorations :
The exploring line of Colonel Bouchette and Mr. Johnson,
as directed by 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. Pine island Great Britain
No. 11. Baker's 1
Turtle
Dagle's S> islands Great Britain
Fourth
Fifth J
No. 12. Kennedy's island Great Britain
No. 13. Crock's ~]
Cranberry S* islands . . . . Great Britain
Gooseberry J
No. 14. Savage's island United States
No. 15. Wheelock's island United States
No. 16. Caton's island United States
No. 17. Honeywell's island .... United States
No. 18. Savage and Johnson's island . . United States
No. 19. Grew's island . . . . . . United States
No. 20. Kendall's island 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 but 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 upon 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 third large lake from the
mouth of the river. At the outlet, a large monument has
been 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,
o
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 been
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 straightness 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-
ument erected on the left bank of the southwest branch,
where it is intersected by 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.
DOCUMENTS RELATING TO THE
From the intersection of the parallel 46 degrees 25 min-
utes, the boundary ascends the southwest branch, passes
through 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 as the source of the southwest
branch.
On the southwest branch there are two principal 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 southwest 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.
Upon the crest of the dividing ridge, very close to the
source of the southwest branch, a monument has been
erected. It is the first point in 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 a large monument erected on a small eminepce
on the east side of the Kennebec road. Thence it passes
through a dwelling-house, 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 southwest, it runs over Hog's
Back the first, as shown in the map ; thence towards Hog's
back the second, which it leaves on the north side. Fur-
ther on, at the head of Leech lake, there is a stream which
divides its waters and flows 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
ridge. 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 of the Magallo-
^
way ; inclines them to the north, to the west, over very
rocky, mountainous, and difficult country, leaving Gipp's
Pt'jik 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 differences 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 FOR THE SETTLEMENT OF BOUNDARIES BE-
TWEEN THE PROVINCES OF CANADA AND
NEW BRUNSWICK, BY THE PARLIAMENT
OF GREAT BRITAIN.
Sources.
After the commissioners of boundary under the treaty of
Washington had made a report to their respective govern-
ments an act for the settlement of boundaries between the
provinces of Canada and New Brunswick was passed by the
parliament of Great Britain August 7, 1851, and received
her Majesty's assent; February 18, 1852, the general
assembly of the province of New Brunswick passed an act
" to annex the territory awarded by arbitrators and to alter
boundary lines."
The act for the settlement of boundaries is found in "The
Statutes of the United Kingdom of Great Britain and Ire-
land" (London, 1851), XCL, 304, 305; and as an " in-
closure " with despatch from Earl Gray to Govern-General,
the Earl of Elgin and Kincardine, in "Journals of the Leg-
islative Assembly of the Province of Canada" (1852-53),
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 New
Brunswick in North America; and pending such Disputes
certain Funds have arisen from the disputed Territory, 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 anJ the
Lieutenant Governor of New Brunswick, 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 New Brunswick named
Travers Tiviss Doctor of Laws to be another of the said
Arbitrators, and the said Thomas Falconer and Travers
Twiss 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 New Brunswick shall be bounded on the West by
the Boundary of the United States, as traced by the Com-
missioners of Boundary under the Treaty of Washington
dated August, 1842, from the Source of the Saint Croix to
a Point near the Outlet of Lake Pech-la-wee-ka-co-nies or
Lake Beau, 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
Mile due South from the southernmost Point of Long Lake ;
thence by a straight Line drawn to the Southernmost Point
of the Fiefs Madawaska 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 Height of Land dividing the Waters flowing
into the River RimousJci from those tributary to the Saint
John, thence along this tangent Line Eastward until it meets
another meridional Line tangent to the Height of Land
dividing Waters flowing into the River Rimouskifrom those
flowing into the Restigouche River ; thence along this me-
ridional Line to the 48th Parallel of Latitude ; thence along
that Parallel to the Mistouche River ; and thence down the
Centre of the stream of that River to the Restigouche; thence
down the Centre of the Stream of the Restigouche to its
mouth in the Bay of Chaleurs; and thence through the
middle of that Bay to the Gulf of the Saint Lawrence; the
Islands in the said Rivers Mistouche and Restigouche to the
mouth of the latter River at Dalhousie being given to New
Brunswick:" 'And whereas 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, by 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. New 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 New
Brunswick and the said Province of Canada, according to
the Intent of the said Award.
II. The net Proceeds of the Funds in the Hands of the
local Governments of the said Provinces of Canada and
New Brunswick respectively arising from the Territory
heretofore in dispute between such Provinces shall be applied
according to the Terms hereiu-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, in accordance with the
act, an advertisement for the sale of public lands had been
inserted by the land age"nt 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 reprinted from " Acts and Resolves
passed by the General Court of Massachusetts, in the year
1853 " (Boston, 1853), 618, 619.
Text.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
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 the state of Maine, and belonging to this com-
monwealth : provided, however, 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 independent 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 offer 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 person 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 offer to the state of
Maine, for such time and on such terms as they shall deem
reasonable, the right to become the purchaser thereof.
SECT. 5. After the first day of February of the year one
thousand eight hundred and fifty-four, it shall be kiwful 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.
RESOLVE 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.
^Sources.
The definite action taken by the General Court of Massa-
chusetts during the session of 1853 made it necessary for
Maine to takea decisive and final step to retain the land
that really belonged to her by territorial right. Massachu-
setts was no more desirous to dispose of the public land
than Maine was to secure it. Although in 1832, in re-
sponse to a report presented 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 purchase 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 between E. M. Wright, Jacob H. Loud, David
Wilder, junior, commissioners, and Samuel Warner, junior,
land agent of the Commonwealth of Massachusetts, in
behalf of said commonwealth, and Reuel 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 commonwealth or his successor in office,
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 favor 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 contract of said commission-
ers mentioned in the first resolve, which said deed shall first
be examined and approved by 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
GREAT 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 relation to fisheries, but
rights of commerce, especially of lumbermen on the river
St. John, were also regulated. In practice, however, it
was found that the " Reciprocity Treaty" was detrimental
to the agricultural interests of Maine. In 1862 and the
following years the legislature passed resolutions in favor
of a new arrangement " which shall be more just and equal,
and properly guard and protect the great interests of this
State which are injuriously affected by the present treaty."
The Reciprocity treaty, however, continued in force until
March 17, 1866, when it was terminated in accordance with
provisions in Article V.
The treaty is in " Statutes at Large of the United States
of America " (Boston, 1855, X., 1089-1092 ; and John H.
Haswell, compiler, "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 are reprinted
from " Statutes at Large."
Text.
ARTICLE 1. It is agreed by the high contracting 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 affection 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 common liberty of fishing, under this and the next
succeeding article, and such declaration shall be 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
by lot which of the two persons so named shall be the arbi-
trator and umpire in cases of difference 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 subscribe 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, absence, 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, arbitra-
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
of 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
by the said articles from the common right of fishing therein.
The decision of the commissioners and of the arbitrator
or umpire shall be given in writing in such case and shall
be signed by them respectively.
The high contracting parties hereby solemnly 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 permission 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 understood 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. . . >;u
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.
ARTICLE 5
The present 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 colonies which are affected by this treaty on the one
hand, and by the Congress of the United States on the
other. 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 parties
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 temporarily
suspending 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, 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 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 tires
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 ; but simply to mark
anew, and where the original monuments were effaced and
destroyed, to connect by 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
line 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 line, however irregular,
became the boundary between 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 re-marked, and the old
marks and monuments, as well as those made and estab-
lished by us The point 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 province of
Canada, at the corners of the States of Maine and New
Hampshire. On the south face of said post are the words,
"Albert Smith, U. S. Comssr ; " on the north face, " Lt.
Col. I. B. B. Eastcourt, H. 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 placed 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 Magulloway, 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., III." 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
Brook ; thence four hundred and sixty rods to the north-
west corner of township No. 5, range 2, in Maine. On this
distance we found an ancient yellow birch tree, marked
1789_35 m . ; " 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., H. O. K. ;" thence, and
across an open bog four hundred and forty-four rods to the
north bank 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 bog, two hundred and ninety rods to
the same river, and to a large elm stubb ; 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
Magalloway River ; thence ten rods across said river to a
stone monument on its southerly side, standing about three
feet above 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, Esq. The course of the line
the entire distance from the 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
degrees 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
road, 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 bank of Wild River : thence south, sixty-
six degrees, thirty minutes west, thirty-four rods on an off-
set of the old survey along said south bank 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 placed a stone monument ; then through a
field, striking an old stump and pile of stones, shown as the
old line, and passing 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 and thirty rods, to a
stone monument standing in the meadow, sixty rods north
of the north shore of KimbalPs 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 advisable, 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
4'oad 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 " M. 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 compass, 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 specially,
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 been 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 enable one to follow the line by a
continual observance of the spots.
It is believed that the line above described is now suffic-
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 New Hampshire.
Dated the 21st day of >
December, A. D. 1858. 5
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
importance of frontier defences. Not only was a garrison
needed at Fort Kent, but a military road was demanded.
Different 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 two-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
European and North American Railway scheme.
The text adopted is that of " Acts and Resolves of the
Forty-third Legislature of the State of Maine" (Augusta,
1864), Ch. 401, pp., 387-390.
Text.
Be it enacted by the Senate and House of Representatives
in Legislature assembled, as follows :
SECT. 1. Whereas, the legislature of Maine by resolves
unanimously adopted and approved by the Governor on the
thirty-first 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 expects and earnestly demands, that measures be
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 European and North
American Railway Company, upon the terms and conditions
hereinafter expressed, and the timber on these ten town-
ships shall be advertised 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 by 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 townships ;
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 claims for interest on moneys heretofore received from
the United States for 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
the 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 northerly 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 pro 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 into 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 branch 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,
upon 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
FIFTIETH LEGISLATURE OF THE STATE
OF MAINE.
FEBRUARY 24, 1871.
Sources.
The attention of the Legislature of the State of Maine
had been repeatedly 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 or
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 Legislature of the State of Maine" (Augusta,
1871), 157, 158.
Text.
Be it enacted by the Senate and House of Representatives
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 calculated 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
charge of the printing and of the distribution throughout
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 passage, and with suitable
information to the Swedish colony of our state ; and the
compensation of said agent shall not exceed the sum of five
hundred dollars.
SECT. 6. The second agent provided 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 in 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
a( one dollar a day on the roads, public building, and other
public works, five 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 valid 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 hereby 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
arranged for a court of arbitration to settle the Alabama
claims, but it also made provision for fisheries, navigation
and commerce. Because strong protests had been presented
by the citizens of Maine against the unequal working of the
Reciprocity 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. Although articles
XVIIL, XXV., L 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 Large of the United States
of America" (Boston, 1871), XVII., 863-877; and John
H. Haswell, compiler, " Treaties and Conventions Con-
cluded Between the United States of America and Other
Powers Since July 4, 1776" (Washington, 1889), 478-
493. Among other sources it is in Charles Samwer and
Jules Hopf, editors, " Nouveau Recueil Ge'ne'ral de Traite'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 language used by the
tribunal, at Geneva, "La Traite de Washington, sa Nego-
ciation, sa Mise & Execution, et les Discussions auxquelles il
a donnfe 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 fish 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 the 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 land 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, they do not
interfere with the rights of private property, or with British
fishermen, in the peaceable 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.
ARTICLE 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 above-mentioned liberty applies
solely to the sea fishery, and that salmon and shad fisheries,
TERRITORIAL HISTORY OF MAINE. 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, respectively 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 THE
Britannic Majesty, and this assertion is not admitted by the
government of the United States, it is further agreed that
the commissioners 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 paid 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 been so named within a period of three
months from the date when this 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 ceasing to act, the vacancy shall be
filled 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. 363
convenient period after they have been respectively named,
and shall, before proceeding to any business, make and
subscribe a solemn declaration that they will impartially
and carefully examine and decide the matters referred to
them to the best of their judgment, 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
commissioners 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 DOCUMENTS RELATING TO THE
the circumstances contemplated in Article XXIII. of this
treaty.
ARTICLE XXV.
The commissioners shall keep an accurate 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 pay 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 ports 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
TERRITORIAL HISTORY OF MAINE. 365
Britannic Majesty's possessions in 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
regulations, and conditions for the protection of the revenue
as the governments of the 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 Brunswick, 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 flouted 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 RELATING TO THE
by the parliament of Canada, and by the legislature of
Prince Edward's Island on the one hand, and by the Con-
gress 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 from the date at which they may come
into operation ; and further until the expiration of two
years after either of the high contracting parties shall have
given 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 period of ten
years or at any time afterward.
ARTICLE XLIII.
The present treaty shall be duly ratified by the President
of the United States of America, by and with the advice
and consent of the Senate thereof, 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 FISH.
[ 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 H. 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.
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, 153,
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.
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.
FISHERY RIGHTS, 337, 339, 359,
360, 361.
Fishing, Convention for the right
of, 132.
Fund, Disputed Territory, 819.
o
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,
355.
370
TERRITORIAL HISTORY OF MAINE.
Islandi, belonging to Great Brit-
ain, 323, 324; belonging to the
United States, 323, 325.
LAND OFFICE ESTABLISHED, 82.
Lands, Public, Division of the,
215, 234, 239, 248, 254,264, 298.
Lottery Act, the, 82.
M
MADAWASKA WAB, 307, 310.
Map, Mitchell's, 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.
QUEBEC ACT, 62, 63, 73, 281, 282.
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.
TEN PROPRIETORS, the, 11.
Thalweg, defined, 289.
Treaties, Aix-la-Chapelle, 50, 51;
Amity, 111, 112, 114, 281; Ba-
den (1714), 52; between Great
Britain and the 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, 330, 342, 349, 358, 359;
Reciprocity, 336; St. Germain,
28; Webster- Ashburton, 313;
Westphalia, 52; with Passa-
maquoddy Indians, 98, 127;
with Penobscot Indians, 80,
127, 204.
W
WALDO PATENT, 11, 218, 219, 220,
225, 226, 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, 116, 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.
Bridge water, John, Earl of, 16, 24.
Brooks, John, 86, 127, 136, 150,
151, 152, 153.
Brunswick, Duke of, 74.
Bryant, Walter, 47, 273.
Capt. , 347.
Bulfinch, Charles, 237.
BAKER, JOHN, 271, 272.
, 324.
Ballard, Ephraim, 240, 241, 243,
244.
Barclay, Anthony, 125.
Thomas, 112, 113, 123, 124, 125,
126.
Bartlett, Ichahod, 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.
CADILLAC, SIEUB 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
DAGLE, , 324.
Dane, Nathan, 36, 129.
Daveis, Charles S., 307, 310.
Davis, Daniel, 127, 129, 131, 205,
Silvanus, 15.
Deane, John G., 310.
De Gregoire, Bartholmy, 89, 90.
91.
Maria Theresa, 89, 90, 91.
Degrey, , 366.
De Mont's [ Sieur de ], 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, JEREMIAH, 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, 366.
Fletcher, 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.
Gilman, , 276.
Goodell, Abner Cheney, 4, 37.
Gordon, A. P., 341.
Gorges, Sir Ferdinando, 6.
Goulburn, Henry, 115, 123, 135
Gouveneur, Abram, 14.
Grant, Charles, 259, 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.
H
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.
Herri ck, 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.
Lolor,' \ Francis > 131 132 > 2 07, 208.
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
MAODONALD, JOHN A., 366.
William, 56, 60, 103, 104.
Mclntyre, Rufus, 278.
McKechnie, Thomas, 241, 245, 265,
McMillan, Andrew, 250, 251, 252,
265.
Madokawando, ) ..- 12 -. -.
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, 37, 65, 82.
Mason, David, 14.
Maynard, Jonathan, 221.
Meadows, Sir Philip, 16.
Methwen, John, 16.
Michaud, Joseph, 323.
Mills, David, 56, 60.
Mitchell, Awaroos, 207, 208.
Etien, 131, 132, 207, 208.
John, 50, 261, 262, 282, 283.
Piel, 208.
Moore, John Bassett, 111, 124, 279.
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.
Netherlands, the King of, see
William II.
Nicholas, John, 131, 132.
Niles, H., 114, 132, 151, 154.
Norris, Joseph, 249, 252, 255, 265,
266.
Joseph C., 250, 251, 252, 255, 265.
Northcote, Stafford H., 366.
O
O'CALLAGHAN, EDMUND B., 15,
20, 25.
Oroon, John, 207, 208.
P
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,
154, 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.
K
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,
135.
Rose, Daniel, 216, 217, 218, 219,
220, 233, 235, 236, 239, 240,
248, 249, 254, 257, 264, 269,
299, 303.
Rush, Richard, 133, 135.
Russell, Jonathan, 115, 123.
Ryan, , 323.
SAM WEB, 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.
TACHBBEAU, , 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., 334.
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, 257, 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, 354.
River, 302, 352.
Ash Island, 230.
Atkinson, Me., 227.
Augusta, 237, 238, 239, 299.
Capitol 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.
Bath 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, 238.
Berkshire County, 68.
Bethel, 276, 346.
Bickford, Mountain, 275.
Bingham's Lottery Land, 217.
Purchase, 94, 218, 226, 228, 229,
240, 242, 244, 245, 250, 265, 266,
268, 301.
Birch Island, 231.
Birch Point Island, 232.
Black Island, 81, 229, 231, 232.
Blakesburg, 225.
Bluehill, 230, 246.
Academy, 224.
Bay, 230.
Boston, 21, 22, 24, 87, 144, 153,
298, 334, 335, 364.
Bowdoin College, 141.
Bras St. Nicholas River, 288.
Brewer, 129, 207.
Brimstone Island, 229.
Bristol County, 68.
British Channel, 116.
Brownfield, 243, 275.
Brownville, 227, 355.
Brunswick, 238.
Buckfield, 228.
Bucksport, 246.
Burnt Island, 231, 232.
CALAIS, 227.
Cambridge, 113.
River, 276, 345.
Camp Island, 230.
Canada, 1, 2, 35, 56, 57, 59, 63, 111,
285, 286, 317, 326, 328, 329, 331,
337, 340, 342, 361, 365, 366.
Cappawock, 6.
Cape Bonavista, 35.
Breton, 50, 53, 57, 58, 62.
Cod, 6, 7.
Mallabar, 6.
of Good Hope, 116.
Ray, 133.
Rosieres, 61.
Carmel, 227.
Carrying Place Bay, 230.
Castine, 242.
Caton's Island, 324.
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.
r>
DAGLE'S ISLAND, 324.
Dalhousie, 330.
Dartmouth College, 344.
Day's Academy, 268.
Dead River, 327.
Deer Island, 230, 232, 268.
Delaware, 75.
Denney's River, 84.
Denneysville, 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, 2.27.
England, 4, 14, 15, 1C, 17, 18, 25,
28, 32, 36, 37, 41, 46, 50, 52, 55,
59, 65.
Errol, 276, 345.
Essex County, 68.
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.
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.
Gouldsborough, 231.
Gourd Island, 244.
Grafton, 345.
Grand Bank of Newfoundland, 76.
Grand Isle, 323.
Grand Menan, 117.
Grand Trunk Rail Road, 345.
378
TERRITORIAL HISTORY OF MAINE.
Great Britain, 37,42, 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 Green 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, 324.
Gulf of Mexico, 116.
of St. Lawrence, 9, 58, 61, 76,
HAGUE THE, 52, 279, 290.
Halifax, 106, 132, 362.
Hallowell, 238.
Hall's Stream, 317, 322.
Hampden, 243.
Academy, 251.
Hampshire 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, 259, 315, 328.
Irish Channel, 116.
Iron-bound Island, 246.
Island of Cape 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
KAMOURASKA RIVER, 288.
Katahdin 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.
Champlain, 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.
Lincoln, 351, 354, 366, 367.
County, 68, 83, 94.
Little Deer Island, 231, 232.
Little Diamond River, 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 ( River, 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.
Mediterranean Sea, 116.
Meduxnekeag River, 323.
Merrimac River, 6, 49.
Metis River, 288.
Metjarmettee River, 287.
Michaud's Islands, 323.
Middlesex Canal, 266, 267.
County, 68.
Miquelon Island, 55, 58.
Mispecky Reach, 231.
Mississippi River, 46.
Missouri, 199.
Mistouche River, 330.
Monhegan, 229, 231.
Monomack River, 6.
Moosehead Lake, 228, 265, 266,
267, 268, 269, 300.
Moose Island, 125, 126, 230, 268.
Mount Abbott, 343.
Carmel, 277, 343.
Desert, 1, 89, 90, 230, 231.
Bay, 230.
Joli, 134.
Kenio, 268.
Royce, 276, 346.
N
NANTUOKET, 6, 68.
Narragansett Country, 6.
Narraguagus Bay, 244.
Naskeeg Point, 81.
Nemcass Point, 100.
Netherlands, the, 279, 280, 294,
295, 297, 310.
Neutral Island, 111.
New Brunswick, 111, 118, 120, 255,
270, 271, 282, 284, 285, 286, 317,
318, 319, 328, 329, 330, 331, 337,
340, 361, 359, 365.
Newburgh, 243.
Newbury Neck, 230.
New Charlestown, 227.
New England, 3, 4, 5, 6, 10, 12, 20,
23, 38, 47.
Newfield, 274.
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.
Newichwannock ) .
Newickannock f Rlver ' 6 > 48 > 273 -
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.
Neman's Land, 233.
North Carolina, 75.
North Fryburgh, 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.
O
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, 126.
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.
QUEBEC, 59, 61, 62, 63, 65, 73, 281,
282, 283, 286, 359.
Quirpon Islands, 134.
Quissibis Isle, 323.
B
RAGGED ISLAND, 231.
Ramea Islands, 133.
Raymond, 246.
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, 76, 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.
Ouelle, 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, 327.
Saddleback Island, 230.
Sagadahoc, 6, 28.
River, 6, 9.
St. Albans, 227.
St. Andrews, 118, 120.
Island, 112.
St. Croix River, 76, 102, 105, 106,
108, 109, 110, 111, 112, 119, 120,
250, 255, 265, 281, 283, 284, 285,
286, 288, 289, 316, 320, 322, 323,
330.
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, 83.
Schuduc River and Ponds, 84.
Schoodiac Lakes, 286, 287, 288.
Scotland, 4, 14, 16, 25
Seal Island, 233.
Second Grant in N. H., 344.
Sedgwick, 246.
Septieme Isle, 323, 324.
Sevey's Island, 231.
Shapleigh, 273, 274.
Sheepscot River, 14.
Shelburn, 92, 93, 345, 346.
Ship Island, 230.
Silver Stream, 345.
Small Island, 230.
Solon, 227.
Somerset County, 226, 227, 229.
South Carolina, 75.
Soward's Island, 231.
Spain, 52, 56.
Spider River, 327.
Spoon Island, 232.
Standish, 246.
Steuben, 231.
Stowe, 347.
Straits of Bellisle, 134.
Strong, 227.
Success, 345.
Pond, 345.
Suffolk County, 68.
Sugar Island, 266, 268.
Sullivan, 95.
Sumner, 227.
Sunday Mountain, 277.
Sunkhaze River, 81.
Surrey, 223, 224, 242.
Sweden, 31, 355, 356.
TAUNTON, ACADEMY, 267, 268.
Tebut's Island, 231.
Temple, 226.
Ten Pound Island, 226, 233.
Tent Island, 232.
Thibideau's Islands, 323.
Thomas's Island, 230.
Thomaston, 229, 231.
Tobago Island, 61.
Toe's Point, 112.
Tomer's River, 99.
Towle's Hill, 274.
Township No. One, 99, 100, 219,
220, 222, 226, 228.
No. Two, 99, 219, 220, 221, 222,
226, 228, 235.
No. Three, 100, .220, 223, 225,
226, 227, 235, 242.
INDEX.
383
Township, continued.
No. Four, 220, 221, 222, 226, 228,
235, 236.
No. Five, 219, 222, 226, 228, 343,
344.
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. Twelve, 227.
No. Fourteen, 226.
No. Twenty-three, 223, 224.
Trafton Island, 244.
Trenton, 89, 96.
Trois Rivieres, 288.
Turtle Island, 324.
U
UMBAGOG ) LAKE, 92, 276, 344,
UMBAGOGUE J 345.
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.
Water vi lie, 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.
F
16
M38
v.8
Maine Hiatorical Society
Documentary history of
the state of Maine
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