Maine : a history

Presented to the

LIBRARY

UNIVERSITY OF TORONTO

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Legislative Library

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TO THE MEMORY OF MY FATHER

SILAS CLINTON HATCH

FOR MANY YEARS A FAITHFUL SERVANT

OF THE STATE OF MAINE

THE AUTHOR

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MAINE

A HISTORY

CENTENNIAL EDITION

Editor-in-Chief

LOUIS CLINTON HATCH, Ph.D.

Member of Maine Historical Society.

Author of "The Administration of the American Revolutionary Army"

Assisted by

MEMBERS OF MAINE HISTORICAL SOCIETY
AND OTHER WRITERS

VOLUME I

THE AMERICAN HISTORICAL SOCIETY

NEW YORK

1919

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Copyright, 1919
The American Historical Society, Inc.

FOREWORD

It is almost a hundred years since Maine was admitted to the Union,
yet no history of the State with any claim to fullness has been written.
Judge Williamson's history stops at the separation, while the great mass
of new material which has become available since his day has rendered his
work, scholarly and useful in its time, now out of date. But the history
here offered to the public is an attempt to supplement, not to supersede,
that of Judge Williamson. It is a history, primarily a political history, of
the State of Maine. The political history of the period before the separa-
tion from Massachusetts is treated in outline merely, and the chapters deal-
ing with this subject should be considered as an introduction to the main
narrative. The history, however, is not purely political. Some account
will be found of the economic, religious, and social life of Maine, and the
editor regrets that it did not prove feasible to give a fuller discussion of
these subjects.

The chapters on the Indians, the boundary controversies and the non-
political subjects, have been prepared by some of the associate and con-
tributory editors. In every case the name of the writer appears at the
head of the chapter, and for these the editor claims no credit and assumes
no responsibility. The chapter entitled "Some Maine Celebrities" is a
composite work. Some of the sketches were written by the author, these
are signed with his initials, L. C. H.; the remainder have been furnished
independently and for them he declines all responsibility. The fourth or
biographical volume is an appendix to, rather than a part of, the history,
and is outside the editor's jurisdiction.

Acknowledgments are due for assistance furnished by many present
or former citizens of Maine who have taken a kindly interest in this
attempt to write the history of their State. Aid of various kinds has
been given by most of the associate editors: Lucilius Alonzo Emery,
LL.D., Clarence Hale, LL.D., John Francis Sprague, George Colby Chase,
D.D., LL.D., Charles Allcott Flagg, A.M., B.L.S., Harold Marsh Sewall,
A.B., LL.B., Arthur Jeremiah Roberts, M.A., William Farrand Livingston,
A.B., Edgar Crosby Smith, Augustus Freedom Moulton, A.M., John Fair-
field Lynch.

Especial thanks are due for the constant aid received from Mr.
Charles A. Flagg, the librarian of the Bangor Public Library. A study
room in the library has been at my disposal from the beginning of the
work, and special library privileges have been granted me. Moreover,
Mr. Flagg's kindness has permitted me to continually draw upon his infor-
mation and experience for advice and assistance.

I must also express my great obligation to Judge Leslie C. Cornish
and the other directors of the Lithgow Library of Augusta, for forward-
ing to the Bangor Library for my use, certain files of the Kennebec
Journal, and to Professor G. G. Wilder, the librarian of Bowdoin College,
for sending in like manner files of the Portland Argus. Mention, too,
should be made of assistance rendered by Miss Evelyn Gilmore, of the
library of the Maine Historical Society and of courtesies received from
the staff of the Portland City Library. I am much indebted to Mr. E. S.
Stanwood of Brookline, Massachusetts, who, upon learning that I was
engaged in the work, wrote offering every assistance in his power, and
giving permission to make full use of his scholarly article on the separation
of Maine and Massachusetts in the "Proceedings of the Massachusetts His-
torical Society," a liberty of which I have freely availed myself. Finally, I
would express my appreciation of the assistance rendered by Miss L. B.
Raynes, who carefully typewrote the manuscript ; and of the aid received
from various young men, chiefly students of the Bangor High School, in
the handling of heavy books and newspapers.

Thanks are also due to Mr. E. M. Blanding of Bangor for valuable
criticisms on the chapter on summer resorts.

In preparing this history, the author has had specially in mind the
reviving the memory of the half -forgotten leaders of former days ; he has
been impressed by the fact that even the more recent of them are fre-
quently little more than names to the generation now coming on the stage,
and he would hope that their story may serve as an example, or sometimes
as a warning, and that it may in a slight degree stimulate and guide the
young men into whose hands will soon be given the State of Fessenden
and Reed.

Louis C. HATCH.

Bangor, Maine, August 30, 1919.

NOTE— The publishers would express their warm appreciation of the kindly
cooperation in various ways of Mr. John Francis Sprague, of Dover. From his
excellent Sprague s Journal of Maine History" through his courtesy we are enabled to
reproduce in our volumes the following: Portraits of Sir William Pepperell, Gov-
ernor Fairfield and Stephen Longfellow ; the map of the Hampden Battlefield ; Forts
Fownal, Halifax and William Henry; the Wiscasset Blockhouse; the Orono Monu-
ment ; the Old Town Indian Scene ; the Old York Jail, Burnham Tavern, Old Kitchen
Scene; Birthplace of Mrs. Lillian M. N. Stevens; and some minor plates

NOTE— For convenience of the reader, this History is paged continuously. Vol-
"T Lr,'a'nST,F,aleS '-306; V°'ume "• Pa*es 307-629; Volume III, pages 631 to

indudinde

CONTENTS

PAGE

CHAPTER I — COLONIAL MAINE — The Norsemen — Columbus, Cabot and Gilbert —
The Popham Colony — De Monts and Champlain— The Jesuits at Mount
Desert — Plymouth Colony and Maine — Maine a Province of Massachusetts
— Acadia — Baron de St. Castin — County of Cornwall — Sir William Phipps —
Father Rale — Sir William Pepperell — Capture of Louisbourg — Fort Pownal. 3

CHAPTER II — THE REVOLUTION — Riots — Burning of Falmouth — Capture of the
Margaretta — Attacks on Nova Scotia — Expedition against Penobscot — Sul-
livan's Letter — Maine at Valley Forge 29

CHAPTER III — THE INDIANS OK MAINE — Abenaki Tribes— Their Language —
Etchemins — Tarratines — Indian Wars — Life of the Indian — Dress — Religion
—Totems — Government — Penobscot Chiefs — Orono 43

CHAPTER IV — FEDERALISTS AND DEMOCRATS — WAR OF 1812 — National Constitution
Adopted — Characteristics of Federalist and Republican Parties — Commodore
Preble — Political Contests — Embargo— War of 1812 — Boxer and Enterprise
— Eastport Taken — Battle of Hampden — Generals Chandler and Ripley 67

CHAPTER V — OUR EASTERN BOUNDARY — ST. CROIX RIVER CONTROVERSY — St. Croix
River — Boundaries of Nova Scotia — Treaties and Surveys — Joint Commis-
sion— Discovery of site of De Monts' Settlement — Question as to Source of
St. Croix River — Award — A Reasonable Compromise — Title to Passama-
quoddy Islands Determined 83

CHAPTER VI — SEPARATION FROM MASSACHUSETTS — Movements for Separation, and
Conventions of 1785 and 1795 — 'Minor Attempts — Sketches of Chandler,
Holmes, King, Parris and Preble — Separation Movement of 1815 — Argu-
ments for and Against Separation — Convention of 1816 — Candidates for the
Presidency— New Movement for Separation — Massachusetts Grants a Refer-
endum— Separation Carried 107

CHAPTER VII — THE STATE CONSTITUTION — ADMISSION TO THE UNION — The Con-
stitutional Convention — Naming the State — Sketch of First Draft of the Con-
stitution— State and Church — Apportionment and Payment of Members of
the Legislature — The Council— Militia — Education — Missouri Question —
Admission of Maine — William King the First Governor — The State Seal 147

CHAPTER VIII— MAINE'S FIRST DECADE— Governor King Resigns— William D.
\\ illiamson Acting Governor— Sketch of Mr. Williamson — Albion Keith Par-
ris Elected Governor— Presidential Contest in Maine — Rufus King Appointed
Minister to England — Enoch Lincoln Chosen Governor; Sketch of Governor
Lincoln — West India Trade — Tariff — Political Proscription — Andrew Jack-
son Elected President — Comments of Maine Newspapers — Peleg Sprague
Elected Senator; Sketch of Mr. Sprague — Nomination of Samuel E. Smith
and Jonathan G. Hunton for Governor — Sketches of the Candidates — Death
of Governor Lincoln — Question of an Election for Governor by the People
— Serious Conflict in the Legislature — Mr. Hunton Becomes Governor —
Webster- Hayne Debate — Henry Clay and Maine — Smith Elected Governor. 175

PAGE

CHAPTER IX — THE JACKSONIAN EPOCH — Re-elections of Governor Smith — Maine
and the Nullification Struggle — Robert G. Dunlap Nominated and Elected
Governor by the Democrats — Sketch of Mr. Dunlap — President Jackson and
the Bank of the United States— John Ruggles Elected Senator — "Internal
Improvements" in Maine — -Presidential Campaign of 1836 — Whigs Nominate
Edward Kent for Governor ; Sketch of Mr. Kent — Reuel Williams Appointed
Senator; Sketch of Mr. Williams — Edward Kent Defeats Gorham L. Parks
for the Governorship — "Surplus Revenue" in Maine — Democrats Nominate
and Elect John Fairfield Governor ; Sketch of Mr. Fairfield— F. O. J. Smith
and the Conservatives — Graves-Cilley Duel — Log Cabin and Hard Cider
Campaign — George Evans Elected Senator; Sketch of Mr. Evans 209

CHAPTER X — THE NORTH EASTERN BOUNDARY CONTROVERSY, 1783-1842— Treaty of
Pans — The Question at Issue — The King of the Netherlands Appointed
Arbitrator — Opposing Theories — Proposition that Maine sell her Rights —
John Baker — Ebenezer Greeley— Report of a Select Committee of the Maine
Legislature — Trespassing — Arrest of American and British Land Agents—
Aroostook War— The Red-Line Map— Ashburton Treaty 247

CHAPTER XI — REFORM MOVEMENTS, REAL AND SUPPOSED — Anti-Masonry — Slavery
in Colonial Maine — First Anti-Slavery Society in Maine — George Thompson
— Attacks on Abolitionists — The Legislature and Slavery — Fugitive Slaves —
The Liberty Party — Temperance Movement — Early Liquor Laws in Maine —
Fight Against Intemperance — Maine Temperance Union — First Prohibitory
Law — Stringent Enforcement Provisions — Movements Against Catholicism —
Know Nothingism — Riot in Bath — Outrage on Father Bapst 285

CHAPTER XII — WHIGS AND DEMOCRATS — Death of President Harrison — Reelec-
tion of Governor Fairfield — Governor Fairfield Elected Senator — Edward
Kavanagh, Acting Governor — Nomination and Election of Hugh J. Anderson
as Governor; Sketch of Mr. Anderson — Unpopularity of President Tyler —
Question of Annexation of Texas — Nathan Clifford Made Attorney General
— Mexican War — John W. Dana Nominated and Elected Governor — Sketch
of Governor Dana; his Reelection — Hannibal Hamlin Elected United States
Senator; Sketch of Mr. Hamlin — Presidential Campaign of 1848 — Taylor
Whigs Successful in Maine — Nominations of General Taylor, of Cass and
Van Buren — Election of General Taylor — Appointments and Removals —
John Hubbard Elected Governor 309

CHAPTER XIII — COMPROMISE OF 1850— PROHIBITION — Compromise of 1850 — Re-
election of Senator Hamlin After a Bitter Contest — Presidential Campaign
of 1852 — Anti-Prohibition Democrats Nominate Independent Candidate for
Governor — Legislature Elects William G. Crosby — Fight Over National
Offices— Campaign of 1853— Senate Elects Crosby Governor and William Pitt
Fessenden Senator ; Sketch of Mr. Fessenden 349

CHAPTER XIV— THE REPUBLICAN PARTY— The Nebraska Bill— Campaign of 1854
— Election of A. P. Morrill Governor by the Legislature — Neal Dow Mayor
of Portland — Liquor Riot — Kansas Outrages — Campaign of 1855 — Legislature
Elects Samuel Wells Governor— Removal of Judge Woodbury Davis — Pro-
hibition Replaced by License — Assault on Sumner — Presidential Campaign
of 1856 — Republicans Elect Hannibal Hamlin Governor — James Buchanan
Elected President — Nathan Clifford Appointed a Justice of the United States
Supreme Court— His Work as Judge— Lot M. Morrill Elected Governor-
Sketch of Mr. Morrill — Prohibitory Law and Referendum — "Lecompton" . . . 378

PAGE

CHAPTER XV— THE EVE OK THE CIVIL WAR — Defalcation of State Treasurer
Peck — Republican Nomination for President in 1860— Seward and Lincoln
the Leading Candidates in Maine— Hannibal Hamlin and James G. Blaine
Work for Lincoln — Hamlin Nominated for Vice-President — Democratic
Nominations — Republicans Nominate Israel Washburn for Governor; Sketch

• of Mr. Washbum — Israel Washburn Elected Governor Over E. K. Smart —
Election of Lincoln — Secession Threatened — Cry for Compromise — Personal
Liberty Law Slightly Modified — Outbreak of the Civil War 417

CHAPTER XVI — THE CIVIL WAR — POLITICAL HISTORY — Maine Supports the Gov-
ernment—Union Meetings in Augusta and Bangor— Suppression of the Ban-
gor Democrat — Democratic State Convention Condemns the War and Nomi-
nates ex-Governor Dana — The War Democrats Secede and Nominate
Colonel Jameson— Reelection of Governor Washburn — Trent Affair — Reso-
lutions on Slavery — Republicans Nominate and Elect Abner Coburn Gover-
nor; Sketch of Governor Coburn — In 1863 Republicans Nominate a "War
Democrat," Samuel Cony; Sketch of Mr. Cony — Democrats Nominate Bion
Bradbury — Cony Elected — Campaign of 1864 — Republican National Con-
vention Fails to Renominate Hamlin — Causes — Democratic State and Na-
tional Conventions — Reelection of Cony and Lincoln — William Pitt Fessen-
den Defeats Hannibal Hamlin for the Senatorship — Johnson's Inauguration
as Vice-President — Murder of Lincoln 435

CHAPTER XVII — THE CIVIL WAR — MILITARY HISTORY — Distinction Won by Maine
Regiments — Bull Run — Peninsula and Shenandoah Campaigns — Chancellors-
ville and Gettysburg — Rappahannock Station — Maine Regiments in Missis-
sippi, Louisiana and Texas — Donaldsonville — Grant's Campaign in Virginia —
Generals Howard, Chamberlain, Williams and Ingalls — Confederate "Pri-
vateers" off Maine Coast — Capture of the Caleb Gushing — Drafts, Bounties,
Paper Credits 473

CHAPTER XVIII — HISTORY OF MAINE REGIMENTS — Sketches of Infantry, Cavalry

and Artillery Units in Numeral Order 507

CHAPTER XIX — RECONSTRUCTION PERIOD I — PRESIDENT JOHNSON'S ADMINISTRA-
TION— Campaign of 1865 — Taxation of Government Bonds — General Cham-
berlain Nominated and Elected Governor— Ratification of the Fourteenth
Amendment — Constabulary and Jail Sentence Laws — Decrease of Republican
Majority in Election of 1867 — Temperance Convention — Constabulary and Jail
Sentence Laws Repealed — Impeachment of President Johnson — Firmness of
William Pitt Fessenden — Excitement in Maine — Presidential Campaign of
1868 — Election of Grant — Chamberlain Reelected by a Great Majority —
Hamlin-Mjorrill Senatorial Contest 531

CHAPTER XX — RECONSTRUCTION PERIOD II — GRANT'S ADMINISTRATION — Elihu
Washburne as Secretary of State and Minister to France — James G. Blaine
Elected Speaker; Sketch of Mr. Blaine — Renomination of Governor Cham-
berlain Against Strong Opposition — "Temperance" Men Run Independent
Candidate — Reelection of Governor Chamberlain; His Inaugural — Campaign
of 1870 — Sidney Perham Defeats General Hersey for the Republican Nomi-
nation for Governor — Discord in the Democratic Party — Election and Reflec-
tions of Perham as Governor — National Election of 1872 — Grant Defeats
Greeley — Salary Grab — Nelson Dingley Nominated for Governor in 1873
After a Vigorous Contest; Sketch of Mr. Dingley — Election and Reelection
of Mr. Dingley — Reelection of Senator Hamlin — Selden Connor Elected
Governor — National Campaign of 1876 — Hayes Defeats Blaine for the Re-

PAGE

publican Nomination — Disputed Election for President — Electoral Commis-
sion Decides in Favor of Hayes — Hayes' Cabinet Appointments and Southern
Policy — Gubernatorial Campaign of 1877 — Democrats Nominate a Liberal
Republican, J. H. Williams — Reelection of Connor 547

CHAPTER XXI — GREENBACK MOVEMENT— DISPUTED ELECTION — Greenbackism in the
Nation — Solon Chase and "Them Steers" — Campaign of 1878 — Nominations
of Davis, Garcelon and Smith — No Election by the People — Legislature
Chooses Garcelon — Campaign of 1879 — Candidates of the Previous Year Re-
nominated — -Again no Election by the People — Question of Inspection of
Legislative Election Returns — The "Count-Out" — Arms Brought to Augusta
From Bangor — Attempts at Accommodation — Opinion of the Supreme Court
— General Chamberlain in Charge at Augusta — Rival Legislatures — Military
Companies Brought to Augusta — Democrats Submit — Investigation of Alleged
Frauds — Eugene Hale and William Pierce Frye Elected United States Sen-
ators; Sketches of Messrs. Hale and Frye — Campaign of 1880 — Garfield
Defeats Elaine for the Republican Nomination for the Presidency — Fusion
of Maine Democrats and Greenbackers ; They Nominate General Harris M1.
Plaisted for Governor; Sketch of General Plaisted — Election of General
Plaisted — Disputes Between Governor and Council Over Appointments —
Campaign of 1882 — Frederick Robie Nominated and Elected by the Repub-
licans ; Sketch of Governor Robie 593

CHAPTER XXII — REPURLICAN ASCENDANCY— ^RECENT YEARS — Passage of the Pro-
hibitory Amendment to the State Constitution — Mr. Elaine Defeated In the
Presidential Election of 1884 — Elections and Sketches of Governors Bodwell
and Burleigh — Election of President Benjamin Harrison in 1888 — Melville
W, Fuller, Chief Justice of the United States ; Sketch of Judge Fuller— Mr.
Blaine Secretary of State ; His Policies — Thomas B. Reed Speaker of the
National House; Sketch of Mr. Reed — Campaigns of 1890, 1892 and 1894—
Campaign of 1896 — Reed Loses the Republican Nomination for President —
Republicans Nominate and Elect Llewellyn Powers Governor— Maine and the
War With Spain — From the Spanish War to the Centennial of the State.... 633

CHAPTER XXIII — THE INDUSTRIAL DEVELOPMENT OF MAINE — General Remarks —
Paper and Pulp — Cotton Goods — Boots, Shoes and Leather — Canning, Pre-
serving and Fishing — Shipbuilding — Brick-Making — Lime — Ice 661

CHAPTER XXIV — LUMBERING IN MAINE — General Remarks — -Periods of the In-
dustry— River-Driving — Batteaus — The Peavey — Initiative of Mlaine Lumber-
men— Sluiceways and Dams — Present Conditions 689

CHAPTER XXV— TRANSPORTATION IN MAINE— Stage-Coaches—Steamboats— Canals

—Railroads— Horse and Electric Roads 699

CHAPTER XXVI — GOVERNMENTAL AND INSTITUTIONAL DEVELOPMENT OF MAINE —
Amendments to the Constitution — Creation of Cities — Counties of the State
—Location of the Capital— The State House— State Prison— Reformatory
Institutions— Aid for Deaf, Dumb and Blind— Insane Asylum— Militia-
Courts 7lg

CHAPTER XXVII— EDUCATION IN MAINE— Massachusetts and early Maine Laws

-Board of Education Established — County Commissioners Take its Place

Office of Superintendent of Schools Created— The Superintendents and Their
Work— Work in Rural Schools and Unorganized Townships— The Colleges
of the State : Bowdoin, Colby, Bates, and University of Maine 747

PAGE

CHAPTER XXVIII— THE RELIGIOUS HISTORY OF MAINE — Early Days — Catholics,
Episcopalians, Puritans, Quakers, Baptists — Congregationalism Established —
Presbyterians — Methodists — Free Baptists — Congregationalism — Bangor
Theological Seminary — Unitarianism— Success of Baptists and Methodists —
Growth of Catholicism in Maine — Minor Denominations — Work of the
Women — Bible Societies— Sunday Schools — Educational Institutions — Re-
ligious Newspapers — Christian Civic League — Young Men's Christian Asso-
ciation—Interdenominational Commission — The Church in the War 779

CHAPTER XXIX — SOCIAL AND HOME LIFE — The Indians — The English — The
French — Holidays — Dancing — Weddings — Phips and Pepperell — Colonial Life
— Luxuries — Frolics — Bees — Church and Tavern — Visits — Dress — Social Life
on the Kennebec — Social Leaders — General Knox — William King — Wis-
casset and Portland — Colonial Times and Our Own 803

CHAPTER XXX — SOME MAINE CELEBRITIES — Sketches of Maine Men and Women,
Arranged in Alphabetical Order — Also Sketches of Franklin Pierce, John P.
Hale, and Benjamin F. Butler; of Judges Mellen and Ware; of Moses
Greenleaf and Phineas P. Quimby — Moses Owen and the Returned Maine
Battle-Flags 827

CHAPTER XXXI— SUMMER RESORTS OF MAINE— Isles of Shoals— Kittery— York
— Casco Bay — Portland — Boothbay — Penobscot Bay and River — Mount Desert
— Poland Spring — Sebago, Rangeley, Belgrade and Washington County Lakes
— Bangor — Moosehead and Katahdin 903

Chapter I
COLONIAL MAINE

CHAPTER I
COLONIAL MAINE.

Scholars are not agreed on the period at which a history of Maine
should begin. Some would place it at the close of the first millenium of
the Christian era, others at the middle of the second. It is reasonably
certain that in 1000 A. D., Leif, the son of Eric, the discoverer of Green-
land, was sent by King Olaf of Norway to introduce Christianity into his
father's newly found land. On his way thither he was driven out of his
course to an unknown country which from the abundance of grapes growing
there he called Vinland, or Wineland. In the years immediately succeeding,
two attempts were made to plant a colony, but both were quickly abandoned.
Great has been the controversy over the true location of Vinland.
It has been placed in Labrador, Nova Scotia, Maine, Massachusetts, and
Rhode Island. Many theories have been advanced, none have been fully
proved. The question, however, is not of great importance. The Norse-
men quickly vanished without leaving a trace of their occupancy, and
nearly five hundred years went by before the continent of North America
was again visited by white men. Even if it be true that a few Norsemen
once lived for a brief time upon the shores of Maine, the real history of the
State begins with its discovery by the race that was to people and develop il.
Like the great achievement of Columbus, the discovery or rediscovery
was the work of a Genoese serving under a foreign flag with a foreign crew.
While Columbus was vainly striving to obtain the assistance of Ferdi-
nand and Isabella in carrying out his plans, he sent his brother Bartholomew
on a similar errand to Henry VII. of England. Bartholomew failed but,
when the great discovery had at last been made, emulation in England was
aroused. The port of Bristol was the home of daring fishermen and
sailors, and for many years they had carried on a trade with Iceland, bring-
ing from there large quantities of "stockfish," that is, cod.

About 1490 there was living in the town an Italian seaman, John Cabot.
By birth he was a Genoese, but he had been for some time a naturalized
citizen of Venice. Stirred, it is said, by the achievement of Columbus, he
appealed to King Henry for leave to make discoveries and for possession
of any lands found. His petition was granted, the King reserving a fifth
of the receipts from each voyage and the sovereignty of all lands dis-
covered. In May, 1497, Cabot set out in a small vessel with a crew of
only eighteen men, most of whom were residents of Bristol. After a
voyage of about seven hundred leagues he reached land, probably the
island of Cape Breton. In 1498 he made a second voyage, and is thought
to have sailed a considerable distance southward. If he did, John Cabot's
companions were the first Englishmen to behold the coast of Maine.1 But

'Burrage, "Beginnings of Colonial Maine," 5.

4 HISTORY OF MAINE

after this voyage, Englishmen ceased for many years to make voyages
of discovery to the New World. Perhaps the government disapproved

of them.

At the opening of the sixteenth century, England was allied with Spam,
and the Spaniards were very suspicious of expeditions across the Atlantic.
Indeed, King Ferdinand's ambassador had formally protested against what
he considered Cabot's violation of Spanish rights. By the middle of
the century, however, English fishermen were frequenting Newfoundland
waters, and in 1565 John Hawkins sailed along the American coast. In
1567 he led an expedition to the Caribbean and the Gulf of Mexico, which
ended in disaster at Vera Cruz, and three of his men "made their long
weary way northward to the Great Lakes ; and then turning eastward, as
one may infer from the narrative printed by Hakluyt, they crossed a part
of what is now the State of Maine, and, finding a French vessel on the
coast, they were taken on board and so made their way back to England."
These sailors, David Ingram, Richard Brown and Richard Twide, were
the first white men to visit the interior of Maine, perhaps the first to stand
upon its soil.

In 1578, Queen Elizabeth granted to Sir Humphrey Gilbert, Raleigh's
half-brother, such lands as he might discover in the new world. Sir
Humphrey prepared two expeditions; the first put back without crossing
the ocean ; on the second, he took formal possession of Newfoundland in
the name of the Queen, but his attempts at settlement failed, and on the
return the little vessel which he had taken for a flag-ship was lost with
all on board. For some years after this disaster the English attempts at
colonization were made under Raleigh's leadership, and Raleigh's chief
interest was in territory much farther to the south. But in 1602 a vessel
named the Concord, commanded by Captain Bartholomew Gosnold, with
whom was associated Bartholomew Gilbert, a son of Sir Humphrey, sailed
tor the more northern part of America. They reached the southern coast
of Maine, perhaps first sighting land at Cape Porpoise, and Gosnold
explored the New England coast as far as Martha's Vineyard. His
intention had been to plant a colony, but no one was willing to be left
behind, and the whole company returned to England. The next year
Captain Martin Pring made a voyage to the coast of Maine, and in 1605
Captain George Waymouth visited Monhegan, entered St. George's river,'
explored the coast, and kidnapped five Indians from whom, after they
had been taught English, it was hoped that valuable information could
be obtained concerning the country. Their reports proved to be of a
most encouraging nature, and the stories they told or were thought to
have told, (for what they said may have been imperfectly understood),
were, according to Sir Ferdinando Gorges, the future Lord Proprietor

'For a discussion of the question, what river did Waymouth enter, see Burrage,
"Beginnings of Colonial Maine," pp. 40-48.

COLONIAL MAINE 5

of Maine, "the means under God of putting on foot and giving life to all
our plantations."

In 1606 charters were granted to two companies, one called the
London Company, and the other the Plymouth Company. The names were
those of the places of residence of most of the corporators. To the
London Company was assigned the land between the 34th and the 41 st
degrees of north latitude and fifty miles south ; to the Plymouth Company,
that between the 38th and 45th degrees and fifty miles north. It will
be observed that these grants overlapped, but in order to hasten settle-
ment and to prevent boundary disputes, it was provided that neither
company should plant within a hundred miles of a colony of the other.

In 1606 the Plymouth Colony sent an exploring expedition to Maine.
One vessel was taken by the Spaniards. A second, sailing a little later,
with Pring as the real though not the nominal commander, arrived safely
at her destination. A strip of coast, probably that between the St. George's
and the Kennebec rivers, was carefully examined, and Pring's detailed
icport greatly encouraged his employers, who now determined to send
out a colony. One of the most active and influential members of the
Plymouth Company was Sir John Popham, Chief Justice of the King s
Bench. Sir John contributed liberally to defraying the expense of the
venture, and obtained further assistance from friends. On May 31, 1607,
the expedition set sail. It consisted of two vessels, the Mary and John,
commanded by Raleigh Gilbert, a son of Sir Humphrey; and the Gift
of God, a light draft boat commanded by George Popham, a nephew of
the Chief Justice. Of the size of these vessels we have no information.
They carried beside their crews, about 120 colonists, and provisions, guns,
ammunition, and so forth. Early in August the vessels reached the Maine
coast. On Sunday, the gth, most of the company landed on the shore of
the present St. George's harbor and held what was, as far as is known,
the first Episcopal service on New England soil.* A member of the expe-
dition who wrote an account of the voyage says, "We heard a sermon
delivered unto us by our preacher, giving God thanks for our happy
meeting and safe arrival into the country, and so returned aboard again."
The preacher was the Rev. Richard Seymour. He was doubtless a member
of the Church of England, and was praised by Gorges for "his pains in
his place and his honest endeavors," but of his life before and after his
brief visit to Maine we are, and probably always will be, ignorant.

On Wednesdav sail was made for the "Sagadahoc," now the Ken-
rebec, and, after some examining of the river, the peninsula of Sabino,
lying at its entrance, was chosen as the site for the settlement. A council
to govern the colony, which had been appointed by the King's Council of
Virginia, was sworn in, and George Popham was elected its President.

*There can be no doubt that there were both Catholic and Huguenot services
on DC Mont's Island in 1604.

6 HISTORY OF MAINE

A fort and a storehouse were begun, further explorations were made,
and interviews were held with the Indians. Early in October the Mary
and John returned to England. The fort was completed and houses were
built within its walls. But some of the men were unfit for the work they
were expected to perform, factions arose, the winter was early and severe,
and in December the Gift returned to England, carrying all but forty-five
of the discouraged colonists. In February, President Popham died, and
was succeeded by Raleigh Gilbert. A fire destroyed the storehouse, most
of the stores, and probably the houses also. In the spring, affairs improved.
Two vessels came from England with supplies, and a promise of the
arrival of a third and larger ship in the summer. The colonists them-
selves had built a pinnace which they called the Virginia' the name given
to the whole of the English territory in America. The third vessel did not
arrive until about September ist. It brought supplies, but it also brought
the news of the deaths of the chief patron of the colony, Sir John Popham,
and of the elder brother of President Gilbert. It was imperative that
the President, who was his brother's heir, should proceed to England
immediately. No one at Fort St. George was qualified to take his place,
and it was determined to abandon the enterprise. The fort was dismantled,
the stores and cannon placed on board the vessels, and all returned to
Plymouth.

The attempt to plant a colony upon the coast of Maine was not made
hastily or carelessly, and it had zealous and influential friends in England.
It failed, partly because of the severity of the climate, and of a succession
of unfortunate accidents like the burning of the storehouse and the deaths
of the two Pophams and the elder Gilbert, but also because of the lack
of men, or, at least, of a man at Fort St. George. The deep religious prin-
ciples and the sturdy character of the great majority of the Pilgrims
saved Plymouth despite the suffering of the first winter. The vigor of
Smith, Dale, and a few others, held Virginia together, though most of
the colonists were ill-fitted for the work of pioneers. But in Maine not
only were the mass of the settlers vagrant and dissolute, but there was
no one with sufficient character and force to compel respect and obedience.
Popham was "a discreet, careful man," ready to give his life for the
service of God and the honor of England, but he was advanced in years,
feeble in health, and was described by Gorges as "honest ... but
. . . timourously fearful to offend or contest with others that will or
do oppose him." Gilbert was reported to be "desirous of supremacy and
rule, a loose life . . . little zeal in religion, humorous (whimsical or
cranky'), headstrong and of small judgment and experience, otherwise
valiant enough."

The withdrawal of the English left Maine open to the French, who were

'At the celebration of the ter-centennary of the Popham colony in 1004, due notice
was taken of this beginning of New England shipbuilding.

COLONIAL MAINE 7

already endeavoring to enter into the land and possess it. In 1524, an
Italian of French extraction, then calling himself Verrazano, had sailed
along the Atlantic coast with a commission from Francis I., and this
gave France a claim like that which England founded on the voyages of
Cabot. In 1534 Jacques Cartier had ascended the St. Lawrence, and
unsuccessful attempts were made to plant a colony at Quebec in 1541,
and on the Sable Islands in the Bay of Fundy in 1598. In 1603 Henry
IV. of France granted to the Sieur de Monts all the land from the 46th
to the 4Oth parallel of north latitude, that is, from "about St. Johns,
Newfoundland, to Philadelphia." In 1604 De Monts sailed for his domain,
taking with him, as geographer, Samuel de Champlain, and a gentleman
volunteer, the Sieur de Potrincourt. They examined the Bay of Fundy.
the present Annapolis Basin, which they named Port Royal, and Passama-
quoddy Bay. A settlement was made on an island in the river St. Croix,
and Champlain set out on a tour of exploration. He passed a large island
with whose beauty he was much impressed, and which because of its
mountains with their tops bare of trees he named Isle des Monts Deserts.
He sailed up the Penobscot, which he calls "Pentegouet" and "Norum-
begue,"4 to where the Kadesquit (Kenduskeag) emptied into it, that is, to
the present Bangor; he landed there, probably at what is now the foot of
Oak street, and had an interview with Bashebe, the great chief of that
region. He then proceeded to the Quinibeque (Kennebec) and sailed some
distance up the river, but bad weather checked his progress and he
returned to St. Croix. The winter was a hard one and nearly half the
colonists died of scurvy. In the summer supplies arrived and De Monts
and Champlain sailed along the coast to Cape Cod. On their return to
St. Croix, it was determined to go back to the Bay of Fundy. De Monts
went to France in the interest of the colony, but his men were completely
discouraged and soon followed him home. Like the Popham colonists,
they were not of the stuff of which pioneers are made.

In 1610 De Potrincourt, who had obtained a grant of Port Royal
from De Monts, planted a small colony there. In the following year a
vessel carrying supplies and two Jesuits, Fathers Pierre Biard and Enemond
Masse, arrived. An exploration down the coast was undertaken by Potrin-
court's son Biencourt, accompanied by Father Biard, and during the

'Justin Winsor says of "Norumbega" in his "Christopher Columbus and How He
Received and Imparted the Spirit of Discovery" : "It was apparently during the
voyages of Verrazano that an Indian name which was understood as 'Arambega'
was picked up along the northern coast as designating the region, and which a little
later was reported by others as 'Norumbega,' and so passed into the mysterious and
fabled nomenclature of the coast with a good deal of the unstableness that attended
the fabulous islands of the Atlantic in the fancy of the geographers of the Middle
Ages. As a definition of territory it gradually grew to have a more and more
restricted application, coming down mainly after a while to the limits of the later
New England, and at last finding ... a home on the Penobscot. Still the
region it represented contracted and expanded in people's notions, and on maps the
name seemed to have a license to wander."

8 HISTORY OF MAINE

expedition Mass was said by Father Biard, on an island in the Kennebec,
near the present city of Bath. The winter was marked by considerable
friction between Biencourt and the Jesuits. A pious lady of rank, the
Marchioness de Guecherville, who had assisted in sending the Fathers to
Port Royal, now, with the aid of friends, fitted out a vessel "to take the
Jesuits away from Port Royal, and to found a new French settlement
in a more suitable place." She had already obtained from De Monts a
transfer of his rights and also a grant of the territory from the King.
The head of the expedition was a certain Captain Saussaye ; the captain
of the ship was named Flory. The vessel also carried another Jesuit priest
and a lay brother, Gilbert du Thet. On reaching Port Royal, Fathers
Biard and Masse were taken on board and the ship set sail for Kadesquit,
where it was intended to establish the new colony. But Captain Flory
missed the Penobscot in a fog and storm and when the weather cleared
the vessel was off Mount Desert. The pilot took it into a beautiful port to
which was given the name of Saint Sauveur (the present Bar Harbor).
The pilot and the sailors now claimed that their contract of carriage had
been performed and refused to go to the Penobscot. The Indians promised
to show the Fathers as good a site for a colony as Kadesquit, and it was
finally decided to locate their settlement at Fernald's Point, on the western
side of the island, where there is a very beautiful and well sheltered
harbor. Father Biard says that "the chiefs of the enterprise" were anxious
to begin work on the houses and fortifications at once, but Saussaye per-
sisted in "amusing himself with agriculture." He was soon to learn his
error.

The Virginians were accustomed to send vessels to New England to
obtain a supply of fish, and Captain Samuel Argall had come north for
that purpose. On leaving England he had been given a commission to
expel any foreign intruders that he might find within the borders of King
James's grants. Learning from some Indians of the presence of the
French, he induced one of the savages, who believed that his intentions
were friendly, to guide him to the new settlement. Argall sailed into the
harbor with colors flying, drums beating, and his ship ready for action.
Many of the French were on shore, and the greater part thought it prudent
to remain there. A few went on board their vessel, which, however, was
in no condition either to fight or to fly. Father Biard says: "The first
volley from the English was terrible, the whole ship being enveloped in
fire and smoke. On our side they responded coldly, and the artillery was
altogether silent. Captain Flory cried, 'Fire the cannon, fire!' but the
cannoneer was not there. Now Gilbert du Thet, who all his life had
never felt fear or shown himself a coward, hearing this command and
seeing no one obey it, took a match and made us speak as loudly as the
Unfortunately he did not take aim; if he had, perhaps there
might have been something worse than mere noise.'"

'Thwaites, "Jesuit Relations," III: 281.

t'AI'T. JOHN SMITH

COLONIAL MAINE 9

The English, fearing that their vessel might ground, drew off, but
discovering that there was no danger of this, came on again, pouring
in volleys of musketry. Gilbert du Thet was shot through the body and
mortally wounded. Captain Flory and three others were also wounded,
and the French surrendered. Two very promising young men who at-
tempted to reach the shore by swimming were drowned, having either been
shot in the water or wounded before they jumped from their boat.

The day after the capture of the ship, Saussaye came out of the woods
and surrendered. Ultimately all the French were allowed to return home
and even their ship was given up, but Madame de Guecherville's claim for
damages was sharply denied on the ground that she was a trespasser.

This skirmish, in which only three were killed on one side and none
upon the other, may seem unworthy of description, but it was the beginning
of the contest for North America between the French and English, which
lasted for one hundred and fifty years and only closed with the cession of
Canada by the treaty of Paris in 1763. Nor was the little battle in Somes'
Sound important merely as the beginning of the struggle ; it was also a
factor in the result. Had the French established themselves at Mt. Desert,
ft may be that neither Pilgrim nor Puritan would have cared to settle so
near them as Massachusetts, that all or nearly all of New England would
have been a part of New France, and that the great contest would have
ended differently.

Argall's exploit left Maine again open to the English, but so great
was the discouragement over the failure at Fort St. George that for many
years little attempt was made at colonization and that little was totally
unsuccessful. There was, however, much resort to the island of Monhegan
for fishing, and in 1614 Captain John Smith visited the coast and engaged
in fishing, fur trading and exploring. The Plymouth Company was inactive,
and in 1620 a new charter granting more extensive powers, and the terri-
tory from the 4Oth to the 48th degree of north latitude instead of that
from the 38th to the 45th, was given to the "Council established at Plymouth
in the county of Devon, for the planting, ruling, ordering and governing
of New England in America." This was substantially a reincorporation
of the old Plymouth Company. There were "forty-eight patentees, thirteen
of whom were peers of the realm, and all men of distinction." Among
their privileges was the exclusive right of fishing in the seas adjoining
their grant, but so strong was the opposition to this monopoly that it was
surrendered.

On August 10, 1622, the Council gave to Sir Ferdinando Gorges and
Captain George Mason, jointly, the land between the Merrimac and Saga-
dahoc rivers which, the grant states, they "with the consent of the President
and Council, intend to name the Province of Maine." Mr. Burrage says
that "this is the first use of the designation, Province of Maine, in any
printed document."

I0 HISTORY OF MAINE

In 1623 six thousand acres of the territory were granted to Christopher
Levett, of York, who settled ten men near what is now Portland harbor,
but the colony soon disappeared. Later, several settlements were made
on the coast of Maine through the enterprise of private persons. On July
15, 1625, the first deed of Maine soil was executed, two Indian chiefs giving
to John Brown, of New Harbor, a piece of land including "most of the
town of Bristol, all the towns of Nobleborough and Jefferson, also part
of the town of Newcastle." The price was "fifty skins." It is said that
by 1630 there were eighty-four families "on the St. George's river and at
Sheepscot."

In the same year two grants were made, known as the Ligonia, or
the Plough Patent, and the Muscongus, or Waldo Patent. The former
obtained its names because the land granted was to be called the province
of Ligonia (Gorges's mother's maiden name was Lygon), and because the
first of the grantees to arrive came to America in a ship called the Plough.
They appear to have been a "peculiar people," who styled themselves
"husbandmen." The second patent was called Muscongus, from an Indian
name mentioned in the patent, and "Waldo" because in the eighteenth
century Samuel Waldo became owner of by far the greater part of the
land granted by the patent, and did much for its settlement.

In 1630 an important grant was made to the Governor of Plymouth,
William Bradford, who acted as representative of the Colony. The Pil-
grims, in order to obtain the money to come to America, had been obliged
to enter into a partnership with certain London merchants, and these
men soon began to press for a return on their investment. In 1626 an
arrangement was made by which the merchants were to transfer their
interest to the colonists for £1800, to be paid in nine equal instalments of
£200 a year, beginning with the year 1628. The means for doing this
the Pilgrims found in the fur trade. In 1625 Mr. Edward Winslow had
bought of the Indians of the Kennebec district, "seven hundred pounds of
good beaver and some other furs" for "a shallop's load of corn." The
profits of the trade depended largely on maintaining a monopoly, and in
1630 the Pilgrims procured from the Council for New England a grant
of the Kennebec river "from Gardiner to falls in the river about half way
between Augusta and Waterville," and a strip of land fifteen miles wide
on each bank. The Pilgrims built a storehouse at Cushenoc (Augusta),
the Indians found them the only buyers, and such quantities of beaver
were obtained at moderate prices that by 1633 the proceeds of its sale had
discharged the debt to the English merchants three years before the final
payment was due.

The Plymouth Colony, to whom Bradford had transferred his rights,
retained their Kennebec lands until 1661, when they sold them to Antipas
Boies, Edward Tyng, Thomas Brattle and John Winslow. For about
a century no effort was made to colonize the district. Their heirs and

COLONIAL MAINE n

other persons admitted as associates formed a corporation called "The
Proprietors of the Kennebec Purchase from the late Colony of New
Plymouth," which remained in existence until 1816, playing a prominent
though not always a beneficial part in the settling of Maine.

The Council for New England was becoming moribund. Its meetings
were scantily attended, and on February I3th, 1635, the country between
the Hudson and the Kennebec was divided into eight parts and presented to
eight members of the Council, and to each part, except the two easternmost,
was added ten thousand acres east of the Kennebec. Gorges's share was
the land already owned by him between the Piscataqua and the Kennebec,
now named New Somersetshire. In 1636 an attempt was made to create
a government in the province, and Gorges's nephew, William, was sent
over as Governor. He established a court of seven commissioners for the
trial of offences, which was duly opened on March 2ist, 1636. This was
"the first authorized organization attempted in the province." The Gov-
ernor, however, returned to England the next year, and apparently the
court ceased to meet. In 1639 the King issued a charter confirming the
grant of New Somersetshire, but "directing that Gorges's 'portion of the
mainland' should forever hereafter be called and named the Province or
County of Maine, and not by any other name or names whatsoever."
Gorges was given most extensive powers, but was only allowed to make
laws with the consent of the freeholders "when there shall be any." He
appointed a council of seven, the first member being also Deputy Governor,
to administer the province and act as a court. As deputy, Sir Ferdinando
named his cousin Thomas. Burrage says of him: "From first to last he
had the respect of all law-abiding citizens. . . . The three years he
spent here, from 1640 to 1643, were passed in a way not only exceedingly
creditable to himself, but helpful to the settlers in their desires to secure
better conditions ; and his name deserves to be accorded high honor for
the services he rendered at an important period in the beginning of colonial
Maine. It is not too much to say of Thomas Gorges that his was by far
the one conspicuously attractive personality in the province in all its early
history.'"

Sir Ferdinando also transformed a little settlement at Agameoticus
into a city with an elaborate government, and changed its name to Gor-
geana. But scarcely had he organized his province when, as a result of A
local quarrel, he was deprived of almost the whole of it. On December ist,
1631, the Council of New England had granted to Robert Trelawney and
Moses Goodyear a large quantity of land on Casco Bay. In 1637 Goodyear
died and Trelawney inherited his share. These gentlemen were wealthy
Plymouth merchants and neither of them went to New England them-
selves, but they sent over a manager, John Winter, who pressed his em-
ployers' claims with much vigor. About 1630 a certain George Cleeve, a

'Burrage, "Beginnings of Colonial Maine," 312.

12 HISTORY OF MAINE

native of Plymouth, England, settled on the Spurwink in the present Fal-
mouth. Winter warned him off as a trespasser on Trelawney's land, and
he moved to the present site of Portland, but Winter challenged his right
to this location also. The dispute continued for a number of years, and
in 1642 Cleeve went to England and induced Colonel Alexander Rigby, a
Puritan member of Parliament, to purchase the old Ligonia or Plough
Patent from the surviving patentees, confirm Cleeve's title to the land on
which he was settled, which was within the territory granted by the patent,
and to appoint him deputy-president of Ligonia. Gorges's deputy, Richard
Vines of Saco, persistently refused to recognize Cleeve's authority. But
in 1647 the Earl of Warwick and the Commissioners of Foreign Planta-
tions' heard the case and decided in favor of Rigby, giving him all the
land betwen the Kennebec and the Kennebunk, and leaving to Gorges only
the little district in the extreme southwest between the Kennebunk and the
Piscataqua.

The opponents of Cleeve now outwardly submitted to his authority,
and some of the most prominent of them were entrusted with office. In
May, 1647, Sir Ferdinando Gorges died. Two years later, no directions as
to the government of his Province of Maine having been received, the
inhabitants were assembled at Gorgeana, where they voted to form them-
selves into a body politic until "further order, power and authority shall
come out of England," and to elect magistrates. Edward Godfrey, who
had been left in charge by Thomas Gorges, was chosen Governor, "and
thus became the first Governor elected by the people in what is now the
State of Maine." In 1650 Colonel Rigby died suddenly, and Cleeve went
to England with a petition that Parliament would confirm the judgment of
the commissioners in favor of Rigby. He was unable, however, to obtain
this, and on his return found that a new and formidable claimant to a part
of Maine had appeared, the Colony of Massachusetts Bay. Massachusetts
had annexed the New Hampshire settlements because of the anarchy into
which they had fallen, and she now claimed that her charter included
within her limits all the settlements in "Maine" and "Ligonia."

In July, 1652, commissioners from Massachusetts appeared at Kittery
and held a conference with Governor Godfrey and other persons exercising
authority in the Province of Maine, but neither side would yield. In
November, commissioners again appeared, assembled the inhabitants, and
set forth the claim of the Bay Colony. After a discussion which lasted
four days, forty-one of the inhabitants, probably a large majority of the
"freemen of the place," signed a submission to the government of Massa-
chusetts. The commissioners then announced the grant of various priv-
ileges. The territory beyond the Piscataqua was to form a separate county

'The war between the King and Parliament had terminated in favor of the latter

11 authority in England was in their hands and that of their officers.
'Vines had sold his land and gone to the Barbadoes.

COLONIAL MAINE 13

to be known as Yorkshire. No man in Yorkshire was to be called to
any general training of the militia outside of the county without his express
consent, and no taxes were to be levied in Yorkshire except for the use
of the county. All freemen of Kittery were to be freemen of Massachusetts
whether members of the church or not, and Kittery was to be represented
in the Legislature of Massachusetts, the "General Court." The Commis-
sioners then proceeded to Gorgeana and received submission there. Godfrey
refused to vote, but after the supremacy of Massachusetts had been
accepted, gave his consent to what had been done. The "city" was then
degraded to a town and its name of Gorgeana was changed to that of York.
Massachusetts had from the first looked with scorn on the new city. Gov-
ernor Winthrop says in his 'Journal that the people of Maine were not
invited to join a confederation of other New England colonies, "be-
cause they ran a different course from us both in their ministry and civil
administration, for they had lately made Acomenticus (a poor village) a
corporation, and had made a taylor their mayor, and had entertained one
Hull, an excommunicated person, and very contentious, for their minister."*
Perhaps Massachusetts also wished to wipe out all memory of the "usurper"
Gorges.

In 1653 a submission like that of Kittery and Gorgeana was made by-
Wells, Cape Porpoise and Saco. The dwellers in what is now Scarborough
and Portland were more obdurate, but Massachusetts waited patiently, the
need of a strong settled government continually became more manifest, and
in 1658 her authority was accepted. Among those who signed the submis-
sion were George Cleeve, his son-in-law, and Robert Jordan, the holder of
the Trelawney property."

Two years after the acquisition of Maine and Ligonia by Massachu-
setts, England recalled Charles II., and the Bay Colony was threatened with
the loss not only of her new territories but of her own charter. The
King, however, confirmed the charter, but a committee of Parliament
reported that the claims of Mason and Gorges were well-founded, the King's
Attorney-General gave an opinion in favor of the heirs of Captain John
Mason, and Massachusetts was obliged to surrender New Hampshire. To
Maine she clung more tenaciously. There was much unrest and disaffec-
tion there. In 1662 not a town in Maine chose a representative to the Gen-
eral Court. Massachusetts, however, firmly asserted her authority, and
in the following year three deputies were sent by Maine towns to the Court.
In February, 1665, four commissioners appeared in Boston with power
from the King to hear and act on complaints and appeals. In June, after
failing to obtain a recognition of their authority from Massachusetts, thev
sailed for New Hampshire and Maine. With them had come an agent of

'll'intlirof's Journal, II : 99 in "Original Narratives of Early American History."

'"The authority for nearly all the statements up to this point is Burrage's "The
Beginnings of Colonial Maine."

I4 HISTORY OF MAINE

Ferdinando Gorges, the grandson of Sir Ferdinando, bearing a letter from
the King commanding the people of Maine to restore the government to
Gorges, or without delay show reason to the contrary. These directions
were communicated to the Massachusetts authorities but they refused to
withdraw their authority on the ground that the order was not addressed
to them. The Commissioners told the inhabitants of Maine that the charter
rights of Gorges were too great to be held even by one of the most favored
subjects, which Mr. Gorges was, and issued a proclamation receiving "all
his Majesty's good subjects, living within the Province of Maine, under
his immediate protection and government," and appointing certain persons
justices of the peace to act as a court and to order the affairs of the
province "till the appointment of another government by the Crown." They
forbade judges sent by Massachusetts to enter the province and these gentle-
men deemed it wise to obey. The authority of the justices was, however,
insufficient to maintain order, the legality of their appointment was uncer-
tain, and many desired to again enjoy the firm yet mild rule of Massa-
chusetts. In 1668 the General Court called on the people of Maine to
submit to the laws and government of Massachusetts, and sent commis-
sioners to hold a court in York. They were accompanied by a military
escort, and the justices, while publicly and vehemently protesting, did not
attempt to defend their claims by arms. The Commissioners reestablished
the government of Massachusetts and it was not again displaced until, one
hundred and fifty years later, Maine, with the consent of Massachusetts
became a State of the Union.

It was only in 1677, however, that Massachusetts secured a clear title.
A committee of the Privy Council had rendered a decision against her
claim, but also unfavorable to that of Gorges, and the latter was induced
to sell all his rights to an agent of Massachusetts" for £1250.

There was some question in Massachusetts concerning the proper
method of governing Maine, but it was decided that Massachusetts had
recognized the rights of Gorges by purchasing them, and that as a decision
had been given in England against her claims she must act under Gorges's
deed and not under her charter, and govern Maine as Gorges might have
done, as Penn and Lord Baltimore governed Pennsylvania and Maryland.
Accordingly, a President of Maine to serve one year and Councillors to
serve until removed were appointed by the assistants (or council) of
Massachusetts, and a House of Deputies was elected annually by the Maine
towns. The same gentleman, Thomas Danforth of Cambridge, was ap-
pointed President year after year, and proved an efficient and popular
officer. He visited Maine each year; in his absence his duties were dis-
charged by a Deputy President.

The Province of Maine extended only to the Kennebec. The dis-

"This gentleman acted without authority but the colony after a little hesitation
accepted the arrangement.

COLONIAL MAINE 15

tricts to the east, often called the Sagadahoc territory, repeatedly changed
ownership and government. The Plymouth Colony attempted a settle-
ment at "Penobscot," that is, on the Castine peninsula, but it was quickly
broken up by the French. Mr. Allerton of Plymouth and Richard Vines
of Saco built a trading house at Machias, but this also was seized and
plundered by the French.

The French, however, not satisfied with driving away the English,
proceeded to fight among themselves. For some twelve years an inter-
mittent war was carried on between Charles de la Tour, commandant at
St. John, and Aulnay, the commandant at Penobscot. It ended in the
capture of St. John after a gallant defense and the "execution" of the
garrison, except one man, contrary to Aulnay's solemn promise. La Tour
was not in the fort, but his wife was, and had been the life of the defense.
The chivalrous Aulnay paraded her on the scaffold with a halter round
her neck, and three weeks later she died of grief and shame. Aulnay
remained in control until his death in 1651. Next year La Tour married
his widow, and succeeded to the authority as well as the wife of his
old rival.

In 1654, Cromwell, disregarding a treaty of 1632, which had restored
Acadia" to France, ordered its reconquest, and Major Sedgwick of Charles-
town occupied it without resistance. Cromwell appointed Colonel Thomas
Temple, Governor of Nova Scotia, which was described as extending to
the St. George's river. In 1667, Charles II. by the treaty of Breda ceded
Nova Scotia to France. A supplementary article added in the following
year ceded the whole of Acadia and specially mentioned "Pentagoet" or
Penobscot.

A regiment of the French army, the "Carignan Salieres," had been
stationed at Quebec. After the Peace of Breda, its colonel, Jean Vincent
de 1'Abadie, Sieur de St. Castin, went into the wilderness. Probably by
the way of the Kennebec he drifted into Acadia, and at some date after
the surrender of the fort at Pentagoet by Captain Richard Walker to the
Chevalier de Grand-Fontaine, August 5, 1670, according to the treaty,
he appears in the locality which now bears his name. There he lived
for more than thirty years, safeguarding the interests of France on
the border and trading with the Indians and the English. M. de
Denoville, in his report to the Minister of France, 10 Nov., 1686, described
him as a gentlemanly officer, daring and enterprising, loyal, the ruler of
the savages, "quite solicitous of honor," and having lately come into a
yearly income of 5000 French francs. "It is true that he has been addicted
in the past to libertinism . . . but he has very much reformed and has
very good sentiments." M. de Menneval, i Dec., 1687, writes: "The

"The name given by the French to Nova Scotia including the present New
Brunswick and eastern Maine. France claimed the country as far as the Kennebec,
but would probably have accepted the Penobscot as the boundary, had the English
made the offer.

!6 HISTORY OF MAINE

Sieur de St. Castin is absolute master of the savages, the Canibas, (that
is, the Kennebec Indians), and of all their business, being in the forest
with them since 1665, and having with him two daughters of the chief of
the savages, by whom he has many children." On 10 Sept., 1688, Menneval
reports: "I have induced the Sieur de St. Castin to live a more regular
life. He has quitted his traffic with the English, his debauchery with the
savages, he is married, and has promised me to labor to make a settle-
ment in this country." In 1693 a French census reports him at Pentagoet,
aged fifty-seven, with a wife and one child. This wife was Mathilde, the
youngest daughter of Madockawando, with whose other daughters he
had consorted previously. A contemporary English account says that he
had three or four Indian wives. Anselm, his son by Mathilde, married
Charlotte 1' Amours, of Port Royal, 1/07, and Anastasie, his daughter by
the same, married at the same time (1707) the Baron of Belleisle. A
•daughter by another Indian woman was married to an Indian in Port
Royal, and he had a second acknowledged son, Joseph Dabadis, or
Robardie. The Penobscot chief Orono traces to St. Castin, and the
Aitteons are reputed to have the same descent.

Of the last years of the Baron Castin, nothing certain is known.
Popular report has it that he went back in 1701 to Oleron, France, taking
his Indian wife with him, being called to France to answer a charge of
illegal trading with the English. But Parkman says that there exists a
plan for the capture of Boston, made in 1702 by the Baron Castin. Nothing
is known of him after this ; but he stands ever the supreme incarnation
of romance on the Maine coast, as vivid as his great contemporary, Dumas's
"D'Artignan."

In 1664 Charles II. gave the yet to be conquered New Netherlands
to his brother, the Duke of York. He also granted him the territory
between the Penobscot and the St. Croix. It received a simple form of
government under the name of the county of Cornwall, and retained
a slight connection with New York until New York and New England
were united under the rule of Andros. The Treaty of Breda gave half
•of Cornwall to France, and Massachusetts, fearing that the rest might
follow ordered a new demarcation of her limits. The surveyor reported
that the point through which the east and west line which formed her
northern boundary ought to run had been placed too far south and that
the true line would cross the Kennebec near what is now Bath, terminate
at Penobscot Bay, and include Pemaquid, Monhegan and other important
places. Commissioners were sent to this district, the people were sum-
moned to swear allegiance, and a new county called Devonshire was estab-
lished and organized.

For twelve years Massachusetts ruled Maine as Lord Proprietor,

NOTE— For the above account of Castine the author is indebted to Mrs. Fannie
Hardy Eckstorm.

COLONIAL MAINE 17

then in 1684 her charter was declared forfeited by the Court of King's
Bench, and with the rest of New England she was placed under the rule
of Andros. In 1689 James II. was deposed and William of Orange made
king. At the first news of William's invasion of England the people of
Massachusetts had risen, imprisoned Andros and established a provisional
government, restoring the officers who had acted under the former charter.
They hoped that their zeal would be rewarded by its restoration, but
though William was well disposed toward them there was great opposi-
tion to again conferring on Massachusetts privileges which made her almost
independent, and she was obliged to accept a new charter less liberal than
the former, the Governor being appointed and removed by the King.
Maine and Sagadahoc were made a part of Massachusetts instead of
dependencies, and it was provided that three of the Governor's Council
of twenty-eight should be residents or landowners of Maine and one of
Sagadahoc. No lands east of the Kennebec could be granted without
the previous approval of the Crown.

In order to soften the disappointment of Massachusetts at not regain-
ing her old charter, a resident of Boston born in the province was appointed
the first Royal Governor. The person chosen was Sir William Phipps, a
native of Maine. Phipps may be considered the first of America's self-
made men." He was one of twenty-six children of a farmer living near
the mouth of the Kennebec. Parkman says of him:

"His parents were ignorant and poor, and till eighteen years of age
he was employed in keeping sheep. Such a life ill-suited his active and
ambitious nature. To better his condition, he learned the trade of ship-
carpenter, and in the exercise of it came to Boston, where he married .1
widow (also a native of Maine), beyond him in years and much above
him in station. About this time he learned to read and write. . . .
Still aspiring to greater things, he promised his wife that he would one
day command a king's ship and own a fair brick house in the Green Lane
of North Boston, a quarter then occupied by citizens of the better class.
He kept his word at both points."

Phipps never concealed the humbleness of his origin ; indeed, he was
very proud of having been the architect of his own fortune, and fre-
quently boasted of the fact.

After various unsuccessful ventures he determined to find a Spanish
treasure galleon sunk in the West Indies some fifty years before. He
induced the English Admiralty to give him a frigate for the purpose, but
after long search returned unsuccessful. He had, however, shown the
stuff of which he was made by quelling two mutinies. In one of these it
is narrated :

"The crew, tired of a vain and toilsome search, came to the quarter-
deck, armed with cutlasses, and demanded of the captain that he should

"He was also the first person born in what is now the United States to receive
a title from the English crown.

MK.— 2

i8 HISTORY OF MAINE

turn pirate with them. Phipps, a tall and powerful man, instantly fell upon
them with his fists, knocked down the ringleaders, and awed them all
into submission. Not long after, there was a more formidable mutiny ;
but, with great courage and address, he quelled it for a time, and held
his crew to their duty till he had brought the ship into Jamaica, and
exchanged them for better men.

"Though the leaky condition of the frigate compelled him to abandon
the search, it was not till he had gained information which he thought
would lead to success ; at his return he inspired such confidence that the
Duke of Albemarle, with other noblemen and gentlemen, gave him a fresh
outfit and dispatched him again on his quixotic errand. This time he
succeeded; found the wreck, and took from it gold, silver and jewels to
the value of three hundred thousand pounds sterling. The crew now
leagued together to seize the ship and divide the prize ; and Phipps, pushed
to extremity, was compelled to promise that every man of them would
have a share in the treasure, even if he paid it himself. On reaching
England he kept his pledge so well that, after redeeming it, only sixteen
thousand pounds was left as his portion, which, however was an ample
fortune in the New England of that day. He gained, too, what he valued
almost as much, the honor of knighthood. Tempting offers were made
him of employment in the royal service ; but he had an ardent love for his
own country, and thither he presently returned."

For his native village, Phipps always retained an affection, and though
his temper was quick he never bore malice and often treated his opponents
with great magnanimity. His free use of cane and fists, for which there
was more provocation than one would suppose from reading Parkman's
account of him, gave an opportunity for his enemies to cause him to be
summoned to London to defend himself. Before a decision had been ren-
dered he was attacked by a malignant fever of which he died on February
i8th, 1695."

Phipps' appointment as Governor was largely due to the influence of
the Mathers, who perhaps hoped that they could use him. He had never
shown the qualifications needed for the delicate and difficult position of first
Royal Governor of Massachusetts, and he had recently failed in a post
for which he might have been supposed to be well fitted, that of Admiral-
General. Massachusetts had revolted against Andros in the midst of an
Indian war. The French joined them. Maine was ravaged both by sav-
ages and by Acadian privateers, and by the autumn of 1691 only four
towns in Maine, — Wells, York, Kittery and Appledore, — were inhabited.
In 1692 York was attacked, many of the houses burned, and about half the
inhabitants killed or carried into captivity; but the fort was bravely de-
fended, and the Indians were unable to take it. Wells was next assailed,
the enemy using a movable breast-work and a fire-boat, but here also they
were beaten off.

On their part, the English attacked Nova Scotia and even Quebec.
In 1689 Phipps captured Port Royal, and appears to have plundered the

"Parkman, "Frontenac and New France under Louis XIV," 252-254.

OLD YORK- JAIL, BVII.T IX

COLONIAL MAINE 19

French Governor contrary to the terms of the capitulation." In the
following year he led a force raised by Massachusetts at an expense far
beyond her means, against Quebec. The expedition was delayed by un-
favorable winds, and an invasion by way of Lake Champlain, which had
been relied on for a diversion, was not made. Phipps, as always, showed
personal courage, but displayed little ability as a commander. At first slow
and hesitating, he finally attacked without waiting to properly co-ordinate
his land and sea forces, and was repulsed and abandoned the siege. If,
however, he had continued the blockade a little longer, the city might have
yielded not to arms but to the fear of famine. All the farmers were in
the garrison and could not be spared, but unless the harvest were gathered
there would be no food for the next winter.

In 1697 peace was made between France and England by the Treaty
of Ryswick, which provided that the colonial boundaries should be the
same as at the outbreak of the war.

In 1702 France and England again declared war, and the Indians
of Maine, breaking a treaty which they had just made, fell upon the settle-
ments. The war lasted until 1713, and though no towns were completely
destroyed, Maine suffered severely. The Indians, however, lost over a
third of their number by the sword and by disease, and, says Williamson,
"Their strength and importance were broken, never to be repaired." By
the treaty concluded between France and England at Utrecht, Nova Scotia
or Acadia was ceded to England, thus depriving the French of a vantage
ground for attack, and, according to the English interpretation of the
treaty, annulling the claim of the French to the territory between the St.
Croix and the Kennebec. The French, however, denied that they had sur-
rendered this district. They also kept possession of the island of Cape
Breton, and somewhat later they erected there a strong fortress built in
the most scientific manner, to which and to the town that grew up around
it, was given the name of Louisbourg.

Shortly after the treaty, Massachusetts annexed the country between
the Kennebec and the St. Croix to the county of Yorkshire. During the
next twenty years attempts were made by various persons in England to
erect the old Sagadahoc territory into a separate colony, but Massachusetts
succeeded in maintaining her rights.

Massachusetts was obliged to defend her eastern territory not only
against lawyers and politicians, but against Indian raids and French in-
trigues. As England and France were at peace, the Governor of Canada
did not think it advisable to aid the Indians directly, but he earnestly
endeavored to keep them loyal to France. His chief agents were the
Jesuit missionaries, of whom the best known was Father Sebastian Rale."

"Parkman says of Phipps that "New England writers describe him as honest in
private dealings ; but ... he seems to have thought that anything is fair in \var."
"Also spelled Rale, Rale and Rasle.

20 HISTORY OF MAINE

Rale left France in 1689 to undertake the hard and often disgusting
labors of a missionary to the North American Indians. He spent some
time among the Indians near Quebec, served for two years as a mis-
sionary to the Illinois, was then recalled to Quebec and sent to the village
of Narantsook (Norridgewock) where he remained until his death, thirty
years later. Rale was well educated, a good classical scholar, and, what
was more important for his work, a resolute, self-sacrificing man, devoted
to his flock and anxious for their spiritual welfare.

Rale had, however, certain defects. His letters show self-sufficiency,
pride in his success, and readiness to believe the stories told by the Indians,
although he knew that they were liars. He interested himself in the tem-
poral as well as the spiritual welfare of the tribe, and some of the means
which he took to defend them from what he regarded as injustice and
robbery could not fail to draw upon him the hatred of the English. He
not only denied the validity of treaties by which the Indians had sold their
lands, but even asserted that the land could not be sold at all because the
tribesmen were only trustees for their children." He wrote letters to the
English assuming the position of champion and protector of the Indians,
and advised the latter not to pay for cattle they had killed east of a line
which they claimed as their boundary. He incited them to prevent the
spread of English settlements, threatened with excommunication any one
who should visit England, and brought Indians from the Penobscot, the
Piscataqua, and even from Canada, to attend a conference with the English
and strengthen the party oposed to a treaty. He told the Indians that he
would assist them in a just war, accompanied an expedition which attacked
an English fort, and showed himself among the assailants to irritate
those within.

In his defense it has been urged that there was an uncertainty as to
what was ceded to England by the Treaty of Utrecht and that Rale, a
Frenchman, was warranted in assuming that the interpretation given by
the government of France was the correct one.

His conduct caused both anger and alarm in Massachusetts, and after
considerable hesitation an expedition was sent to Norridgewock to seize
him. It failed, but so narrow was Rale's escape that he attributed it to an
intervention of Providence. Rale saved the vessels of the church, but his
"strong box" containing important letters from the Governor of Canada
and a dictionary of the Abenaki language prepared by him, fell into the
hands of the English."

In August, 1724, war having broke out with the Indians, another
expedition was sent against Norridgewock. The village was found entirely
unprepared. The inhabitants fled after a slight resistance, some twenty-

"There was some justifiaction for these claims in Indian "law."
.Ihei-u°x is "°YTin the Possession of the Maine Historical Society; the dictionary
p library of Harvard University; copies of the letters are in the Record Office
in London, but the originals have been lost

SI I! WILLIAM I'KPPERILL

COLONIAL MAINE 21

eight of them were killed, and Rale with them. Two-thirds of the dead
were women and children. The assailants lost but one man, a Mohawk.

The manner of Rale's death is uncertain. According to the Indian
account, he rushed out at the first alarm, exposing himself to the English
in the hope of drawing their attention from the Indians, and was shot
down. The English said that Rale was killed while desperately defending
a cabin and that he refused quarter, saying that he would neither take nor
give it. Perhaps the judgment of Shea, an eminent Catholic authority,
may be regarded as the most probable. He considers the whole English
account untrustworthy except (a very important exception), that Rale
"was killed in a cabin from which a vigorous defense was being made."

The chapel at Norridgewock was burned, Rale's body is said to have
been horribly mutilated, and his scalp was borne in triumph to Boston. Th^
sack of Norridgewock, the death of Rale and other disasters which the
Indians met with completely discouraged them and in 1725 a treaty of
peace was signed.

In 1844 war again broke out between France and England. The prin-
cipal success of which England could boast was won for her by a Massa-
chusetts army aided by contingents from Connecticut and New Hampshire,
and by an English fleet. A large part of the glory of the achievement
belongs to Maine. It is to Governor Shirley of Massachusetts that the
chief credit is due for inducing the Legislature to undertake the enter-
prise, but it is claimed that it was suggested to him by William Vaughan,
owner of a fishing and trading station at Matinicus and lumber mills at
Damariscotta, Maine.

The little Massachusetts squadron that co-operated with the English
fleet was commanded by Edward Tyng of Falmouth (now Portland). The
commander of the land forces was William Pepperell of Kittery. Pep-
perell was the son of a Welshman who had emigrated to Kittery when a
young man, and had acquired a fortune by means of commerce, shipbuild-
ing and the fisheries. William inherited most of this property and greatly
increased it by his ability and industry, and passed for many years as the
chief merchant and landowner in New England. He dealt in ships, lumber,
naval stores, fish and miscellaneous goods brought from England ; and he
also prospered greatly by successful land purchases, becoming owner of
the large part of the towns of Saco (then a part of Biddeford) and of
Scarborough.

Maine was full of ardor. It is said that in Wells sixty-one men, a
fourth of those liable to bear arms, volunteered." The oldest soldier in
the company was sixty years of age, the youngest sixteen. Maine appears
to have sent a third of her citizen-soldiery to Louisbourg, and they con-
stituted nearly a third of the troops furnished by the colony, although
Maine had only about 12,000 inhabitants, while Massachusetts proper had
some 152,000.

"The troops were raised entirely by voluntary enlistment.

22 HISTORY OF MAINE

Parkman lays great stress on the impossibility of finding a suitable
commander for the siege of such a place as Louisbourg. He says: "The
province had been at peace for twenty years, and, except some grizzled
Indian fighters of the last war and a few survivors of the Carthagena
expedition,"0 nobody had seen service. Few knew well what a fortress was,
and nobody knew how to attack one. Courage, energy, good sense and
popularity were the best qualities to be hoped for in the leader. Popularity
was indispensable, for all the soldiers were to be volunteers, and they
would enlist only under a commander whom they liked." Parkman admits,
indeed, that "Shirley's choice of a commander-in-chief was, perhaps, the
best he could have made, as Pepperell joined unusual popularity with as
little military incompetence as anybody else who could be had." Parkman,
however, seems to consider him as lacking military instincts as well as
military training. He says : "The painter Smibert has left us a portrait
of Pepperell, — a good bourgeois face, not without dignity, though with no
suggestion of the soldier." The description is not inaccurate, but Pepper-
ell's letters show more of the soldier's spirit than does his face. In
October, 1743, Governor Shirley had informed Colonel Pepperell of the
danger of a war with France, and had bidden him to send the news to
places that would be in danger of attack. Pepperell forwarded a copy
of the Governor's letter to all the captains in his command, and added:
"I hope that He who gave us breath will give us the courage and prudence
to behave ourselves like true-born Englishmen." When the men were
enlisting for the Louisbourg expedition, Pepperell wrote to a friend in
Berwick: "Yesterday I heard that Captain Butler had enlisted, in Ber-
wick, nearly his fifty brave soldiers. This news is like a cordial to me.
Last night I received a letter from the war committee saying they thought
there was (upon our completing five or six companies of our brave county
of York men) the full number proposed to be enlisted and more, so that
there will be a number cleared off, but you may be assured that our brave
county of York men shall not be cleared off, unless they desire it."

The position of second-in-command, with the rank of major-general,
was intended for Samuel Waldo. Though a resident of Boston, he was
a large owner of Maine lands and was colonel of a regiment of Maine
militia." Massachusetts, however, had appealed to other colonies for aid,
and both New Hampshire and Connecticut sent troops. The latter offered
five hundred men on condition that their commander should hold the second
place in the expedition. Accordingly, Waldo was obliged to content him-
self with the rank of brigadier. Vaughan accompanied the expedition as
a volunteer without command. He was, however, given the rank of lieu-
tenant-colonel, and made a member of Pepperell's council A naval escort

"Massachusetts had contributed a small contingent to the army which accom-
P «lu .r.a) Vernon In h's unsuccessful attack on Carthagena in 1741.

The militia had some time previously been divided into two regiments, Pepperell
being colonel of the western and Waldo of the eastern.

COLONIAL MAINE 23

was necessary, and a fleet of thirteen armed vessels was collected. Shirley
chose as its commander a Maine man, Edward Tyng of Falmouth. He
had distinguished himself the preceding year by capturing a French priva-
teer of superior force, and in acknowledgment of his "good service done
the trade" several Boston merchants presented him with "an elegant silver
cup suitably engraved, of the weight of about one hundred ounces." But
if while the siege was in progress one or two large men-of-war should
attack Tyng, it was probable that his whole force would be destroyed and
that the troops on shore, with their line of supply and retreat cut, would
be obliged to surrender or starve. Fortunately Shirley was able to induce
Commodore Warren, who commanded a small squadron in the West Indies,
to join the expedition.

The bulk of the troops arrived off Louisbourg the 3oth of April, and
thanks to the skillful management of Pepperell a landing was effected with
trivial loss. On the next day a panic of the French officers and the readi-
ness and daring of Vaughan put the Great Battery at the entrance to the
harbor into Pepperell's hands. The enemy had made a hurried attempt to
disable the cannon but with only partial success. They were soon made fit
for service and many of them were turned against the fortress, General
Waldo firing the first gun. It was necessary, however, to drag them over
more than two miles of swampy land to bring them within bombarding
range of Louisbourg. The New Englanders worked with great zeal and
courage but with small regard for the technique of siege warfare, and had
the enemy been more energetic they might have paid dearly for their
rashness. They knew little of the management of artillery, and Warren
sent some gunners from the fleet to instruct them. They also were careless
about loading, and the better to breach the enemy's works they persisted
in double shotting the guns. The results were serious. Some of the most
valuable pieces, including the largest mortar, were broken or disabled.
Officers who were scarcely less valuable than the guns themselves, were
also rendered hors du combat by this lack of skill or care. On May 17
Waldo wrote to Pepperell : "Captain Hale of my regiment is dangerously
hurt by the bursting of another gun. He was our mainstay for gunnery
since Captain Rhodes's misfortune." Captain Rhodes had also been dis-
abled by the bursting of a cannon. But notwithstanding these accidents
the bombardment was very effective. An attempt to storm an island
battery proved a costly failure, but this was more than compensated by
the capture of a French 64 which was bringing stores for the garrison.
Pepperell and Warren were about to venture a general assault when, on
June 15, the French commander, Duchambon, offered to surrender. The
success of an attack was doubtful, a relieving squadron might appear at
any time, liberal terms were therefore granted, and Louisbourg opened
its gates.

It was a remarkable achievement. The sarcastic Dr. Douglas, then

24 HISTORY OF MAINE

living at Boston, says that "the expedition had a lawyer for contriver, a
merchant for general, and farmers, fishermen, and mechanics for soldiers."
Much of the success was due to Pepperell, who kept his undisciplined
troops in reasonable order, maintained a good understanding with his
officers, and, what was more difficult, with Commodore Warren. Warren
co-operated loyally in the siege, but he was anxious lest a French fleet
should come to relieve the place, and in urging the necessity of vigorous
action sometimes forgot both justice and courtesy. Pepperell behaved
with moderation and dignity, and happily there was no permanent ill-
feeling between the land and sea commanders, who remained friends
for life.

The news of the victory was received with rejoicing in London, the
Tower guns were fired, Warren was made an admiral, and Pepperell a
baronet. The grant of a baronetcy was the first instance of such an honor
being conferred on a native of what is now the United States ; priority has
been claimed for Sir William Phipps, but he was merely knighted. The
King ordered two regular regiments to be enlisted in America, and ap-
pointed Pepperell and Shirley their colonels. Vaughan, who had done so
much toward making the expedition a success, was passed over. He went
to London, hoping to obtain some recognition, but died there without
securing it."

In 1748 peace was made between England and France at Aix-la-
Chapelle, and a mutual restitution of conquests was agreed on. Louisbourg
was therefore surrendered to the French. The New Englanders were
extremely angry at what they regarded as an unjustifiable sacrifice of their
interests," but Great Britain had lost Madras and had been beaten in the
Netherlands, and was fully warranted in making peace on the terms she
did. The treaty of Aix-la-Chapelle was scarcely more than a truce, and
war between France and England was again formally declared in 1756.
Fighting had begun in America in 1754, and what should certainly be styled
war in 1755.

Maine suffered during the war from Indian raids, ambushes and
murders, but more serious invasions were feared and several new forts
were built to protect the settlements. It had been reported that the French
were planning to erect a fort on the Kennebec or at one of the carrying
places between it and the Chaudiere, a tributary of the St. Lawrence. To
meet the supposed danger a timber fort one hundred feet long and forty
broad, was erected on the site of the present Winslow and named Fort
Halifax in honor of the President of the Board of Trade, the Earl of
Halifax, sometimes called on account of his services to American com-
merce the "Father of the Colonies."

"Parkman, "The Capture of Louisbourg by the New England Militia," Atlantic
Monthly for March, April, May, 1891.

"A similar situation would have arisen in South Africa if Great Britain had been
obliged to restore the German colonies.

FORT HALIFAX

FOKT POWNALL

OLD FOItT WILLIAM HKNKY. I'KM.MJU 1> 1IKAC1I

COLONIAL MAINE 25

The owners of the Plymouth Patent, or the Kennebec Purchase as it
was now called, erected two forts at their own expense. One, called Fort
Western, was situated at the head of sloop navigation on the Kennebec,
where Augusta now stands. It was about the size of Fort Halifax, and
was intended mainly as a depository of provisions and munitions for its
garrison. The other, named Fort Shirley, was on the site of the present
town of Dresden. It was merely a stockade two hundred feet square,
containing two block-houses.

But most important of all was Fort Pownal, built on what is still
known as Fort Point, in the present town of Prospect. Governor Pownal
himself led an expedition to the Penobscot and ascended the river until
the vessels could go no farther. In his journal he says :

"P. M. Landed on the east side the river with 136 men, and pro-
ceeded to the head of the first falls, about four miles and a quarter from
the first ledge. Clear land on the left for nearly four miles. Brigadier
Waldo, whose unremitted zeal for the service had prompted him at the
age of 63 to attend me on the expedition, dropped down just above the Falls
of an apoplexy, and notwithstanding all the assistance that could be given
him, expired in a few moments.

"At the head of the Falls — buried a leaden plate with the following
inscription :

"May 23, 1759, Province Massachusetts Bay.

"Dominions of Great Britain — Possession confirmed by T. Pownal.
Governor."

General Waldo's remains were brought down to the site chosen for
the fort and were buried with military honors, a religious service, and a
sermon by the Rev. Mr. Philipps, "the first sermon ever preached within
the limits of Waldo county." The body was later taken to Boston and
interred in the graveyard of King's Chapel.

The fort when completed was the most elaborate and expensive in
the province. It was ninety feet square, surrounded by a ditch and a
palisade, and had in the center a block-house mounting cannon.

There was no battle on Maine soil during the French and Indian War.
but troops from Maine took some part in the fighting beyond her borders.
In 1756, Pepperell's regiment14 was captured by Montcalm at Oswego.
Pepperell, himself, however, was not present. He had been made a
major-general in the royal army, and, as was customary, while keeping his
regiment, left the actual command to the lieutenant-colonel. In the fol-
lowing year the capture of Fort William Henry threw Massachusetts into
a panic, and Pepperell was sent for to organize the defense. In February,
1759, he was promoted to the rank of lieutenant-general in the British
army, but did not long enjoy his new honor, dying at his home in Kittery;

"The regiment given him in the preceding war had been disbanded but another
had been raised for him when war again broke out.

26

HISTORY OF MAINE

on July 6, less than two months after his companion in arms, General
Waldo.

But if Pepperell had not the happiness of seeing the conquest of Can-
ada, he at least lived to know that the flag of England once more waved
over Louisbourg. In 1758 the fortress was captured by a British fleet and
army. In September, 1759, Quebec was taken ; in the following year Mont-
real and all Canada surrendered; and in 1763 the Peace of Paris trans-
ferred the whole province to England. An epoch was now completed.
Essentially, if not legally, the colonial period was over. The struggle for
independence was about to begin.

Chapter II
THE REVOLUTION

CHAPTER II
THE REVOLUTION

When England attempted to compel the colonies to pay taxes laid by
Parliament, Maine took an early and active part in the resistance which
the new policy at once called forth. Falmouth, the principal town of the
Province, joined in non-importation agreements. In that of 1767 Boston
took the lead and a Falmouth town-meeting formally thanked her people
for "their seasonable and very laudable attention to, and concern for, the
happiness and welfare of this province as well as of the whole continent."
When the port of Boston was closed by act of Parliament, Maine was
prompt both with her sympathy and with contributions for relief. On the
day the Boston Port Bill took effect, the bell of the Falmouth first parish
was muffled and tolled from sunrise until nine o'clock in the evening. In
January, 1775, Falmouth sent to the suffering town fifty-two cords of
wood, and in March of the same year a second lot of thirty-one cords.
Cape Elizabeth sent forty-four cords. The other towns in Maine which
contributed cash and supplies were York, North Yarmouth, Kittery, Ber-
wick, Biddeford, Scarborough, Wells, and Gorhamtown.

Maine's zeal for liberty was manifested in less peaceful ways. Stamped
clearances were taken from the Custom House by a great crowd and
publicly burned, goods seized under the revenue act were carried off by
a body of masked men at night, and the comptroller was mobbed to
compel him to state who had informed against a vessel seized for smug-
gling. Two persons were convicted of riot, probably on account of the
latter affair, and sentenced to jail, but some thirty men armed with clubs,
axes and other weapons stormed the building and rescued them. When
the Province charter was changed by Parliament after the Boston Tea
Party, a county convention and a mass convention at Falmouth compelled
Sheriff Tyng to make a public statement that he had not acted or endeav-
ored to act under the new law, and that he would not do so unless by the
general consent of the county.

In the latter part of 1774, war was clearly at hand and the people
made ready. There was much disorder, arms were secured and minute-
men organized, Tories were carefully watched and were often subjected
to insults and harsh treatment.

"The battle of Lexington was fought on the morning of April 19,
1775, the news reached York that evening, and Captain Johnson Moulton
collected his company of over sixty men from that old town, and marched
on the morning of the next day toward Boston, making fifteen miles and
crossing the ferry over Piscataqua river before night. This was the
first company that marched from the Province of Maine in (the) war of
the Revolution.

"The first information of the battles of Lexington and Concord reached

3o HISTORY OF MAINE

Falmouth Neck before daylight of April 21, and created much consterna-
tion and alarm. That day Capt. John Brackett's company marched toward
Boston, followed by companies under command of Capt. Hart Williams,
Wentworth Stuart, Abraham Tyler, and probably others from Cumberland
county. These were the militia then organized for any immediate service.
They proceeded as far as Wells, about thirty miles, when they were ordered
to return home to guard the seacoast."1

The people of Falmouth had special reason for apprehension, since a
British sloop-of-war, the Canceaux, Lieutenant (commonly called Captain)
Mowatt, commander, was lying in the harbor for the express purpose of
protecting one of the Loyalists, Captain Thomas Coulson, in fitting out a
new ship, the rigging having been brought from England contrary to the
non-importation agreement. Mowatt was no stranger to Maine. In 1759
he had accompanied Governor Pownall on his expedition up the Penobscot,
and from 1764 to 1774 he had been employed in the survey of the coast
of North America. In 1774 he was stationed off Boston to enforce the
closing of the harbor. Mowatt was now in his forty-second year. Nat-
urally of a quick temper and stern in executing the orders of his superiors,
he was also capable of showing much kindness and consideration."

Under the protection of the Canceaux, Coulson began to transfer the
rigging to his new ship. But no Falmouth man would help in the work,
and it seemed that Coulson's scheme must fail unless Mowatt should lend
him a part of his crew. Mowatt was said to have impressed seamen, and
it was suspected that they were wanted not for the Canceaux but for
Coulson's ship. There was great excitement, and in the midst of it came
the news of Lexington. Troops were raised at once, but no injury or insult
was offered to the Canceaux. The merchants feared a bombardment of
the town and the destruction of their property; moreover, there was a
scarcity of provisions, vessels with supplies were expected a little later, and
should the British blockade the town great suffering must result. There-
fore, far from attacking Mowatt, the committee of correspondence exerted
itself to prevent others from doing so. Nevertheless, General Samuel
Thompson of Brunswick, a very energetic Whig, quietly brought a body of
armed men to Falmouth Neck and seized Mowatt, who was unsuspectingly
taking a walk. The town was thrown into wild excitement. Some Tories
declared that the Falmouth militia ought to rescue the prisoners. At last
Thompson consented to allow Mowatt to go to the ship for the night, on
promising to return the next morning. He, however, broke his word,
alleging that several men had threatened to shoot him. Thompson had
been reinforced by several militia companies of the neighborhood, but there
seemed to be no way of getting at the Canceaux, and the leading men of
Falmouth finally induced their unwelcome guests to return home.

'Goold, "Col. Edmund Phinney's 3ist Regiment of Foot," Coll. Me., Historical
Society, II : VII, 86-87.

'See Col. Brewer's letter in Appendix II:io of Wheeler's "Castine."

THE REVOLUTION 31

Two boats, one of which at least belonged to the Canceaux, had been
seized and hauled overland to Back Cove. Saturday, Mowatt wrote to the
town demanding the return of the boats and the expulsion of the "cowardly
mob from the country." On Monday an answer was given that "the town
disapproved of the proceedings of the armed body, but . . . were
unable to resist them." Apparently Mowatt was satisfied with this state-
ment, for he sailed away, accompanied by Coulson and the new ship that
had caused so much trouble.

The reply of the town was more prudent than patriotic, but it was
strictly true. The whole affair was extremely disagreeable to the leading
Whigs. They were men of means and position, they were anxious for
their property, and were inclined to look down on "the mob."

A member of the committee of safety, probably the chairman, General
Preble, wrote on May n, "Good God! Give us a regular government or
we are undone," and two days later, "God grant that order may come out
of confusion, and that Congress would give such directions in all parts
of the province that no such tumultuous assemblies may be seen, heard or
felt again."

On June 7 a small man-of-war, the Senegal, arrived in the harbor, and
five days later came Coulson in his new ship to get a number of masts
belonging to him, but they were floated out of his reach. A boat he sent
for them was seized, but her crew was released after a short detention,
and the Senegal withdrew without injuring the town. Though no further
effort was made to obtain the masts, the treatment of Coulson and Mowatt
in Falmouth was not forgotten, and of this the town was to have bitter
proof.

On October 16, the Canceaux, accompanied by several other vessels,
appeared at the entrance of the harbor. The people supposed that they
had come to obtain provisions from the islands in Casco Bay. There were
two companies of militia stationed at Falmouth, and the greater part of
one company and a portion of the other were sent to guard the islands.
The next day Mowatt anchored his fleet opposite the most thickly settled
part of the town, and in the afternoon sent an officer on shore with a
letter that Rev. Mr. Deane described as "full of bad English and worse
spelling," in which he stated that he was ordered to inflict "a just punish-
ment" on Falmouth for her ingratitude and rebellion, and gave the inhab-
itants two hours to remove the "human specie" from the town. A com-
mittee was sent to beg for better terms but could only obtain a respite until
eight the next morning and a promise from Mowatt that if the people would
surrender their arms he would await further orders from Admiral Graves
at Boston, who he had no doubt would direct him to spare the place.

The next morning the people of Falmouth courageously refused the
terms, and Mowatt bombarded the town almost continuously from nine in
the morning until six in the evening. A detachment of marines accom-

32 HISTORY OF MAINE

panied the squadron and furnished landing parties, who set fire to numerous
buildings. No lives were lost on either side, and but one man was severely
injured, a citizen of Falmouth, Reuben Clough by name. One hundred
and thirty-six dwelling-houses were destroyed, also the courthouse, town-
house, customhouse and Episcopal church. The selectmen stated that "as
near as we can judge, about three-quarters of the buildings, reckoning
according to their value, are consumed." The people were too alarmed
and confused to offer any real resistance, though a small force well handled
might have driven off the landing parties and prevented much of the
mischief. The citizens of Falmouth were afterward blamed for not throw-
ing up a breastwork in the night, but they were very anxious to save their
property ; there was not enough ammunition in the town to answer the
ship's bombardment for an hour, and, most important of all, there was no
leadership. A few weeks later Rev. Mr. Deane wrote to a friend in the
Massachusetts Congress :

"About two-thirds of the buildings, in general the best, have
been laid in ashes by Mowatt. He could not have done it if the sixty men,
in the province pay stationed here, had been properly commanded. The
company is by your honorable Court put under the direction of a com-
mittee. The committee were so employed in getting out their families and
effects that they did not assemble to give orders. Individuals of the com-
mittee gave contrary directions to the captain, so that all the opposition
made to the landing of men with torches during the cannonade was by
volunteers without any leaders or direction."

The village of Machias had been threatened with a fate like that of
Falmouth, but escaped it and won much honor in doing so, thanks to the
courage and energy of some of her citizens and of those of the adjoining
plantations.

Captain Ichabod Jones, a leading citizen of the little settlement, then
only twelve years old, had been allowed by Admiral Graves to bring a
shipload of provisions from Boston in his vessel, the Unity, on condition
that he return with lumber which was much needed by the British army
for the construction of barracks. To ensure the arrangement being carried
out, he was accompanied by a small armed tender, the Margaretta, com-
manded by Midshipman (commonly called Captain) Moore. The town,
being in great need of provisions and under the guns of the tender, agreed
to the terms, but Captain Jones refused to sell provisions to those who
had voted against allowing him to carry off the lumber. Angered at his
conduct, some of the leading patriots sent to the neighboring settlements
for help, and after an unsuccessful attempt to capture Jones and Moore
while attending church, attacked the tender. There was some shooting
without injury on either side, and next morning the Margaretta made off.
What followed is thus described in a letter written two days later to the
Massachusetts Congress by the Machias committee of correspondence:

l. 1> III ItMIAM TAVKHN. MACIIIAS

THE REVOLUTION 33

"About forty men, armed with guns, swords, axes, & pitch forks, went
in Capt. Jones's sloop, under the command of Capt. Jeremiah O'Brien ;
about twenty, armed in the same manner, & under the command of Capt.
Benjamin Foster, went in a small schooner. During the Chase, our people
built them breastworks of pine boards, and anything they could find in the
Vessells, that would screen them from the enemy's fire. The Tender, upon
the first appearance of our people, cut her boats from the stern, & made
all the sail she could — but being a very dull sailor, they soon came up with
her, and a most obstinate engagement ensued, both sides being determined
to conquer or die : but the Tender was obliged to yield, her Captain was
wounded in the breast with two balls, of which wounds he died next morn-
ing ; poor Mr. Avery* was killed, and one of the marines, and five wounded.
Only one of our men was killed and six wounded, one of which is since
dead of his wounds.'"

Tradition, and the recollections of survivors, some of which were
given twenty-five and others over forty years later, make many additions
to the story. One is that only O'Brien's vessel took part in the attack on
the tender, Foster's having grounded. Whatever the difference in details,
the fact remains that the action was highly creditable to the Americans
who, with no cannon, few muskets, and little powder, attacked an armed
vessel manned by sailors of the English navy, well supplied with arms and
ammunition.

Maine was not only an object of attack, it served as a base, at least
a highway, for an invasion of the provinces which were unable or unwilling
to join in the revolt.

In 1775 Benedict Arnold made his famous march through the Maine
wilderness to Quebec. One division which contained a small company of
Maine volunteers lost courage and returned to the settlements, and the
Maine captain was one of the officers who voted to retreat. It may be
said in excuse that the situation of the troops was most perilous, and that
those who pressed on barely escaped starvation, but they did reach Quebec,
and Professor Justin H. Smith says in his elaborate study of Arnold's
march that probably there was no need for the whole division to return.

The second attack on the British by the way of Maine was an ill-
judged and disastrous invasion of Nova Scotia by a handful of men led
by a refugee, Colonel Eddy, who hoped that the settlers from New England
living in the province would join them. A number did so, but troops from
Halifax broke up their camp and destroyed a great part of their stores.
Eddy was compelled to fall back to the St John, and then to abandon Nova
Scotia entirely. Many of those who joined him were obliged to flee from
the country, leaving their families in great distress. The expedition was a
rash one, and accomplished little beyond bringing hardship and exile to
many worthy friends of America. A second attempt under another refugee,

*He had been impressed to act as pilot.
"'Documentary History," II: XIV, 280.

ME.— 3

34 HISTORY OF MAINE

Colonel John Allan, also failed. The British, fearing further attack,
sent an expedition against Machias which was repulsed, thanks to the
courage of the inhabitants and of a number of friendly Indians who were
in the town for a conference.

No further attack was made on Machias, but the whole country east
of the Penobscot was subjected to harrassing visits by the British vessels of
war. Particularly was this the case after the occupation of the Castine
peninsula in 1779. Communication with Boston was almost cut off, there
was often the most serious scarcity of provisions, an illicit trade with
Nova Scotia sprang up, and many were ready to accept neutrality or even
to submit to the enemy.

The British also made repeated efforts to win over the St. John and
Passamaquoddy Indians, but Colonel Allan, though greatly hampered by
lack of troops, of money and of supplies, and by the misconduct of traders,
succeeded in keeping them faithful to the Americans. He was, however,
obliged to resort to extraordinary measures. On one occasion he forged
a letter of thanks from the Massachusetts Council, and on another, when
he went to Boston to endeavor to obtain supplies, he left two of his sons
with the Indians as pledges of his loyalty to them, and the boys remained
as hostages one or two years.

The most dangerous attack on Maine during the Revolution was the
seizure by the British of the Maja Bigaduce, now Castine, peninsula. There
had been a revival of the old scheme of making a separate province of the
"Sagadahoc" territory. The new colony was to be a place of refuge for
exiled loyalists, and was intended to serve also as a defense for Nova
Scotia and an advanced post against New England.

The occupying force was commanded by Brigadier-General Francis
McLean, and consisted of about six hundred and fifty men, exclusive of
officers. One of the subalterns was John (later Sir John) Moore, famous
for his work in forming many of the best officers of the British army,
for his care of the private soldiers, and because of the poem describing
his burial. The transports were escorted by a small naval squadron under
Captain Barclay.

The British reached Bigaduce on June 17, 1779. If confidence can
be placed in statements made seventy-five years later by one who was a
boy of fourteen at the time,* they landed very cautiously, peering about as
if in dread of an ambush, and returned to their ships before nightfall.
But no resistance was attempted and the next day they landed again, this

'Sometimes written Major Bigaduce, and thought to have been named for a
French officer. Majabigaduce is, however, an Indian word, and probably means bad
harbor. The name seems peculiarly inappropriate for the fine bay of Castine, but
it may refer to a particular case of accident; moreover, the wind might make the
place dangerous for canoes.

'William Hutchins. He later enlisted in the American army and his name was
the last but one on the pension roll of the Revolution, the last being that of Bakeman
of New York who survived him a few months.

THE REVOLUTION 35

time permanently. Barclay soon returned to Halifax, leaving behind three
sloops, — the Albany, North and Nautilus, under Captain Mowatt, the de-
stroyer of Falmouth.' Plans were made for a strong fort, to be placed on
high ground in the center of the peninsula, and called Fort George. The
work, however, progressed but slowly, and on July 18 news was received
that an American fleet and army were being made ready at Boston to
recapture Bigaduce.

On the 24th of July a large fleet was seen standing up the bay. The
expedition was a State, not a Continental, one. It was organized and
directed by Massachusetts, and she furnished all the troops and most of
the ships. Massachusetts had acted with great promptness, alarmed by the
danger to her supply of wood, and warned by Brigadier-General Gushing
at Pownalborough of the importance of attacking the British before
they had time to fortify.

On the 24th of June the General Court directed steps to be taken for
the fitting out of such vessels as could be made ready in six days for an
expedition against Bigaduce. Orders were also issued for the purchase
of large quantities of provisions, ammunition, etc. The command of the
land forces was given to Solomon Lovell, of Weymouth. Peleg Wadsworth
of Duxbury (subsequently of Gorham and Falmouth), was second in
command. Most of the soldiers were to be drawn from the Maine militia,
but Massachusetts sent the State regiment of artillery under Lieutenant-
Colonel Paul Revere. There was also a fleet consisting of three armed
vessels belonging to Massachusetts, a dozen privateers hired, or in one case
impressed by her, a privateer hired and furnished by New Hampshire, and
three Continental vessels lent by the Naval Board at Boston. Their senior
officer, Captain Saltonstall of the Warren, was made commodore of the
fleet, a very unfortunate choice.

Orders had been issued to the commanders of the militia in the
counties of Lincoln and Cumberland to provide six hundred men each, and
to the Brigadier-General of York county to send three hundred.1 Trans-
ports were dispatched in advance of the fleet to Casco Bay, to take the
militia to Townshend. But when General Lovell reached there he found
less than one thousand troops, instead of the fifteen hundred called out.
Even these had been assembled with great difficulty; they were without
training, and ill provided with arms and ammunition, and many were unfit
for duty. In the investigation after the failure of the expedition, the
adjutant-general of the force testified that "one reason of the deficiency
was this : some officers, whose duty it was to detach the men, considered
the orders to include officers as part of the detail ; some included the men
who had enter 'd on board the fleet out of their towns, for the expedition

"Williamson, "Sir John Moore at Castine during the Revolution," Coll. Me. His'.
Soc., II: II, 403.

'The Cumberland regiment was commanded by Colonel Jonathan Mitchell, the
Lincoln, by Colonel Samuel McCobb, and the York troops by Major Daniel Littlefield.

36 HISTORY OF MAINE

and perhaps a short cruise; and some sent boys, old men and invalids;
if they belonged to the train band or alarm list they were soldiers, whether
they could carry a gun, walk a mile without crutches, or only compos mentis
sufficient to keep themselves out of fire and water." General Wadsworth
testified "that at least one-fourth part of the troops appeared to me to be
small boys and old men, and unfit for the service.'"

On July 25, the fleet arrived at Penobscot, and a part approached the
harbor and engaged in a long distance 'cannonade with Mowatt's vwssels,
with no other result than to give the enemy proof of the prudence of the
American commodore and the awkwardness of his men.

On the 2Oth Banks Island was occupied and a flag and four cannon,
two mounted, two unmounted, were taken. The Americans lost only three
men but one of these was Major Littlefield, the commander of the York
militia, an excellent officer.

It is probable that if Saltonstall had had a little of the spirit of
Farragut at Mobile, or Dewey at Manilla, much more could have been
accomplished. But no exhortations or arguments then or later could induce
him to dash into the harbor, destroy Mowatt's three small vessels with his
greatly superior force, and assist Lovell in an attack on the fort.

On the 27th it was decided that the marines and militia should attempt
a landing on the peninsula early next day. Accordingly, at three in the
morning the troops were ordered into the boats, and a little before sunrise
they gave three cheers and pulled for the shore under cover of a constant
fire from five of the ships. The enemy were posted on a bluff high and
difficult of ascent, but the Americans attacked with vigor and courage,
though in some disorder. They wece formed in three divisions, — the
marines and part of Colonel McCobb's regiment on the right ; the remainder
of his regiment, the artillery serving as infantry, and the volunteers, in
the center, with whom was General Lovell ; and Colonel Mitchell's regiment
on the left. In less than twenty minutes the enemy gave way and fled,
pursued by the Americans.

The British were inferior in numbers, were mainly new recruits, and
had been considerably shaken by the cannonade from the fleet. Their
commander also was guilty of mismanagement or worse. He bade his
men hold their fire until the Americans landed, and, after they had given
the enemy a single volley, he ordered a retreat. The only officer who
stood his ground was Lieutenant Moore, then in battle for the first time.

Lovell was highly pleased with his success, but it is possible that much
more could have been done. Neither the fort nor the British soldiers
were in a condition to withstand a vigorous assault such as Wayne made
at Stony Point. Moore states that it would not have been a difficult matter
to have stormed one of the bastions on which work had been only begun.

'Wheeler, "History of Castine," 293.

THE REVOLUTION 37

Moreover, many of the garrison were new recruits, and had been dis-
heartened by the American cannonade and the defeat of the picket.

Lovell decided to resort to siege operations, from which he hoped
a quick success, but several days passed without important result, except
that the enemy's works continually grew stronger. Some attacks were
made on outworks, but not much was accomplished, and the behavior of
many of the officers and privates of the militia was the reverse of credit-
able. During the siege Lovell was continually urging Saltonstall to enter
the harbor and destroy Mowatt's little squadron, but he refused unless the
army would at the same time storm the fort which, after the first few
days, was quite impracticable. At last, however, arrangements were made
for a joint attack, but as it was about to be delivered, news was brought
that a fleet was coming up the bay. The attack was at once abandoned.
At midnight Lovell received word from the Commodore that the fleet was
British, and promptly embarked his men. Saltonstall had drawn up his
ships in the form of a crescent to make a show of resistance, but when
the enemy appeared standing boldly for the center of the line, the whole
gave way, each vessel seeking its own safety but none finding it. In about
twenty-four hours all the armed vessels had been destroyed by their crews
except four which fell into the enemy's hands. The transports met a like
fate. The militia made their way to their homes as best they might, except
five companies which were kept together by the exertions of their officers
and were stationed at various points on the coast to protect it against raids.

The Massachusetts Council and House of Representatives appointed
a committee of investigation who examined Lovell, Wadsworth, and various
military and naval officers, and reported unanimously that the chief reason
for the failure was the "want of proper spirit and energy in the Commo-
dore." Saltonstall was shortly after tried by a court-martial and dis-
missed from the Continental service. The exact charges and specifications
against him are not known. Popular rumor had accused him of treach-
ery and cowardice. It is not likely, however, that Saltonstall was either
a traitor or a craven, but of his extreme unwillingness to risk either ships
or men at Penobscot there can be no doubt. The blame for the failure
to attack Mowatt must be shared by captains of the privateers. Any injury
to their ships would mean the loss of a cruise and its profits, and conse-
quently the majority of them were always against attack.

The committee of investigation highly praised the conduct of Gens.
Lovell and Wadsworth, although in the case of the latter they were divided
in opinion. They slightly censured Colonel Mitchell for returning home
without orders. Numerous charges, the result perhaps of personal enmity,
were preferred against Revere. The committee found him culpable in
disputing during the retreat the orders of General Wadsworth, and that
he was not wholly justified in going to Boston with his regiment without
the leave of his superior officer. By General Wadsworth's testimony it

38 HISTORY OF MAINE

would appear that Revere's conduct was indeed culpable. Wadsworth
swore: "A small schooner in which was the greatest part of our pro-
visions was then in the strength of the tide, drifting down on the enemy ;
it was in vain that a number of boats were ordered to tow her across the
stream, and with much difficulty that a boat was got off to take out her
crew. In this I was directly opposed by Lieutenant-Colonel Paul Revere,
who said that I had no right to command either him or the boat (Revere
claimed that he was ordered to obey Wadsworth during the expedition,
and that the expedition was over), and gave orders to the contrary. The
boat went off to the schooner. The reason Lieutenant-Colonel Revere gave
for the boat's not going off to the schooner was, that he had all his private
baggage at stake, and asked who would thank him for losing that, in
attempting to save the schooner to the State. I asked him whether he came
there to take care of his private baggage, or to serve the State.'"

Being dissatisfied with the findings of the committee, Revere repeatedly
demanded a court-martial, and in 1782 obtained one. There' were two
charges, the refusal of the boat, and the return without orders. The court
found that Revere did refuse the boat, but acquitted him because he acted
on a sudden impulse, and particularly because the boat was actually em-
ployed in the manner desired by General Wadsworth. On the second
charge the court found that "the whole army was in great confusion and
so scattered and dispersed that no regular orders were or could be given,"
and were "of the opinion that Lieutenant-Colonel Revere be acquitted with
equal honor as the other officers in the same expedition."

During the war, Maine furnished many soldiers to the Continental
army, but as the regiments in which they served were Massachusetts regi-
ments she has not received the credit to which she is entitled. In January,
1776, James Sullivan, of Biddeford, then acting as commissary for the
Maine troops, wrote to Samuel Freeman at the Provincial Congress :

"Falmouth 31 Jan., 1776.

"Sir: Since I wrote you last I received a resolve of Court, wherein
I find I am directed to assist in raising two hundred and thirty-eight men
in the County of York. I shall obey orders, and do my best, and make
no doubt but the men may be had, which will leave the seacoast of the
country entirely without firearms, for our arms were taken from our
people on the last of December by order of Congress, an enlistment for
Cambridge will strip us of men for this winter, and if our guns are
again stopped, we shall be in the spring without firearms. I venture to
affirm as a fact, that more than half the men of Biddeford and Pepperell-
borough are now in camp at Cambridge. The four hundred men at Fal-
mouth can never be raised, as every one who can leave home is gone or
going to Cambridge. The officers appointed here have no commissions,
nor has General Frye any instructions. You might have sent the commis-

'General references for the Penobscot expedition: Wheeler, "History of Castine";
Weymouth Historical Society Proceedings, I. containing a sketch of Lovell's life,
and his journal; Coll. Me. Hist. Soc. Doc. Hist. II: XV, XVI (Baxter Mss.).

THE REVOLUTION 39

sions before now if you had attended to the safety of your own country,
and hope you will send by the first conveyance. If the General should
order another reinforcement they must draw upon this part of the province
for women instead of men, and for knives and forks instead of arms,
otherwise they cannot be obeyed.

"I am your humble servant,

"JAMES SULLIVAN."

A careful investigation made at the instance of Rev. Henry S. Burrage
shows that fully a thousand Maine men were at Valley Forge. In 1907
a granite marker containing a bronze tablet suitably inscribed was erected
to the memory of these heroes.

In 1/83 peace was made, and England acknowledged the independence
of the United States. The St. Croix river was declared the eastern
boundary.

With the Revolution there not only passed away for Maine dependence
on a foreign power, but there also ceased the sharing with the Indian
tribes of control over her own soil. They shrank from the position of
co-sovereigns to that of wards. Williamson says, "After allowing to them
a restricted territory, the rivers and forests were no longer theirs. The
fee and virtual possession of all the ungranted region, it was agreed on all
hands, were in the State."

At this point in the narrative, when the Indians of Maine cease to be
of political importance, it may be appropriate to consider briefly their
history and customs.

Chapter III
THE INDIANS OF MAINE

CHAPTER III

THE INDIANS OF MAINE
BY FANNIE HARDY ECKSTROM.

[This chapter aims to give the general reader the information about
the tribes, language, traditions, government and customs of the Maine
Indians not easily accessible to him in books. It does not rehearse the
details of border warfare and treaties, which may be found in all standard
works.]

When their resemblances are emphasized, rather than their differences,
it is easy to understand the ethnological place of the New England Indians.
Within historic times they have all been of the great Algonquin stock, whose
nations, broken only by the great "islands" of the Sioux and the Iroquois,
extended from the Blackfeet of the Rockies to the Boethuks of Newfound-
land, from Hudson Bay to the Carolinas. All spoke languages essentially
similar. Many of the words in Longfellow's "Hiawatha" are used by
Maine Indians today, and Maqua, the word by which Cooper's Mohicans
always called the Iroquois, is the word the Penobscot still uses when speak-
ing of his once dreaded foe.

Of the seven principal tribes in New England, three were crushed in
open conflict with the English, — the Pequots, the Narragansetts and the
Wampanoags (including the Pokanokets of Cape Cod), and three others, —
the Massachusetts Bay Indians, the Quinnipiaks of New Haven and the
Mohegans of the Sound, — either drifted westward or wore away insensibly.
King Philip's War, in 1675, ended all acute dangers from the Indians of
southern New England. But with the seventh division, the Eastern Indians,
or Abenakis, it was only the beginning of almost a century of the bloodiest
warfare in Indian history. From Deerfield to Haverhill, from Dunstable
to Dover, from Berwick to the Penobscot was the frontier of all frontiers,
held only by incomparable English steadfastness.

The word Abenaki, (from waban, dawn, and aki, land), happily ren-
dered by Joseph Necolar as "the Dawnlanders," is the precise equivalent
of "Eastern Indians." Treaties* show that these included all from the
upper Connecticut River to the Micmacs of Nova Scotia. Though many
writers limit the Abenakis to the typical tribes of the central rivers of
Maine, Lescarbot, in 1611, included the Micmacs, and Dr. William
Douglass, in 1755, included the Masiassuks of Lake Champlain. Accord-
ing to the treaties, the Abenakis,' from west to east, were: first, the Pen-
nacooks of New Hampshire, always friendly or neutral ; second, the Saco
Indians (called Sokokis by the French, Sokwakiaks by the Indians) nearly

'For example, that of n Aug., 1693, at Pemequid, and that of 7 Jan., 1698-9, at
Casco Bay, ratified by the Merrimack River Indians, though not actually signed by
them.

'Written also Abenaqui, Abnaki, Wabanaki, Wapanaki, etc.

44 HISTORY OF MAINE

related to the Pennacooks, but warlike, whose fighting sub-tribe, the Pig-
wackets, or Pequakets, was broken by their defeat at Fryeburg, 1725;
third, the Androscoggins, or Anasagunticooks, of whom the Pejepscots, at
Brunswick, were a sub-tribe; fourth, the Kennebec Indians, including the
Norridgwocks of the upper, the Canibas, Kenebis, or Kennebecs proper,
of the middle, and the Sheepscots of the mouth of the Kennebec River;
fifth, the Wawenocks of Knox and Lincoln Counties, centering upon
George's River ; sixth, the Penobscots and the Pentagoets ; seventh, the
Passamaquoddies of the Machias and St. Croix Rivers ; eighth, the St.
John River Indians. It is impossible in brief space to give the printed
variations of these tribal names. The early records show a bewildering
variety, which later writers have copied only too faithfully. When John
could be spelled "Goen," and the Pilgrim Winslow could be transformed
into "Monsieur Huisland" (Parkman), and the signature of Joseph Orono
could become "J. Horns" (Baxter Manuscripts, XX: 81), what happened
to the aboriginal names, pulled and hauled between French and English,
distances the imagination. It is always correct to designate any tribe by
the name of the river lying nearest to it.

Contrary to the popular opinion that there were sharp differences
between these Indian tribes, making reference to them a matter of nice
distinctions, within historic times the Maine Indians have moved about
as freely as the whites of one county intermingle with those of another.
They intermarried, visited, even signed treaties as delegates from tribes
not their own, and the differences in their dialects were less than those
of the English counties of today. Although of all the tribes the most
stable, the Penobscots within the last century have included, but not always
for life, individuals from Tobique, Lewey's Island, the Saguenay River and
Vielle Lorette, some Micmacs, many Passamaquoddies, some from the St.
Francis tribe near Quebec, many descended from the Norridgwocks and
even some of their inveterate foes, the Mohawks. They in turn have wan-
dered far, living for years in distant places. That something similar
occurred in ancient days, we shall discover when we try to ascertain the
origin of the great chief, Madockawando.

The language of the Abenakis falls into three natural dialects- The
New Hampshire and Saco Indians used one dialect, now extinct. The
Androscoggin, Kennebec and Penobscot tribes spoke the true Abenaki
of the French, now represented by the modernized "Penobscot Indian."
The St. John's and Passamaquoddy Indians speak a third dialect, called
Maliseet, (Mareschite, Amalicite), which varies in pronunications, termina-
tions and in many important words. To the Abenakis of Maine, as a
linguistic group, must be added two tribes of Canada Indians, the Wali-
nonoaks of the mission of Bec.ancourt, and the Alsigunticooks (Ercegunti-
cooks or Arousagunticooks of English writers), or St. Francis Indians.
These were Maine Indians, — mingled Penobscots, Norridgwocks, Pig-

THE INDIANS OF MAINE 45

wackets and Ossipee Indians, — broken by the combined English and Mo-
hawk wars and removed by the French to a safer location.' The first of
these emigrations began, according to the Abbe Maurault,' about 1680, as
the result of the Mohawk, or Iroquois, invasions. The second great
emigration was the result of the successful English raids of 1724 and 1725.
The movement was not complete until a quarter of a century later.

These historic emigrations to the northwest must be distinguished
from the prehistoric migrations from the westward by which the Abenakis
arrived in Maine.' Their own traditions recognize such a movement. Long
ago Chief Francis, of the Penobscots, told Judge Williamson that all the
Maine Indians "between the Saco and the River St. John, both inclusive,
were brothers ; that each tribe was younger as we passed eastward." Joseph
Necolar' says that at K'chi-sko-tek, the Great Council Fire at Caughna-
waga, "the people divided themselves into three classes, the father, the
«ldest son and the youngest son. 'Odur-wur' was the father, 'Wur-bar-
Nar-ki — dawn-lander', the eldest son, and 'Mik-Mur — the last born', was
the youngest son. And after the division was made the oldest Mik-Mur
present was undressed and put into T'ki-nur-gann, cradle, where he was
kept tied and fed all day like a little babe, and every time the delegation
met at the grand council fire this performance was repeated, showing that
[since] the Mik-Mur was once selected as the youngest of all, he must
always be treated like a little baby." Mikmur is clearly Mickmuc, or Mic-
mac, a tribe with Abenaki traditions but widely aberrant in language and
habits. This Indian tradition recognizes them as comparatively new to their
present home.

What this eastward movement was the archaeologist and the linguist
must determine; but the Abenaki tongue bears witness in a curious way
-to the fact that when the English settlers first came in numbers, the Maine
Indians were massed near to Massachusetts Bay. Remembering what wan-
derers they were, how King Philip's cousin signs Maine deeds, how Samo-

"Sullivan, "History of Maine," (1795) ; Hutchinson, "History of Massachusetts
Bay Colony," (1767); Douglass, Summary Historical and Political, etc. (1755).

•L'histoire des Abenakis (Montreal, 1865).

'Archaeology lies outside the province of this chapter, but nowhere are there
more interesting evidences of earlier occupation of the land than in Maine. Its
shores are dotted with shell-heaps left by departed tribes, some four hundred having
been mapped out years ago by Prof. Arlo Bates. Those at Damariscotta were the
largest known, the work of centuries, so old that since last used large oak trees had
grown on them. This was neutral ground and tribal traditions say that even from
Massachusetts the tribes came thither to gather the oysters, clams and acorns.

In 1892, Mr. C. C. Willoughby discovered evidences of a still earlier occupation,
which Prof. Warren Moorehead, in 1912 and since, has studied critically. From
the abundance of red ochre found in the burial places, he has named these "the Red-
paint People." Their remains are found principally on the lower Penobscot river
and down the east coast of that bay and shoreward easterly.

Mr. Walter L. Smith, of Brewer, has made important local studies, and in 1877,
Mr. Manly Hardy found on Great Deer Isle the first authentic evidence of cannibal-
ism in New England, so often mentioned by early voyagers.

•The Life and Traditions of the Red Man (Bangor, 1893), p. 138.

46 HISTORY OF MAINE

set, who greeted the Pilgrims at Plymouth with "Much welcome, English-
men," was the same John Summerset who sold the land between Pemequid
and Round Pond, by the first land deed ever drawn in Maine, it is not neces-
sary to imagine any complete or long withdrawal from their own territory.
But the language indicates that at just the period when it had to take
on many new words they were out of touch with the French and were
intimate with English domestic life. The Abenaki tongue is full of Eng-
lish words. Among the Penobscots, the Maliseets and the St. Francis
Indians alike, the names of all domestic animals except the dog, of all
imported articles of food, save a few trifles, of many introduced con-
veniences, and other important words are English. Hahds, kuose (or
Kdoz) and piks represent not unfairly the early English settlers' pronun-
ciation of "horse," "cow" and "pigs." Pussoo, the wild cat, if not "cat"
is "puss," while besahwis, Penobscot for the domestic cat, (pussoois in
Maliseet) is only "little pussy." Cats were highly prized by the Indians
and this term of endearment would seem to have been learned from Eng-
lish children about the fireside. In all three of these widely separated
tribes, cat, horse, ox, cow, pig, sheep, vinegar, salt, molasses, sugar, cheese,
potatoes, turnips, cabbages, brandy, cider, money, clock, steel-trap, with
such later words as tea, coffee, cars, steamboats, etc., are but disguised
English words. Yet "cows' wigwam" for stable, "big cows' wigwam" for
barn, "cow's meat" for beef, "little cow's meat" for veal and many others,
show how they avoided a new word when they could devise a substitute.
With the St. Francis and Maliseet tribes, but not with the Penobscots at
present, all Americans are still Pastoniak, "Boston folk," and the St.
Francis Indians still call our President "the big Boston chief," Pastoni-
k'chi-sogmo. This is evidence that their first intimate relations with the
whites were with the English of Massachusetts Bay.

The date is shown almost to the year by two other words. An Old-
town Indian, asked recently what was their word for "king," responded
"kinzhamus Olamon," that is King James the First ! Both the other tribes
have the same word. A queen today is "King-James-his-squaw," and Queen
Victoria's Birthday was known among the St. Francis, as "King-James-his-
squaw-her-day." A king at cards, however, is sogmo, that is, chief. , King
James died in 1625, and this word for "king" could not have been intro-
duced after that date. On the other hand, the Penobscot word kuose, and
the Maliseet variant kaoz (cow), could have been adopted only after the
Indians themselves had seen the strange creature. John Winslow intro-
duced the first English cattle in 1624. Therefore, both of these words must
have been acquired, the one not earlier, the other not later than dates a
year apart. It is more than a matter of curiosity that while the Penobscot
has called a cow, "a cow" for almost three centuries, the Micmac still
speaks of her by his primitive descriptive word, wenjootedm, "the French-
man's moose."

THE INDIANS OF MAINE 47

The indelible impress of the language of their bitter enemy upon the
Abenaki tongue is hardly more remarkable than the failure of the French
language, which most of them have spoken far better than they could
speak English, to make any impression. King James the First is still
remembered ; none of the Louis of France have left a trace. Very few
words and those mostly unimportant have come from the French ; such as,
lago (ragout), lasob (la soupe), labiel (la biere), and lamiscad (la mous-
cade, nutmeg). Patlios, prayers, is the Latin for pater nosters, the paters
being the large beads of the rosary. A priest is a "prayer man," a nun is
a "prayer lady," but the French tongue has not given them even the name
for Sunday; it is not le Dimanche, but Sanda, or Sunte — English again.
The conclusion is irresistible that for some decades after the English came
the Maine Indians hovered near their settlements.

This brings up the discussion of some tribal names purposely passed
by — such as Almouchiquois, Etchemin, Tarratine ; to which should be added
Penobscot and Pentagoet. Judge Williamson said of the Abenakis and the
Etchemins that "the two peoples have been by Historians much con-
founded." The verdict is too mild. Everybody else has been confounded
by the historians and the "two peoples" have been left just where they
were, waiting to be untangled. The difficulties of understanding the matter
are few, if all the later historians are set aside and the early records are
studied without prejudice.

All these peoples lived either within the present Hancock and Wash-
ington counties, or upon territory adjacent. And during most of the period
since the English came to Massachusetts, the greater part of this region
has had few Indian inhabitants or none. No Indian treaties show signers
from the Union, Narraguagus and Machias Rivers, and in 1763 Governor
Bernard wrote to the Passamaquoddies that "the lands on the East Side
of the Penobscot River & about Mount desert . . . have not been
inhabited by Indians for many years past." Yet the archaeological remains
and the testimony of the early voyagers point to its once being well peopled.
The name Almouchiquois was a nickname given to these people by the
Micmacs. Father Maurault's derivation from alemos, dog, with the mean-
ing "people of the little dogs" is clearly erroneous. There never could
have been any little dogs there. Much more likely is it to be connected
with Oitlamon, red paint, and to refer to the use of red ochre by the
inhabitants of this section. But the people's name for themselves was
Etchemins, or Etechemins. It is essentially the same word as o-ski-tchin,
or skejim, (meaning "we," "the people") which the Passamaquoddies and
other Maliseets use today in speaking of themselves. Champlain, in 1604,
called the St. Croix the "Riviere des Etchemins." The Etchemins, or
Almouchiquois, were the ancesters of the present Passamaquoddies.

It is true that most authors declare this a tribe of very recent origin,

48 HISTORY OF MAINE

formed about 1750 from other tribes. It was no doubt much augmented
then, but its antiquity is proved by the Jesuit Relation of 1677,' in which
Pessemonquote (Passamaquoddy) is mentioned as a river on which the
Indians were settled. In 1694 Villebon wrote that the Maliseets live on
the St. John and along the sea-shore, occupying "Pesmonquadis, Majais
(Machias), les Monts Deserts and Pentagoet" (Castine).' In addition to
this a letter, dated Feb. 10, 1638* (old style), from Louis XIII to the Sieur
D'Aunay de Chantsay, "commandant of the forts of La Heve, Port Royal,
Pentagoet and the coasts of the Etchemins," establishing the boundary
between D'Aulnay and De la Tour, shows clearly that the Etchemins occu-
pied not only the St. Croix valley, but the whole southeastern coast of
Maine, including the eastern coast of Penobscot Bay. After this the
identity of the Etchemins with the modern Maliseets and the antiquity of
the Passamaquoddy tribe can hardly be denied.

But a new problem comes up as to the identity of the Indians among
whom the Baron St. Castin lived so many years. Villebon, the governor
of the province, called them Maliseets. They were a considerable tribe,
as is shown in the census," taken November, 1780, by Father de la Chasse.
He enumerates twenty-six long houses, containing 388 men, women and
children, including 126 men and boys able to bear arms. The French
"General Memoirs" of 1686," say: "At the river of Pentagouet is the
Sieur de Castin, who trades with the savages and with the English ; it is
a very lovely country, full of harbors, with three good rivers, and there
are two very considerable nations in the region which recognize France
and are enemies of the English." The two nations are clearly the Etche-
mins and the ancestors of the present Penobscots. In all likelihood Villebon
was correct in calling the Castine Indians Etchemins (that is "Quoddies"),
but considering their numbers and isolation for a long time, it is safe to
recognize them as Pentagoets. They occupied the region from Castine to
Naskeag Point, and perhaps beyond and deserve a sub-tribal status by
virtue of their location.

There remain the Tarratines. This word has been much affected by
late writers as a superior name for the Penobscot Indians, but like most
affectations it is false. The modern Penobscots know no such word and
can assign no meaning to it. The Tarratines, or more correctly Tarentines,
were Micmacs, and the name is conjectured by Professor William F.
Ganong" to mean the "traders," being a nickname applied to the Micmacs
by the New England Indians. The first mention made of them is in the
account of the Sagadahoc colony, in 1607, whose records say that when

'Thwaite's edition, Vol. LX : 262-3.

'Murdoch, Nova Scotia, Vol. I: 214.

'Misprinted in Baxter Mss., IV: 142, as 1658, or long after the death of Louis

- -\ 1 I 1 .

"Now in the Edward E. Ayer Collection, in the Newberry Library, Chicago.
"Quoted in Baxter Mss., IV: 424.
"In letter to writer.

THE INDIANS OF MAINE

49

off Cape La Have, Nova Scotia, they saw Indians. "We take these people
to be the tarentyns." In 1614 Captain John Smith interviewed the natives
of Camden, who told him that "on the east of it [Penobscot Bay] are the
Tarrantines, their mortall enemies, where the French inhabit, as they report,
that live with those people as one Nation or Family." This clearly places
the home of the Tarentines at that time as not far from Port Royal, Nova
Scotia. Further negative evidence is the statement of Governor Bradford
regarding the Massachusetts Bay Indians in 1620." He says: "The people
were much affraid of the Tarentins, a people to the Eastward which used
to come in harvest time and take away their corne, & many times kill their
persons." But the Penobscots raised their own corn and did not need to
steal it. And at this very time the Penobscots were putting King James
the First into their language forever and therefore were friendly with the
residents of Massachusetts Bay. Moreover, no one ever gave the Penobscot
Indians so black a name as the one history has bestowed upon the Taren-
tines. "A barbarous and cruell people called the Tarratines," writes John-
son in his "Wonderworking Providence,"" reporting what the Bay Indians
were saying in 1631, "who said they would eat such Men as they caught
alive, tying them to a Tree, and gnawing their flesh peece-meales off their
Bones, as also that they were a strong and numerous people, and are now
coming, which made them flee to the English."

Thus is explained how English words became fixed in the Abenaki dia-
lects. Further, in upwards of forty thousand pages of treaties, deeds,
official correspondence and similar contemporary material the word Tar-
ratine has been found but once, and that in the forged deed, dated 1629,
purporting to have been given by the Indians of New Hampshire to Rev.
John Wheelwright of Exeter. It speaks of the protection afforded by the
English against the Tarratines. The clumsy and unlegal way in which this
reference is dragged in to bolster up a forged date breeds a strong sus-
picion that between 1629, the purported date, and 1662, or thereabout, the
real date of drawing the deed, the Tarratines, or Tarentines, had ceased to
be a menace.

The exact story is recorded in an old contemporary French source."
Membertou was the great sagamore of the Micmacs, or Souriquois, and
Bessabez, or Bashabes, (usually styled by English writers "the Bashaba,"
as if his name were a title) was the great chieftain of the Abenakis, then
including the Armouchiquois. This is the same chief who in 1604 (not
1605) met Champlain upon the site of Bangor. At that time the Abenakis
were supreme and Bashabes was the greatest chief they ever had. But in

"In his "History of Plimouth Plantation," (commonly called "The Log of the
Mayflower"), Boston, 1901, p. 126.

"Edition, Scribners Sons, New York, 1910, p. 78.

"La Defaite des sauuages Armouchiquois par le Sagamo Membertou & ses alliei
sauuages en la Nouvelle France, au mois de juillet dernier 1607, etc. (Paris, 1609).
ME.-4

50 HISTORY OF MAINE

the fall of 1606 some of the Abenakis plundered and killed Panoniac, a
Micmac chief. Then Membertou, the Micmac, gathering to his own men
the Indians of Gaspe and the Etchemins of southeastern Maine, made war
upon Bashabes in July, 1607, and defeated him. They did not kill him, for
that same fall Popham's colony report him as alive. The war continued
for some years, the Tarentines gaining. The Camden natives told Captain
Smith that Mount Battie was "as a fortress to them" and the Megunticook
range a barrier against the Tarentines; hence they seem to have occupied
temporarily the Etchemins' country and perhaps to have broken into the
region across Penobscot Bay. Emboldened by their successes, they invaded
Massachusetts Bay, as Winthrop, Bradford and Johnson testify ; but the
timely coming of the English prevented a permanent conquest. It is a
curious coincidence that John Winslow, scouting along the shore of Cape
Cod before the Pilgrims landed, should discover the recent "red-paint"
burial of a white man and a boy, so similar to the remains of the Red-
paint People of Orland, Maine, as to suggest that the man was the white
leader of some Tarentine raiding party. This singular interment so im-
pressed Captain John Smith that he copied it in full from Winslow. It is
also a coincidence that, although documentary evidence of cannibalism on
the New England coast was abundant, the first archaeological proof of it
came from the Tarentines' allies' own country. In 1877, on the easterly
shore of Great Deer Isle, Mr. Manly Hardy dug from an ancient shellheap
the skulls and bones of two Indians who must have been eaten there within
historic times.1" Thus the terrible Kee-wahqu.ee stories of Abenaki mythol-
ogy did not, as Leland conjectured* come from the Esquimaux and the
Norse Eddas ; they were grounded on comparatively recent experience.

The Tarentines survived the pestilence of 1617 ; but after the smallpox
of 1631 and 1634, when the Indians "dyed like rotten sheep," we hear no
more of them. They probably withdrew to Nova Scotia, and the aban-
donment of the southeastern coast of Maine was begun at this time and
completed after the subjugation of the Pentagoets about a century later.
That a part of these at least joined the Penobscots of Oldtown is evidenced
by the presence among the Penobscots of descendants of the Baron St.
Castin.

The question is raised: Were the Penobscots and the Pentagoets the
same or different tribes? Even from an early date the English called them
all Penobscots; but the French, following the Indian custom, at least par-
tially distinguished the two chief settlements. Panawamskek, "the rocky
part," was the name of the river between Bangor and Oldtown ; below
Bangor it was Pemtegwi, or Pentagoet, "the main river," "the wide part "
Just as the Maine Indians nicknamed the Micmacs "Tarentines," or
"traders," and the Micmacs returned the compliment by calling the Etche-

"lith Report Peabody Museum, Cambridge, Vol. II, No. 2, p. 197.
*C. G. Leland, "Algonquin Legends of New England," Boston, 1884.

THE INDIANS OF MAINE 5r

mins "Maliseets," "or broken talkers," so Penobscots and Pentagoets could
hardly have been their own names for themselves, but rather neighbors'
designations. It is impossible to tell whether the Indians whom Champlain
met at Bangor were Etchemins or true Abenakis ; but in the name Kades-
quit, which he records, is evidence that at some period the Etchemins
occupied the upper Penobscot. Its traditional meaning is "eel-catching
place." Now the pure Abenaki word for an eel is nahurmo, which we
find in Nahumkeag stream, in Pittston, on the Kennebec. But Kendus-
keag, the Kadesquit of Champlain, is a slightly corrupted form of Kodes-
kek, and this is from the Maliseet root, kat, an eel. "It seems as if the
Quoddies must have named it," said an intelligent Penobscot Indian. The
map drawn for Governor Shirley, in 1749, by Charles Morris," bears a
legend across Hancock and Washington counties, "In this part of, the
Country East of the Penobscot River live the Indians of that name." This
would make the Penobscots previous to 1750 true Etchemins, the same as
the Pentagoets. The final breaking up of the Norridgwocks at about this
time brought many of them to the eastward, even as far as the Passama-
quoddies, and it is a question how much they may have influenced the
language of the present Penobscots, which is very different from that of
the Maliseets. We know that Champlain met Bashabes at Bangor; we
know that Bashabes had jurisdiction all over eastern Maine, though his
own home was among the Wawennocks, in Knox or Lincoln counties; we
know that the story of a revolt among his own people, borne out by the
French account of the defection of the Etchemins to the Micmacs, swept
from him the rule over southeastern Maine; but we do not know whether
his own people, the Wawennocks, had established themselves upon the
upper Penobscot during his day, or before it, though the evidence of the
place-names would seem to indicate it. At least Wawennock, or in better
form, Wannoak, which an old Penobscot chief told Judge Williamson
meant "very brave," "fearing nothing," would seem to have been a boast
coeval with Etchemin ("we," "the people"), indicating a tribe much
stronger than that of the Wawennocks known to history, and it may have
been the aboriginal name of all the Abenakis of central Maine. These
changes in the tribes are of much less consequence than is usually sup-
posed. Possessing nothing of permanence, it was easy for them to pack
their few possessions in their canoes and to migrate. They did it con-
stantly. Great as have been the historic changes of the Maine tribes they
were less than those that have no record. After three centuries of con-
tact with the whites, the Penobscots still occupy their ancestral homes
and still bury their dead among their forefathers; nor can it be said of
them that since they first had near white neighbors they have ever been

"The original in the New York City Library, reprint in Lincoln's Correspondence
of William Shirley, Macmillan, 1912.

52 HISTORY OF MAINE

treacherous or unfriendly, nor in a century and half has their loyalty
to the Americans ever been open to question.

Most written Indian history is a record of their wars with white men.
Important for the white man to remember, from the Maine Indian's point
of view this is but a secondary matter — minor atrocities, the murder of a
few farmers, the burning of a few weak and scattered hamlets. It was
done, when it was done, with accomplished savagery; yet, unless they
had personal grudges, the Maine Indians felt little enmity toward the
English. As Captain Job, one of their chiefs, said in council, when asked
whether the Indians would prefer to have English or Irish settlers placed
upon their lands, "We Sayd English for tho we sometimes fall out as boys
do at play, yet afterwards we were reconciled & got friends again, but as
to foreign men we were not acquainted with their manners and did not
know their customs."

The Indian wars of New England were the sparks from European
flames. Peace in Europe, Indian wars ceased here; war over there, there
was war here also. French gentlemen or their half-breed sons led the
great attacks upon the English settlers; French priests, under orders,
stirred up the Indians and joined in the battle, as Father Lauverjat did
at Fort St. George. On the other hand the English, profiting by the
Mohawks' hatred of the French, incurred by Champlain's fighting them,
employed the Mohawks to fight the Eastern Indians. And the Mohawks
were loyal to England longer than the colonists were, who reaped the whirl-
wind during the Revolution. Back of race and religion was politics, the
conquest of an empire. A scorching letter from Governor Shute to Gov-
ernor Vaudreuil, dated April 22, 1722, says that if France has any claim
upon the Norridgwock Indians, she is welcome to take them all to Canada,
and as he does not concern himself about the tribes in Canada, so they
should let his in Maine alone. "I shall be glad if by his preaching he
[Father Rale]" has brought those poor Salvages anything nearer to the
Kingdom of Heaven, than they were before he went thither ; But that
which I have to say to him and to you upon this account is, That Norridg-
wock the seat of his Mission, is within the Territories of his Majesty King
George, and that it is contrary to an act of Parliament of Great Britain for
a Jesuit or Romanish priest to Preach or even to reside in any part of
the British Dominions." When, three years later, Father Rale was killed
in the surprise attack upon Norridgwock, France lost her ablest political
agent in Maine, but the Church did not acquire a martyr. He was a foreign
agent upon British territory in defiance of the law.

That the objection to Romanists was less religious than political is
clearly shown by the narration of Father Victor Driiillettes, the Jesuit,

"Of the many forms of this word, Rasles and the equivalent Rale, are the best.
Though they are pronounced alike Rale has the advantage of an obvious pronun-
ciation. Ralle is often used. Ral£, though found in some contemporary English
documents, is not French in form nor desirable to perpetuate.

THE INDIANS OF MAINE

53

first missionary to the Kennebec Indians. In 1650 this devoted priest and
good man went to Boston for a long visit. Though Puritanism was never
so rigid as then, he himself says that he was not only hospitably received
by such leading Puritans as Major-General Gibbons, Governor Dudley, and
Deputy Governor John Endicott as well as by the Pilgrim governor,
William Bradford, but in the house of Gibbons himself he was given the
privilege of conducting his devotions behind a locked door — that is, in entire
privacy; while John Eliot, the Apostle to the Indians, not only welcomed
him to his home but intreated him to spend the entire winter in Roxbury-
Yet this kind reception had its political aspect. Father Drtiillettes was a
political envoy to New England to arrange with the English means of
warding off the onslaughts of the Mohawks upon the Saco and Kennebec
Indians, who were then friendly to both nations."

The Indian wars in Maine may be briefly summarized, as: —

1. King Phillip's war, 1675, w'^ outbreaks at Saco, Portland, Wells and

South Berwick, upon defenceless settlers.

2. Gov. Phipps's and Lieut.-Gov. Stoughton's war, 1688 to 1690, with

raids upon Pemequid, North Yarmouth, Berwick and Dover,
N. H., the English now having defensive works, forts and block
houses to some extent.

3. Gov. Dudley's war, 1703 to 1713; with attacks upon Wells, Cape Por-

poise, Scarborough, Portland, etc. ; but the English now beginning
to learn how to hunt the Indian.

4. Gov. Shute's and Lieut.-Gov. Dummer's war, July 25, 1722, to Dec.

15, 1725. This time, though Brunswick was burned and Arrowsic
attacked, the English drove so far and so hard into the forest
that, what with their losses in battle and their dread of the scalp
bounty, the Indians delayed long before renewing their wars.

5. Gov. Shirley's war, 1744 to 1749; many places attacked and the troubles

not entirely ended until Braddock's defeat, or later, but the
Indians finally subdued.

The details of these bloody raids upon the English settlers can be
found in all histories of New England. But one aspect of them which is
insufficiently familiar is the warfare waged upon English fishing vessels
during Dummer's war. In this the Maliseets and the Micmacs, bold sea-
farers both, joined the tribes to the westward, so that all along the eastern
coast of Maine there was great danger to all small vessels. Lying in their
canoes in some concealed place, the Indians would suddenly put out, shoot
the helmsman of the unsuspicious boat, and as the vessel fell off, would
board her and kill or imprison the crew. Then after stripping her, she
would be taken away to some sequestered place and burned. Many were
thus destroyed, "leaving no trace," in Fox Island Thoroughfare and Egge-

"See, Letter from the Council of Lubeck to the Commissioners of New England,
1651. (Baxter Mss. : IV, 433-436) "Et pour les desseins de cette guerre centre ces
Iroquois qui douent etre nos ennemis ; Outre le Sr. Druillettes qui cet hiver a
deja commence de negocier pour cette affaire."

54 HISTORY OF MAINE

moggin Reach. The Punch Bowl at Sedgwick was a favorite place for
this work, partly because it was secluded, partly because it was near the
short carry to their village on Walker's Pond. Father Lauverjat, staying
with the Pentagoets, writes thus to Father Rale at Norridgwock, under
the date of July, 1724: —

"My Reverend Father: P. C. [Peace of Christ]. Sixteen Englishmen
were killed whilst Joseph was gone to you. Two boats were burnt and
forty seven in all were killed and taken prisoners, with eleven sloops, as
we commonly say, 'sword in hand,' and that after an obstinate fight on
each side, all of which will contribute to our gallantry and will increase
our village if it be well preserved.

"In spite of all the Indians can say, all the glory is owing to
Saguarreb."

And a letter which Father Rale left unfinished at his death, dated August
23, 1724. says that Father Lauverjat had sent him eight codfish, but the
bearers had eaten half of them, "though their village was full of cod taken
out of the fifteen or sixteen vessels which they had just taken. They have
newly taken three vessels and killed ten men, some on the spot, because
they revolted from those who had spared their lives."

A rare contemporary broadside tells at great length the first outrage
of this sort, which was one of the causes of Dummer's war. Lieutenant
Jacob Tilton, of Ipswich, and his brother Daniel, with a boy, were on a
fishing schooner anchored in Fox Island Thoroughfare, June 14, 1722,
when they were boarded by six Penobscot Indians, including the governor
and two chiefs, supposed to be friendly. The verses begin :

"Down at an eastward harbour call'd Fox Bay,
They in a schooner at an anchor lay,
It was upon the fourteenth day of June;
Six great stout Indians in an afternoon
In two Canoes on board the schooner came.
With painted faces in a churlish frame;
One of them call'd Penobscot Governour
The other Captain Sam a surly cur."

The ballad gives in great detail the conversation upon both sides :

" 'Penobscot Indian Governor great man,
All one Governour Shute,' says Captain Sam.

Tilton : " 'Great while since we from Boston hither came,
We poor fishermen, are not to blame.'

Indian : " 'Your Boston Governour no good me see,

Our Governour much better man than he.'
' 'The Cannibals thus in their Indian pride,
The best of Governour's scorn and deride."

The Tiltons are overcome and bound, but manage to free themselves.
They attack the four Indians on board the vessel and after a desperate
fight kill three, including the governor and Sam and throw the fourth over-
board, the two left in the canoes having taken to flight. Though severely
wounded the Tiltons cut their cable, hoist their sail and work the schooner

THE INDIANS OF MAINE 55

out through the thoroughfare before several more canoe-loads of Indians
can overtake them.

These Indians were no doubt Pentagoets. The word "Cannibal" flung
at them several times in the ballad, is probably a mere rhetorical echo of
the old Tarentine tales. The village where most of these vessel-looting
Indians lived was at the outlet of Walker's Pond in Brooksville, on the
Minnewokun, or inland water-way from Bagaduce River to the Reach.
Entirely hidden, with an exit in each direction and a carry of less than half
a mile to take them out to salt water, they had every advantage of the
fishermen. An expedition was sent after them. They were taken by sur-
prize and a hot fight ensued in which the Indians were defeated. Fifty
years ago men were living who had cut out of the trees at the foot of the
pond bullets fired in this fight. With this village destroyed, the raids on
fishermen broken up, the towns on the upper Penobscot burned, Norridg-
wock taken with much slaughter, and the fighting Pigwackets of Fryeburg
thoroughly whipped at Lovewell's Pond, with rangers everywhere and a
high bounty fixed on their own scalps, the Maine Indians at last understood
that the English were to be feared. No longer were they to be hunted like
rabbits at the behest of the French ; they were to be dreaded like wolves.

Yet the Maine Indians never feared the English as they did the
Mohawks, or Iroquois. From Caughnawaga, near Montreal, and even from
New York State, coming through the woods, bent upon conquest, they
descended all the rivers from the Merrimack to the mouth of Saint Law-
rence in more than a century of conflict. The Mohawk warcloud had
long been gathering in the west. Father Driiillettes' mission to Boston
showed that before 1650 the Maine Indians regarded the Mohawks as
intolerable. And King Philip's war, whatever its more immediate causes,
was the effort of a shrewd leader to crush the lesser menace of the ever-
increasing English settlers, before he turned for the death-grapple with
the Mohawks, which he knew must come. By 1680 the Mohawks had
driven out of Maine a considerable part of the native Indians, and the
Maine woods are full of the unmarked battle-grounds of these two blood
enemies, a warfare which did not cease until the supremacy of the Mohawks
over all the eastern tribes had been acknowledged.

There is a sentimental tendency to bewail the hard fate of the Indian
and to blame the English for exterminating his race. But the Maine
Indians never were "exterminated" save in the rare literal sense of being
driven beyond their own boundaries. Their worst foes were not the
English, but men of their own race. That the English protected them from
the Tarentines their own language bears witness to this day. From the
Mohawks, approaching by secret woods routes from the rear, nothing could
have preserved them. The English did encourage the Mohawks; but, on
the other hand, the Abenakis were allies of the French, England's enemies,
and when the French were beaten, they had to take French fare. Private

56 HISTORY OF MAINE

aggressions there were, public wrongs, pious frauds, not creditable to the
English; but, unprompted by the French, the Indians would not long have
weighed these against the advantages of English protection against their
hereditary foes and of trading at the English truck-houses. To people
who had known only stone knives and axes, bone needles and fish-hooks
and birch-bark kettles, anything would have been preferable to the loss of
the iron and copper kettles, the guns and ammunition, the steel needles and
knives, the broadcloth and ribbons, beads and trinkets, duffels from Ant-
werp and penistone from Yorkshire, for which they could exchange their
peltry. As late as 1700 the Penobscots were going with their furs all the
way to Casco Bay to purchase the goods they wanted. They asked for
a trading House at New Harbor, because the Kennebec Indians who lived
nearer Casco Bay got the best of every consignment before they arrived
"And we Desier what Goods is sent to us Lett them be very Good of their
Soarts." Trade alone would have kept the Maine Indians friendly had not
the French worked among them with imperial designs.

The daily life of the Maine Indian can be appreciated by all who have
followed the water-ways of the Maine woods hunting and fishing. The
quest for the day's food, the sport of running rapids, the toil of poling up
against the current, the fatigue of the carries, the camp-fire at night, the
hearty evening meal and sleep upon beds of fir boughs savage and tourist
share in common in the timeless region of the woods. But the Indian
was always the busier man. The "lazy Indian" is a figment of the white
man's prejudice. Merely to exist, finding himself in food, clothing, shelter,
weapons and fire, in a climate as stern as this, required constant application.
What a labor it must have been to construct a good birch canoe with noth-
ing but stone tools ! What a task, among the great trees of the forest,
when a stone axe was the only implement, to supply the firewood for even
the little Indian fire, to get ash for basket-stufj, to rift maple for paddles,
to replace the breakage of spears and lances, bows and arrows, with heads
of stone or bone and shafts that had to be true and shapely ! Yet the
work was done in a way to excite admiration. No doubt after the time
when a few skins would buy the implements he needed, the work of the
Indian man fell away, while that of his wife did not ; but in the beginning
the division of labor was a fair one. Those who did not work in summer
could not eat in winter. When the ice broke up there was the spring hunt
of beaver and muskrat- Then the fish came up the rivers in millions, and
at the foot of every fall men, women and children scooped alewives and
shad; or they caught them in rude weirs. Salmon must be speared when
they began to run up stream, and sturgeon must be taken, and all these
fish must be smoked and dried for winter use. Then they must plant their
fields of corn, beans and pumpkins, together in little hills, with an alewife
for fertilizer, as they taught the English colonists. When midsummer flies
and mosquitoes made the woods unendurable, they all went to the seashore.

THE INDIANS OF MAINE

57

There in great clambakes they steamed clams, oysters and lobsters and dried
them for winter use, packing them away in birch-bark boxes. There they
gathered acorns and ground them into meal, or, as Josselyn tells us,
extracted oil from them. They got feathers from the sea-birds nesting on
the islets. They hunted seal and porpoises and tried out the oil, storing it
in seals' "pokes," for lack of jars. They even hunted whales. Both
Josselyn and Rosier tell of the boldness with which they pursued and
captured whales, fastening to them, in their frail canoes, with harpoons
made of bone and lines made of bark. Berries they picked and dried for
winter use. They dug the roots of the ground nut and of the yellow
meadow lily. When the eels came down stream in the fall they caught
them in weirs and dried them in great quantities. Then came the harvest
and the fall fur-hunt and all through the winter they worked upon gar-
ments, weapons and ornaments, the making of wampum and baskets, the
getting out of basket-stuff and birch-bark, the hunting of large game for
fresh meat. By night the wolves howled round their wigwams and on
stormy days of winter in their communal long houses, such as Williamson
describes, or in their small conical camps of spruce bark, they watched
the kettle. The feast preparing might be dried clams or oysters, boiled
in water, well seasoned with bear or seal oil, with pounded acorns added
to give it a good flavor. The kettle itself would be of birch-bark — Joseph
Necolar says so — their pottery being too frail and porous for cookery. A
great turtle shell or a wooden bowl would be the serving dish. Thus they
feasted.

The Abenakis were not weavers. When the white man came, he found
them dressed in skins, though John Josselyn says that they sometimes wove
for their little children curious coats out of the feathers of the wild turkey,
which at that time was found along the Maine coast. Josselyn describes
the dress of the women in the middle of the seventeenth century, when
cloth had largely replaced the earlier skin garments, — "a pair of sleeves
of deer, or moose skin drest, and drawn with lines of several colours into
Asiatick works, with buskins of the same, a short mantle of trading cloth,
either blew or red, fastened with a knot under the chin, and girt about the
middle with a zone, wrought with white and blew beads into pretty works ;
of these they have bracelets for their necks and arms, and links to hang
in their ears, and a fair table curiously made up with beads likewise, to
wear before their breast ; their hair they comb backward, and tye it up short
with a border about two handfulls broad, wrought in works as the other
with their beads."

Until the middle of the last century the dress of the women remained
much the same. It was made of either red or blue broadcloth, called
"annuity cloth," trimmed with ribbon bands of contrasting color — moc-
casins, loose leggings, short skirt, and a short jacket. In winter a grey
blanket and peaked squaw's cap, or hood, was worn. But the beaded

58 HISTORY OF MAINE

ornaments were replaced by costly silver adornments, chased and pierced,
and worn as brooches, hair ornaments, bracelets and hatbands. A man's
tall silk hat with a broad silver hat band was worn by some Indian women
until after the Civil War. Most of the silver dollars they received were
made over by white silversmiths into bands and brooches, which often
were eight or ten inches in diameter. Until the same period the principal
garment of the older men was a long frock coat, belted at the waist, often
with no shirt beneath even in the coldest weather. Instead of trousers they
wore leggings to the knee, held up by straps attached to the waist-band of
a breech-cloth. An invariable part of a man's costume was his pitsonungan,
or wallet. This was the skin of a mink, sable, or woodchuck, skinned
through a slit in the back of the neck, with the skull left in. Tanning made
it pliable and preserved it. When slipped under the belt this made a double-
ended bag in which were carried pipe, tobacco, flint, steel and money. Until
long after the white settlers came to the Penobscot the Abenaki men shaved
their heads, excepting a scalp lock tied close to the crown. The men often
wore a blanket in winter, but rarely any head covering. When Chief Orono
went to Boston, during the Revolution, he and each of his companions was
presented with a complete suit, consisting as the official records show, of a
laced hat, probably tricorne, a ruffled shirt, a blue broadcloth blanket, a
medal to be worn on a ribbon, and a pair of shoes with bright buckles, a
costume quite impossible of dignified representation in a pageant.

Of all untutored peoples the Indians were naturally the most religious.
The Abenakis, already prepared by their "spiritual men," or powwows, were
open to receive religious teaching and readily comprehended what was
taught them. There are few prettier pictures than that painted by Father
Druillettes of the eagerness with which the Kennebec Indians received his
instructions, the children teaching their elders, who were slower to under-
stand, and sitting up all night by the campfire, marking on birch-bark, with
bits of coal, symbols by which they could more easily memorize what had
been taught them. One old man, says the Father, became "un veritable
saint." Before they received any instruction they had a belief in a superior
and beneficent Great Spirit, in a hereafter and in moral law. They had
their demi-god, the first created man, called Glusgahbeh by the Penobscots,
Kuloskap by the Maliseets and Glooscap by the Micmacs, who, like Hia-
watha, came on earth to teach them. And they believed in innumerable
beings, giants and fairies, spirits and monsters, of earth, air and water,
mostly malignant, among whom they moved in peril. Although the early
voyagers testify rather unanimously to their belief in a Devil, they had no
notion of the Puritan Satan until later years. The word applied to this
concept, Marjeehondu, or Mahdahantu, was at first only their name for their
personal amulets, the counterparts of the western Indian's "medicine bag,"
just as their M'deoulinuk, or powwows, were the same as the western "medi-
cine men." The word "medicine" itself was never used in this sense by
-'.he eastern Indians.

INDIAN \\OMK.N MAKIMii HASK.KTS
(Iniliin Island, Old Town. Me.)

THE INDIANS OF MAINE

59

There was a clan, or totem, system among the Abenakis, now so broken
down that it is hard to make out. The Quoddies have kept more of it than
the Penobscots. The Bear clan is well defined and the largest. It is found
among the Penobscots, the Quoddies and the St. John Maliseets. They
claim to have originated from a lost child who was adopted by a mother
bear. All the Mitchells, for example, are IVassoosak, Bears, though not
the only Bears. There was a Sturgeon gens, a Beaver gens, a Wolverine
gens, and a Hummingbird gens, which, by a Quoddy legend, gave rise to
two bastard gentes, the Dogs and the Pigs. Probably the Raccoons were
also a gens. In the absence of surnames, except among those descended
from the French, they were able to trace their family lines by this adoption
of animals for the family symbol. For instance, Joseph Polis, who was
Thoreau's guide, drew a bear in a canoe to represent himself and wrote
beneath, Sosep nia, "Joseph all alone." He himself was never called "Bear,"
but his father, Polis Wassoos, was clearly of that gens. But not all animal
graphs were totems. Old Governor John Neptune's sign manual was a
snake. It stood for personal prowess ; but had the old clan system endured
it would probably have become the totem of some of his descendants.
Usually the names of animals borne by Abenakis have been nicknames.
Soccabesin Eagle was a Neptune ; Sebattis Lobster was a Mitchell, and
so on. Abenaki signatures also have been largely arbitrary. In 1643 and
1650 Sagamore Rowls of Newichwannock (South Berwick) signed two
deeds. One sign manual is a standing figure with the body and feet of a
man, the paws of a bear and the head of an ox. The other is a bow and
arrow, followed by a scrawl. The forged Wheelwright deed gives him still
a third signature, the figure of an Indian, known as such by its having
no hat.

The Abenaki government was by chiefs of three grades, the first and
second sagamores and the inferior chiefs, of whom there was one for every
village or gens, it is not clear which. Very early these were styled Governor,
Lieutenant-Governor and Captains, with rarely a Colonel or an Esquire. It
has often been stated that the highest chief was the sagamore, the second
the sachem, but the distinction is fanciful. Sogmo, sagamore, was, and is,
the pure Abenaki and sakum, or sachem, the Maliseet word for chief." A
chief might be a warrior, or he might not be; he might be m'deoulin, that
is, possessed of supernatural power, or he might not have it ; he usually had
one qualification, or both. The office was for life, and when possible,
hereditary ; but just how the succession was managed living Abenakis can
not tell. It seems at first to have followed female lines of descent ; later,
with the access of French blood, the male lines. For example Madocka-

"Capt. Mansell said he never heard the word "sachem" used by the Penobscots.
Rev. Elijah Kellogg's list of Passamaquoddy words, dated 1828, gives sockum
(sachem) only. (Mass. Hist. Colls., 3rd series. III: 181) Early documents some-
times speak of the same man as "chief sachem and sagamore," as if the words
•were dialectical synonyms.

60 HISTORY OF MAINE

wando was succeeded by his cousin, and neither of his grandsons, Castine's
acknowledged sons, acted as chiefs in council," though Father Lauverjat
said they held French commissions as officers. But by the name of Attien,
there were three, and perhaps four, sagamores reputed to be lineal descend-
ants of Baron Castine. The Attien line would seem to trace to one of
Castine's daughters.

The succession of Penobscot chieftans has not been made out with
accuracy. After Bashabes the first we hear of is Madockawando (or
Mahtahquanto) between 1669 and October, 1698. He came to Castine at
the time the French occupied it. He is said to have been the adopted son
of that Essemonosque, Kennebec sagamore, who signed deeds in 1653. ^n
1694, Madockawando gave two deeds of land on George's River, one of
them jointly with Egeremet of Kennebec. Later these came into dispute.
Other Indians declared that Madockawando had no right to this land.
"Was Madockawando an Indian of St. George's or Penobscott?" asked
Governor Belcher, in 1736. And Captain Job of the Penobscots replied:
"Of neither, the nearest he was to us was Machias or St. John's." From
which it would appear that he was an Etchemin by race, if a Kennebec by
adoption, and that the Pentagoets, over whom he ruled, were Etchemins
also. Pasquine, in 1688, wrote of him that he was "a brave and upright
man, and an acute and subtle understanding."

The next chief, Wenonganet, spelled in many ways, first appears in
treaties and councils in 1701 and last in 1727.

Loron, Lolon, Lolaw, or Lola, the Indian form of Laurent, or Law-
rence, followed. He is often called Lolon Saguarrab, or merely Saguarrab.
He is the man whom Father Lauverjat praised so highly for attacking the
English fishing vessels. Official papers show him to have been a great
warrior, a greater diplomat, and an executive of ability. He had tireless
energy. In council he once said that that summer he had been from
Penobscot to Boston, thence home and up to Quebec, from Quebec back
to Penobscot again and so to Boston, having had but three days in the whole
summer with his family. He appears as late as 1751 and may be the Low-
ring mentioned in 1760. In 1757 two sons of his died of smallpox and it is
not certain whether he left descendants, though the name Lola, now Eng-
lished as Loring, still exists. Loron's sign manual was a beaver, perhaps
his totem, perhaps a compliment to his industry and sagacity.

About 1749 appears Ossung, Oosunk, Assung, Ausing, etc. The name
is the Indianized form of John, Azo or Uzzah, still found in the name of
Orson. He, or one of the same name, figures in a treaty as late as 1796.

At about the same time as Ossung appears a Neptune, who may or
may not be the Colonel John Neptune who signed with Ossung in 1796;
but Colonel John Neptune is almost assuredly the father of Lieutenant-
Governor John Neptune, born July 27, 1767, died May 8, 1865, for fifty

"Though Anselm attended the Arrowsic conference, 1721.

JOSEPH ORONO MONUMENT, AT ORONO

THE INDIANS OF MAINE 61

years the Lieutenant-Governor of the Penobscots. His portrait hangs in
the Tarratine Club, Bangor. Neptunes are found early and in numbers in
both Penobscot and Passamaquoddy tribes. The name is never subject to
any variation except Nepten and its meaning is wholly obscure. As a
family the Neptunes were accredited with supernatural powers.

The Aitteons, Attians, or Atteans, as now written, are reputed to be
direct descendants of the Baron St. Castin. It is the French Etienne,
Stephen. The first one appears under the old French form Estien at the
Portsmouth Conference of 1714, and Acteon (as printed in Baxter manu-
scripts) who signed the Georgetown Conference of 1720 is undoubtedly the
same man. Individuals cannot be traced until we reach Governor John
Attian, "son of Attian," born 1778, died May 14, 1858, Governor of the
Penobscots for forty years. His son, Governor Joseph Attean (Dec. 25,
1829, to July 4, 1870), the Old Party Governor for seven years, was
drowned at Grand Falls, near Millinocket, trying to save his boat's crew.

No Maine Indian has attracted so much attention as Joseph Orono,
"the blue-eyed chief," and no one is harder to learn anything about. He
appears suddenly, without antecedents, and, already an old man, assumes
the leadership of the tribe through the most critical period of its history.
Mystery surrounded him even in his own lifetime and his light hair and
blue eyes gave rise to stories" of his being a white child stolen by the
Indians. General Knox, after seeing him in 1784, wrote that he was "an
old man, half Indian and half French, of the Castine breed." Orono him-
self told Captain Joseph Mansell that "his father was a Frenchman and his
mother half French and half Indian." This necessitates his being the son
of one of Baron St. Castin's daughters. But as Castin did not marry until
1688," either Orono was illegitimately descended from the Baron or he
was much younger than all reports say. At his death, Feb. 5, 1801, it
was claimed that he was from no to 113 years old. Indians are notorious
for over-estimating ages, and in the absence of any baptismal record,
Orono's age was probably over-rated. Otherwise a woman who was not
born until he was either eighty-five or eighty-eight years old, could hardly
have remembered him as "tall, straight, well-built and fine-looking" ;
nor would he have been likely to have done all his important life-work
after he was eighty-four years old. But even subtracting fifteen or twenty
years from his age would not identify him as the grandson of St. Castin's
legal wife.

The name Orono is not Indian, but French, say the Penobscots. The
only Indian name they know for the great chief is his nickname K'toolaqu',

"Ably refuted by Rev. John M. Harrington in Sprague's "Journal of Maine
History," Vol. V, No. i, 1917.

"Letter of Sieur de Menneval, Governor of Acadia, Sept. 10, 1688: "I have
induced the Sieur de St. Castin to live a more regular life. He has quitted his
traffic with the English, his debauchery with the savages ; he is married and has
promised me to labor to make a settlement in this country." The census of 1693
gives his age as 57 years ; with a wife and one child.

62 HISTORY OF MAINE

or Toluc, which they say means "a big ship with guns." His descendants
to this day are called the K'toolaqu'ooseesuk. The origin of this nickname,
which the Indians themselves cannot explain, probably lay in Orono's visit,
in 1782, to the French frigates lying at Newport, R. I. No doubt after
his return he talked much of the big ships with guns. He was sometimes
called Sosep Toluk, sometimes Sosep Bulahmoos, or Pulmus, and he may be
the Umbarius of Baxter MSS. XXIV : 24, 25 ; as he is surely the J. Horns
of Baxter XX : 81 ; but he is not the Captain Jo Ouwoorana of Baxter
XXIII : 94. The English name of the old chief's lineal male descendants is
Lewis, but the university town of the State perpetuates the sonorous Orono
and the pious veneration of the Knights of Columbus has erected a dignified
monument to keep his memory green. Nor will the services of Joseph
Orono ever be overvalued. Next to Colonel John Allan of Machias, he
was the means of saving Maine to the Union.

From the first Orono was a friend to the Americans. He was in
Boston in April, 1775, consulting General Warren about the Abenakis
giving aid. Two days after the battle of Bunker Hill, while the body of
Warren lay still unburied, he was in Boston again. And in 1778, in 1780
and in 1782 we find him there. One of the most dramatic incidents in
Maine history was enacted just below the Red Bridge (so-called) on the
Penjejawock in Bangor, April 30, 17/9, when Orono and his second chief,
Colonel John Neptune, came together to Preble's truck house. (Bits of
the brick of the old truck-house chimney may be dug out of the side of the
railroad embankment there to this day.) They brought wampum — strings
and a war belt. Neptune read it; no doubt he was the one to whom the
messengers came in Oldtown, and he had come down to Orono's camp on
the flat shore a little above the truck-house. And hearing the message,
John Preble wrote with all haste to Colonel John Allan :

"Then John Nepten Presents three small Strings Wampum and says
(holding the first String) These are sent our Tribe from Canada by Two
young men about three weeks ago.

"ist String, we send this to open your Eyes

"2nd String, That you may see a great way

"3rd String, That your Ears may be opened to hear. . . . Then
presenting a Large Belt of Wampum, 1500 White; said this Likewise was
sent us from Canada with this Message.

"Brothers Don't have any Connections with the Americans. Remove
yourselves off from them and not keep with them. . . . The Indians
are coming a Cross the Woods as soon as the leaves are as big as our Nails,
and are Determin'd to Destroy the White People, 300 [Indians] on the
River Penobscott, 300 upon the Norridgwock River and 300 upon Cohos.
. . . Brothers, there is now at & near Canada 9000 Indians ready ty
execute any orders they may receive from the British General in Can-
ada. . . ."

Coming in from sea, days after the message had been sent post haste
to him, the stout heart of John Allan for once failed him. Already the
leaves were growing.

THE INDIANS OF MAINE 63

"I did not intend to have wrote," he says. . . . "But certain it is
that the Messenger has been here, with the Belt and strings of Wampum
and the whole of the Indians are in a flutter and the distress of the unhappy
Inhabitants is deplorable.

"I find myself surrounded on every Quarter. . . . Cruizers on the
coast, the Enemy posted ... & the Indians & Torys (the same as
Butler at Susquahanah) on our Backs. . . .

"It may be rely'd on that without the Interposition of Providence that
this Country will fall a pray as at Susquahannah "

We have forgotten the massacres of the Valley of the Wyoming. They
were fresh to Patriot John Allan, who knew the fears of the already sub-
jugated Abenakis and the small chance that they would dare refuse to do
the behest of the Mohawks. But Chief Orono and Chief Neptune, who had
seen the Mohawks come even to Oldtown and fight there, stood firm. De-
liberately they cast in the lot of their people with that of the weak American
settlers, deliberately they made public that secret message never intended
for American ears and became themselves the Interposition of Providence
which Patriot John Allan so devoutly prayed for.

At this time Orono was probably living in the little village on the
river bank half a mile or so above the truck house. He had had trouble
with the tribe and with about thirty followers he withdrew to Fort Halifax
on the Kennebec, where he stayed some years. Tribal traditions say that
on his return to the Penobscot he still lived apart and it is certain that he
died not far from the truck house. The place of his burial is unknown,
but tradition says that it was upon the farm of the old Jameson place in
Stillwater.

About the middle of the eighteenth century the form of government
of the Penobscot tribe changed. As the result of a quarrel between the
two chiefs, the tribe split into the Old Party and the New Party, each
electing its governor and lieutenant-governor. Finally strife ran so high
that by the so-called "Special Law" of the State, the parties alternated,
each one having yearly elections entirely limited to its own candidates.
Since the Civil War this custom has prevailed, the only change being from
annual to biennial elections. Among the Passamaquoddies the change came
later, after the death of their venerable Chief John Francis, about 1876.
At present their elections are held every four years. Each tribe has the
privilege of sending a representative to the Legislature to look after its
affairs. Each also elects its own policeman, has its churches, convents,
resident Sisters of Mercy, and schools. The charges are largely paid by the
State from a special fund.

The friendship of the Penobscots was recognized by the Commonwealth
of Massachusetts, beginning with the treaty of 1786, which confirmed cer-
tain lands to them, with liberal gifts. These lands, and more not included
in that treaty, were afterwards bought by Massachusetts in the treaties of
1796 and 1818, and by Maine, in 1820, on terms which assured each Indian

64 HISTORY OF MAINE

annual "dividends" of corn, pork, molasses, broadcloth, powder, shot,
blankets, tobacco and necessary supplies. At present, instead of the actual
issue of goods, a certain sum of money is allowed each individual, which
he usually takes up at the agency store. The last four townships belonging
to the tribe were sold in 1833, and the interest is paid over annually for
the use of the tribe. In addition to these two funds the Penobscot tribe
receives an annual rental from the boom corporations for the 'use of the
Indian shores of the islands in the river above Oldtown. The Penobscots
own all the islands above the city of Oldtown, 146 in number, aggregating
almost 4,500 acres. While most of the tribe live upon Oldtown Island,
there are groups all the way up to Lincoln. At Point Pleasant, nine miles
from Eastport, and at Peter Dana's Point, at Princeton, live the Passama-
quoddy Indians. The two tribes have intercourse and amicable relations and
live under much the same conditions ; together they aggregate about a
thousand souls, which, compared with the agent's rosters of a century ago,
shows a marked increase. Though not citizens they are all law-abiding and
peaceable and those who know them intimately hold them in esteem.

[NOTE. — Mrs. Eckstorm gratefully acknowledges the kindness of Prof. Taury
in advice and criticism.]

Chapter IV

FEDERALISTS AND DEMOCRATS
WAR OF 1812

ME.-O

RUFUS KING

CHAPTER IV
FEDERALISTS AND DEMOCRATS— WAR OF 1812

During the Revolution, Massachusetts was concerned not only with
the winning of independence, but with the creation of a permanent govern-
ment. The Provincial Congress, formed when Governor Gage refused to
call a session of the General Court, was a purely revolutionary body. In
the summer of 1775, acting on the advice of the Continental Congress,
Massachusetts established a government as nearly as possible like that pre-
scribed by the provincial charter of 1691. The offices of Governor and
Lieutenant-Governor were treated as vacant, and the executive power, as
the charter provided in such a case, was vested in the Council. It was
felt, however, that the arrangement was only temporary, and in 1780 a
special convention authorized to act by a vote of more than two-thirds of
the Massachusetts towns submitted a constitution which the people accepted.
It provided for a Governor, Lieutenant-Governor, Council and two-
chamber Legislature. The representatives were to be chosen by the towns,
each town then incorporated having a perpetual right to send one at least.
The senators were to be elected by the counties ; the number chosen by
each county depending not on its population but on the proportion of the
public taxes that it paid.

In 1778 the Continental Congress had divided the country into admir-
alty districts. In Massachusetts there were three — a southern, a middle and
a northern. The northern district consisted of the three Maine counties,
and Maine was commonly called the District of Maine, or, more briefly,
the District, until its separation from Massachusetts forty years later.

In 1788 Maine was invited to express, indirectly, her views on the
adoption of a Federal Constitution. In the General Convention at Phila-
delphia, which drew up the constitution, Maine was not represented, the
four delegates from Massachusetts being all from Massachusetts proper.
The ablest of them, however, Rufus King, was a native of Maine.

Farrand in his work, "The Framing of the Constitution,'" places King
among the dozen members of the convention who exerted the most influ-
ence. He says of him: "Rufus King, somewhat over medium height,
was an unusually handsome man and with great personal charm. Of
marked ability, and an eloquent speaker, with a sweet clear voice, it is no
wonder that ... he should be regarded as one of the coming men of
the new nation. He had been opposed to any radical reform of the confed-
eration, but convinced of his error he joined heartily in the work of the
convention and as might be supposed, his support was as heartily wel-
comed." His most distinctive work appears to have been in securing the
adoption of the clause forbidding a State to pass laws impairing the obliga-
tion of contracts.

'Farrand, "Framing of the Constitution," 32-33.

68 HISTORY OF MAINE

The Massachusetts Convention which ratified the constitution was
composed of 355 delegates, forty-six of whom were from Maine. A great
majority of the members were content with giving a silent vote, and took
no part in the debates. Of the Maine representatives, only seven spoke.
Five opposed the ratification of the constitution, one favored it, and one
desired an adjournment of the convention ; but, when the question of rati-
fication was put, voted in the affirmative. One of the most violent opponents
of the constitution was that zealous patriot of the Revolution, General
Thompson.

The only delegate from Maine who expressed himself as unqualifiedly
in favor of the constitution, was Captain Snow, a shipmaster of Harpswell.
He said that he was ready to give Congress the power necessary for man-
aging the affairs of the nation and was ready to punish the members if
they abused it. When the vote on the question of ratification was taken, it
was carried by the small majority of 19 in a total vote of 355. The vote
in the Maine counties stood: York, yeas 6, nays n ; Cumberland, yeas 10,
nays 3; Lincoln, yeas 9, nays 7. Total: yeas 25, nays 21.

For several years after the government under the constitution went into
operation, politics were very quiet, John Hancock, by far the most popular
man in Massachusetts, being elected Governor year after year, without
opposition. But in 1793 he died, and two parties formed, the subjects of
difference being the French Revolution and the true principles of govern-
ment. One party, which was chiefly made up of former Federalists and
that took or kept the old name, was so shocked and alarmed by the impieties
and massacres in France that they earnestly desired the success of the kings
who had leagued themselves against her. They dreaded anything like a real
democracy, and wished affairs at home to be quietly managed by the "wise
and good," that is, by a few well-to-do, cultivated, conservative gentlemen,
whose lead the people should meekly and gladly follow. Their opponents,
called sometimes Republicans and sometimes Democrats, wished the govern-
ment to be conducted as nearly as possible in town-meeting fashion, and in
strict accordance with the popular will.

The Federalists had in their ranks most of the persons of social posi-
tion, nearly all the merchants, lawyers, Congregational ministers, and
conservative persons generally. The Republican party contained a few
lawyers, more physicians, the bulk of the farmers (though some of the
rural districts were very strongly Federalist), and the poorer, more radical
and discontented members of society. The Democrats wished government
to be as far as possible of the town-meeting type, and claimed that the
general welfare was being sacrificed for the benefit of a wealthy class, and
that the farmers were being plundered to enrich the merchants. Yet even
the Democrats paid considerable regard to social distinctions. Many of
their leaders were lawyers and merchants, and until the Jacksonian epoch
they usually chose for the higher offices men of refinement and culture.

FEDERALISTS AND DEMOCRATS 69

In 1800 the Democrats won a decisive victory in the presidential elec-
tion, Thomas Jefferson obtaining seventy-three votes in the Electoral College
to sixty-five for John Adams. Jefferson was in theory a pronounced anti-
militarist, but in the very first year of his administration he found himself
involved in a petty war.

In 1801 the Pasha of Tripoli declared war against the United States,
and it continued until 1805. From September, 1803, to September, 1804,
the American squadron in the Mediterranean was commanded by Com-
modore Edward Preble, of Portland. Commodore Preble when a young
man had distinguished himself in operations off Penobscot at the close of
the Revolution. In 1798 he entered the naval service of the United States,
and he served honorably in the war with France. In 1804 the commander
of the Mediterranean squadron, who had shown himself unequal to his
position, was recalled, and Preble was appointed commodore, that is, com-
mander of the squadron, in his place. He served with much ability for a
year, when, the squadron being reinforced, Preble, who was only a junior
captain, was obliged to yield the command to his senior, Captain Samuel
Barren. On his return to the United States he was received by the Presi-
dent with great distinction, and Congress voted him its thanks and a gold
medal. He had also won the regard of several British officers who were
stationed in the Mediterranean, and the Pope is reported to have said that
the American commander, with a small force and in a short space of time,
had done more for the cause of Christianity than the most powerful nations
of Christendom had done for ages. Preble was not, however, to enjoy his
honors long. His health, which had for some time been poor, broke down
completely, and he died on August 25, 1807, at the age of forty-six.

During Preble's blockade of Tripoli, an attempt was made to destroy
the enemy's gunboats and injure the castle and town by a fire and powder
boat. A vessel which had been captured and renamed the Intrepid was
filled with explosives and combustibles, and thirteen daring men, under Com-
mander Richard Somers, volunteered to take her into the harbor and
fire the train. They had with them two fast row boats in which it was
hoped that they might escape. The second in command was Lieutenant
Henry Wadsworth of Portland. The attempt was made on the night of
September 4, 1804, between nine and ten. The Intrepid entered the harbor,
but before she had reached the place intended for the explosion, she sud-
denly blew up and all on board perished. Whether this was due to acci-
dent, to a Tripolitan cannon ball passing through the magazine, or to the
act of her own crew to prevent the enemy from boarding and capturing
the Intrepid and the great store of powder she carried, was never certainly
known. The bodies were picked up or were washed on shore, and were
decently buried by the Tripolitans. A monument to these officers and to
the others who fell in the war v.-as subsequently erected in the Naval
Academy grounds at Annapolis. Possibly there is a more durable monu-

70 HISTORY OF MAINE

ment to the memory of Wadsworth in the name of the nephew and name-
sake born less than two years after his death, Henry Wadsworth Long-
fellow.

To return to political matters. Maine was Federalist until 1805. By
that time the party had greatly decreased in numbers. Even Massachusetts,
a Federalist stronghold, had been carried by Jefferson in the preceding
year, though the Federalists elected their candidate for Governor. But
in Maine there was great discontent with the land policy of Massachusetts.
Men who sought homes had settled without leave on land which had been
sold or granted in large tracts to wealthy individuals and companies. In
some cases the settlers were expelled, losing their improvements ; some-
times the owners would neither sell nor lease ; in other cases the owner-
ship of the land was in dispute and there was no one who could give a
clear title. It was felt in Maine that the Legislature at Boston favored
the absentee landlords and wrongfully refused to resume land which they
had forfeited by non-compliance with the conditions of the grant. These
local causes and the general Democratic movement gave the District of
Maine to the Republicans in 1805, and nearly gave them the State in the
following year.

No efforts were spared on either side. Each party had a good organ-
ization, which it endeavored to keep secret. There was a strong feeling
that an election should be the spontaneous act of the voters, enlightened
perhaps by newspapers and pamphlets, the latter then playing the greater
part in politics- For a candidate to attempt to further his election either
by speaking or writing was considered highly improper. Political organiza-
tions were regarded with disfavor and when a party was caught making
use of one, it explained that it had very reluctantly resorted to such means
but that it.-j opponents were doing so in the most outrageous way, and that
it was necessary to fight them in a similar fashion.

In 1806 the Democrats discovered and the Portland Argus published
with great glee a circular from the Federalist county committee for Cum-
berland, appointing a committee in every town, which was to divide the
town into districts and assign one to each of its members whose duty it
would be to prepare a list of the Federalists and of the doubtful voters,
and devote himself to getting the first to the polls and to winning over the
second. The central committee added, "As the success of these exertions
for the public good in some measure depends upon secrecy, we therefore
recommend to the town committee, to be silent even with Federalists and
with the subcommittees on the subject of their connection with us, the
county committee, in order that the exertions in every town may appear
to originate in said town. This is thought to be necessary in order to pre-
vent jealousies and unfounded prejudices."* In justice to the Federalists,
it should be said that the Republican methods were quite similar.

'Argus, March 21, 1806.

FEDERALISTS AND DEMOCRATS 71

The Federal candidate for Governor was Caleb Strong, the Republican,
James Sullivan. The latter had grown up in Maine, though he later became
a resident of Massachusetts proper. Mr. Sullivan was an able and schol-
arly man, a good lawyer, and by no means extreme in his political views.
He always retained an interest in the region where his childhood and early
manhood were passed, and in 1795 published a history of the District of
Maine. He was the first president of the Massachusetts Historical Society
and served from 1791 to 1806, when his political opponents prevented his
reelection.

The returns of the election for Governor reached Boston slowly. When
all from "Old Massachusetts" had been received, Strong led in that part
of the State by 4,233 votes, but as the returns from Maine came in, it
was seen that there was great danger of his majority being wiped out. The
Columbian Centinel, a leading Boston Federalist paper, declared: "The
question now is, Shall the squatters of Maine impose a Governor on Mas-
sachusetts?" But there were votes in Maine which the Federalists needed,
and when the Independent Chronicle, the most influential Republican paper
in New England, accused the Centinel of calling the inhabitants of Maine
squatters, the Centinel replied that it only referred to newcomers who had
not been in the State long enough to imbibe the principles of Massachusetts,
"by which, of course," says Mr. Stanwood in his article on this election
in the Proceedings of the Massachusetts Historical Society, "it meant that
they had not been members of the community long enough to become Fed-
eralists."

Strong was elected, but by so small a majority that only public opinion
prevented the Legislature, which was Republican, from counting him out.
The next year fortune turned, and Sullivan became Governor. He was
reelected the following year, but had a Federalist Legislature and Council,
and died just before the expiration of his term.

The public feeling in Massachusetts, as in the nation, was setting
strongly toward the Republicans, but it was checked by the passage in 1807
of an embargo law forbidding commercial intercourse between the United
States and foreign countries. It was hoped that this would compel both
England and France to cease their interference with American commerce,
but the stoppage of trade caused the greatest distress in the United States
and provoked furious opposition to the law which caused it. Various
towns in Maine joined in the chorus of remonstrance. Nor did the opposi-
tion stop with mere words. All kinds of tricks were resorted to in order to
evade the law. Vessels bound from one port of the United States to
another would be disabled by storms or be driven by adverse winds far
out of their course and be "compelled" to take refuge in a West Indian
port and to sell their cargo to obtain the money for necessary repairs.

There was a great deal of running goods across the line, and Eastport
became notorious as a center of this business. Goods, particularly flour,

72 HISTORY OF MAINE

were brought there in enormous quantities and then taken under cover of
night or fog from the American to the British side of the bay. The British
facilitated this by allowing the free importation of American goods into
New Brunswick, and by stationing armed vessels just back of the boundary
line in Passamaquoddy Bay, to protect smugglers from the United States.
The American Government made every effort to enforce the embargo ; navy
vessels were ordered to Eastport ; at one time Decatur was sent there in the
Chesapeake; cordons of sentinels were posted and guards mounted over
stores, but the guards were ready to assist the smugglers for a consideration,
and in after years the story in Eastport was that all but three were cor-
ruptible, and that even they were ready to oblige a friend by taking a walk
or a nap at the proper time.

The attitude of New England forced a repeal of the embargo, a non-
intercourse act with England and France being substituted. There followed
three years more of insult and outrage from both belligerents and of bitter
partisan strife at home, and then in June, 1812, the United States declared
war against Great Britain. Opinion in Maine was much divided. There
was a strong anti-war sentiment. William Widgery voted in Congress in
favor of a declaration of war, and was censured for his conduct by the
people of Brunswick in their town meeting. Belfast refused to consider
resolutions for making military preparations. Castine declared against war
and against any voluntary enlistments, though approving of resistance to
invasion.

The opposition to the war and the Government found one of its most
radical leaders in Samuel Fessenden, of New Gloucester, "a rabid Feder-
alist community." In January, 1814, he said in a speech in the General
Court that "the distress of the District of Maine was intolerable ; the chil-
dren were naked and barefoot, their families were deprived of bread for six
weeks together, and they were entirely dependent on other parts for that
article, and obliged to pay twenty-five cents for a permit to carry bread
to their families. He would take the sword in one hand, the State constitu-
tion in the other, and demand his rights ; it was time to take our rights into
our own hands. We ought to pass a law prohibiting any person stopping
vessels going from one point to another ; that we ought to establish a custom
house by law, and the sooner we come at issue with the general government
the better.'"

Later he was an advocate of the calling of the famous Hartford Con-
vention. This was a meeting at Hartford of delegates from Massachusetts,
Connecticut, Rhode Island, and from some districts in New Hampshire and
Vermont, to consider the means of obtaining a redress of grievances. It
was charged at the time that the real purpose was to plan secession, but
this was probably false. In the House of Representatives a majority both
of the members from Massachusetts proper and of those from Maine voted

'Morison, "Harrison Gray Otis," II: 89.

FEDERALISTS AND DEMOCRATS 73

for calling the convention. Of the twelve delegates from Massachusetts,
two, Stephen Longfellow and Samuel S. Wilde, were residents of Maine.
Both were lawyers. Wilde was by birth a Massachusetts man, and after
Maine became a separate State he returned to Massachusetts, desiring to
retain his position as a judge of the Supreme Court, to which office he had
been appointed in 1815. Mr. Longfellow was a good lawyer and an honor-
able, refined and courteous gentleman, but his chief distinction is that of
having been the father of Henry Wadsworth Longfellow. Like most of
their collesgues, Wilde and Longfellow were not extremists. Mr. S. E.
Morison says in his recent "Life of Harrison Gray Otis": "The Massa-
chusetts Legislature had taken care not to choose prominent radicals like
Lowell, Quincy, Blake, Fessenden and Putnam.'"

It would not, however, be fair to Maine to represent all her people as
opposed to the Federal Government and its measures for vindicating the
national honor. In embargo days a county convention at Augusta endorsed
the embargo; the selectmen of York, Falmouth, Nobleborough and Poland
refused to petition for a repeal, and so did town meetings in North Yar-
mouth, Parsonfield, Vassalborough, Waterville and Bangor. The towns of
Brunswick, Waldoboro, Hebron, and Camden voted to request a repeal,
but the Portland Argus declared that at Brunswick 150 dissented, that at
Hebron the vote stood 49 to 40, and that the minority had sent their opin-
ions to the President ; that less than a fourth of the citizens of Waldoboro
were present at their town meeting; that the resolution at Camden was
carried by a vote of 40 to 39, and that a paper expressing disagreement,
signed by 70 voters, was sent to the President.

When the Legislature voted to call a convention at Hartford to con-
sider means for redressing the grievances of New England, the vote in
opposition from Maine was much larger proportionately than that from
Massachusetts proper, and the most vigorous speech against the call was
made by John Holmes, of York. The winter before, in answering Fessen-
den's sword and constitution speech demanding State custom houses and
the making an issue with the Federal Government, he had said, "If the
gentleman was to attempt such a thing in the District of Maine, which he
came from, he knew the course which would be pursued against him ; he
would be taken before the judge of probate and put under guardianship."

At first the war of 1812 bore lightly on Maine except for the inter-
ference with trade and the increase of taxation. It was more than a year
after the outbreak of hostilities before there was any fighting of importance
on her soil or near her waters. But on September 5, 1813, the United States
brig Enterprise, Lieutenant William Burrows, captured the British Brig
Boxer, Commander William Blythe. Both commanders fell early in the
action. The battle was decided by the Enterprise raking the Boxer, bringing
down her mainmast and obtaining a position from which no adequate return

'Morison, "Otis," II: 139.

74

HISTORY OF MAINE

could be made to her fire. The loss of the Enterprise was four men killed
and ten wounded, that of the Boxer was seven killed and thirteen wounded,
the mortally wounded being reckoned among the killed. The Enterprise
was much damaged in the rigging, the Boxer in hull and masts as well, and
it was with difficulty that she was kept afloat and brought into Portland.

There the dead captains were buried with all honor, the Americans with
true chivalry including Captain Blythe in their tributes of respect. A stone,
suitably inscribed, was placed over the grave of Captain Blythe by the
officers and crew of the Boxer. Some years later, Samuel M. Burrows of
New York erected a monument to Captain Burrows. Two years after the
fight, Midshipman Waters, of the Enterprise, was buried by the side of his
commander. He had been wounded in the battle, and two days later his
injury was officially reported as mortal, but he lingered over two years,
dying on September 25, 1815. He was cared for during this time by the
young men of Portland, who also paid for a monument. Fifty years later,
after the great Portland fire of 1866, his sister sent $300 to the relief fund,
and a letter "expressing great interest in the city and sympathy for the suf-
fering people."

The citizens of Portland did not forget to honor the living as well as
the dead. On the I5th of September a public dinner with toasts and an
original ode was given to the officers of the Enterprise, and another dinner,
apparently without speeches or ode, was provided for the crew. This was
less complimentary, but perhaps more agreeable.

In 1814 the pressure of the war was felt more severely by Maine. The
attempt to win New England to make a separate peace with Great Britain
had failed, and on April 25, 1814, a blockade of her ports, as well as those
of the rest of the United States, was proclaimed. This was followed by
the dispatch of an expedition against Moose Island, on which the town of
Eastport is situated. Resistance was hopeless, and the fort with its little
garrison of only eighty men surrendered at the first summons. The British
claimed that Moose Island was a part of New Brunswick and that they
had reoccupied, not conquered it. Accordingly an order was issued com-
manding all the inhabitants of Eastport to take a prescribed oath of allegi-
ance or leave the island. A deputation of citizens waited on the British
Admiral, Sir Thomas Hardy, and requested him to modify the oath. He
answered that the form of the oath to be administered was a part of his
instructions and he was unable to change it, but that he could state verbally
that it was intended as an oath of neutrality while the British held Eastport,
rather than of perpetual allegiance. With this explanation and with financial
ruin awaiting them if they refused to swear, most of the inhabitants took the
oath. Their conduct was not heroic, but, under the circumstances, they
should not be severely blamed.

A more serious invasion followed. Maine, according to the American
interpretation of the treaty of 1/83, thrust itself deep into the British prov-

llAMI'IIKN IJA'ITI

FEDERALISTS AND DEMOCRATS 75

inces, and the Cabinet at London desired an acquisition of territory which
would make the direct route from Halifax to Quebec undeniably British.
Should the country be in their hands when the negotiations for peace were
opened, the cession would be easier to obtain, and Sir John Sherbrooke, the
governor of Nova Scotia, was directed to occupy Maine as far as the
Penobscot. In obedience to these orders he sailed from Halifax late in
August with a force of 3500 men, escorted by three 745, two frigates, two
sloops and a schooner, under Rear Admiral Griffith. The town selected for
the first attack was Machias, but on the voyage thither information was
received which led to a change of plan. The American corvette Adams,
Captain Morris, after capturing several British vessels, had gone on the
rocks near Isle au Haul,' and had been taken to Hampden, some twenty-
five miles up the Penobscot, for repairs. The few vessels of the American
navy had done so much damage that the capture of even one was considered
by the British an important success, and when Sherbrooke and Griffith
heard that the Adams was lying disabled at Hampden, they resolved to make
her capture or destruction their first object. On the morning of September
i the expedition reached Castine, which was at once abandoned by its gar-
rison. A frigate and the 29th Regiment were sent to occupy Belfast, and a
74, three flank companies, a rifle company and a portion of the artillery,
was sent to destroy the Adams.

This detachment was detained by unfavorable winds, and it was not
until the evening of September 2 that the transports and smaller war-
vessels came within about two miles of the village, and the troops were
landed. Captain Morris had received news of the arrival of the British at
Castine, on the noon of September i. He at once concluded that theii
object was the capture of the Adams and of two merchant vessels with
valuable cargoes aboard, the Decatur and the Kutusoff, lying at Hampden.
He therefore prepared for defense and sent a message to Brigadier-General
Blake, of Brewer, asking him to collect as many militia as possible. The
guns had been taken out of the Adams while she was being repaired, and
by great exertions on the part of the crew and the citizens of Hampden
two batteries of fourteen and nine guns respectively were mounted, which
commanded the river.

Morris was confident that he could keep the enemy's fleet at bay if the
militia would protect his flank and rear from attack by land. But it was
doubtful if they could be relied upon. On the evening of September 2
there was a conference in the Academy building, between Captain Morris,
General Blake and some of his officers, and leading citizens of Hampden
and Bangor. Some were in favor of making every effort to defend the
Adams, but others thought of the danger to their property, believed that if
there were a battle the British would win, and were inclined to trust to

'The place where the accident occurred is still known locally by the name of
Capt. Morris's Mistake.

76 HISTORY OF MAINE

the magnanimity of the enemy. These sons of the willow were probably
Federalists. Their brethren in Boston held similar opinions until news that
the British had plundered ultra-Federal Alexandria frightened the dignified
submissionist merchants into working with their own hands on the forti-
fications.

There was, however, considerable reason for the discouragement at
Hampden. In numbers, indeed, the land forces on each side were about
equal. But most of the Americans had never been in battle, they were
untrained and some of them unarmed. As Morris needed all his crew to
work the Adams' guns, he distributed most of the ship's muskets and
powder among the ill-provided militia. But he could not provide them with
courage. Some of the men were thorough cowards.

The question of resistance was finally left to General Blake, who deter-
mined to make a stand. "The line extended easterly from the meeting-
house along the crest of the Academy hill toward the river." On the
extreme right were the Bangor artillery company with two four-pounders,
and an eighteen pounder carronade taken from the Adams and manned and
supported by the regulars from Castine, who had arrived that day. The guns
commanded a bridge over a small stream called Pitcher's Brook, which the
enemy must cross. On the left of the guns, extending toward the river,
were the militia infantry.

Fearing a surprise, both the crew of the Adams and the militia stood to
their arms all night. Rain was falling, but they were without shelter. The
morning was foggy and the British, thinking themselves opposed by double
their number, advanced with great caution. As soon as they were seen, the
American artillery opened on them, but the British column pushed across
the bridge, deployed and charged. General Blake, following the example
of Prescott at Bunker Hill, had ordered his infantry to reserve their fire
till the enemy were close at hand, but the strain was too much for the raw
militia, exhausted by a night's watching in the rain. The center broke, the
wings immediately followed their example, and the whole regiment fled
toward Bangor in great disorder.

Captain Morris had fired at the enemy's guard and rocket boats, but
they remained beyond the reach of his guns. When the militia fled, the
sailors, many of whom were armed only with pikes and cutlasses, were left
exposed to the attack of the entire British force. Morris ordered his men
to retreat, the guns to be spiked, and the Adams fired. In his report to the
Secretary of the Navy he said : "We continued our retreat towards Bangor,
when we found and retired upon a road leading to the Kennebec. * * *
Perceiving it impossible to subsist our men in a body through a country
almost destitute of inhabitants, they were ordered to repair to Portland as
speedily as they might be able. The entire loss of our personal effects ren-
dered us dependent on the generosity of the inhabitants between the Penob-
scot and the Kennebec for subsistence, who most cheerfully and liberally

FEDERALISTS AND DEMOCRATS 77

supplied our wants to the utmost extent of their limited means. Our
warmest thanks are also due to the inhabitants of Waterville, Augusta and
Hallowell for their liberality and attention.'"

The defeated militia made their way to Bangor and hastened to rid
themselves of arms and uniforms and to become peaceful citizens once more.
Three of them had been killed in the fray, and at least eleven wounded.
The British loss was one soldier and one sailor killed (a detachment of
sailors had marched with the troops), a captain and seven rank and file
wounded, and one rank and file missing.

The British troops and fleet at once proceeded to Bangor, which had
no choice but to surrender at discretion. The British demanded quarters
and provisions, which were promptly furnished. They seized the money
in the post office, a quantity of merchandise which had been forfeited to
the United States Government, and all the vessels in the harbor. They
were about to burn the unfinished vessels on the stocks, but as the wind
would probably have carried the fire to the town, they accepted a bond of
the selectmen pledging Bangor under a penalty of $30,000 to finish the
vessels and deliver them at Castine in October. By threats of burning
the town they compelled the inhabitants to give up their arms, including
the two guns belonging to the artillery company, which had been hastily
dragged off from Hampden hill and concealed in the woods.

The able-bodied citizens to the number of 197 accepted paroles as
prisoners of war; among them were Francis Carr, who as a member of
Congress in 1812 had voted in favor of declaring war against Great Brit-
ain, and William D. Williamson, the future historian of Maine. It is said
that Mr. Carr was unwilling to submit to parole and that he deemed it
prudent to keep out of the way of the British, for one of their first inquiries
had been who were Republicans and who Federalists. General Blake had
retired to his home in Brewer, but, hearing that he was being asked for, he
came into town, surrendered himself, and was paroled.

The British remained in Bangor thirty hours and then returned to
Hampden. During their stay some of them had behaved with great rude-
ness and there had been considerable plundering. At Hampden their con-
duct had been even worse. A committee waited on Captain Barrie to ask
at least the common rights of humanity. He answered, "I have none for
you. My business is to burn, sink, and destroy. Your town is taken by
storm, and, by the rules of war, we ought both to lay your village in ashes,
and put its inhabitants to the sword. But I will spare your lives, though
I mean to burn your houses." A messenger was then dispatched to General
Sherbrooke, at Castine, upon the subject, who returned an order not to
burn without dire necessity.

On the 5th two ships with valuable cargoes were burned and the cap-

*In his autobiography Commodore Morris speaks less favorably of the inhab-
itants, saying that some refused to give any assistance.

78 HISTORY OF MAINE

tured cannon were further disabled or thrown into the Penobscot. On the
6th the enemy went down the river to Frankfort, where some arms and
some animals for food were obtained. The people, however, were very slow
in satisfying the demands made on them, and the British were obliged to
be content with only a part of their requisitions. On the 7th they arrived
at Castine.'

General Sherbrooke now turned his attention to Machias, the only post
still held by the Americans east of the Penobscot. It was occupied without
resistance, but the British did not find it necessary to remain long.

John Cooper, the sheriff of .Washington county, proposed that the whole
militia of the county surrender and be placed on parole. General John
Brewer and Colonel Campbell, the two principal militia officers in the county,
ratified his offer and it was accepted by the British commander-in-chief.

Admiral Griffith, with a portion of the fleet, and General Sherbrooke
and about half of the troops, now returned to Nova Scotia. Admiral Milne
and General Gosselin were left in command of the force remaining at
Castine. Preparations were made to meet any attempt of the Americans
to recapture the place. Some sixty or seventy guns were mounted in various
batteries or redoubts. The principal one was named after Admiral Grif-
fith, two of the others after Generals Sherbrooke and Gosselin. The British
also enlarged a trench across the peninsula, said to have been dug by Mowatt,
into a canal ten or twelve feet wide and eighty rods long. The purpose
was as much to prevent desertion as surprise. Transports were ready for
the escape of the garrison should it be necessary. They were, however,
in little danger of attack ; indeed, there was for a time great apprehension
in Maine lest they might extend their operations to the mouth of the Ken-
nebec, or even farther.

Major-General King, of Bath, called out his division of militia, and
Major-General Sewall a part of his. The specie was removed from the
Bath and Wiscasset banks, and some of the inhabitants of the latter place
sought safety in the interior, taking with them their families and part of
their goods and furniture. The alarm spread to Portland. The Cumber-
land and Oxford militia to the number of six or seven thousand were called
out for the defense of the city and placed under the command of Major-
General Alford Richardson. Fortifications were thrown up, and the guns
were taken out of a captured Indiaman and mounted on the Boxer, which
had been stripped of her own guns. But no enemy came, and in about a
fortnight the militia were dismissed. The British made a few plundering
boat raids from Castine, but no attacks in force.

But if there was no fighting there was much trading. The situation
was very like that at Eastport before the war, except that the United
States Government, though very strict in some points, winked at certain
infractions of the law.

"'History of Penobscot County," 558-569.

FEDERALISTS AND DEMOCRATS 79

Maine furnished two brigadier-generals to the United States army —
John Chandler and Eleazer Wheelock Ripley. Chandler, though a brave
officer, did little to distinguish himself, and had the misfortune to be cap-
tured at Stony Creek. Ripley and his brigade won a national reputation
at Lundy's Lane and Fort Erie. Henry Adams says of him that "although
his record was singular in showing only patient, excellent, and uniformly
successful service," he "leaned toward caution, while Brown and Scott
thought chiefly of fighting. The combination produced admirable results;
but either officer alone might have failed."

On December 24, 1814, a treaty of peace was signed at Ghent. Each
party was to restore territory belonging to the other which it had con-
quered, and provision was made for referring the question of the owner-
ship of the islands in Passamaquoddy Bay to a joint commission, a method
which had already been successfully employed in accommodating a dispute
as to what river had been made the eastern boundary of Maine by the treaty
of 1783-

Chapter V

OUR EASTERN BOUNDARY
THE ST. CROIX RIVER CONTROVERSY

ME.— fl

CHAPTER V

OUR EASTERN BOUNDARY; THE ST. CROIX RIVER
CONTROVERSY

By EDGAR CROSBY SMITH

From the time to which the memory of man runneth not to the con-
tiary, boundary disputes have flourished.' They have been a fruitful source
for controversy between individuals, municipalities, states and nations ;
sometimes settled amicably by the parties in interest, sometimes by a resort
to the courts of law, often by reference or arbitration, and occasionally by
a call to arms and war. Causes which lead to these disputes are varied,
but by far the greater percentage of them may be traced to the imperfect
knowledge of the topography of the country, of which the framers of the
deed, grant, patent or treaty attempt to describe a boundary. They may
have imperfect or incorrect maps and plans before them, or none at all, and
may rely upon verbal descriptions furnished them by parties in interest
or otherwise.

In the earlier grants and treaties, when the land was unsettled and of
little value, the precise location of a bound was considered of little moment
and in nearly every case it was so far beyond the limits of any settlement
that little thought or attention was given to its exact location on the face
of the earth. However, as population increased and settlers pushed their
way to the frontiers, then the determination of the exact location became
of supreme importance. Controversies arose which engendered much bitter-
ness between the contending parties; surveys and resurveys were made;
claims and counterclaims were presented ; suits instituted and a general
chaos as to titles existed until the disputed line was actually located by
metes and bounds by an authority recognized as binding upon all of the
contestants. And even then, after the locus was established, the parties in
direct interest, those who had lost that which they had striven so strenu-
ously to hold and that which they honestly believed to be theirs, acquiesced
in the finding with reluctance. This is not at all an unnatural result, for
disputed boundaries are about as productive of prejudice in the human
mind as is the discussion of politics or theology.

The eastern boundary of the United States coincides with the eastern
boundary of the present State of Maine, and therefore the controversy
which arose in relation to it properly becomes a subject to be treated in
the history of our State. It is a boundary that was a subject of more
or less controversy for many years, but the acute period was compara-
tively short: from the treaty of Paris in 1783 to the determination of the

"Thou shall not remove thy neighbor's landmark, which they of old time have
set. Deut. xix, 14.

84 HISTORY OF MAINE

commissioners in 1798. But during this period of fifteen years the dispute
developed all the elements of bitterness, prejudice and partisanship usually
incident to such contentions. Beyond question the contestants on both sides
thoroughly believed in the justness of their respective claims, and con-
sidered a decision to the contrary would be a rank injustice.

The River St. Croix became a part of the eastern boundary of the
United States by the terms of the treaty of peace between our Nation and
Great Britain, which treaty was concluded at Paris, September 3, 1783.
That part relating to the above-mentioned river is as follows :

"East, by a line to be drawn along the middle of the river St. 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 which
fall into the Atlantic Ocean from those which fall into the river St. Law-
rence; comprehending all the 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.'"

As this river figures so prominently as a boundary and the location of
it required the services of a board of able commissioners, acting, under the
authority of a treaty between two great nations, it is proper and necessary
to consider something of the history of its discovery, naming, and its use as
a boundary before it assumed the dignity of being a bound between the
domains of the United States of America and the United Kingdom of
Great Britain.

In the year 1603, King Henry IV of France granted to Sieur de Monts
a charter of Acadia," embracing all the territory between the fortieth and
forty-sixth degrees of latitude.4 De Monts sailed from Havre de Grace,
April 7, 1604, and accompanying the expedition as King's geographer was
Samuel de Champlain. The land first made was at Cape La Heve, on the
Nova Scotia coast, May 8. They explored westward and entered the Bay
of Fundy, discovered the Annapolis basin, or Port Royal ; on June 24,
St. John's Day, they discovered the St. John river and so named it in
honor of the saint whose day it was.

On June 26th an island near the mouth of a considerable river, west
of the St. John, was discovered, and in the opinion of de Monts and Cham-
plain it was a most desirable spot upon which to establish their colony, a

"Treaties, Conventions, etc., Between the United States of America and Other
Powers," 1776-1909: Washington, 1910: Vol. I, p. 588.

'For origin of the name, Acadia, see "Evolution of the Boundaries of New
Brunswick," Wm. F. Ganong: 1001, p. 161. See also Parkman's "Pioneers of France
in the New World," (Little, Brown & Co.), 1808, p. 243.

'For an English translation of this charter, see Williamson's "History of Maine,"
Vol. I, p. 651.

THE EASTERN BOUNDARY 85

site for which they had been searching for over a month since their first
landing on these shores. This island was named by de Monts, Isle Saincte
Croix (the Island of the Holy Cross), on account of the branches of the
river at some distance above the place meeting in the form of a cross.

Here they erected their buildings, fortified the island and planned to
establish a colony to hold the land for France. A part of the expedition
returned to France that winter, but seventy-nine men remained at St. Croix.*
Before spring thirty-five of the number were dead. The following winter
the colony was removed to Port Royal, and in 1607, the charter having
been revoked, the dispirited survivors of the little colony in Acadia re-
turned to France. In 1613 the last buildings left on the island were de-
stroyed by an English expedition commanded by Captain Argall from
Virginia, and the spot was left to return to wilderness from which it had
been rescued only nine years before. So it remained for nearly two hun-
dred years.

Although the undertaking of de Monts came to naught, yet one thing
enduring remained, the name, St. Croix, and from that time onward the
River St. Croix became an important factor in the history of the locality.
It was delineated on the crude maps of the period, recited as a boundary
in grants and treaties and yet, withal, its exact location upon the face of
the earth was lost. The rivers of the country were called by the settlers
by the names given them by the aborigines and the name St. Croix was
only mentioned by historians and marked upon maps and written in legal
documents.

In 1621, September 10, King James of England and Scotland granted
to Sir William Alexander a royal patent of Nova Scotia.' This patent is
worthy of particular note in that it was the first grant of land on the Ameri-
can continent having definite boundary limits laid down upon the face of
the earth. Of special importance to the subject under consideration is the
fact that one of those boundaries, the western, is the St. Croix river. The
words in the original charter in so far as they relate to that river are as
follows: "As far as the river St. Croix, and to the farthest source or
spring, which first comes from the west to mingle its waters with those of
that river; from thence by a straight imaginary line, crossing the lands or
running towards the north, as far as the first bay, river or spring which
runs into the great river of Canada."1

In the light of subsequent history, our attention is attracted to the fact
that then was established the western bound of New Brunswick* and the
eastern of our present State of Maine; a line of demarcation between the
territory of the United States and Great Britain. For this boundary is

'Parkman's "Pioneers of France in the New World," supra, p. 250.

'This charter is printed in full in Williamson's "History of Maine," Vol I DO
655-657.

'Ibid. pp. 655-656.

'New Brunswick was a part of the province of Nova Scotia until 1784, then
being set off and erected into a separate province.

86 HISTORY OF MAINE

not a simple coincidence with this old Nova Scotia line, but comes to us
in a line of direct descent.

In 1664 Charles II. of England granted to his brother James, the Duke
of York, all the territory between Nova Scotia and the Kennebec river.
The descriptive words in the charter are these: "All that part of the
maine land of New England begining at a certain place called or knowne
by the name of St. Croix next adjoyning to New Scotland in America and
from thence extending along the sea coast unto a certain place called Petua-
quine or Pemaquid and so up the river thereof to the furthest head of ye
same as it tendeth northwards and extending from thence to the River
Kinebequi and so upwards by the shortest course to the River Canada north-
ward." . . .'

Again, in 1674, the charter was revived and a new one granted; the
words describing the territory are nearly identical with the former one and
are, in part, as follows : "All that part of the main land of New England,
beginning at a certaine place called or known by the name of St. Croix
nexe adjoining to New Scotland in America and from thence extending
along the seacoast unto a certaine place called Petuaquine or Pemaquid
and so up the river thereof to the furthest head of the same as it windeth
northward and extending from the river of Kinebeque and so upwards by
the shortest course to the river Canada northwards." . . ." This region
in our history is known as "The Territory of Sagadahock," and was also
sometimes designated "New-Castle" and "County of Cornwall."" Here
again we have the St. Croix figuring prominently as a boundary.

The charter of the Province of Massachusetts Bay, granted by William
and Mary, October 7, 1691, again recognized the limits of the ancient
province of Nova Scotia." By this charter the whole of Nova Scotia and
Acadia was granted to the Bay Colony, but the burden of defence and pro-
tecting sovereignty was too onerous and about 1696" or 1697, without any
direct act of Parliament to the purpose, Massachusetts surrendered or
abandoned to the home government all the territory east of the St. Croix,
and never afterward claimed jurisdiction.

Prior to the granting of the Bay Colony charter and subsequently, up
to the treaty of Paris, in 1783, the River St. Croix was directly and indi-
rectly recognized as a boundary by treaties between Great Britain and
France ; but enough has already been cited to show its continuity as such.
The disputes between England and France as to the western limit of
Acadia, whether it was the Piscataqua, Kennebec, Penobscot or St. Croix,

"'Federal and State Constitutions, Colonial Charters, etc.," by Francis N. Thorpe;
Washington, 1909; Vol. Ill, p. 1637.

"Ibid, p 1641.

"Williamson's "History of Maine," Vol. I, p. 407.

""Federal and State Constitutions," supra, Vol. Ill, p. 1876.

""Evolution of the Boundaries of New Brunswick," Wm. F. Ganong; 1001, pp.
189. 194.

THE EASTERN BOUNDARY 87

have little to do with the subject under consideration except that they left a
record of the existence of the latter river, but the identity of the St. Croix
of Champlain had been forgotten and it remained for future generations
to discover it anew.

The treaty of peace between France and England, in 1763, terminated
the dominion of France in the New World. The province of Nova Scotia
and the province of Massachusetts Bay both once more were under the
dominion of England ; the former so to remain, the latter for only a brief
period of twenty years, when the mother country recognized the independ-
ence of the United States.

Immediately after the peace treaty of 1763 between France and Eng-
land, some of the boundaries of the provinces of Massachusetts Bay, Nova
Scotia and Quebec, were legally defined and determined, but no attempt had
been made to locate them by lines marked on the land. Among those so
determined was the bound between the colonies of Nova Scotia and Mas-
sachusetts, fixing the eastern limit of the province of Maine or the western
limit of the province of Nova Scotia. This was declared to be the River
St. Croix, and from its source a line running north to the watershed of
the St. Lawrence.

Soon after peace was established, grants of land to settlers and specu-
lators, principally to the latter, began to be made, and it was early discov-
ered that there was a wide difference of opinion as to which river emptying
into Passamaquoddy Bay was the St. Croix. This was but natural, as the
region of the St. Croix had hardly been visited for the previous one hundred
and fifty years, the origin of the name had been lost sight of, and the occu-
pation by de Monts' colony was of only few months' duration, so that it
left only a tradition for the aborigines to hand down from generation to
generation. They had names of their own for the rivers and all natural
formations of the country and the name, St. Croix, was only a memory
descended to them from a generation of ancestors gone to the happy hunt-
ing ground a century and a half ago.

The three principal rivers emptying their waters into Passamaquoddy
Bay are the Cobscook, the western ; the St. Croix, then called the Scoodic
or Passamaquoddy, the middle ; and the Magaguadavic, the eastern. Each
of these rivers had been designated the St. Croix on maps prior to 1783,
as the cartographer's information or lack of information, interest or desire
prompted.

The first effort to locate the river seems to have been made in 1764,
when Governor Bernard of Massachusetts sent John Mitchell to the Passa-
maquoddy region under orders to survey the bay and locate the St. Croix
and fix its source. Mitchell relied almost wholly upon testimony of the
natives in his efforts to find the river. Undoubtedly that was the only course
of procedure which presented itself to him, except, possibly, he may have
had access to Mitchell's map of 1755, which marked the St. Croix as the

88 HISTORY OF MAINE

eastern river entering the bay, or that of Southack's of 1733, which appar-
ently designated a small river entering about midway that might be the
Digdeguash. According to his field book, which is in the possession of the
Maine Historical Society, on June 5 he proceeded to the Magaguadavic,
when and where he "Requisted Three of Sd. Indians to Swear that the Sd.
River that they Showed us was actually Known By the name of St. Croix
River. The Names of Sd. Indians are as followeth. Lue. Nepton. Meesel
and Mary Cattron." These Indians, under oath, deposed that the Magagua-
davic was the river, hence Mitchell so called and designated it on the plan
of his survey. At the end of the field book appears the following certificate,
under oath :

"I the subscriber an inhabitant of Chester in the state of New Hamp-
shire, voluntarily make the following declaration — To wit, That I was em-
ployed by His Excellency Francis Bernard Esq. Governor of the Province
of Massachusetts Bay in April 1764, as a Surveyor, in company with Mr.
Israel Jones as my deputy, Mr. Nathan Jones, as commanding officer, of a
party of troops, and Captain Fletcher as indian interpreter, to repair, to
the Bay of Passaquoddi, to assemble the indians usually residing there, and
from them, to ascertain the River known by the name of the St. Croix. We
accordingly assembled upwards of forty of the principal Indians, upon an
Island then called L'Atereel in said Bay of Passamaquoddi — After having
fully and freely conversed with them, upon the subject of our mission, the
chief commissioned three Indians to shew us the said river St. Croix, which
is situated nearly six miles north, and about three degrees east of Harbour
L'Tete, and East North East, of the Bay or River Scudac, and distant from
it about nine miles on a right line. The aforesaid three Indians after hav-
ing shewn us the river, and being duly informed of the nature and im-
portance of an oath, did in a solemn manner depose to the truth of their
information respecting the identity of the said River St. Croix, and that it
was the ancient and only river known amongst them by that name. We
proceeded conformably to this information in our Surveys, and in August
following I delivered to Governor Bernard three plans of the said river
St. Croix, and the said Bay of Passamaquoddi."

In a letter from Governor Bernard to Governor Wilmot of Nova Sco-
tia, which is preserved," we are able to discover, perhaps, the real motive
for this attempt on the part of Bernard to locate the river. He was desir-
ous of obtaining for himself and some of his friends a grant of a large tract
of land and he wanted it east of the St. Croix ; or, in other words, in the
province of Nova Scotia. Governed, naturally, by the proprieties and fit-
ness of things, he considered it as impolitic to take a grant of a large tract
located in the province of which he was the governor.

The following year, 1765, Charles Morris, Surveyor-General of Nova
Scotia, surveyed the Passamaquoddy region under the orders of Governor
Wilmot. His report and map are on file in the Public Record Office in
London. Morris went to the other extreme and designated the Cobscook

'"'Evolution of Boundaries," etc., supra, p. 235.

THE EASTERN BOUNDARY 89

as the St. Croix and called Treat's Island, St. Croix Island. He, too, says
in his report that he had testimony of the Indians that this was the true
St. Croix, which shows how little dependence could be placed upon evidence
of this nature. There is nothing in evidence to impeach, in the slightest
degree, the honesty of either Mitchell or Morris in coming to their conclu-
sions. Neither had anything to gain, nor, as a matter of fact, had their
superiors, Governors Bernard and Wilmot, as both were governors of
adjoining provinces owing allegiance to the same king. The only motive
either governor could have had was a natural pride in extending his
dominions as far as possible.

Morris' survey was taken as correct by some cartographers, and upon
several maps published thereafter we find the Cobscook marked as the St.
Croix.

The same year of Morris' survey, on October 21, 1765, Nova Scotia
granted to Governor Francis Bernard and his associates, Thomas Pownal,
John Mitchell, Thomas Thornton and Richard Jackson, 100,000 acres of
land west of the Scoodic river, lying between it and the Cobscook, thus
adopting the latter river as the western boundary of Nova Scotia. Gov-
ernor Bernard, in accepting a grant in this location, apparently acquiesced
in the survey of Morris making the Cobscook the bound.

These two surveys of Mitchell and Morris appear to be the only efforts
to locate the situation of the lost river prior to the treaty of 1783. Soon
after, the disaffections between Massachusetts and the other colonies, which
later became the United States of America, and the mother country com-
menced which ultimately led to the Revolution. In the consideration of
these momentous questions a subject of such minor importance was lost
sight of and apparently entirely forgotten.

The next chapter in the history of the St. Croix opens with the treaty
of Paris, 1/83. After the cessation of hostilities between the United States
and Great Britain, ministers plenipotentiary were appointed by the respec-
tive governments, empowered to execute a definitive peace treaty. David
Hartley, Esquire, M.P., was the British minister, and John Adams, Benja-
min Franklin and John Jay, the American, men able and patriotic on both
sides. They met at Paris, and on the third day of September, 1783, the
treaty was concluded and signed by the ministers.

The opening words of Article II are significant: "And that all dis-
putes which may arise in future, on the subjects of the boundaries of the
said United States may be prevented, it is hereby agreed and declared, that

the following are, and shall be their boundaries " Words which

indicated a spirit and determination to avoid all future controversy upon
the subject. Following these words was a minute description of the
bounds of this nation as it then existed, naming the eastern bound as
recited previously in this chapter.

The St. Croix had been a boundary between Nova Scotia and the ter-

90 HISTORY OF MAINE

ritory that had now become the United States since 1621 ; had been a river
designated by a name given it by de Monts and recorded by Champlain
since 1604; thus, for 179 years it had been known to the civilized world
and delineated on maps. By the natural sequence of events. Nova Scotia
remaining loyal, it must be the boundary, and it is more than probable that
no idea entered the minds of the negotiators of this great treaty that there
was or ever would be any dispute as to where this river was located.

In drafting the treaty they had before them Mitchell's map of 1755,
undoubtedly the best then extant, and they marked the boundaries on it.11
This map, as stated previously, marked the most eastern river entering
Passamaquoddy Bay as the St. Croix, the river called by the Indians Maga-
guadavic ; and with no hesitancy or known reason for doubt the nego-
tiators assumed this to be correct. However, they did not make the map a
part of the treaty by referring to it in any manner in that document. They
simply made the St. Croix river a bound. Hence the controversy.

The treaty was hardly signed before the dispute began. A number of
Loyalists settled on the eastern side of the Scoodic at St. Andrews and,
backed by their government, proceeded to lay out and erect a town. To
•such a proceeding Massachusetts entered an immediate and emphatic pro-
test and further to any such settlements west of the Magaguadavic, which
she claimed to be the true St. Croix. Governor Parr of Nova Scotia
answered in a friendly spirit, but, nevertheless, as firmly claimed that the
Scoodic was the correct river.

Correspondence and documents in relation to the matter were trans-
mitted to Congress by the Governor of Massachusetts and, on January 26,
1784, that body returned them accompanied by a resolution recommending
a further investigation and suggesting, if the boundary was found to be as
claimed, that Massachusetts take up negotiations with Nova Scotia.

Upon the authority of a resolve of the Massachusetts General Court,
passed July 7, 1784, a committee of three was appointed by the Governor
to investigate the matter of the topographical location of the St. Croix and
to ascertain what encroachments had been made upon Massachusetts ter-
ritory. This committee consisted of General Benjamin Lincoln, General
Henry Knox and Mr. George Partridge. Mr. Partridge was prevented by
illness from taking active part in the work of the committee, but Generals
Lincoln and Knox at once entered upon their work, visited the place, col-
lected what information they could and, on October 19, of the same year,
filed their report and collected documents with the Governor of Massa-
chusetts. Appended to their report was a statement regarding the ri.ver,
which is important, in that it was practically adopted by Judge Sullivan,
the American agent under the Jay treaty, in formulating the claim of the
United States that the Magaguadavic was the St. Croix. It is as follows :

"See the testimony of John Adams, in "The St. Croix Commission," by Rev.
Henry S. Burrage ; "Collections Maine Historical Society," series II, Vol. 6, p. 234.

THE EASTERN BOUNDARY 91

"There are three very considerable rivers which empty themselves into
the bay of Passamaquoddy, which is from five to seven leagues wide. The
eastern river falls into the bay about a league from the head of it, and
perpendicular to the eastern side ; the middle river falls into the bay far
on the westerly side of the head of it, and in a direction parallel therewith ;
the western river falls into the bay about six leagues from the head of it,
on the westerly side, and nearly perpendicular to it ; all of which, in late
British maps, are called St. Croix. The first is, by the Indians, called
Maggacadava, the second Schoodic, and the third Cobbscook.

"By every information the subscribers could obtain, on an inquiry of
the Indians and others, the eastern river was the original St. Croix. This
is about three leagues east of St. Andrews, where the British inhabitants
have made a settlement. Soon after the subscribers had received their com-
mission, they wrote Mr. Jay, requesting him to give them information
whether the commissioners for negotiating the peace confined themselves,
in tracing the boundaries of the United States, to any particular map, and
if any one, to what? Since their return, they received his answer, men-
tioning that Mitchell's map was the only one that the commissioners used,
and on that they traced the boundaries agreed to. This, in the opinion of
the subscribers, is a fact which must facilitate an equitable decision of the
matter ; though Mitchell's map is not accurate, at least in the description of
the eastern parts of the State. He has described but two, instead of three
rivers, which empty themselves into the Bay of Passamaquoddy." The east-
ern of these he has placed at the head of the bay, near the center of it, and
calls it St. Croix. The western river he has called by the name of Passama-
quoddy. Hence it is plain, that though the map is inaccurate, yet the eastern
river, which empties itself into the bay, is, in the opinion of Mr. Mitchell,
the St. Croix.""

After receiving this report Governor Hancock of Massachusetts trans-
mitted to Governor Parr of Nova Scotia the findings of the commissioners,
accompanied by a letter, in which he says : "The Government of this State,
sir, is no less desirous than the United States in Congress assembled, of
cultivating that peace and harmony which I hope will ever subsist between
the citizens of the States and the subjects of His Majesty; wherefore in
pursuance of the resolutions of Congress, I am to request your Excellency
will be pleased to recall from off the said territory those subjects of His
Majesty who have removed themselves from his dominions, and planted
themselves within this commonwealth.""

The province of New Brunswick was erected in 1784 and the cor-
respondence thereafterwards was with the officials of that province. On
June 21, 1/85, Governor Carlton of New Brunswick replied to Governor
Hancock's letter and, among other things, states:

"In consequence of a letter from your Excellency to the Governor of
Nova Scotia, which has been transmitted to His Majesty's Ministers,

"The italics not in the original.

"The full report may be found in, "American State Papers, Foreign Relations,"
Vol. I, p. 91.

""State Papers," supra, p. 92.

92 HISTORY OF MAINE

respecting the boundary between this Province and the State of Massachu-
setts Bay, I have it in charge to inform your Excellency that the Great
S. Croix, called Schoodick by the Indians, was not only considered by the
Court of Great Britain as the River intended and agreed upon by the Treaty
to form a part of that Boundary, but a numerous body of the loyal refugees
immediately after the Peace, built the town of St. Andrews on the Eastern
Bank thereof ; and in fact it is the only River on that side of the Province
of either such magnitude or extent as could have led to the idea of pro-
posing it as a limit between two large and spacious countries." . . ."

Following these letters there was much interchange of diplomatic cor-
respondence between the governors. Congress was memorialized; British
and American officials made claims and offered suggestions ; complaints
were filed and the inhabitants on the frontiers were in a state of constant
turmoil. No definite steps to settle the dispute were taken, however, until
1794, when the Treaty of Amity, Commerce and Navigation, commonly
called the Jay Treaty, was concluded. Article V provided as follows :

"Whereas doubts have arisen what river was truly intended under the
name of the river St. Croix, mentioned 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 fol-
lowing 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 two said 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, impartially to examine and decide the said ques-
tion, according to such evidence as shall respectively be laid before them
on the part of the British Government and of the United States. 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 Secretary, and to employ such surveyors or other persons as
they shall judge necessary. The said Commissioners shall, by a declara-
tion, under their hands and seals, decide what river is the river St. Croix,
intended by the treaty." . . ."

By authority of this article of the treaty, King George III. appointed
Thomas Barclay of Annapolis, Nova Scotia, as the British commissioner,
and George Washington, President of the United States, appointed David
Howell of Rhode Island as the American member.

Barclay was a native of New York, a son of Henry Barclay, D.D.,
an Episcopal rector. He was a graduate of King's College, 1772, and
studied law under John Jay. He adhered to the English cause at the time
of the Revolution and served in the British army. At the close of the war
he settled in Nova Scotia and became a prominent figure in the politics

:tlbid, p. 95.

""Treaties and Conventions," etc.; supra; Vol. I, p. 593.

THE EASTERN BOUNDARY 93

of that province. Howell was a graduate of Princeton, 1766, a leader of
the Rhode Island bar, member of the Continental Congress, Attorney-Gen-
eral of his State, and appointed a judge of the Supreme Court. The two
commissioners selected as the third member Judge Egbert Benson, of New
York. At the time of his selection he was a member of the Supreme Court
of his State. He, like Barclay, was a graduate of King's College, 1765,
and in 1777 became the first Attorney-General of New York. A most able
commission, in which, if numbers count, the United States had an advan-
tage, as it was composed of two Americans to one Englishman.

The American agent appointed to represent the United States before
the commission was James Sullivan, then Attorney-General of Massachu-
setts. He had before been a judge of the Supreme Court of Massachusetts
and member of the Continental Congress and afterwards was Governor of
the Commonwealth.

Ward Chipman, the agent appointed to represent the Crown, was a
native of Massachusetts and a graduate of Harvard, 1770. He was then
Solicitor-General of Nova Scotia, and afterwards was Chief Justice and
President of the Province.

Edward Winslow, the secretary of the commission, was also a native
of Massachusetts, a graduate of Harvard, 1765. The agents on both sides
had able assistants and surveying parties.

As directed by the article in the treaty under which they acted, the
two original commissioners met first at Halifax. This was in August, 1796.
The only business transacted at this meeting was the selection of Judge
Benson to act as the third member of the commission. They adjourned to
meet at St. Andrews, where, on September 25, they were met by Judge
Benson. They were sworn and perfected their organization October 4.

The party then viewed the two rivers, the Scoodic and Magaguadavic,
claimed by the English and Americans respectively, as the boundary river,
took the testimony of a number of Indians regarding their traditions as to
which was the true St. Croix, also those of some of the white settlers of the
locality as to which river had been called, locally, by that name. Finding
that full surveys would be necessary to a proper understanding of the case
of either side, the commission adjourned until August, 1797, to give oppor-
tunity for these to be made.

On the eleventh of the above named month they reassembled at Boston,
and then the lengthy arguments and claims on the one side and the other
were presented and filed, together with many depositions and maps. The
claims of the two contending governments were then clearly set forth by
their agents, although they had before been understood generally by the
commission.

The claim of the United States to the Magaguadavic as the St. Croix
of the treaty was ably contended for by Judge Sullivan. He based his claim
almost wholly upon the fact that Mitchell's map was the one used by the

94

HISTORY OF MAINE

treaty-makers in 1783; that this map had the Magaguadavic marked as the
St. Croix, and was the river adopted as the bound under that treaty. He
also filed depositions, before referred to, which tended to prove that it was
in fact the true St. Croix. Among these were the minutes of the survey
made by John Mitchell in 1764, his deposition in connection therewith and
other documents. He contended further, that even if it should be shown
that the Magaguadavic was not the original St. Croix, it could not affect
the finding of the commissioners, as it had been made the boundary by the
use of the Mitchell map, marking the boundary thereon when the treaty
was made.

Mr. Chipman, the British agent, contended for the Scoodic, that the
St. Croix of Champlain had been the western bound of Nova Scotia since
1621, when granted to Sir William Alexander; that this was the river
intended to be designated in the treaty ; that the St. Croix of Mitchell's map
was an error, and because that map happened to be used as a guide or a
work of reference it in no way bound the two nations to adopt mistakes
which appeared on it. He contended for the Scoodic as the St. Croix of
history, as conforming in every particular with the description accorded it
by Champlain.

Judge Sullivan relied much upon the testimony that he expected would
be given by John Adams, then President of the United States, and John
Jay, the two living members who represented the United States in conclud-
ing the Treaty of Paris.

So the first question to be decided by the commissioners was, whether
or not the St. Croix as laid down on Mitchell's map was made the bound
by the treaty irrespective of the question that it might or might not be an
error of the map-maker. A reference to the words of the treaty gave no
evidence favorable to this construction ; the terms there used being, "East,
by a line to be drawn along the middle of the River St. Croix, . . ."
naming the river, with no reference to any map or plan. So, if the Maga-
guadavic was to be adopted so as to preclude the Scoodic, in the event that
the commissioners should be convinced that the latter river was the true
St. Croix, it must be done by evidence extraneous to the treaty itself.

To obtain this evidence the commissioners, on August 14, 1797, pro-
ceeded to Quincy, Massachusetts, and took the testimony of President
Adams. While his statements bore out the claim that the Mitchell map
was the official one used and the boundaries of the United States were
marked thereon by the framers of the treaty and considered to be the cor-
rect ones, yet, in answer to the question propounded by the commissioners :
"Do you know whether it was understood, intended or agreed between the
British and American commissioners that the River St. Croix as marked
on Mitchell's map should so be the boundary as to preclude all inquiry
respecting any error or mistake in the said map in designating the River
St. Croix, or was there any, and if so, what understanding, intent or agree-

THE EASTERN BOUNDARY 95

ment between the Commissioners relative to the case of error or mistake
in this respect in the said map ?"

His answer was: "The case of such supposed error or mistake was
not suggested, and, consequently, there was no understanding, intent or
agreement expressed respecting it.""

A deposition of John Jay was also filed in which he agreed with Presi-
dent Adams regarding the use of the Mitchell map, yet, he subjoined a
statement :

"Whether that river was so decidedly and permanently adopted and
agreed upon by the parties as conclusively to bind the two Nations to that
Limit, even in Case it should afterwards appear that Mitchell had been
mistaken and that the true River St. Croix was a different one from that
which is delineated by that name in his Map, is a Question, or a Case,
which he did not recollect nor believe was then put or talked of ; for his
own part he was of Opinion that the Eastern Boundaries of the United
States ought, on Principles of Right and Justice, to be the same with the
easterly Boundaries of the late Colony or Province of Massachusetts.""

These statements of Adams and Jay were a surprise and keen disap-
pointment to Judge Sullivan, beyond any doubt. They took away the main-
stay of his claim for the Magaguadavic as the river unqualifiedly adopted
as the bound and the commissioners must have been then and there con-
vinced that they must locate the true St. Croix ; that no arbitrary river was
intended.

Judge Sullivan persistently contended that, in addition to its being the
river adopted as the boundary, the Magaguadavic was, in fact, the true St.
Croix. To support his contention he introduced testimony of the settlers
and Indians much the same as Surveyor John Mitchell had done in 1764.
Mr. Chipman also had depositions from like sources that one Scoodic had
formerly been known as the St. Croix.

Fortunately, the commissioners were not obliged to make a decision
founded upon these conflicting statements. Probably all of the deponents
were honest in making the statements they did, for, undoubtedly, both of
the rivers had at various times in the past been called St. Croix, and the
different witnesses stated that which they believed to be correct. Part of
them had heard the Magaguadavic so called, others the Scoodic.

When the commisisoners visited the Passamaquoddy country in 1796.
they had not then had access to Champlain's work and maps. Soon after,
Mr. Chipman sent to England for them and, in the summer of 1797, placed
them in the hands of Judge Robert Pagan of St. Andrews, directing him to
make a search by the aid of these documents and report how the topography
of the country at the mouth of the Scoodic compared with the relation of
Champlain and conformed to his maps and plans published in 1613. The

"Burrage's "St. Croix Commission"; supra; "Me. Hist. Coll." Series 2 Vol
VI, p. 236.

"Ibid, p. 236.

96 HISTORY OF MAINE

results of Judge Pagan's investigations can best be told in his own words,
given in his deposition.

"Robert Pagan declares that having obtained a plan of St. Croix Island
said to have been published in Paris Anno 1613, and having compared it
with the shore, coves, and points, of the Island laying a few miles below
the mouth of the Scudiac River at the Devil's head, commonly called
Doceas Island, and also with the shore &c, of the main land westward and
eastward of it as laid down in that plan, and having found a most striking
agreement between every part of these shores, coves and points and that
plan.

"He on the 7th day of this instant July went to said Doceas Island
accompanied by William Cookson, Thomas Greenlaw, Nehemiah Oilman and
John Rigby for the purpose of making further discoveries there.

"On the north end of said Doceas Island where in the plan above men-
tioned the French buildings are laid down, he found four distinct piles of
ruins agreeing in their situation and distances from each other with the
spot at A as laid down in that plan, and these four piles of ruins are
directly abreast of the long sandy point at low water in said plan.

"On examining these piles he found them considerably raised above
the general level of the ground around them, some parts of them covered
with the roots of trees and windfalls, and all of them with mould and rot-
ten leaves from six to eighteen inches deep.

"On further examining he discovered distinctly several tiers of stone
in each of the piles, laid in clay mortar one on the top of another. The
clay is perfectly distinct from the stone, and of the usual thickness (between
the tiers of stone) of mortar made use of in laying stone or brick at this
day. In some parts of these ruins the clay is as soft and perfect as if
newly dug out of a pit, and in other parts it appears as clay does in chim-
neys where fire has been, and there are evident marks of fire on the stones
in many places.

"In digging he found charcoal in a perfect state only it was easily
crumbled to pieces in handling, he also found part of a stone pitcher in full
preservation.

"On one side of one of the piles he discovered a number of bricks so
laid together as to convince him that a large oven had formerly been built
there. All these bricks are in a tolerable state of preservation.

"He further declares — that on the i8th day of this instant July being at
said Doceas Island on a party of pleasure with a large company, part of
the company went with him to view ruins above described, and on further
examination in presence of John Brewer, Esq., The Rev. Mr. Andrews,
Danile McMasters, Esq., John Campbell, Donald McLauchlan, Donald
Grant, William Pagan and Thomas Pagan, he uncovered another pile dis-
tinct from the piles found on the 7th inst, which they found to be laid in
clay mortar with tiers of stone in the same manner as the first four piles
are laid.

"In digging with a spade for a few minutes near one of these piles
they turned up a metal spoon, a musket ball, a piece of an earthen vessel,
and a spike nail, all of which bore evident marks of having laid a long time
under the surface.

"He further in presence of these gentlemen discovered on that part of
the island agreeing with the spot on the plan between A & B a ledge of
rocks extending from the middle of the island towards the shore on each

THE EASTERN BOUNDARY 97

side a considerable breadth, in many places the rocks are some height above
the surface, and in other places is lightly covered with earth and leaves.""
"July 20, 1797."

The ruins were also examined by Thomas Wright, surveyor-general of
St. John Island (now Prince Edward's), and by Samuel Webber, after-
wards president of Harvard College, both of whom reported that beyond
doubt the ruins were those of de Monts' settlement.

This evidence must have convinced the commissioners that the Scoodic
was the true St. Croix, and that that river must be fixed as the boundary.
But this by no means ended their labors, for then the contest centered
itself on the questions of where is the mouth of the river and where its
source ; two locations which must be determined in order to fix the exact
boundary under the terms of the treaty.

At the Boston meeting of 1797 it was found that the surveys could not
be completed for a number of months, so an adjournment was made to
meet at Providence, Rhode Island, in June, 1798. When that date arrived
the surveys were not then completed and another adjournment was had to
the following September. At this meeting lengthy arguments were made
by both agents. Judge Sullivan still holding to his original ground that the
Magaguadavic was the boundary fixed by the treaty, yet, probably, with
little hope of convincing the commissioners, in view of the evidence before
them. The real issue then was to fix the source of the St. Croix.

The British agent contended for the western branch, on the ground
that it was this branch referred to in Sir William Alexander's patent, ". . .
St. Croix, and to the furthest source or spring, which first comes from the
west . . . ," and further that this western branch was the principal one,
having always borne the name Scoodic. The American agent claimed the
eastern, or more properly called the northern branch, named Chiputneti-
cook, interpreting the words of the Alexander charter to mean the most
remote water entering from the west.

The next problem to solve was what is the actual source; whether
where the river emerges from the lake, or should the line be carried up
through the lakes which feed the river to the most remote water which
finally becomes a part of the river. After some debate all of the commis-
sioners apparently agreed that the source of the river was where it issued
from the lake. Colonel Barclay, the British commissioner, and Judge Ben-
son, one of the American, agreed upon the Scoodic branch (western) as
being the one which conformed to the ancient and historic descriptions, but
Judge Howell utterly refused to concur with them in this finding, and for
a short time it seemed certain that majority and minority reports would
be filed.

"This deposition is printed in Kilby's "History of Eastport and Passamaquoddy."
P. 124.

ME.— 7

98 HISTORY OF MAINE

However, this unsatisfactory feature was averted, for, after the sur-
veys were completed and the maps of them prepared, it was discovered
that extending a line northward from the outlet of the first lake on the
western branch of the Scoodic would make a boundary unsatisfactory to
both governments. It would interfere with previous grants made by Mas-
sachusetts, and concurred in by Nova Scotia and New Brunswick. So a
boundary of convenience was established by compromise, selecting the
Chiputnaticook branch and the extreme or "furthest sources or spring" of
it as the spot upon which to erect a monument of boundary. On October
25, 1798, the commissioners made their award:

"Declaration: By Thos. Barclay, David Howell and Egbert Benson,
Commissioners appointed in pursuance of the fifth article of the treaty 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 'im-
partially to examine and decide the said 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 having heard the evidence
which hath been laid before us by the agent of His Majesty and the Agent
of the United States respectively appointed and authorized to manage the
business on behalf of the respective Govt. 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 forming 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 Joe's Point about one mile northward from the north-
ern part of Saint Andrews Island, and in the latitude of 45 degrees 5
minutes and 5 seconds north, and in the longitude of 67 degrees 12 minutes
and 30 seconds west from the Royal Observatory at Greenwich in Great
Britain, and 3 degrees 54 minutes and 15 seconds east from Harvard Col-
lege 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 Devil's Head then turning the said point is westerly to
where it divided into two streams the one coming from the northward
having the Indian name of Chiputnatecook or Chibnitcook as the same
may be variously spelt then up the said stream so coming from the north-
ward 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 further descriptive 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 mentioned
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

THE EASTERN BOUNDARY 99

Providence in the State of Rhode Island the 25th day of October in the
year 1798."

"Tnos. BARCLAY (L. S.)
"DAVID HOWELL (L. S.)
"EGBT. BENSON (L. S.)
"Witness

Edward Winslow,

Sect, to the Comm'."

As we are now well into the second century since the determination was
made, the justness and propriety of the award seems well established. Time
has healed the differences and all traces of bitterness have been effaced.
It is coming to be believed that that which was selected as a compromise
was, in fact, the correct solution and determination of the question. The
Chipuntaticook is the longer and more important branch of the Scoodic
and the extreme source of it the more probable point intended in the grant
to Sir William Alexander to commence the running of the "straight imag-
inary line . . . running towards the north," as it extends much farther
into the interior.

The decision of the commissioners seems to have given general satis-
faction at the time of its rendition ; the early Maine historical writers such
as Greenleaf and Williamson make no unfavorable comment or even hint
that the award was other than correct and just. That the award was satis-
factory to Judge Sullivan and the American members of the commission,
we have evidence in their letters written at the time of and soon after the
determination of the matter. Judge Sullivan said:

"... But, as the English government has granted the lands as
far west as the north branch of the Schoodiac, as there are difficulties
of a public nature in the country, and our situation in regard to the English
is critical, I should not be uneasy at a unanimous result that the Schoodiac
is the St. Croix intended, and that the lake from which the north branch
issues is the source. The quantity of land between the Magaguadavic and
the Schoodiac north branch is about two million acres, and has been
granted by the English government. The lakes from which the Magagua-
davic and Cheputnaticook issue respectively are but nine miles apart. The
strip of land between lines drawn due north from these sources to the
highlands is not considerable. . . ."*

Also:

"Why shall not all the nations on earth determine their disputes in th-s
mode, rather than choke the rivers with their carcasses, and stain the soil
of continents with their slain ? The whole business has been proceeded upon
with great ease, candor and good humor.""

Judge Howell wrote:

"Amory's "Life of James Sullivan," pp. 328-330.

"Amory's "Life of James Sullivan," quoted in Moore's "Digest of International
Arbitrations," p. 17.

ioo HISTORY OF MAINE

"It must be allowed that there is room for debate and for a diversity
of opinion on this question, whether the source of the north branch is at
the first lake, or where we have fixed it, and this, being a matter of judg-
ment, was a subject of accommodation. I considered it as a fortunate cir-
cumstance that all the claims of individuals are quieted; and the satisfac-
tion expressed by both agents, gave reason to hope that the parties more im-
mediately interested would readily acquiesce in our result."2*

Rev. Henry S. Burrage in his article, "The St. Croix Commission,"
sums up the general consensus of opinion of the historians of today : "Both
however, waived their own opinions, and, as a matter of accommodation
to the settlers who had received grants of land from Massachusetts, agreed
to make the award, making the source of the St. Croix the northernmost
source of the Chiputneticook. . . . It is doubful if a more satisfactory
award could have been made."81

THE ISLANDS.

The commissioners were urged to make a decision regarding the islands
of Passamaquoddy Bay, the title to which had long been in dispute. This,
they declined to do on the ground that they had no authority under the
terms of their appointments, and a careful reading of the fifth article of
the Jay Treaty sustains their position. Their authority seems to have ended
when they had determined what river was the St. Croix and particularized
its mouth and source. As they located the mouth far above the islands
about which there was dispute between the governments of Great Britain
and the United States, this vexed question was still in as unsettled a con-
dition as before.

To look back to the terms of the 1783 treaty, it will be noted that it
comprehended within the domains of the United States all the islands lying
within twenty leagues of the shores, within the limits of certain lines there
described. Without discussing these lines or the reasons for their being
established, it is sufficient to state that they would bring all the Passama-
quoddy Bay islands, including Grand Manan, within United States terri-
tory, were it not for the words "excepting such islands as now are, or
heretofore have been, within the limits of the said province of Nova Scotia."

Both governments claimed all of the islands. England, on the ground
that they were within the limits of ancient Nova Scotia as the bounds
were recited in Sir William Alexander's grant of 1621 ; that ever since
there had been a continuous claim and exercise of jurisdiction over them.
Hence, though the islands were within the limits of the United States
according to the treaty terms, yet they all came within the provisions of
the exception.

Massachusetts claimed that Nova Scotia became merged with that
province under the Bay Charter of 1691, and all the islands then became

"Amory's "Life of James Sullivan," p. 332.

""Collections Maine Historical Society"; Series 2, Vol. VI, p. 249.

THE EASTERN BOUNDARY 101

her property and the title to them never since had been relinquished; that
the Nova Scotia of 1783 was not identical with the Nova Scotia of 1621.
But both governments seemed to rely more upon actual possession of the
islands than upon constructions to be put upon words in treaties. Both
made strenuous efforts to advance their claims in this direction.

Immediately after the close of the Revolution, Massachusetts laid claim
to these islands and, in 1784, under the direction of the Eastern Lands
Committee, Rufus Putnam surveyed Moose (now Eastport), Dudley and
Fredericks Islands. Dudley Island was soon after sold to Colonel John
Allan, who settled there.

There were constant clashes upon the question of jurisdiction over
Moose Island between the United States and New Brunswick authorities.
The provincial officials attempted to enforce their claim by summoning
jurors, serving processes and passing laws affecting the islands ; Massachu-
setts proceeded in much the same manner. The poor habitant was con-
stantly harrassed from the one side, then the other. The settlers of
Moose Island adhered to the jurisdiction of the United States and recog-
nized the government of Massachusetts.

For the two years, 1796-1798, during which the commissioners acting
under the Jay Treaty were attending to their duties, all action upon either
side was suspended. However, as soon as the declaration of those com-
missioners was filed and it was known that no attempt had been made by
them to assign the islands, the former quarrel was renewed with all its
intensity.

New Brunswick, the new province erected from old Nova Scotia terri-
tory, claimed the western shore of Passamaquoddy Bay as her bound and
previously, in 1785, had established the county of Charlotte, in which she
included Moose, Dudley, Fredericks, Deer, Campobello and Grand Manan
Islands.

Under the existing conditions treaty negotiations were opened between
Great Britain and the United States. In 1803 a convention was concluded,
signed by Rufus King, the American Minister, and Lord Hawkesbury, the
British, making the line of boundary as follows :

"The line hereafter described shall and hereby is declared to be the
boundary between the mouth of the river St. Croix and the Bay of Fundy :
that is to say, a line beginning in the middle of the channel of the river St.
Croix, at its mouth, as the same has been ascertained by the commissioners
appointed for that purpose; thence through the middle of the channel
between Deer island on the east and north, and Moose island, and Campo
Bello island on the west and south, and round the eastern point of Campo
Bello island to the bay of Fundy ; and the islands and waters northward
and eastward of the said boundary, together with the island of Campo
Bello, situated on the southward thereof, are hereby declared to be within
the jurisdiction and part of His Majesty's province of New Brunswick ;
and the islands and waters southward and westward of the said boundary,

102 HISTORY OF MAINE

except only the island of Campo Bello, are hereby declared to be within
the jurisdiction and part of Massachusetts.""

This treaty failed of ratification by the United States Senate and the
troubles still continued. In 1805 an American ship was seized by the British
authorities, charged with illicit trade in English territory at Passamaquoddy
Bay.

December 31, 1806, James Monroe and William Pinkney, in behalf
of the United States, concluded another treaty with the British government,
an article in which fixed the boundary line in practically the same words as
did the King Treaty. President Jefferson did not submit this treaty to the
Senate as many of its other provisions were not to his liking and we were
gradually drifting into strained relations with Great Britain.

No further proceedings were had on the part of either government
to determine the water boundary and settle the title to the islands. So the
matter continued until the war of 1812. During the period of this conflict
the situation on the border was, perhaps, more quiet than before the com-
mencement of hostilities ; that is, in so far as it related to the dispute
regarding the title to the islands. On the whole, the subjects of the two
nations were on a friendly footing along this frontier and no hostile acts
were committed on either side. A small garrison of soldiers was stationed
at Eastport during the war, but their principal activities were directed
towards the suppression of the smugglers' trade.

After the friendly offer of mediation by Russia had finally resulted, in
January, 1814, in the appointment of peace commissioners to treat with
Great Britain, and those commissioners were on their way to Ghent, a
British squadron appeared off Moose Island on July n, 1814, and demanded
the immediate surrender of the fort at Eastport. The garrison was in no
condition to offer resistance and, at the earnest request of the inhabitants,
to save the town from bombardment, Major Putnam, the commander, sur-
rendered. The British then landed troops and took complete possession of
the place. The citizens were then informed that this was done, not for
purposes of "capture," but to "restore" Moose Island to British possession
where it rightfully belonged. This possession continued for four years, or
until the determination of the disputed titles by commissioners appointed by
authority of article IV, of the treaty of Ghent.

The article above referred to provided for the appointment of two
commissioners, one by each government, to settle the claims to the islands
in Passamaquoddy Bay, also to Grand Manan in the Bay of Fundy, which,
as the treaty recited, were claimed by both nations. The decision was to
be final.

Article I of the treaty provided that the islands should remain in the
possession of the party occupying them at the time of the ratification of
the treaty until the award of the commissioners should be made.29

""'American State Papers," Vol. II, p. 584.

"See "Treaties and Conventions," supra, Vol. I, page 612, for the full text of
the treaty.

THE EASTERN BOUNDARY 103

The British agent was Thomas Barclay, who so ably represented his
government on the St. Croix commission.. Ward Chipman was again
appointed agent to present the case in behalf of England. These appoint-
ments brought to the English side of the cause the two men of all the
kingdom best equipped to handle the matter. Their previous experience,
vast and intimate knowledge of the subject matter acquired in connection
with the St. Croix commission, gave their government an advantage that
is at once apparent. Mr. Chipman had associated with him his son, Ward
Chipman, who was appointed joint agent.

President Madison appointed as the American member, John Holmes
of Alfred, Maine, a prominent lawyer and politician, who afterwards, from
March 4, 1817, to March 15, 1820, was a member of Congress from Massa-
chusetts. He was also one of the first Senators from the State of Maine
in 1820.

The United States agent was James T. Austin, a leading member of
the Massachusetts bar and afterwards Attorney-General of Massachusetts.
Mr. Anthony Barclay, son of the British Commissioner, was the secretary
of the commission.

The first meeting of the commissioners was held at St. Andrews, Sep-
tember 22, 1816. A small amount of routine business was transacted and
they then adjourned to meet at Boston, May 28, 1817. At the Boston
meeting the full memorials of both agents were presented, setting forth
the claims of the two nations on the grounds indicated on a previous page.

Mr. Chipman presented evidence in support of his contention, showing
that Nova Scotia had made grants of the island territory and exercised
jurisdiction over them many years since the inclusion of them in the Massa-
chusetts Bay Charter of 1691. All of which, he .declared, was done under
the authority of the 1621 charter. He showed that grants had been made
of Campo Bello and Deer Islands in 1767 and of Moose Island in 1765.
Courts had been established at Campo Bello and St. Andrews which had
exercised jurisdiction over Moose Island and others in the bay.

Mr. Austin contended, in his long argument of 459 pages, for the
invalidity of the Alexander grant, the merger of the islands with Massa-
chusetts territory in 1691 and that no surrender of them had since been
made.

After listening to the arguments the commission adjourned to Sep-
tember 25. On the last named date rejoinders were filed by the agents
which presented no new information or evidence, but both agents desired
a further hearing. This request the commissioners denied. On November
24, 1817, they filed their decision and declaration. The declaration is as
follows :

w

"New York, November 24, 1817.

"SiR: The undersigned Commissioners, appointed by virtue of the
fourth article of the treaty of Ghent, have attended to the duties assigned
them; and have decided that Moose Island, Dudley Island, and Frederick

104 HISTORY OF MAINE

Island, in the Bay of Passamaquoddy, which is a 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
treafty of peace of one thousand seven hundred and eighty-three. The
Commissioners have the honor to enclose herewith the decision.

"In making this decision it became necessary that each of the Com-
missioners should yield a part of his individual opinion. Several reasons
induced them to adopt this measure ; one of which was the impression and
belief that the navigable waters of the Bay of Passamaquoddy, which, 'cy
the treaty of Ghent, is said to be a part of the Bay of Fundy, are common
to both parties for 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.
"Tno. BARCLAY.
"The Hon. JOHN QUINCY ADAMS,

Secretary of State.""

It will be seen at a glance that the award was a compromise, pure and
simple. It is doubtful that an award which would have been satisfactory
to either government could have been made on any other basis. But, when
the commisisoners arrived at this point in their deliberations, when it was
discovered that a compromise award must be made, then it was that the
superior ability and experience in diplomatic affairs of the British com-
missioner and agent had its telling effect.

The natural boundary would have been the water-way, and this is on
the eastern side of Campo Bello. This island is separated from the main-
land of the State of Maine by a narrow and shallow channel and in every
geographical sense belongs to this state. The claim of Nova Scotia to
Grand Manan was very shadowy and remote, but from a strategetic point
of view it was highly important to England, as it commands the entrance
to the Bay of Fundy. In order to secure it they surrendered to the United
States, Moose, Dudley and Fredericks islands, to which their right was
much clearer. Undoubtedly, had we been as ably represented in the pro-
ceedings as was Great Britain, Campo Bello today would be United States
territory.*1

""Treaties and Conventions," etc., supra, Vol. I, p. 619.

"Letters of Mr. Holmes were afterward published which showed that the Ameri-
can commissioner was extremely anxious to conclude the arbitration that he might
take his seat in Congress without delay. Mr. Holmes claimed much credit for
skillful diplomacy in saving Moose Island, whose population was American, for the
United States.

Chapter VI
SEPARATION FROM MASSACHUSETTS

CHAPTER VI
SEPARATION FROM MASSACHUSETTS.

Immediately after the close of the Revolution, the question of the
separation of Maine from Massachusetts and the erection of the District
into an independent State was freely discussed among all classes of society.
In 1784 the Falmouth Gazette, the first newspaper in Maine, was estab-
lished, for the purpose, according to Williamson, of advocating separation.
For about a year, from late in 1784 to the fall of 1785, the paper was filled
with articles on the question.. Mr. Daniel Davis, who took part in the
movement but who appears to have been glad later that it did not succeed,
said in an article on the subject written for the Massachusetts Historical
Society in 1795 :

"Clergymen, physicians, lawyers, and farmers seemed engaged in accel-
erating the event. They all employed both their pens and their private
influence, in convincing their fellow citizens of the propriety and advan-
tages of becoming a distinct member of the Union.

"At the time I now speak of there were also a number of respectable
opposers of this measure. These, generally speaking, were either those
gentlemen who were concerned in trade, and feared an interruption in their
commercial connections, or such as held office under the government, and
feared the consequences of a new appointment. In this, as in most other
cases of political experiment, the opinion of each party was decided by a
prospect of their own, rather than the public interest. To this, however,
there were doubtless some exceptions."

The discussion was quiet and gentlemanly. Some of the leaders in
the separation movement were also leaders in Federalism and "good so-
ciety," they were in general sympathy with the views, political and other, of
the influential men in Massachusetts proper, and they had no wish to
quarrel with them or to abuse the government of what was. after all,
their own State. The mass of the people were at first indifferent, and
when their interest was aroused they did not, at least for a time, display
more than what Davis calls "moderate zeal." The union with Massachusetts
might cause them inconvenience, but they were not oppressed. After the
discussion had continued for months, it was felt that some action ought
to be taken to secure a decision of the question, but how was this to be
done? The District had neither a legislature nor executive of its own,
and in that modest age "individuals were averse to any active step lest
they should be considered officious." At last some gentlemen summoned
courage to procure the insertion of the following notice in the Falmouth
Gazettes of September 17 and October i, 1785: "Agreeably to a request
made and signed by a large and respectable number of persons to the
printer of this Gazette, the inhabitants of the three Counties of York,
Cumberland and Lincoln are hereby notified that so many of them as are

io8 HISTORY OF MAINE

inclined or can conveniently attend, are requested to meet at the Meeting
House of the Revd. Messrs. Smith and Deane in Falmouth, on Wednesday,
the fifth day of October next, to join in a conference then and there to be
held on the proposal of having the said counties erected into a separate
government; and, if it should be thought best, to form some plan for col-
lecting the sentiments of the people on the subject and pursue some orderly
and regular method of carrying the same into effect."

Thirty-three gentlemen, residents in about equal proportion of the
three Maine counties of York, Cumberland and Lincoln, answered the call.
They organized by choosing William Gorham of Gorham as president and
Stephen Longfellow, Jr., of the same town, as secretary. A committee of
seven, of which General Wadsworth was chairman, was appointed to draw
up and dispatch a circular to all the Maine towns and plantations, request-
ing them to choose delegates to a convention to be held at Falmouth on the
first Wednesday of January, 1786, to deliberate on the subject of a separa-
tion, "and if, after mature consideration, it should appear to them expe-
dient, to pursue some orderly and regular method of carrying the same into
effect." Whether a separation was wise or not, the measures taken to
obtain it were certainly moderate, peaceable and lawful, but the authorities
in Massachusetts seem to have regarded them as almost treasonable. Gov-
ernor Bowdoin, by the unanimous advice of his Council, brought the move-
ment to the attention of the Legislature. He described it as "a design
against the Commonwealth of very evil tendency, being calculated for the
purpose of effecting the dismemberment of it." The General Court replied
that "attempts by individuals or bodies of men to dismember the State are
fraught with improprieties and danger." The Legislature even appointed a
joint committee of both houses to bring in a bill declaring the allegiance
due to Massachusetts by its inhabitants, describing acts which amounted
to a renunciation of such allegiance, "and so constructed as most effectually
to secure the Commonwealth against the ill consequences of any attempt
to dismember the same." The committee, however, appears to have made
no report.

Unterrified by the threatening from Boston, a convention met at Fal-
mouth on the first Wednesday in January. Messrs. Gorham and Long-
fellow were again elected president and secretary, and a committee was
appointed to examine the credentials of the delegates. Probably, in most
cases, their work was merely formal, but there was room for grave doubt
if any persons were authorized to act as representatives of Falmouth, the
principal town in the district, and the meeting place of the convention.
The people of Falmouth had duly chosen delegates and had appointed a
committee to draw up their instructions. But when they had again con-
vened to hear the report of the committee, they reconsidered the matter
and adjourned. One of the men who had been chosen at the first meeting
took his seat. The convention not only accepted him as a member, but

SEPARATION FROM MASSACHUSETTS 109

voted that the other persons elected at the same meeting had a right to
seats, and appointed a committee to inform them of this decision.

A question also arose as to the method of voting. Twenty towns were
represented in the convention. Falmouth and Fryeburg had five delegates
each, Gorham three, the other towns one or two. The sole delegate from
Scarborough moved that the voting be by towns, but the convention de-
cided that each delegate should have a vote.

A committee of nine was appointed to draw up a statement of griev-
ances. Their report has been admirably summarized in an article, "The
Separation of Maine from Massachusetts," written by Mr. Edward Stan-
wood for the Massachusetts Historical Society. He says

"The grievances reported by the committee were nine in number (i)
That the interests of the two communities were different, and that Massa-
chusetts did not understand, and therefore could not promote, those of
Maine; (2 and 3) the distance of the seat of government, and the conse-
quent inconveniences; (4) the expense of obtaining justice, since all the
records of the Supreme Court were kept in Boston; (5) the unjust and
unequal operation of the regulations of trade, which depressed the price
of lumber, the chief industry of Maine; (6) the denial of representation
in the House of Representatives to 'a great part of the inhabitants of these
counties"; (7, 8 and 9) an unjust system of taxation of polls and estates,
an undue burden by reason of the excise and impost acts, and the unequal
incidence of the tax on deeds, on account of the smaller value of land con-
veyed and its more frequent conveyance."

The committee had also been directed to submit an estimate of the
expenses of the proposed State compared with the expenses other than
local borne by the District. They reported that they had examined the
constitutions of the several States, and that a State government might be
established that would save much expense to the District, "But not knowing
what form of government the people would choose, in case of a separation,
they have not thought proper to report any estimate thereon."

The convention accepted the report of the committee and added a
recommendation that, as a full representation in the General Court was
supposed to be the best way to obtain a redress of grievances, all the towns
should take care to send representatives to the next session. The conven-
tion directed that the report and the supplementary recommendation be sent
to the towns and plantations, and that they be requested to choose delegates
at the March election or other convenient time, to another convention to be
held at Falmouth on the first Wednesday of the following September, "to
consider the grievances the inhabitants of Maine labor under, and adopt
and pursue some orderly and peaceable measures to obtain relief." The
inhabitants were also requested to certify the number of votes cast for
and against a choice of delegates.

'Many citizens lived in plantations and districts which were not organized, and
•therefore sent no delegates to the General Court.

1IO HISTORY OF MAINE

The convention did not dissolve after issuing the call, but simply
adjourned to the first Wednesday in September. On that day the two
conventions assembled, many delegates being members of both. The nat-
ural course would have been for the first to have dissolved as soon as the
second was fairly at work, but instead, the second elected the officers of
the first as its own, and the two then coalesced. The united convention
declared that it believed that the grievances set forth by the first conven-
tion were real grievances except the fifth, the one relating to trade, and
appointed a committee of nine to consider the subject. The committee
reported that there were other grievances which demanded the serious con-
sideration of the convention, but that "they could not, at that time, 'under-
take to enumerate the multiplicity of them.' " Then, going beyond the
authority given by their appointment, they declared that the only remedy
for their distresses was separation, and recommended that the convention
present a petition for separation to the General Court, and at the same
time issue an address on the subject to the people of Maine. The con-
vention accepted the recommendation, and the papers were duly prepared.
The petition was a moderate and respectful document, stating that the
people of Maine were loyal and law-abiding citizens of Massachusetts, but
that owing to their separation therefrom by another State and their great
distance from the seat of government, they labored under difficulties which
they believed could be removed only by their erection into a separate State,
and that they considered it a duty which they owed to themselves, to their
brethren in the other part of the State and to the United States, to ask the
General Court, "in a peaceful and dutiful manner to consent to the erec-
tion of Maine into a separate government." They also stated that "they
do not entertain an idea of throwing off the weight of the public debt, —
or to prevent the other part of the Commonwealth from having their just
proportion of the unappropriated lands; but, like friends and brethren,
most ardently wish to have all matters adjusted upon the broadest basis
of "equity and fair dealing."

The address to the people was a sterner document, some of the lan-
guage used being ultra-democratic, if not, in the circumstances of the time,
almost revolutionary. The address stated that two conventions had care-
fully considered the subject of separation. "You feel yourselves distressed,"
it continued "and your distresses will increase until you legislate for your-
selves. In this there is no great difficulty. Government is a very simple
and easy thing. Mysteries in politics are mere absurdities — invented entirely
to gratify the ambition of princes and designing men — to aggrandize those
who govern at the expense of those who are governed."

The difference in tone and spirit between the petition and the address
was probably due, in part at least, to very serious differences in the con-
vention itself. The movement for separation was originally a moderate
and conservative one. Stephen Longfellow, the secretary of the Falmouth

SEPARATION FROM MASSACHUSETTS in

conventions, was afterward a Hartford Convention Federalist, but now the
"Democrats," the Populists of their day, were showing themselves extremely
zealous for the division of the State. It was the time of Shays' rebellion
in Massachusetts proper. The people were burdened with taxes and with
debts, many of which had fallen into the hands of speculators and were
being pressed for collection in a very harsh manner. The farmers held
conventions, demanded a reduction of the fees of lawyers and of the sal-
aries of officials, a reorganization of the government and of the courts of
common pleas, paper money, and even laws postponing the collection of
debts. From remonstrances and demands they passed to acts of violence,
prevented the holding of the courts by force, and at last rose in rebellion
and made a somewhat half-hearted and wholly unsuccessful attack on the
United States Arsenal at Springfield.

The moderate wing of the Maine convention was unwilling to further
embarrass the government, and succeeded in passing a vote "that as there
has been a number of respectable towns in the counties of York, Cumber-
land, and Lincoln, that have not yet certified to this convention their deter-
mination of a separate State, and as the Commonwealth in general is at
this time in a perplexed state, and this convention being unwilling to do
anything that shall seem to lay a greater burthen on the General Court,
therefore it is the opinion of this convention to postpone petitioning for a
separation at present."

But the radicals considered such forbearance mere foolishness, the
throwing away of a golden opportunity to wring from the fears what they
might be unable to obtain from the calm judgment of the General Court,
and they induced the convention after "a long and acrimonious debate"
and by a majority of two only, to reconsider. The radicals, however, were
not able to secure a direct vote for presentation, the petition was left in
the hands of a committee with authority to present it when they should
see fit, and they did not do so for more than two years; meanwhile both
convention and agitation had passed away, and the House of Representa-
tives quietly tabled the petition.

The convention having issued the address and requested that a vote
on separation be taken, and returns made to them, adjourned to the last
Wednesday of January. It then appeared that only 970 of the citizens of
the District had taken the trouble to vote at all ; 618 of the votes were in
favor of separation, and 352 against it. So small a vote was an almost fatal
blow to the project, and the adoption of the United States Constitution of
1/87 gave a new turn to the people's thoughts. The convention, which had
adjourned until September 5, 1787, resolved to obtain another vote of the
people but nothing was done. Mr. Stanwood thus describes the "lame and
impotent conclusion" : "There were five or six other adjournments, but
the later meetings were attended by a steadily decreasing number of dele-
gates. At the last meeting there were but three persons present, all from

II2 HISTORY OF MAINE

Portland." One of them was chosen president pro tempore, another as
secretary, and the third moved that the convention adjourn. There was
no one to second the motion and so, says Davis, "the convention expired,
not only without a groan, but without a single mourner to weep over its
remains."

But the convention, though it had seemed to accomplish nothing, was
by no means resultless. It is very probable, as Davis points out, that the
hope of obtaining a separate government kept the discontented in Maine
from taking part in "Shays' Rebellion." Moreover, the Massachusetts
Legislature, presumably in order "to cool the separation fever," promptly
passed several acts for the benefit of Maine. "Wild lands were exempted
from taxation for ten years after the execution of the State's deed to
grantees. The fee-bill, so much the occasion of popular discontent, was
revised. The law for the relief of poor debtors committed to prison, was
so amended as to require rooms to be furnished them, separate from
criminals. Two roads were ordered to be laid out at the public expense —
one between the heads of the tide, in Kennebec and Penobscot rivers ; and
the other between Penobscot and Passamaquoddy bays. Every permanent
inhabitant settled upon any of the public lands before the year 1784, the
Legislature ordered to be quieted by a deed of one hundred acres, so as
best to embrace his improvements, on his paying the trifling sum of five
dollars. A term of the Supreme Court for the first time, and an additional
term of the Common Pleas and Sessions, were established at Pownalbor-
ough (Dresden) in 1786, and in March of 1787 one term of the lower
courts was established at Hallowell (Augusta), and one at Waldoborough.
The Secretary of State was directed to publish the laws of the Common-
wealth in the Falmouth Gazette."

The friends of separation were not satisfied with these concessions, and
in March, 1791, there appeared an address to the people of Maine by "a
number of your Representatives" setting forth the advantages of separation.1

In 1792 a vote of the District on separation was taken by order of the
Legislature. The number of votes in favor was 2084, opposed 2438.

In January, 1795, a convention of delegates of twenty towns and five
plantations of the counties of York, Cumberland and Lincoln met and issued
an address to the people of these counties proposing that they, not the whole
district, be formed into an independent State. The convention said that it
would not have acted so soon after the vote against separation in 1792 but
for "a persuasion that the new form of the question will not be liable to
the objections supposed to have influenced your votes on the former occa-
sion." The convention also claimed that a new valuation which had been

'On July 4, 1786, Falmouth had been divided and the Neck incorporated as the
town of Portland.

"A reply to the address in the form of an instruction to their representative in
the General Court was adopted by the town meeting of Machias. It is too long for
•quotation here, but may be found in Drisko's "History of Machias."

SEPARATION FROM MASSACHUSETTS 113

made gave evidence that Maine was able to bear the expense of a sepa-
rate State government. Replying to a claim that Maine did not have men
of sufficient ability to manage her affairs should she become a State, ths
convention said, "abilities are the fruit not of a soil or climate, but of
emulation. In a free republican government they will always appear when
wanted ; of which we offer no other proof but the present existence and pros-
perity of all the States in the American Union. It is scarcely necessary to
add that uncommon abilities are not requisite to administer the government
of a State since the adoption of the Federal Constitution, which vests all
national concerns in the President and Congress of the United States."

It was urged that the change would not injure the counties of Hancock
and Washington, that with them everything would go on as before except
that the Supreme Court would try their cases in their own borders instead
of in the county of Lincoln, and that they would have more time for these
trials.

A serious objection to the separation of Maine was the effect which it
would have on the coasting trade. Vessels passing between the ports of
adjacent States were not obliged to enter and clear at the custom houses,
but in going from non-contiguous States they were. While Maine was a
part of Massachusetts, her coasters could go to Boston regardless of custom
houses, but should she be independent she would no longer have the right,
since New Hampshire separated her from Massachusetts. The convention
pointed out that the present plan set off only the three western counties
of the District ;that as Massachusetts would keep Hancock and Washington,
she would still be contiguous to Maine, and therefore the coasting trade
would be unaffected by the change.

Much stress was laid on the disadvantages in educational matters which
Maine suffered by being a part of Massachusetts. Massachusetts required
the towns to maintain schools, but the burden was too heavy for the poorer
towns, and in Maine the law was very badly enforced. The convention
said that were Maine a separate State, laws more suited to her condition
could be passed, or the State might bear part of the expense of employing
teachers.

Other arguments were adduced, and the convention desired the various
towns to vote on the subject of separation and to report the result to its
president, William Gorham, and adjourned to the third Wednesday of the
following October. There is no record of any vote being taken. In 1797,
however, a vote was taken by direction of the Massachusetts Legislature,
and the District again decided against separation.

In 1803 sixty towns petitioned for separation* but nothing was done.
During this year the first Republican paper in Maine, the Eastern Argus,

'Among the signers of a petition for separation were Stephen Longfellow, Jr.,
Ezekiel Whitman, Nicholas Emery, Peleg Chandler, Judah Dana, all of whom were
later prominent opponents of the movement.
ME.-s

ii4 HISTORY OF MAINE

was established at Portland, and letters occasionally appeared in it on the
subject of separation. On July 7, 1804, it published a letter from a cor-
respondent, saying: "The time is certainly arrived when Maine should be
an independent State in the Union. Will not some able pens be employed
in freeing us from a dependence on a Distant Territory, whose capital seems
to be devoted to corruption, degradation and ruin."

The year 1806 was, it will be remembered, one of intense political
struggle, and some of the Republicans seem to have feared that their op-
ponents were trying to circumvent them by raising a cry for Statehood. A
letter of "Fair Play" in the Argus of May 2 asks, "Why is the old thread-
bare ditty of a separation of Maine from the parent State, called up at a
time when so much important business is pending, unless to answer some
Federal intrigue."

In 1807 a vote was again taken on the question of separation and it
was defeated by an overwhelming majority.

In 1811 separation was quietly discussed by its friends, and one of
them stated in a private letter that he believed that it could be carried by a
united effort. But there was little done publicly. Rev. Mr. Cushman, a
representative in the General Court, made a motion in regard to the matter,
but General Chandler, who believed him to be a Federalist masquerading
as a Republican, suspected that his real motive was to defeat it. Whatever
may have been the intentions of Mr. Cushman there was some reason to
fear that the pure Republicanism of Maine might be diluted by the poison
of Federalism. General Chandler was long to be a power in the party, but
the older leaders were giving way to younger men and four of them, all
converted Federalists, were, with General Chandler, to form a sort of man-
aging junto for some fifteen years. They were John Holmes, William King,
Albion Keith Parris and William Pitt Preble. A brief sketch of these bosses
of a century ago may be of interest.

General Chandler was a sturdy old Democratic war-horse. He was
born in Epping, New Hampshire, in 1762. His father, a veteran of the
French and Indian War, was a zealous patriot, and although when the
Revolution came he was old and unfit physically to bear the hardships of
military life, he joined the army and died in camp. His son enlisted when
only fifteen, and served two terms in the army and one on board a priva-
teer. During the latter he was captured and carried into Savannah, but
made a daring escape and returned to New Hampshire on foot. At the
close of the war he moved to Maine "at the head of a party of his neighbors
and commenced a settlement in Wales, afterward incorporated into the
township of Monmouth." He appears to have been "the first citizen" of
the little settlement, "was plantation clerk and assessor before the town
was incorporated, and was selectman and assessor many years after its
incorporation, as well as town clerk. He was postmaster of Monmouth
as soon as a postoffice was established there in 1794, his last commission

SEPARATION FROM MASSACHUSETTS 115

bearing date 1818. He assisted in taking the census of Maine in 1790, and
was twice employed as revenue collector, of the direct tax of the United
States." "From the organization of the town in 1805 he represented it in
the Legislature. Then he was sent to Congress. In 1808 he resigned his
seat to become high sheriff of Kennebec county." The position of sheriff
was a more distinguished one in those days than it is now, and at that time
Kennebec had special need of an honest and resolute man as sheriff. It
is said that the deputies of the former sheriff had practiced shameful extor-
tions upon unfortunate debtors on whom they had writs to serve. There
was also most serious friction between the settlers and the absentee pro-
prietors, and combinations were formed to stop the service of writs and
the running of lines by surveyors. Sheriff Chandler induced the people to
cease opposition to the execution of legal process, but was unable to per-
suade the settlers who were in danger of ejectment to allow lines to be run.

Mention has already been made of Mr. Chandler's service as brigadier-
general in the War of 1812. He took an active part in the separation
movement, was made the first president of the Senate of Maine, and soon
after was promoted to the Senate of the United States. He drew the short
term of three years, but was reelected and served till 1829, when he re-
signed, perhaps because his reelection was doubtful, and accepted the posi-
tion of collector of customs at Portland, which he held for two terms of
four years each. He was offered the position of collector at Boston but
refused it because a friend desired the place and because he believed that
his own appointment would injure the party in Massachusetts." He declined
a third appointment at Portland and withdrew from official life. His last
years were spent in Augusta, where he died September 25, 1841, at the age
of seventy-nine. .

Though unfortunate in war, General Chandler had "a military spirit,"
which "bred in his blood and nourished by the heroic exploits of two wars,
was the predominant trait of his character, and was indicated by his per-
sonal bearing, his stiff and erect form, and a somewhat brusque and abrupt
manner of speech. Though he had seen the glories and honors of real war,
he did not despise, but was rather fond of, the parade and drill which is
a part of the training of a soldier. He was always active in maintaining
the organization and discipline of the militia, and enjoyed and magnified
the honors and offices, from the rank of ensign up to that of major-general,
that had been successively conferred upon him.

"In the Legislature of Massachusetts and in both branches of the Na
tional Congress, in which he served, the measures in which he chiefly inter-
ested himself were military measures. While a Senator of the United States
he succeeded in establishing a military arsenal at Augusta, — an expedient
of much importance in reference to the frontier and exposed position of
Maine, — and in building the military road from Bangor to Houlton. In this
latter project he was able only partially to accomplish his design, which

ii6 HISTORY OF MAINE

was an opening of the road to the Madawaska river, by means of which
the United States would have gotten early possession of the disputed terri-
tory and have hastened the settlement of the rich valley of the Aroos-
took."

In politics General Chandler was through life a strict Democrat. He
hailed the election of Jackson as a triumph of the principles on which the
welfare of the country depended. He would not compromise even to obtain
legislation which he ardently desired. "He would not accept from the com-
mittee on public roads the boon of his military road to the eastern frontier
as a measure of Whig policy, because the democracy of Jackson's time
rigidly disclaimed the idea that the general government could carry on
internal improvements within the States."

Mr. George F. Talbot in his paper on General Chandler, in the Collec-
tions of the Maine Historical Society," from which the above account is
largely drawn, says :

"It would be difficult to find among our prominent public men a single
one whose career has been fuller of romantic adventure, varied fortune,
privation and labor on one hand, and public honor and political and business
success upon the other, or whose life has passed in more varied, useful, and
conspicuous service. The orphan soldier when a mere lad, the naval hero
suffering the horrors of a pestilent imprisonment, the pioneer settler battling
for fortune with the snows and woods of a northern wilderness, the trusted
military leader, the faithful executive officer, the judicial and impartial
magistrate, the senator in the counsels of a great nation — he had acted in
all these characters and filled all these public places, and left them witli
the confidence of his fellow-citizens and an integrity never questioned."

John Holmes was born in Kingston, Massachusetts, in March, 1773.
graduated from Brown in 1796, and was admitted to the bar in 1799- Be-
lieving that Maine offered a good opening for energetic and enterprising
young lawyers, he moved to the District and began practice in Alfred. The
titles to land in that region were much disputed, and Mr. Holmes was
employed by the great proprietors to enforce their claims against the squat-
ters. Many delicate points were involved, and some important legal ques-
tions were settled by the decisions in these cases. Mr. Holmes obtained
from them considerable practice, a good knowledge of the law of real estate,
and as his clients, unlike the squatters, were men of means, substantial fees.

He also took an active part in politics, was twice elected to the Mas-
sachusetts General Court, and showed himself a vigorous Federalist. In
1810 he published verses accusing the Democrats of York of relying on
rum to carry the county, and sharply satirizing some of their leaders. But
by the close of the ensuing year the Federalist poet had become a Democrat.
Willis, in his "History of the Law, the Courts and the Lawyers of Maine,"
says that the change was due to the impossibility of a Federalist obtaining

•Talbot, "General John Chandler," Coll., Me. Hist. Soc., I, 9, 167-178.

SEPARATION FROM MASSACHUSETTS 117

public office in either the town of Alfred or the county of York. The
charge of political tergiversation was frequently made against Holmes. One
of the nicknames given to him by his opponents was "the Duke of Summer-
setts." In 1813 the county of York sent him to the Senate of Massachu-
setts, where he led the opposition to the calling of the Hartford Conven-
tion, but it would seem that his course was not approved by his con-
stituents, for he was defeated at the next election. In 1815 he was appointed
on the British-American Commission to determine the ownership of the
islands in Passamaquoddy Bay. In 1816 he was elected to Congress and
was re-elected in 1818.

Wheli Maine was admitted to the Union he shared with General
Chandler the honor of being one of her first senators, and retained his
seat, except for an interval of a single year, until 1833. By that time he
had become a Whig, while Maine was Democratic; his intellectual powers
were soon to diminish, and his days of leadership were over. He was,
however, sent to the Legislature for two years by his faithful town of
Alfred, and in 1841 President Harrison appointed him United States Dis-
trict Attorney for Maine, which office he held until his death, on July 7,

1843-

Mr. Holmes, though a man of national reputation, was a clever politi-
cian and advocate rather than a statesman or a jurist. His chief charac-
teristic was his ready wit. He had few equals in keenness of repartee and
power of ridicule. Indeed, his sense of humor was at times injurious to
him. He could not resist an opportunity to tell a good story, and he would
interrupt a legal argument to relate an anecdote, thereby weakening, or at
least appearing to weaken, the closeness of his reasoning. Moreover, his
wit, which he could not control, at times helped the other side. Willis says :
"In his discussions at the bar, Mr. Holmes often carried the exercise of
this talent too far for good taste and ultimate benefit to his client. To
raise a laugh at the expense of an opponent is not always to gain a cause;
he was yet very successful with the jury, and a popular advocate, and
became and continued for several years the leader of the York bar."

Like many lawyers of his day, Mr. Holmes was intemperate, and he
bore the marks of his excesses in his face.' A correspondent of the Argus
called him "the Knight of the Carbuncle face," and the unhappy effects
of his indulgence once exposed him to a crushing retort from a young man
who was then entering the stage that Holmes was leaving and who was
destined to play a greater part thereon, Hannibal Hamlin. Mr. Charles E.
Hamlin says in his life of his grandfather:

"Holmes was a free lance in the House, and tried to domineer over it.
Hamlin disputed the leadership with him, and Holmes attempted to crush
his young opponent by coarsely ridiculing his swarthy countenance. In-

•In the latter part of his life, however, he took an active part in the temperance
movement.

n8 HISTORY OF MAINE

stantly Hamlin jumped to his feet, and, pointing his finger at Holmes, ha
retorted : "If the gentleman chooses to find fault with me on account of my
complexion, what has he to say about himself? I take my complexion from
nature, he gets his from the brandy bottle. Which is more honorable?"
This fierce thrust at Holmes' unfortunate failing brought out a shout from
the House. The fact was that the members were glad to see so brave a
young David fell the Goliath of the House at one blow. There were cries
of "Go on." Pointing his finger at Holmes, Hamlin continued: "I will also
tell the member from Alfred that he is more conspicuous for trying to ride
rough shod over young men than for trying to encourage them. He never
extends a hand to them as they begin to toil up the rugged path of life ; h*
has not even a kind word for them. But as long as they are true to them-
selves and to nature, and as long as the member from Alfred sticks to the
brandy bottle, they need not fear him." The House cheered again, and
Holmes, realizing that he had fairly brought down this fierce denunciation
on his head, took the floor, retracted his words, and made a manly apology-.
Then there was peace."

The charge that Holmes wished to ride roughshod over young men,
like that of intemperance, was well founded. He was a domineering man
and it is probable that his nickname, "the Duke of Summersetts," referred
to his arrogance as well as to his political changes. He was said to have
declared that he could manage York county as easily as he could swing a
cat by the tail.

In his private relations Mr. Holmes was more admirable than in his
political life. He was a kind and affectionate husband and father, and a
good neighbor. "As a townsman, he was exceedingly vigilant in promoting
the interests of his fellow-citizens in the matters of education, internal im-
provements, and whatever related to their municipal interests. From the
time he settled in Alfred, he never ceased his exertions until he procured
all the courts of York county to be held in that place, which was finally
accomplished in 1833.' He also succeeded in having the route of a railroad
from Portland to Dover laid out through his adopted town, but failed in
raising the means to complete it."

Another and perhaps the ablest of the little group of leaders soon to
manage the politics of Maine was General William King, of Bath, a younger
half-brother of Rufus King. "In his person, he was tall and of a striking
figure ; and with a finely formed head, strongly-marked features, high fore-
head, and black, impending brows, he had a natural and majestic air of
command, which impressed every beholder with respect ; and more espe-
cially when the General was arrayed in his military cloak of blue and red.
... In a brief sentence his character may be summed up: If riding out
on horseback for pleasure, he met a beggar asking alms, he would relieve
him in a moment ; but let him be in hot haste after some distant object, and
the grand old General would ride over that very mendicant, nor cast a lin-
gering look behind."

'It is said that this was part of a bargain which secured the removal of the
capital of the State from Portland to Augusta.

SEPARATION FROM MASSACHUSETTS 119

Though his brothers Rufus and Cyrus graduated from Harvard and
Columbia, William received a merely elementary education. It has been
claimed that this was due to his father's being involved in financial diffi-
culties. It has also been said that the reason was simply that he was
intended for mercantile life and that it was thought that a business man
had no concern with learning or culture, for him "the three R's" sufficed.
To William King even this knowledge seems to have been imparted rather
scantily, and in after years the general and governor was exposed to ridi-
cule by his faulty grammar and spelling. This was the more unfortunate,
as had the culture of his brother Rufus been joined to his own strength of
character, he might well have played a great part in national affairs.

William King "began life" in a saw-mill, later he worked in a store at
Portland and in a mill at Topsham, and by industry and frugality soon
owned half a saw and afterwards a whole mill. After a while he formed
a partnership with his brother-in-law, Dr. Benjamin Jones Porter, and
opened a store which was conducted by Porter, King continuing his lumber
business. Mr. King was one of the incorporators of the toll bridge cross-
ing the river at Topsham. The first cotton mill in Maine was at Bruns-
wick, erected in 1809, and King was one of the incorporators and one of
the principal owners. While living at Topsham he built five vessels ; from
1800 to 1815 he built four ships and five brigs at Bath, and was owner and
manager of other vessels.

"When General King first came to Bath, in 1800, he opened a store in
connection with Peter H. Green. He also had wharves and warehouses.
He organized the first bank opened at Bath, of which he was president,
having full control. He possessed much real estate in Bath and other parts
of the State. Originally he owned the territory of what is now the town
of Kingfield. in Franklin county, which was named for him. He was accus-
tomed to visit his town once or twice a year, going up from Bath in a
carriage with his family. He took great delight in Kingfield, where he had
much land under cultivation. He owned the stone-house farm, some two
miles from Bath, on the Brunswick road. It was originally built for a
shooting lodge by a party of English sportsmen. It was notable for its
large orchard of five hundred fruit trees of great variety, and on it were
raised large quantities of potatoes for shipment to the West Indies.

"King began his political career in Topsham, at the early age of twenty-
seven years, by representing the town at General Court in Boston in 1795
and 1796 In 1800 he was elected representative to the Legislature of Mas-
sachusetts from Bath, serving for three years; and (in) 1807 and 1808
was elected Senator to represent the Lincoln District." General King was a
leader by nature, in military, civil, and citizen life ; when appointed on a
committee, King was the committee."

It is said that to his efforts was chiefly due the passage of the Better-

•Reed, "History of Bath," 328-336.

120 HISTORY OF MAINE

ment Act by which squatters, if disturbed, could obtain compensation for
their improvements, or, if the owner preferred, a title to the land on pay-
ing its value before it was cleared. As in either case the value, if a dis-
pute arose, was to be fixed by a jury of the neighborhood, the act was natur-
ally very popular in Maine. Mr. King also took a leading part in the pas-
sage of a law exempting from taxation for the support of the minister of a
town any one producing a certificate of membership in a religious society
different from that of the minister. The Democrats rewarded King's
services by the establishment of a new military district over which he was
at once chosen major-general, although he had never held a military office.
During the War of 1812 General King gave freely of his time and money
in carrying out measures for the protection of the coast. Whether in other
respects he was a wholly loyal citizen may be open to doubt. He was sub-
sequently accused by his political enemies of violating the embargo and of
trading with the enemy during the war. General King made a powerful
defense, showed the unreliability of the witnesses against him, and charged
his accusers with the same crimes of which they had attempted to prove
him guilty. But before the Revolution, nearly every merchant was a smug-
gler, citizens of Massachusetts traded with the enemy during the Colonial
wars with France, the embargo was generally violated, and the voyages of
some of King's ships are suspicious. Perhaps the fairest verdict would be
the Scotch one of "not proven."

King took a prominent part in the separation movement and was elected
the first Governor of Maine. He resigned to become a Commissioner on
the Spanish Claims, and from 1829 to 1834 held the collectorship at Bath.
In 1835 General King accepted a nomination for governor by the Whigs,
but was overwhelmingly defeated. This was his last appearance as a candi-
date for office, but he lived seventeen years longer, dying at the age of
eighty-four. The story of the latter part of his life is a sad one; he experi-
enced domestic troubles and financial reverses, and not only his body but
his mind failed before the end. He died June 17, 1852, and "was buried
with military, Masonic and civil honors, the Governor and distinguished
officers being in attendance. He was interred in the old cemetery where the
State placed a monument of granite to his memory, his wife resting at the
same spot."

In 1854 a new county of which Bath was to be the shire town was
erected, and it had been proposed that it be given the name of King. Men
less intimately connected with the history of the State have been thus
honored. A county had already been called after Samuel Waldo, the
Louisbourg hero, and in 1860 a new county was named Knox." But the
Legislature of 1854 preferred to give its county the good old Maine name

"Maj.-Gen. Henry Knox had been owner of a large part of the lands of the
VValdo patent, and the General had settled in Thomaston and built a handsome man-
sion there.

SEPARATION FROM MASSACHUSETTS 121

of Sagadahoc. Two noble monuments, however, have been dedicated to the
memory of William King. The stately granite chapel of Bowdoin College
bears his name, and in 1878 Maine placed a statue of him in the Statuary
Hall of the United States Capitol. Some of her greatest sons took part in
the presentation, and Hannibal Hamlin, James G. Elaine and Thomas B.
Reed paid tribute to the character and abilities of Governor King and to
his service to the State.

Another member of the ruling group of politicians, who succeeded
King as Governor," but who was the direct opposite to him in mind and
character, was Albion Keith Parris. King was an able, vigorous, downright
man. He never shunned a contest, arid strove to bend all around him to his
will ; he was loved and admired by his friends and followers ; feared, per-
haps hated, by his opponents. Parris was more eminent for practical com-
mon sense than for learning or brilliancy, his sensitive nature shrank from
the roughness and abuse of a hard political campaign ; he was accused of
avoiding responsibility, of refraining from taking a position until he knew
which side was the stronger, and even of claiming credit for work that he
had not done, and of laying on other shoulders the blame for his own action
when that had proved unwise. Notwithstanding, or, perhaps, in part be-
cause of these qualities, he was "one of the most popular men that Maine
ever produced. If there were wanting any evidence of this, it would be
sufficient to cite the fact that more baby sons were named after him than
for any other single person." (This statement was made before the nomina-
tion of Elaine for the presidency.) "Without brilliant talents or a large
accumulation of knowledge, he proved himself equal to every office he was
called to fill, and to every emergency which required his action. The secret
of his success lay in his industry and close application to the duties of every
office confided to him, his promptness and fidelity, his sagacity, his general
suavity of manner, and an easy adaptation of himself to every situation ;
in short, it may with truth be said of him, that he faithfully and acceptably
filled all the offices, however varied their duties, to which he was succes-
sively called."

At the time of his death the Kennebec Journal said : "Judge Parris was
a man of good sound sense, urbane in his manners, patient and obliging in
the duties of his office. He had no brilliant qualities, though he made a
respectable judge. He had no enemies and enjoyed to an unusual degree
the good will of all."

Nearly all his adult life was passed in public office. In 1806 he giadu-
ated from Dartmouth at the age of eighteen, and three years later was
appointed county attorney of Oxford. He then served as representative and
senator in the Massachusetts Legislature, and was twice elected to Con-
gress. Before the completion of his second term he was appointed United

"King's immediate successor was William D. Williamson, but he was merely
Acting Governor.

122 HISTORY OF MAINE

States judge of the District of Maine. He took a prominent part in the
separation movement, was elected Governor in 1821, and was four times re-
elected. Shortly after the expiration of his last term he was chosen United
States Senator, but in a little more than a year resigned to become an
Associate Justice of the Maine Supreme Court. In 1836 he was appointed
Second Comptroller of the United States Treasury and held that office until
1849. In 1852 he was elected Mayor of Portland by the anti-Maine Law
men, and in 1854 met with his only defeat at the polls, as the Democratic
candidate for Governor. He had been nominated by the anti-prohibition
Democrats in the hope that his popularity and the fact that he was a total
abstainer would win back the men who had left the party on the temper-
ance issue, but their regard for principle was too strong.

In 1857 Mr. Parris died suddenly from an affection of the heart which
had troubled him for some time ; had he lived but one year more he would
have completed his three score years and ten. His life had been a long and,
from his point of view, a successful one. Yet ambitious as Governor Parris
doubtless was, he preferred a safe to a high flight. It is said that he sought
the United States senatorship chiefly for the sake of the salary, his finances
being impaired at the time, and he soon resigned one of the greatest prizes
in American political life for a seat on the Maine bench, an office far in-
ferior in dignity but superior in security of tenure.11 This position, too, he
left for a departmental place which paid a higher salary.

Governor Parris faithfully discharged the duties of the offices he held,
he was also assiduous and skillful in his efforts to gain and keep them. A
nervous supporter once wrote John Holmes, surely no novice in the ways
of politics : "Do write those folks in York. Had you one-quarter the faculty
of our friend P. (Parris) in that thing, you might stop their mouths at
once."

A fifth member of the junto, William Pitt Preble, was as great a con-
trast to Parris as the latter was to King. Parris was a most successful
office holder. All the other members of the ruling clique had great popular
influence and held high elective office. Preble's nature was such as to repel
rather than attract men. George F. Emery says in his "Reminiscences of
Bench and Bar" : "The impression left of him was that he was remarkable
for the strength and vigor of his intellectual powers, and his self-reliance.
He paid little deference to the authority of decided cases, when conflicting
with his own views of the law, and his mannerism on such occasion was
more supercilious than gracious. He appeared to better advantage in argu-
ing to the court . . . than the jury, and despised everything that squinted
at fishing for game. His power of invective was almost fearful. Such a

"At that time judges served until they were seventy, but were not eligible for
reappointment.

SEPARATION FROM MASSACHUSETTS 123

man could win respect for his ability, but was not adapted to win popular
favor or a large clientage.""

With such a disposition, it is not surprising that the offices which Mr.
Preble held were appointive ones, and that he often found it advisable to
act through others rather than to appear before the public himself. But he
was a shrewd political manager, and for some time one of the most influen-
tial men in the State." He served for eight years on the supreme bench,
was appointed Minister to The Hague, and took a prominent part in the
struggles over the northeastern boundary; the last years of his life were
devoted to securing direct railway communication between Portland and
Montreal. There were great difficulties to be overcome, but he lived to
see the work completed, and the road extended to Lake Huron.

The War of 1812 and the Hartford Convention proved a stimulus to
the separation movement. Though the Massachusetts delegation included
two residents of the district, "in no other part of the Union, perhaps, did
that famous convention call forth more exasperation than it did in Maine."
A convention of towns, in Oxford county declared it expedient for Maine
to be a part of Massachusetts only so long as Massachusetts gave support
to the Union, and that a convention ought to be called to take action in this
sense. Similar resolutions were passed at a convention of citizens of
Somerset and Kennebec counties.

In the same year, 1814, the Massachusetts House appointed a committee
to consider the expediency of taking the opinion of the people of the State
(not as formerly, of the District of Maine, only) on the question of a
separation. The committee advised that the matter be referred to the next
Legislature. Meanwhile the friends of separation were not idle. Plans were
made for enlarging the Argus and increasing its circulation in order both
to influence elections generally and to further the cause of separation.
Petitions for separation were sent to the Legislature, and its supporters
found the Federalists apparently ready to give the request "benevolent con-
sideration." Mark L. Hill, then a member of the Massachusetts Senate and
later a Representative in Congress, wrote to his friend and political ally,
William King : "The Federalists in the Senate are remarkably polite. They
appear extremely anxious to know what the exertions are toward a separa-
tion, and if we may judge from appearances, Mr. Otis and others are will-
ing to get rid of us."

On February 26, 1815, a resolution for separation was introduced by
Senator Albion K. Parris, of Oxford. On February 26, the Senate by a
party vote of 17 to 10 accepted the report of a committee that "it was not
expedient to pass these resolves." On this occasion the Republicans, as

"The Kennebec Journal said of him in 1827. "He is indeed the Van Buren of
Maine, and though with far less talents and still farther less popularity, he was a
powerful agent in directing the wheels, though he dare not be seen to touch them
himself."

"Emery, "Reminiscences of Bench and Bar," Coll. Maine Hist. Soc. II, 8, 115.

124 HISTORY OF MAINE

heretofore, favored taking the opinion of the District on the question of
separation, but the Federalists, reversing their former attitude, opposed it.
In each case they were probably influenced by partisan considerations.
Massachusetts proper was, and had been, Federalist, the District of Maine,
Republican. Maine had indeed at times returned a majority of Federal
Congressmen, but for many years she had steadily supported a Republican
for Governor, and the majority of her representatives in the General Court
had also been Republican. The strong Republican minority had made it
necessary for the Federalists to pursue a more moderate course than some,
at least, of their leaders desired. It appeared that the situation, from the
Federalist point of view, would grow worse instead of better. The popula-
tion of Maine was increasing faster than that of Massachusetts, and the
Federalists feared that in time "the unprincipled majority in Maine, effect-
ing a junction with their natural allies in Massachusetts proper, will finally
endanger, if not overthrow, the literary, religious, and political institutions
of the State."

Later in the separation struggle, a letter to the Boston Daily Advertiser
said : "It has been apprehended that there would be such an increase of the
population of the District as that the question would be, according to the
current phrase, not whether we should set them off, but whether they would
set off us — and that possibly the seat of government might be removed to
some place in the District.""

There was a feeling in Massachusetts toward Maine like that with
which a guardian of a rough, troublesome youngster regards the ward who
shows little gratitude for the pains taken for his welfare. The corres-
pondent of the Boston Advertiser quoted above said:

"The truth is that the question of the separation of the District of Maine,
though in terms acknowledged to be important, has not excited much interest
in this part of the Commonwealth. It actually occasioned less discussion
in the Legislature than a petty dispute about moving a half-toll turnpike
gate. The District has been considered as a sort of nursling, whose sup-
port cost more than its services were worth. The peculiar situation of that
country has been such as to give us a great deal of trouble, and to compel
us in some instances to make general laws such as would never have been
thought expedient or just had we legislated only for Massachusetts proper.
The citizens of this Commonwealth generally have felt a sort of pique occa-
sioned by the clamor for separation in the District, and have said, "if these
people think they are oppressed, and are so anxious to get away from us,
we can do very well without them ; let them take their own course, run and
be glorified." ,

"Equally unreasonable fears had been expressed by the friends of separation.
The Argus of April 25, 1806, published a letter from a correspondent signing himself
"Falmouth" who declared that "As Federal Massachusetts would gladly be divorced
from Republican Maine, a Boston representative may cause us to be separated at
any moment, without a cent of the million and a half of money in the treasury,
without any consideration for our expense in building the State House, and State
prison, or without an acre of the Eastern land at our disposal."

SEPARATION FROM MASSACHUSETTS 125

Why, then, had the Federalists changed their attitude? Partly, per-
haps, from a natural reluctance to dismember the State, but more because
the balance of population had shifted. The "Ohio fever" was raging in
Maine, and many of her citizens were seeking better farms in the West, the
people of Massachusetts were increasing in number, arid there seemed little
danger that "the wise and good" would be deprived of their rightful author-
ity by the backwoodsmen of Maine. Moreover, were the District to become
a separate State, the Republican majority in the United States Senate,
already large, would be still further increased.

The refusal of Massachusetts to allow the people of Maine to express
their opinion on the question of separation roused its advocates to greater
activity. When the Legislature met in the following winter, petitions poured
in from Maine in favor of Statehood. The action of the previous year was
reversed and a bill was passed allowing the people of Maine, on the 2Oth
of the following May, to express by a vote their wishes in the matter of
separation. The change was probably due to the fact that the petitions
showed that there was a strong sentiment in Maine in favor of separation,
for Massachusetts had no desire to retain the District against the wishes
of a decided majority of the inhabitants. The twentieth of May rather than
one of the election days was chosen as the time of voting, because it was
thought best to separate the question of the division of the State from party
politics. A near day of voting was fixed to put an end as soon as possible
to the suspense and agitation of the citizens of Maine.

The contest in the District was fiercely waged, but when the ballots
were counted it was found that less than half of the voters had gone to the
polls. The vote stood, in favor of separation, 10,584, opposed, 6,941.

It had not been intended by the Massachusetts Legislature that the
popular vote should be absolutely decisive. During the debate in the House
on the means of obtaining the opinions of the people of Maine concerning
the question of Statehood, Mr. Lincoln, one of the committee that drew the
resolve for the vote, said: "Should there be a bare majority in favor of
separation, the Legislature will exercise its judgment in granting or deny-
ing the request; a commanding majority will be almost compulsory on the
Legislature."

The Legislature met shortly after the vote in Maine and promptly
referred the subject of separation to a joint committee of which Senator
Harrison Gray Otis was chairman. The committee reported to the Senate
that the vote in May did not give a clear expression of the wishes of the
people of Maine, that the committee hoped that separation would not take
place, and that they believed that some further means should be taken to
learn the opinion of Maine on the matter. They accordingly presented a
bill providing for the election by the people of Maine of a convention to
meet at Brunswick on August 26. If a majority of the delegates favored
separation, the fact should be taken as a proof that the people of Maine

126 HISTORY OF MAINE

desired it and the convention should proceed to frame a constitution. Vari-
ous provisions in regard to the public property and lands, the public debt,
etc., were made. The provisions were required to be accepted without
change by the convention and were to become ipso facto a part of the con-
stitution of the new State. In the Senate, several amendments were passed.
One of them, though moved by a leader of the separationists, Mr. Holmes,
of York, proved fatal to their plans. It provided for another popular vote
on the question of separation, to be taken September 2, and for the election
at the same time of a convention which should assemble on September 30,
organize and count the votes. It was further provided "that if a majority
of five to four at least of the votes returned are in favor of said Districts
becoming an independent State aforesaid, then, and not otherwise, said
convention shall proceed to form a constitution, as is provided in this act."

It seems strange that such a limitation should be proposed by a friend
of separation, but probably Mr. Holmes thought that it would win votes in
the Legislature, yet would not prevent the separationists from carrying
Maine in September. In the debates of the convention for ascertaining the
result, Mr. Whitman said: "It was opposed by the opposers of separation
that a bare majority should decide a matter of such importance. This gen-
tleman readily acceded to this, and proposed that a majority of five to four
should decide the affair of separation." There is, too, a bare possibility that
Holmes wished separation to fail. Samuel F. Whiting, in a letter to William
King, written on May 6, 1816, said : "The general impression is, that he is
decidedly opposed to separation, that he expects to gain more by continuing
the connections with Massachusetts than by becoming a separate State. For
myself I cannot believe that he is in fact opposed to separation. But noth-
ing will regain him the confidence of his Republican friends in this quarter
but coming out openly and decidedly in the Senate" of Massachusetts.

In the House an earnest effort was made to postpone the subject until
the next session, but without success. Then, says Mr. Stanwood, "the
storm burst forth in Maine. . . . The election upon which everything
depended was to take place in eleven weeks, and although the people were
already greatly excited, they were stirred to even greater activity. The
newspapers discussed the question with enlarged headlines, and their pages
became spotty with capital letters and italics."

A correspondent of the Argus hoped that the people of Maine would
not be gulled by a bill which had been introduced into the Legislature to
improve the public lands. "Whenever they have been hard pressed to let
us off," he said, "they have delayed and amused us with similar systems."

The failure of Massachusetts to defend the District during the late war
had caused the bitterest feeling in Maine. In 1786 the citizens of Machias
had voted against separation, one of the reasons being that Maine needed the
protection of Massachusetts against Great Britain. Now there was a wide-
spread feeling that the union with Massachusetts had been a hindrance

SEPARATION FROM MASSACHUSETTS 127

rather than a help. It was claimed that if Maine had been a separate State
she would not have tamely submitted to the occupation of Castine, but
would have won honor by her courage as did Kentucky. Massachusetts was
accused of partiality in education matters. It was said that $13,000 in
ten years had been given to Massachusetts colleges ($10,000 to Harvard
and $3.000 to Williams), and only $3,000 to Maine's college, Bowdoin; that
according to the proportion of direct tax paid by Maine she had paid the
whole of the Bowdoin grant and made a small contribution to the Massa-
chusetts colleges. One critic blamed Massachusetts for refusing to give ths
usual aid of a grant of land to a proposed academy at Bangor. He also
complained that a lottery for the benefit of a Maine work had been refused
on the ground that lotteries were injurious to morals, but that Harvard
College and the Middlesex Canal had been permitted to raise money in this
reprehensible way.

It was urged that the population of Maine was equal, and more than
equal, to that of Rhode Island, Delaware and Louisiana taken together. The
point was also made that the new State would be entitled to two Senators,
and that this might "quiet the alarms of some of our good folks over
Southern influence." There seems to have been less said than formerly of
the hardship imposed by union with Massachusetts on citizens of Maine
who had lawsuits to prosecute or defend, probably because Massachusetts
had in large measure remedied this grievance by the judicial legislation of
thirty years before. The author of a series of letters in the Argus did,
however, refer to the inconvenience to Maine Legislators of having the
capital so far from their homes, though he admitted that not a few mer-
chants went to Boston twice a year, drew two dollars a day, and spent
most of their time not in looking after the interests of their constituents
but in buying goods. Wild lands in unincorporated districts were assessed
at only one-third of their value, and the Legislature was accused of taxing
the speculator two per cent, when it taxed the farmer six.

The opponents of separation declared that it would be contrary to the
fundamental laws of the State and the Nation. They asserted that neither
the Government, nor even the people of Massachusetts, could deprive law-
abiding citizens of the protection of the State, that such persons residing in
Maine were entitled, if they so desired, to continue a part of the people of
Massachusetts and to remain with their property under her jurisdiction. It
was assumed as a matter of course that an independent Maine, with no
authority over thousands of her inhabitants and their estates, was a prac-
tical impossibility. The assertion that Massachusetts could not divest her-
self of the duty of protecting the property of her citizens was made to meet
the objection that separation need not deprive any one of his citizenship in
Massachusetts. He could go and live there, as some prominent men in
Maine actually did after the separation, or he could remain in Maine as a
citizen of Massachusetts, though obliged, like any alien, to obey her laws
while in her borders.

128 HISTORY OF MAINE

It was also urged by the members of the Legislature from Lincoln,
Hancock and Washington counties, who were opposed to separation, that
the Constitution of the United States forbade the erection of a State within
the jurisdiction of another. Article IV, Section III, of the Constitution of
the United States, provides: "New States may be admitted by the Con-
gress into this union; but no new State shall be formed or erected within
the jurisdiction of any other State; nor any State be formed by the junc-
tion of two or more States, or parts of States, without the consent of the
Legislatures concerned as well as of the Congress." Mr. Stanwood says of
this claim, "There is certainly good ground for maintaining that the three
clauses are distinct, that the second is an absolute prohibition, and that the
use of the plural 'Legislatures' limits to cases where two or more States
are concerned, the permission to form new States, and therefore excludes
all cases where the consent of one Legislature only is to be obtained. How-
ever, except in the discussion in Maine itself, this point was never raised."

Precedent was against this construction. In 1792 Kentucky had been
separated from Virginia with the consent of the State and of Congress.

It was also claimed that the separation of Maine would be very injuri-
ous to the District. The strongest of the arguments from interest, and one
that proved very effective at the September election, was the old objection
that Statehood would place a heavy burden on the coasting trade. To this
argument the friends of Statehood replied that Congress would pass a law
allowing unrestricted trade with Massachusetts, and they pointed to the fact
that Rhode Island had been permitted to carry on her old trade with New
York across Long Island Sound, without a license being required, though
the two States nowhere touched each other. It was also urged that half
the Maine coasters would need no license in any case, as their cargoes were
worth less than $400,* that the tax on the others would be but a light burden,
and that it was for the benefit of the nation.

The opponents of separation rejoined that to allow a free coasting trade
between Maine and Massachusetts, when other non-contiguous States were
denied a similar privilege, would be a violation of that section of the Con-
stitution which provides that "No preference shall be given by any regula-
tion of commerce or revenue to the ports of one State over another." They
made a rather weak attempt to distinguish the case of Rhode Island from
that of Maine, claimed that the law regarding Rhode Island was uncon-
stitutional, and asserted with the greatest positiveness that Congress would
never pass a similar act for the benefit of Maine. They argued, too, with
much reason, that the burden on the trade consisted not merely in the pay-
ment for the license, but also in the delay caused by making the applica-
tion, which might mean the loss of a favorable wind.

The anti-separationists vigorously defended Massachusetts against the

*Only vessels with cargoes worth $400 or over were obliged to enter and
clear.

SEPARATION FROM MASSACHUSETTS 129

charge of selfishness and partiality in her educational policy. They said that
grants to colleges should be in proportion not to the taxes paid by the dis-
tricts in which they were located, but to the number of students attending
them. They urged that Harvard was the college of the whole State and of
the United States, that it was easier for persons residing on the seacoast of
Maine to go to Cambridge than to go to Portland," as easy for them to go
to Cambridge as for residents of the county of Middlesex, unless the latter
lived so near to Harvard that they could board at home. It was said that
the opposition to the grant for an academy at Bangor originated with a
representative living near the town, that others who lived near by assisted
him, and that one of the opponents was a leader in the separation move-
ment. "The fact was, that neither local jealousy nor party prejudice, oper-
ated in this question. The grant was opposed on the truly Republican
ground that academies have the effect of discouraging good town schools,
and thereby confining the benefit of education to the rich to the exclusion
of the poor, and also on the ground of there being another academy (Hamp-
den) within six miles of the one proposed, which had received a grant of
half a township of land and was then languishing for want of students."

The opponents of separation also declared that Maine could not fur-
nish suitable officers for a State, particularly suitable judges for a Supreme
Court, that the taxes would be heavier, and that the terms of separation
were unjust. They likewise appealed to denominational prejudice. Church
members were told that the authorities of the new State would be unfriendly
to the interests of religion. A special attempt was made to alarm the Con-
gregationalists. Certain privileges were given to the first church in a town,
and this was usually a Congregational one. Hence the Baptists and other
"dissenting" churches often found themselves at a disadvantage. They were
stronger in Maine than in old Massachusetts, and some CongregationalisU
feared that their own position would be endangered should Maine become a
separate State. Attempts were made to win the Quakers by assertions that
the new constitution would compel them to bear arms.

The separationists declared that the claim that Maine stood in need of
the property, talents and integrity of Boston, was of the same nature as the
old Tory argument that the colonies needed the talents and the protection
of Great Britain. One writer vigorously denied that Maine lacked men of
talent, but said that, were it true, Statehood would stimulate talent and
attract men of science, the public land would no longer be given to colleges
in Massachusetts. It was alleged that the cost of the new State would be
less than the State taxes paid by Maine, and that the public lands if well
managed would soon pay all the expenses of government, as they did in
New York and Pennsylvania. The charge that religion would suffer by the

"Travel was mainly by water and there were many more vessels trading to
Boston than to Portland.

ME.— 8

I3o HISTORY OF MAINE

proposed change was denied. The terms of separation were declared to be
favorable, but it was said that even were this not the case, a proper pride
should lead the people of Maine to vote for Statehood. The conditions of
separation were required, on the adoption of the constitution, to become a
part of the instrument, ipso facto, and some of the more ignorant of the
voters seem to have feared that this unknown word of terror would do much
mischief.

Massachusetts was to have half the public lands in Maine, and they
were to remain untaxed while she held them. It was claimed that she might
refuse to improve or sell, but grant long leases, and that the title being in
her she could obtain a revenue and still escape taxation. Cyrus King
replied that experience showed that unimproved lands were not profitable\
if the lands nearby were settled; in other words, the honest pioneers would
steal the timber. It was also claimed that should Massachusetts lease,
though Maine could not tax the land owned by her, she could tax the ten-
ants on the value of the leases.

Some of the arguments against separation have a distinctly Federalist
sound; it was, indeed, from Federalists that they came. The question of
Statehood was not, it is true, a strictly party one. All the Republicans
were separationists, but so, too, were some Federalists, local pride proving
too strong for party feeling. The Republicans met these advances cordially.
They invited all who favored separation to come forward without regard
to party, and promised that those who did so should share the offices. A
meeting of the Republicans of Lincoln and Eastern Cumberland declared
that the question of separation was not a party one, and that should Maine
become a State they would "encourage impartial justice in the exercise of
patronage and influence."

But this holding forth the olive branch did not prevent the discussion
from being exceedingly bitter. The Argus often used violent language con-
cerning the opponents of separation, reproaching them with being Hartford
Convention men. The Gazette, the leading Federalist paper, replied:
"People of Maine, look at the columns of the Argus, and there read the
manners and the morals of the men that would rule over us. These are
the men who are seeking high places in the new government. People of
Maine, shall we take the serpent to our bosoms and warm him, that enven-
omed reptile known to all the world by the name of 'blown ambition' ? You
have seen him coil in the Argus, you have seen him hiss and vent his poison
there; shall we take him to our bosoms and soothe and warm him there?"

The Gazette anticipated and even excelled Darwin, for it discovered the
missing link. It said that its opponents could not argue but only shout
"Hartford Conventionists," and that these creatures "feel sensible in the
presence of men of character and soul that nature has formed them but a
link in the chain of animal creation between mankind and the brute."

Both parties got up great public meetings. The anti-separationists held

SEPARATION FROM MASSACHUSETTS 131

their chief meeting in Brunswick. The Argus of August 7 declared that
both the principal speech and the attendance were poor, and that all the
delegates but forty-six were from Brunswick itself or the town of Top-
sham, which lay just across the river. It also said that there was a long
delay, while search was being made to find some clergyman who would give
aid and comfort to the antis by opening their meeting with prayer.

The Gazette, of course, had a different story to tell. It dwelt especially
on the quality of the meeting, describing it as "one of the most respectable
voluntary assemblies ever collected in Maine. It was composed of men of
character and property. They have something to lose by separation and
nothing to gain by it. They are not seeking the people's money, but the
general welfare and happiness of all." If, however, they had something to
lose and nothing to gain by separation, they were as open to the suspicion
of selfish motives as were the men who could hope to be governors or
senators of the new State.

Election day came, the separationists carried the convention, and from
the early returns it appeared that they had the necessary five to four majority
of the popular vote on the question of separation. But when the ballots
were counted it was found that they had polled 11,969 votes, and their
opponents 10,347, or a trifle more than four to five. It would seem that
the question was decided, separation defeated, and that the convention,
which duly assembled on the 3Oth of September, had nothing to do but to
verify and proclaim the result, and adjourn sine die. But among the sepa-
rationist leaders were some of the cleverest politicians in Maine, and they
had no intention of giving up the fight.

The day of meeting of the convention was consumed in caucussing and
in an unsuccessful attempt, or apparent attempt, to organize, after which an
adjournment was carried. The events of the two following days are vividlv
described in the notes of William Allen, an anti-separationist member of
the convention :

"The absent members nearly all came in and light broke in and General
King was chosen president forthwith, and a secretary chosen. Returns of
votes were called for by counties and the result in each town announced bv
the chair. Mr. Preble and other Democratic members took it upon them to
collect and hand in the returns in favor of separation, as they had a right
to do for their friends. When the returns from Somerset were called for
I collected all, both for and against, and among others the returns from
Phillips and Avon, nearly unanimous for separation, were handed to me by
a friend who had been entrusted with them, being known as in favor of
separation. I was not known by Mr. Preble, and he, being on the watch,
immediately inquired of my friend as to the complexion of the returns he
had delivered to me and what my views were. On being informed that the
returns were for separation, but that I was opposed to it, Preble repri-
manded my good friend with severity for what he had done, saying that
'those returns would be withheld or destroyed.'

"In the course of the day all the returns were accounted for except

132 HISTORY OF MAINE

for five or six towns, among them the town of Lyman, in which six only
were in favor and one hundred and seventy-nine votes against separation.
The return was traced into two or three hands and lost in the fog. Preble
was challenged and denied that he had it. I thought he equivocated, and
as he had suggested that I ought not to be trusted, I thought of the motto
attached to the sign of the Order of the Garter, 'Evil to him who evil thinks.'
When a committee was appointed the next day to make search for returns
that were missing, I kept my eye on him until I saw him pass that from
Lyman to a respectable clergyman, a member from the county of York,
behind the corner of the meeting-house as we were coming in at the after-
noon session, and whisper a verbal message to him. I followed the bearer
in and saw him lay the return on the secretary's table without any cere
mony. When the convention was called to order the secretary passed the
document to the president and said he found it on his table, and did not
know how it came there. The contents were announced and the return
passed to the committee; but this was not the end of it. It was rejected by
the committee — a committee of Hill, Davis and Woodman to inquire about
missing returns. The returns from Eliot and Frankfort were traced to A.
from A to B, and B to C, and were probably tried by fire and lost."

It is startling to find presumably honorable men guilty of such con-
duct, but tricks like these were not uncommon." The delegates, however,
were careful to make clean the outside of the cup ; after electing officers
they had requested President Appleton of Bowdoin College to attend and
offer prayer. He did so and "addressed the throne of grace in an appro-
priate manner ; earnestly soliciting the interposition of divine power in con-
ducting the affairs of the convention ; to prevent animosity and strife from
predominating, and that wisdom instead of cunning should be their guide
(truly an appropriate petition) ; so that the proceedings should allay party
spirit, and give to the people universal satisfaction."

The anti-separationists appear to have been extremely suspicious of
their opponents, insisting, and with some difficulty obtaining, that the returns
should be delivered to the president and publicity declared and listed by the
secretary before they were entrusted to any committee. They also demanded
an addition to the committee to pass on the votes for separation, that they
might have greater representation. They claimed that too large a majority
had been given to the separationists, and that one of the antis "was deprived
of hearing, and could not be expert to do business or correct mistakes."
At this Mr. Holmes interrupted with the remark that he presumed the dele-
gate could see, if he could not hear. In the debate Mr. Holmes, who had
been appointed on the committee, declared his own honesty, protested
against the slur on the committee, and said that he would refuse to serve
if the amendment passed. Mr. Whitman replied, "If the gentleman is
as honest and honorable as he says, he need not oppose the measure. Men
who are not chargeable will not be uneasy. But when a man knowingly
has stolen goods in possession, he is not willing to be searched."

"See Morse, "The Federalist Party in Massachusetts," 59, note.

SEPARATION FROM MASSACHUSETTS 133

The motion to enlarge the committee was defeated by a vote of 84 to
33. It was renewed, but was again defeated by 91 to 73. The committee
made the astounding report that the majority of 5/9 necessary for
separation had been obtained. They interpreted the law as requiring that
the proportion of 5 to 4 should be not that of the yeas to nays, but that of
the majority of yeas in the towns voting yea, to the majority of nays in the
towns voting nay. They admitted that this construction was a doubtful
one, but said that in May and again in September the people of Maine had
declared for separation, and that in an uncertain case that construction
should be given which would carry into effect the will of the people. John
Holmes was chairman of the committee, and he has been given the credit,
or discredit, of this remarkable explanation of the 5/9 clause. Another
member, John Davis, of Augusta, is said to have claimed the honor, but
William Willis, who probably had good means of ascertaining the truth,
declares that William Pitt Preble was the deviser of the scheme.

Holmes and his associates, however, graciously consented to consult
Massachusetts in the matter ; they said :

"But your committee forbears to recommend that this convention act
without deliberation and advice. The Legislature of Massachusetts will
soon be in session. No inconvenience would arise in consulting their wishes
or asking their opinions. Should they, as they undoubtedly will, confirm
this construction, or otherwise explain or modify the law so as to give effect
to the voice of this majority of the people, much dispute would be pre-
vented and great satisfaction afforded to the opposers of the separation.

"But if contrary to all reasonable expectation the opinion and decision
of Massachusetts should be unfavorable, we could at an adjourned session
of the convention determine for ourselves and carry the Act into full effect,
agreeably to our own understanding of its provisions.

"But in the report of the committee, prefixed to the act, we find it
conceded that 'expectations have been authorized, that the Legislature of
Massachusetts would consent to the proposed separation when the deliber-
ate wishes of a majority of the people should be developed in favor of the
measure.' And we have no doubt that with the present commanding major-
ity, Massachusetts will give such a fair and rational interpretation of the
law, as will carry into effect the 'deliberate wishes' of the people of Maine."

The committee proposed that the convention adjourn to some future
day, having first appointed a committee to draft a constitution. The com-
mittee also said that Maine should apply to Congress for admission to the
Union and for a modification of the coasting law. The next paragraph
in the report was of a somewhat startling nature. It ran: "Should the
Legislature confirm their consent, Congress at their next session would
admit us into the Union. But should Massachusetts give an unfavorable
interpretation of the act, or refuse it, as justice requires (the committee
say the precise opposite of what they mean), Congress would decide whether
we' have not complied with the conditions upon which the consent of Mas-
sachusetts was to be obtained." The committee also submitted resolutions

134 HISTORY OF MAINE

for the appointments of committees to carry their recommendations into
effect.

The report provoked a bitter debate. Mr. Emery, of Portland, declared
that he was in favor of separation, but he protested against any attempt
to intimidate Massachusetts. He said, "everything reasonable may be hoped
from the liberality and magnanimity of Massachusetts, but nothing from her
fears. We have yet many important negotiations to conduct with Massa-
chusetts. It would be wisdom for us to commence in good humor. And
I consider that this high-spirited disposition to exhibit a degree of spunk
on this occasion is injudicious, if not grossly indecorous. We should by
discreet deportment endeavor to gain friends, rather than alienate and dis-
gust those who look with kindness on our efforts to effect a separation."
Mr. Emery specially objected to an appeal to Congress to decide that the
conditions on which Massachusetts gave her consent to the separation had
been complied with. He said :

"This is, in truth, tending to involve us in the horrors of rebellion, and
unblushingly claims the aid of the Union to bear us out in it. It must be
apparent to every unprejudiced mind that the five to four of the votes
returned is not obtained. How then can we resort to such an asseveration
as this resolution expresses?

"There are in this assembly reverend ministers of the gospel, whose
constant exertions are to instruct us in the ways of truth, and our duty to
God, and to each other. I appeal to them, and ask them if they can recon-
cile it to their precepts and consciences, to countenance this miserable pre-
varication, and grace it with the appellation of truth.

"There are also judges of the land. They are not in fact under oath,
but their duty binds them to act justly on this subject. To them I appeal,
and expect from them an honorable and conscientious execution of the high
trust which their constituents have reposed in them.

"There are other members of this assembly of too much pride, I trust,
to consent that twenty years hence their children should be able to rise and
turning to the records of this convention, declare, at such a time you told a
deliberate lie."

Judge Thacher said, "Let the gentlemen remember the rise and prog-
ress of Daniel Shays, and then reflect. And let the people of Maine beware
how they give heed to those that by cunning craftiness, lay (in) wait to
deceive."

Mr. Ladd, of Minot, made a long speech against the report of the com-
mittee, though under very unfavorable circumstances. He said: "Mr.
President, it is now past the usual time of adjourning. I have something
to say on the subject ; but I am hungry, and wish for some dinner : I there-
fore move for an adjournment till two o'clock P. M." The motion being
seconded, was put and decided in the negative. He then rose and addressed
the convention again :

"Mr. President : The convention seem determined to deprive me of mv
dinner; yet I feel disposed to speak my mind with freedom. In doin«

SEPARATION FROM MASSACHUSETTS 135

this, I shall be compelled to do it in my own way : I am a sailor, was bred
a sailor, and continued in their employment till 'free trade and sailors'
rights' drove me ashore. Consequently I am more acquainted with the noise
and tumults of the ocean, than with a deliberative assembly ; for this is the
first body of that description I ever addressed. But, Sir, I confess that I
cannot understand this report ; I cannot catch the points of it. I might as
well chase a mosquito into the Pacific ocean. I wish the report was made
as plain as a pikestaff, and as straight as a handspike, and easy of demon-
stration to every hand before the mast. There is something that appears like
deception in this work. It looks like a number of serpents lying with one's
head to the other's tail ; if you attempt to take hold of one's tail, the other
is ready to bite you ; and even if you change sides the effect is the same —
The case is self evident. It reminds me of the philosophers of the dark
ages who decreed there was no motion, while their tongues moved inces-
santly to prove it. We now look on them and their arguments with pity
and contempt. But a set of modern philosophers, by jumbling logic with
mathematics, come at a result more contemptible."

Messrs. Holmes and Parris vehemently defended the report and their
own sincerity. Mr. Parris said that the committee's construction of the
five to four clause was the only possible one. Mr. Holmes declared that
"the construction of the act is a most noble one," and that "this report is
true as God himself is true."

The report of the committee was accepted by a vote of 103 to 84. But
the arguments of the opposition had not been without effect, and the next
day, on the motion of Mr. Holmes himself, the paragraph declaring that at
an adjourned session the convention could carry the law of separation into
full effect, was changed so that it merely stated that the convention could
take such measures as were proper and expedient, the suggestion of an
appeal to Congress was also changed, and on the motion of Mr. Davis the
committees to draft a constitution and to apply to Congress were directed
to suspend all proceedings until the result of the application to the Massa-
chusetts Legislature was known. The minority presented a protest against
the action of the convention, which was entered on the journal ; various
committees were appointed, including one to draw up an address to the
people and answer the protest of the minority, Messrs. Holmes, Preble and
Davis, of Augusta, were chosen for this duty, and the convention adjourned
until the third Tuesday of December.

It is said that many of those voting to accept the report did not agree
with the committee's construction, but believed that since there was a con-
siderable majority for separation, Massachusetts would waive technicalities
and grant it. But Massachusetts was in no gracious mood. A division of
the State could not but be unpopular on many grounds, and as the long-
talked-of separation appeared close at hand, even its former friends, the
Republican newspapers, ceased to advocate it. They could hardly be ex-
pected to be enthusiastic over a change which would divide their State and
cripple their party. Moreover, there had not always been unity of feeling

136 HISTORY OF MAINE

between the Maine Republicans and those in old Massachusetts. Many of
the former thought the latter too conservative, and too ready to treat their
brethren in the District as subordinates. Two years later General Chandler
wrote to his friend, William King: "It is not only the Republicans of Bos-
ton who act like the Devil, but those out of Boston are not made up of the
same materials as the Republicans of Maine are.""

But the silence of the Republican press in Massachusetts brought forth
a bitter protest from its old ally, the Argus. The extraordinary course of
the convention had been unsparingly condemned by the Massachusetts
papers. The Argus declared that the Boston papers were pouring forth
a constant stream of abuse on the District. The Argus and its correspon-
dents presented arguments which, however, were not always consistent with
each other, in defense of the convention. It was said that the letter of the
law had been complied with, and that the intent of the Legislature was not
within the cognizance of the convention. A correspondent signing himself
"Investigator" admitted that the anti-separationists intended to make five-
ninths of the total vote necessary for separation, but said that, had the
law been unequivocally expressed, it would have been unconstitutional
because contrary to the right of the people to declare their will by a major-
ity vote. Some men on both sides seemed willing to enforce their views
at the point of the bayonet.

The Argus of November 6 said that the Boston Daily Advertiser inti-
mated that Massachusetts had "better submit to an actual conflict, and
reduce as she easily can these refractory usurpers by force. The Portland
Gazette encourages the project, and hopes that she will be joined by the
opponents here. Try it, gentlemen, try it, until the squatters give you
enough of it. Freemen of Maine, be on your guard — see that your musket*
are in good order."

Fortunately wiser counsels prevailed, and the official action of the
representatives of Massachusetts and Maine was marked by courtesy and
moderation. Governor Brooks, in treating the subject in his speech to the
Legislature, said that "the two peoples were of the same origin, educated
in the same principles, had fought side by side. May no root of bitterness
spring up to alienate their affections, whether united or separated. Judging
from the ingenuous manner in which the subject has hitherto been discussed
in your respective houses, we may confidently hope that wisdom will mark its
future progress." The committee which presented the memorial of the con-
vention "called upon Governor Brooks to express their thanks to him for the
delicate and courteous tone of his speech. Moreover, in their memorial to the
Legislature they said, with reference to the movement for separation, "it
has often been the subject of the deliberations of the Legislature, and we
owe it to the people of Massachusetts thus publicly to acknowledge that it

"King Mss. Chandler to King, March 26, 1818.

SEPARATION FROM MASSACHUSETTS 137

has always received prompt attention, and that the course adopted with
respect to it has been uniformly liberal and magnanimous."

The memorial of the minority of the convention, and numerous peti-
tions against separation, were referred to a committee which after some
delay reported that they had no hesitation in rejecting the construction
given to the separation act by the convention, and that the Legislature had
no right to extend its powers. They met the argument that a majority of
the people of Maine had declared for separation, by saying that the vote
only gave consent provided five-ninths of the people agreed, and that had
the vote been on the simple question of separation it was possible (they
did not venture to say that it was probable) that the result would have
been different. They stated that there was no evidence that the feeling
in favor of separation had increased greatly, if at all, and that if the Legis-
lature should change the conditions of separation so soon, they might be
thought unduly anxious to hasten it, and regardless of the wishes and inter-
ests of a large and respectable class of their fellow-citizens. The committee
said that there could be no harm in delaying action since there would
scarcely be time during the present session of Congress to obtain its con-
sent to the admission of Maine, and meanwhile there would be opportunity
for discussion and calm decision.

The committee reported two resolutions : "That the contingency upon
which the consent of Massachusetts was to be given for the separation of
Maine has not yet happened, and that the powers of the Brunswick con-
vention to take any measures tending to that event haVe ceased" ; and "that
it is not expedient for the present General Court to adopt any further meas-
ures in regard to the separation of the District of Maine." The report was
accepted by the Senate and the resolutions were adopted on the next day,
December 4, without debate, and the House concurred unanimously on the
same day.

On December 5 a gentleman in Boston wrote to a friend : "Yesterday
the remains of the Brunswick convention were quietly deposited in the
vault." He also stated that Holmes declared that he never believed in his
construction but that he was pushed up to it, that King said that he was
opposed to it, but he was talked over and that "Mr. D, (Davis?) who
claimed the honor of the invention sometime since, now disavows it."

Although the battle for separation attracted the chief attention in
Maine, politics were not forgotten. A president was to be chosen in 1816.
The Republican nomination was equivalent to an election, and there were
several aspirants for the honor, the principal ones being James Monroe, of
Virginia, the Secretary of State; and William H. Crawford, of Georgia,
the Secretary of the Treasury. Governor Tomkins, of New York, was also
a candidate. In the Argus of December 5, 1815, a correspondent highly
praised Monroe for his "great and splendid talents." There was much
opposition to a continuation of the "Virginia dynasty," and the Argus of

138 HISTORY OF MAINE

January 3, 1816, published a letter signed "Union," protesting against refus-
ing to nominate a worthy man because he was a Virginian. The Demo-
cratic members of the Massachusetts Legislature unanimously approved
the nomination of Mr. Monroe. A letter by "Maine" appeared in the Bos-
ton Chronicle, advocating the claims of Crawford. "Vindex" thereupon
wrote to the Argus that the people of Maine did not prefer Crawford to
Monroe; that they knew comparatively little of him, while Monroe was
well known for his exertions in defence of the country while Secretary of
War. The Congressional caucus nominated Monroe over Crawford by a
small majority, and he was elected without serious opposition, receiving
the votes of all the States except Massachusetts, Connecticut and Dela-
ware. For Governor the Federalists elected John Brooks, an officer of the
Revolution. The Republicans recognized the claims of Maine by nominating
General King for Lieutenant-Governor.

In the same year the Argus was laboring for the re-election of Repre-
sentative A. K. Parris. Congressmen had in the last session changed their
pay from $6 for each day of the session to $1,500 a year and had made
the law apply not from the date of its passage but from the assembling
of the Congress which passed it. The mass of the people believed that
$1,500 a year was a grossly excessive compensation, but what especially scan-
dalized them was the retroactive provision. Many of those who voted for
it lost their re-election. Among its supporters had been Parris. The Argus
urged the voters not to forget all his good acts on account of his one error.
It declared that the Federalists who were attacking him, favored high
salaries and that they were trying in a neighboring district to elect a man
who had voted for the obnoxious law. The Argus said that Parris had
always followed the wishes of his constituents, and that if given the oppor-
tunity he would take the first occasion to redress their grievance. The
people were not unmoved by such pleas, and the pliable Parris was re-elected,
but he soon resigned to accept what would be, if he chose, a berth for life
in the judiciary.

On January 9, 1818, David Sewall, the United States District Judge,
had written to the Secretary of State, desiring him to transmit his resig-
nation to the President, and taking "the liberty to suggest that Stephen
Longfellow, Jun., Nicholas Emery, Ezekiel Whitman, Josiah Stebbins and
Prentiss Mellen, are persons of established character for integrity, moral-
ity, and respectable in the knowledge of jurisprudence, that in my humble
opinion either of them are [sic] qualified to perform the duties of that
office." Sewall was a staunch Federalist, and all the gentlemen recom-
mended by him as fit for a seat on the Bench were of the same party. It
is not surprising, therefore, that Monroe passed them over and selected a
Republican.

The Federalists probably considered the nomination one not fit to be
made, but Parris proved a satisfactory if not a brilliant or learned judge.

SEPARATION FROM MASSACHUSETTS 139

Preble said in a letter to Holmes: "Our friend Parris acquitted himself
with great credit at Wiscasset. That miserable decayed village seems to
suppose that there is nothing in Maine out of her own limits that is respect-
able. Parris, you know, has an imposing gravity and he conducted the
business with much dignity and promptness. Even therefore at Wiscasset,
where they had expected but little, the new judge is quite 'the ton.' "

There were other judicial offices which the politicians were anxious to
control. On December 27, 1817, William Pitt Preble wrote to Holmes that
there was an impression that a national bankrupt act would be passed, and
urged him to see to it that the appointment of the commissioners of bank-
ruptcy should not be given to the district judges. "Our situation as
to our judge [Sewall] in this district," he said, "you very well know, and
also that there are other districts in which the political creed of the judges
are [sic] not less exceptionable." Mr. Preble then says if the power of
appointment is given to the President, "permit me to suggest to you the
names of three gentlemen of our friends and acquaintances whose intel-
ligence, integrity, standing and political soundness entitle them to the favor-
able notice of our leading men. I allude to Ashur Ware, Esquire, Wood-
bury Storer, Esquire, and Ether Shepley, Esquire. With respect to the
soundness of the policy of aiding and assisting younger men of enterprising
talents there can be no question. After all, our dependence is on this class
of our citizens and if we are governed by personal considerations, I am
satisfied the best mode of establishing and enlarging our own personal
influence is to afford countenance and aid to such men. The old Dons have
had their day and their reward. Besides they are not so capable as our
younger men and would not do so much honor to the appointment."

Preble stated that the persons recommended by him would receive the
support of most, if not all, of our friends, and "as we have already heard
of several old Dons who are making efforts to occupy the ground, we have
thought it necessary to write you on the subject in order that the gentle-
man named may not lose your aid by any neglect on our part, in case you
should feel disposed to assist them."

In 1818 the friends of separation began to stir, and the question was
repeatedly asked, how long was the subject to be allowed to sleep, and why
was not something done ? Certain Kennebec gentlemen proposed that such
friends of separation as might attend the Bowdoin Commencement in Sep-
tember should meet and discuss the best time and means of bringing up the
matter. Apparently no action was taken at Brunswick, but the Republican
campaign committee of the county of Kennebec met during the session of
the Supreme Court at Hallowell the last week in September, organized
their friends for the next election, and inquired what the sentiments of the
various towns were in regard to separation. The replies were most encour-
aging. It appeared that the ranks of the friends of Statehood were un-
broken, and that great numbers of former opponents were giving up their

HO HISTORY OF MAINE

objections. But as to the proper time of making application to the Legis-
lature, there were differences of opinion. Some desired to apply at once,
others wished to wait until the next political year, while some thought that
application should be delayed until after the next United States census,
which would be taken in 1820.

E. T. Warren wrote a letter to General King in which he stated with
great frankness the policy which he and his friends believed most likely to
be successful. It would be unwise to apply at once, they thought, because
only a few Maine towns had sent representatives to the General Court and
these had not been chosen with regard to their views on separation. To
wait until after the census, would endanger separation and lessen its advan-
tages should it be carried. It would doubtless be found that the eastern
part of the District had greatly increased in population, and the people of
York and Cumberland counties would fear that the capital would be located
contrary to their wishes. Moreover, a new valuation would be taken, the
wealth of the District would be seen to have increased, and Maine would be
obliged to assume a larger part of the public debt. It was true that she
would also have a right to a larger share in the public property, but Mr.
Warren thought that this would by no means balance the increase of indebt-
edness, since he believed that the claim of Massachusetts against the United
States for expenses incurred in the War of 1812 would never be paid;
that Massachusetts, thinking that separation was sure to come, was wasting
the public lands in lavish grants, and that the other State property was
constantly decreasing in value. It was therefore the opinion of Mr. Warren
and his friends that application to the Legislature should be made at the
end of the session of the ensuing May, and that the Republican State and
county committees should meanwhile urge the towns to send their full num-
ber of representatives to the Legislature. This would probably make the
Federalists of Massachusetts afraid to refuse separation. Should, how-
ever, the result of the election not be equal to expectation, at least public
sentiment would have been tested, and efforts for separation could be sus-
pended until a more favorable moment.

On December 16, 1818, a circular was issued by a committee ap-
pointed by a number of friends of separation in Kennebec. The com-
mittee stated that they had been directed to correspond with the members
of the Legislature and supporters of separation in the Legislature and else-
where, in order, by a friendly interchange of opinions, to agree, if practic-
able, on some time and mode for bringing the matter before the Legislature.
The committee said that they had "no hesitation in giving it as their decided
and deliberate opinion that the interests of Maine would be decidedly pro-
moted by giving it the control of its own agencies," but that they were not
prepared to advise an immediate application to the Legislature.

On April 19, 1819, "a committee of the Maine members of the Legis-
lature issued an address to the people of the District, urging them, in the

SEPARATION FROM MASSACHUSETTS 141

selection of representatives, to choose none but supporters of separation.
They also urged that the towns petition for separation in their corporate
capacity. At the annual election party differences were extinguished, and
the sole issue was separation. Every Senator elected from the District was
in favor of separation, and of 127 representatives chosen by eighty-nine
towns, 114 were in favor of separation and only thirteen opposed. Both
these numbers were subsequently increased by later returns. A great num-
ber of towns voted to petition the General Court in their corporate capacity.
The opposition was successful in only a few cases."

So overwhelming a majority rendered it practically impossible for
Massachusetts to refuse separation. The Legislature referred the subject
to a joint committee on which Maine was well represented, and the com-
mittee reported a bill providing that there should be a vote of the District on
separation, and that the returns should be made to the Governor and Council.
Should there be a majority of 1500 in favor of separation, the people of
Maine were to be regarded as assenting to it. The Governor was to pro-
claim the result, and a convention was then to be chosen which should
meet in Portland, select a name for the new State, and form a constitution.

The constitution was to be submitted to the people for ratification. If
they refused to adopt it, the constitution of Massachusetts, except such
parts as were locally inapplicable, was to be the constitution of the new
State until legally changed. But whatever the result of the vote on the
constitution, the District was to be become a State on March 15, 1820, pro-
vided that the consent of Congress were first obtained. Provision was made
for the continuance of the existing laws, courts and public officers, in
Maine, until its Legislature should act. The president of the convention
was to perform the duties of Governor until a Governor was legally chosen.
Certain conditions of separation, relating to the public lands, debts, build-
ings, and so forth, were to be a part of the new constitution. There were
a number of changes from the requirements of 1816, but on the whole,
they were not of great importance.

In the Senate, the opponents of the bill moved various amendments.
Josiah Quincy offered one providing for a vote of the whole State on the
question of separation. He made a long speech endeavoring to prove that
the Legislature had no constitutional right to dismember the State, but
his motion was defeated by a vote of 24 to 12. Other amendments were
offered which, while leaving the decision to the people of Maine, required
a majority of two-thirds, or of 2500. But these amendments were also
defeated, and the Senate passed the bill by a vote of 26 to u. In the
House an amendment similar to Mr. Quincy's was offered by Mr. Rand, of
Boston, but was defeated by a vote of 168 to 83. Had the fate of the motion
been determined, however, by the votes of old Massachusetts alone, it
would have passed by a small majority in a thin House, but the Maine
members voted 20 for and 112 against. On the next day, after a long

I42 HISTORY OF MAINE

debate, the bill was passed by a vote of 193 to 59, and two days later it
was signed by Governor Brooks.

"If public sentiment in Massachusetts," says Mr. Stanwood, "had been
indifferent or mildly favorable to a division of the State prior to the final
act and during the consideration of the bill by the Legislature, it was
aroused against it when opposition was too late. From the middle of June
until the day in July when the vote was taken, the newspapers of Boston
contained many communications on the subject. It was universally recog-
nized that the decision rested entirely with the people of Maine, and there
was no attempt at or suggestion of bullying them. But they were appealed
to strongly to remember the glories of the State which had been won by
them in common with the citizens of Massachusetts proper, were assured of
the good will of their fellow-citizens, were told that they had no real
grievances, and were warned against taking a leap in the dark. Cor-
respondents of the several newspapers argued against the constitutionality
of the act consenting to the separation. There were also communications
reproaching the members of the Legislature for their easy surrender to
the petitioners from Maine; and others lamenting the pitiable state into
which the Commonwealth was about to fall and the low rank which it
was about to assume among the States of the Union."

In Maine, the Portland Gazette and other opponents of separation
fought their battle resolutely, and much ingenuity was shown in collecting
a mass of arguments, good, bad and indifferent. There was a long dis-
cussion of the terms of separation, one party alleging that they were hard,
and worse than those offered three years before, the other declaring that
they were much better, and as good as could be expected. The argument
of injury to the coasting trade had lost its force, for on March 2, 1819, a
law had been passed allowing coasters to trade without entering and clear-
ing in a district extending from the St. Croix to Florida. The enactment
of the law was largely due to the efforts of Senator Rufus King, a native
of Maine, and a recognized authority in commercial matters.

Party prejudice was a less active force against separation than in 1816."
It was now the era of good feeling, when party lines were nearly obliterated
both in Congress and in the country. The Federalists, especially the younger
men, had adopted many of the principles of their opponents, and they in
turn were ready to meet advances in a spirit of conciliation. Indeed, the
Republicans were not satisfied with offering general assurances, but a num-

It had, however, an influence in uniting Republicans in favor of the measure.
There is an interesting letter relating to the matter in the King manuscripts. On
December 22, 1818, the collector of customs of the Surry district, died. The next
day Leonard Jarvis, who later was an influential politician and represented Maine
'" Congress, wrote asking King's assistance in obtaining the office for his brother.
This important matter mentioned, he then discussed the subject of separation and
"Whenever you intend to move in the business you will find me ready to
co-operate. However I might prefer remaining for a while with old Massachusetts,
I do not incline to be in hot water with my Republican friends, nor do I wish to be
found in the same ranks with the Federalists."

SEPARATION FROM MASSACHUSETTS 143

her of them, led by General King of Bath, gave a positive pledge that the
Federalists should have their fair share of the offices, which was under-
stood to be about one-third. It is probable, however, that these promises
of recognizing the Federalists offended some of the most stalwart Repub-
licans and perhaps cooled their zeal. Representative Cushman, who was
himself suspected of Federalism, thought that this would be a real danger,
but said that it might be well to treat the Federalists civilly "and not to
deprive them of hope, the last resource of the wretched."

Both sides recognized the importance of personal effort. Dr. Ayer, an
industrious but very excitable politician, wrote to King describing an organ-
ization which had been formed to fight separation and giving the alarming
intelligence that "persons from Boston, landholders, are riding through the
county of Oxford endeavoring to make converts." He had told Benjamin
Ames, a leading citizen of Bath, and then a close political ally of King,
that $100 was expected from that quarter for use by the managers in Port-
land. But the doctor now wrote that they had money enough, and he
advised King to spend the hundred "in sending a missionary or missionaries
express through your county, Hancock and Penobscot." He added that the
outlook was dubious in both Cumberland and Oxford, and that "unless the
utmost exertions are used by our friends in your section, we shall have
reason to fear the result."

This anxiety, however, was quite uncalled for ; every county in the
District voted for separation, although the majority in Hancock was only
sixty-three. The total vote was, for separation 17,091, opposed 7,132.
Proclamation of the result was duly made by Governor Brooks, and Maine
turned to the election of the constitutional convention. The fight over
separation once decided, both parties forgot old disputes, and joined in a
friendly and patriotic effort to choose the best men in the State to draw
up her fundamental law."

"Stanwood, "The Separation of Maine from Massachusetts," Mass. Hist. Soc
Proceedings, III:I, 125-165.

Chapter VII

THE STATE CONSTITUTION
ADMISSION TO THE UNION

ME.— li)

CHAPTER VII
THE STATE CONSTITUTION— ADMISSION TO THE UNION

On October 17, the convention met at the court-house in Portland. By
unanimous consent, Judge Daniel Cony, of Augusta, was requested to take
the chair.1 A committee on credentials was appointed, and reported that
there were 274 delegates present and legally returned. "On the invitation
of the Hon. Chairman, the Rev. Mr. Titcomb, of Brunswick, addressed the
throne of Grace, for guidance and direction in their important duties" ; the
convention then adjourned to three o'clock P. M., when it proceeded to
organize. William King, of Bath, was elected president by 230 out of 241
votes. On the selection of a secretary there was greater divergence of
opinion. On the first ballot there was no choice. The vote stood : R. C.
Vose 105, Ashur Ware 73, Nathaniel Coffin 50, scattering 15; but on the
second ballot Mr. Vose was elected, receiving 166 out of 257 votes. Cer-
tain committees were chosen, a sergeant-at-arms appointed, and it was voted
"that the ordained and settled clergymen of Portland be requested to act
as chaplains from day to day in the order of their seniority, and that the
president assign to each editor or agent of an editor who should apply for
it a convenient situation for the purpose of taking notes of the proceeding
of the convention." The first parish of Portland offered their meeting-house
for the use of the convention ; the offer was accepted, and after the first
day the sessions were held at that place.

One of the first matters taken up was the appointment of a committee
to prepare a draft constitution for the consideration of the convention. The
necessity for such a committee was generally recognized, but there was
great difference of opinion as to its proper size. It was urged on the one
hand that a small committee would do its work much more quickly than
a large one ; and that prompt action was important, because the convention
must sit idle until the committee reported. It was answered that fairness
to all, and respect for the wishes of the people, demanded a large com-
mittee. Mr. Holmes said: "There is considerable solicitude resting upon
this subject and well there may be. The people look with anxiety to the
committee who are to report a constitution, and will not be satisfied unless
the feelings and interests, not only of every part of the District, but of
every class of society, are represented on the committee." It was the first
appearance of the question of apportionment, of the division of political
power between the larger towns and the smaller ones, a subject which per-
haps aroused more feeling, and certainly caused more debate, than any
other matter before the convention. Some members, free doubtless from

'Judge Cony had played a prominent part in the history of the District, and his
family was to attain to still greater eminence. Two of his grandsons, Samuel Cony
and Joseph H. Williams, were to be Governors of the new State; and a third grand-
son, Melville W. Fuller, was to be Chief Justice of the United States.

148 HISTORY OF MAINE

all superstition, wished a committee of thirteen, others preferred forty-nine.
A compromise offered by Mr. Holmes was adopted and the preparation of
the draft was entrusted to a committee of thirty-three members, five from
each of the counties of York, Cumberland, Lincoln and Kennebec, three
from Oxford, Hancock and Somerset, respectively, and two from Penob-
scots and from Washington.

It was moved that the committee should also report a name for the
new State, but after much discussion it was voted to refer the latter subject
to a special committee of nine. Probably it was thought that the name
committee would act quickly, and that their report would give the conven-
tion something to do while waiting for the draft of the constitution. The
two committees were nominated by the chair and approved by the con-
vention.

Late the next afternoon, the committee on the name reported an ordi-
nance providing that the new State should be known as the "Commonwealth
of Maine," and on the following morning their report was taken up. Mr.
Parsons, of Edgecomb, moved to strike out "Commonwealth" and insert
"State," "on account of the saving of time and expense in writing and
printing." Judge Thacher said that he did not think the subject of great
importance, but that as it would be easier to write State than Common-
wealth, he should rather prefer it. He said that towns had been incon-
venienced by having long names, that the towns of Pepperelborough and
Pownalborough had had their names changed to Saco and Dresden for this
reason. Mr. Cutler, of Farmington, explained the reasons which influenced
the committee in deciding in favor of "Commonwealth." "The word," he
observed, "has more frequently been used ; it is more consonant to our
feelings, and we are, in some measure, attached to it."

Mr. Preble said : "The name of Commonwealth . . . seems to
designate our civil polity. It belongs to us, as much as to those from whom
we separate. It is a name of the Revolution, and our feelings are therefore
connected with it. It seems also to be a little more respectable. As to what
is said of other new States adopting the name of State, it is no example for
us. They have been formed of Territories, and were never a part of a
Commonwealth; they are a new people, as well as a new State. We are
comparatively an older people, and part of an old Commonwealth." Judge
Cony said: "This State is now to be divided, and we carry with us an
equal right to all its privileges, and among them that of the name of Com-
monwealth.' I am not much in favor of the word Maine, but am decidedly
in favor of Commonwealth as connected with it." The motion to strike
out "Commonwealth" was passed by the close vote of 119 to 113, and the
word State was then substituted.

'In the spring of 1816 the northern part of Hancock county had been made a
separate county under the name of Penobscot.

'Massachusetts officially styles herself a Commonwealth as well as a State.

ADMISSION TO THE UNION 149

It was then moved to strike out "Maine" as the name of the State,
for the purpose of inserting "Columbus." Mr. Vance, of Calais, hoped that
the motion to strike out Maine would not prevail. He said : "It is the name
by which we are known in this country and in Europe. All our maps, our
plans and records, have that name as the designation of the Territory. If
it were altered, perhaps half a century would pass away before the new
name were as well known. It is suitable for us to retain this name," said
the modest Mr. Vance, "as for many purposes we shall be the main State
in the Union; and as the original records of the province have this title,
he hoped it would not be altered." After some further discussion and an
attempt to call in the committees that their members might have an oppor-
tunity to take part in the debate, the report was laid on the table.

On the morning of Friday, October 15, it was again taken up. Judge
Cony urged that the opening era of the new community be consecrated by
performing a long-delayed act of justice, and calling it Columbus. He said
that Columbus had been cheated of his rightful glory of giving his name to
the continent, and that Maine suggested nothing great or distinguished, but
that "the name of Columbus is associated with all that is noble — all that
persevering fortitude or manly virtue could bestow or bequeath." Judge
Cony reminded the convention that it had met on the eleventh of October,
the anniversary of the day when Columbus discovered signs of land, which
the next morning fully confirmed. He said that Congress had voted that
first-rate ships of the line should be named after States, that Maine would
have to wait long for her turn, "but already . . . the finest ship in the
navy bore the name of Columbus, and after a lapse of a few years, it would
be supposed, she was christened for our State."

Judge Thacher replied that he did not wish to deprive old Columbus
of any of his honors, but he "did not discover this part of the continent, nor
did he know, as long as he lived, that the continent he discovered extended
to these latitudes. . . . He thought the name of Columbus, if known
abroad among the commercial nations, would more naturally carry the mind
to some part of South America, or perhaps to the Columbia river far beyond
the Mississippi, or the western shores of the continent. The District of
Maine is everywhere known as to its situation, commerce and products,"
and he did not wish to break the association. The convention was wisely
of the same mind, and the motion to strike out "Maine" was lost.

The friends of the designation "Commonwealth" were more than ever
opposed to the term State, now that it must be coupled with so short a word
as Maine, and Mr. Adams, of Gorham, moved to reconsider the vote strik-
ing out "Commonwealth" from the report of the committee. The motion
was supported by some of the most prominent men in the convention. Gen-
eral Chandler expressed a preference for "Commonwealth" as being more
sonorous and respectable. Judge Dana said: "Commonwealth is a more
appropriate term, as it better expresses the thing intended to be named; it

T5o HISTORY OF MAINE

is a republic, a government of the people." The Judge, who like Mr. Vance,
took a very roseate view of the prospects of the new State, said : "When
we consider that in point of wealth, commerce and navigation, and popula-
tion, this must be the largest State east of New York, the style and title of
State of Maine would seem to be inapplicable, not significant and rather
small and diminutive, when compared with Commonwealth of Maine. I
hope, sir, we shall adopt the latter, which will be more appropriate, will bet-
ter express our extensive territory, population and wealth." On the other
side, Mr. Emery, of Portland, quoted dictionaries to show that there was
little difference between the words "State" and "Commonwealth." Mr. Par-
sons, of Edgecomb, saw no objection to the union of two monosyllables. He
said that, "In common parlance, Maine would always be called a State — why
then should we style it Commonwealth? . What was the use of giving the
name of Jonathan, when it would always be called, after all, plain John?
Judge Thacher enforced the idea of the gentleman from Edgecomb. There
was one style applied in some parts of the Union to the solemnity of judicial
proceedings, and another used in the familiarity of ordinary conversation.
Virginia, Pennsylvania and Kentucky assumed the solemn style of Com-
monwealths, but they were never spoken of except as States. He thought
that the Court language should be assimilated to the common language as
nearly as possible." The motion to reconsider was defeated by a vote of
140 to 101.

Saturday, the i6th, was spent mainly on questions relating to the right
of certain delegates to their seats. On the afternoon of Monday, the i8th,
the committee on the constitution reported a draft. Mr. Holmes moved
to fill the blank which had been left for the name of the State, with the word
Maine; when Mr. Whitman, explaining that his service on the committee
had prevented him from addressing the convention on this subject, begged
leave to enter his dissent from the name suggested, and proposed that of
Lygonia* instead. But the convention had no wish to reopen the question
of the name. Mr. Holmes's motion was carried, and this much disputed
matter was at last finally determined.

The constitution consisted of a preamble and ten articles. The pre-
amble resembled in its opening that of the Constitution of the United States,
but added an acknowledgment of the goodness shown the people of Maine
by the "Great Legislator of the Universe." Article I consisted of a long
and detailed declaration of rights. Articles II to VI, inclusive, dealt with
the qualifications and duties of electors and officers. The right of suffrage
was given to male citizens of the United States, twenty-one years of age,
and resident in the State for three months. The only persons excepted were
"paupers, men under guardianship, and Indians not taxed." The Legis-
lature was to consist of a House of Representatives and a Senate. Bills

'It will be remembered that Lygonia was the name given to the territory granted
by the "Plough" patent which was afterward purchased by Cleeve.

ADMISSION TO THE UNION 151

for raising revenue were to originate in the House, but to be subject to
amendment by the Senate, "provided, that they shall not, under color of
amendment, introduce any new matter which does not relate to raising a
revenue."

No members of Congress or officers of the United States except post-
masters, and no persons holding offices of profit under the State except
notaries public, coroners, and officers of the militia, were allowed to sit in
the Legislature while holding such offices. The two Houses were given
powers in relation to impeachment, similar to those exercised by the national
Senate and House. The Representatives were to be chosen by the towns
and plantations, the Senators were to be elected by districts, both must be
American citizens ; the Representatives were to be at least twenty-one years
of age, and the Senators, twenty-five.

In the case of a failure to elect Representatives new elections were to
be held until a choice was made. But if there was a failure to elect a Sen-
ator or if a vacancy occurred in the Senate, the members of the House and
such Senators as had been elected were to fill in joint convention the
vacancies in each district from a list of the candidates who had received the
greatest number of votes, the number of names in the list to be equal to
twice the number of vacancies, provided that so many persons had been
voted for. That is, if a district were entitled to three Senators, but only
elected one, the Representatives and Senators elected should fill the two
vacancies by choosing two from the four non-elected candidates who had
received the highest popular vote.

The principal executive power was vested in a Governor, to be elected
annually. The Governor was required to be thirty years old, a native-born
citizen of the United States, and a resident of Maine for five years, or from
the adoption of the constitution. He was given the usual powers of an
American Governor, including the right to veto bills, command the militia,
and to appoint officers, and grant pardons with the consent of his Council.
The right of veto must be exercised within five days, exclusive of Sunday,
of the passage of the bill on which the veto was to operate, and a "pocket
veto" was prevented by a requirement that if the Legislature adjourned
before the expiration of the five days, the bill should become a law, unless
a veto was sent in within three days after the next meeting of the Legis-
lature. The Governor, although commander-in-chief of the militia, except
when in the actual service of the United States was forbidden to march or
convey any of the citizens of the State beyond its borders without their
consent or that of the Legislature, unless it should become necessary to
move them across part of another State in order to protect Maine. The
Governor's power of appointment, subject to the approval of the Council,
was much more extensive than it is today. He nominated all judicial
officers, the Attorney-General, the sheriffs, coroners, registers of probate,
and notaries public, and all other officers whose appointment was not other-
wise provided for by the constitution or by law.

I52 HISTORY OF MAINE

The Council was to be chosen by joint ballot of the Legislature in con-
vention, and was to consist of seven members who must be citizens of the
United States and residents of Maine. Not more than one councillor could
be elected from any senatorial district. The Secretary of State, who had
charge of the records, and the Treasurer were to be elected by the Legis-
lature; no Treasurer was to engage in business while in office, or to serve
more than five years successively. The Governor, Council and Legislature
were all to be elected annually by the people. The tenure of office, when
not fixed by the constitution or by law, was to be during the pleasure of the
Governor and Council.

The sixth article provided that the judicial power of the State should
"be vested in a Supreme Judicial Court and such other courts as the Legis-
lature shall from time to time establish." All judicial officers, excepting
justices of the peace, were to serve during good behavior, but not beyond
the age of seventy years. Justices of the peace and notaries were to have
terms of seven years.

The seventh article provided for the organization of the militia and
for exemption from service. The eighth article directed that schools and
institutions of learning be provided and assisted.

The ninth article dealt with miscellaneous matters. It gave to the
Governor and Council the right to remove any officer, if requested by an
address of both branches of the Legislature, but the causes must first be
entered on the journal of the House in which the address originated, and
a copy must be served on the person whose removal was sought, that he
might be heard in his defense. The tenth article provided for the election
of the first Legislature, fixed the number of the Representatives of the sev-
eral counties and towns, enacted the conditions on which Massachusetts
gave her assent to the separation, and permitted the amendment of the
constitution if two-thirds of both Houses of the Legislature should agree
on an amendment, and the people, at the next annual election for Governor,
should accept it by a majority vote.

The preamble and the declaration of rights, except one section, passed
with little opposition. The term "Great Legislator of the Universe" was
changed to that of "Sovereign Ruler" ; and the authority of the jury in libel
cases was strengthened by changing the provision "the jury shall have a
right to determine the law and the fact under the direction of the court,"
to "the jury, after having received the direction of the court, shall have a
right to determine, at their discretion, the law and the fact."

The section dealing with religious freedom was discussed at consider-
able length, and apparently with more feeling than any other subject except
that of the apportionment of Senators and Representatives. The section
gave full liberty of conscience and of worship, and forbade the granting a
legal preference to any sect or denomination, or the establishing of any
religious test as a qualification for office. Immediately before the discus-

ADMISSION TO THE UNION 153

sion, a memorial was presented to the convention from a committee of the
"Catholics of Maine," stating that under the constitution of Massachusetts
they were excluded from an equal participation in the benefits of govern-
ment, and praying that by the new constitution they might be admitted to an
equality of religious and civil rights and immunities. Judge Parris re-
marked, "that the object of the memorialists would doubtless be secured to
them by the bill of rights, if adopted as reported, and moved that the peti-
tion lie on the table,". and it was so ordered.

The section on religious freedom was then taken up. Several of the
leading members of the convention, including some of the most prominent
Federalists, such as Judge Thacher, of Biddeford, and Messrs. Whitman
and Emery, of Portland, felt that the article was of too negative a character.
It was moved to make the section also assert the duty of worshipping God ;
to make it declare that it was the duty of Christians to observe the Sabbath ;
and to authorize the Legislature "by all suitable means, to encourage and
support the institutions of public worship, and of public instruction in the
principles of piety, religion and morality." In defense of these amendments
it was urged that worship was a duty, and that civil society could not be
maintained without religion. Mr. Holmes replied that the declaration before
the convention was one of rights, not duties; that the subject of this section
was the most difficult which the committee had had to encounter, that they
had decided to simply declare the people's rights of conscience, that if they
included duties they might introduce a whole system of ethics. "To pre-
scribe the duty, would be to authorize the Legislature to enforce it. This
would excite jealousy and alarm. The worship of God is, and ought to be,
free. Religious oppression brought our fathers to this country, and their
descendants will not fail to resist it."

Mr. Holmes also spoke with great earnestness of the danger that the
Legislature would abuse the proposed power. "Every mode," he said, "by
which men could harass, torture and destroy one another, has been thought
suitable means" to support religion. A similar argument was used by Judge
Parris. He said "the word suitable is of the most extensive import, suffici-
ently so to cover any means that any Legislature may adopt, as they, and
they alone, are constituted the judges of what is suitable." Such an argu-
ment met with ready response from the convention and all amendments
were voted down, most of them by large majorities. Mr. Hobbs, of Water-
borough, moved an additional clause providing that no one should ever be
forced to pay for the building or repairing of any place of worship contrary
to his own voluntary engagement. In Massachusetts every man was obliged
to contribute to the support of some religious society, and the defeat of the
amendments relating to the encouragement of religion was probably due
in part to the fear that the churches might acquire a taxing power. Nor
does the fear seem unreasonable. One of the members of the convention,
Mr. Usher, of Hollis, frankly stated in debate that, "while the people are

HISTORY OF MAINE

protected in their rights, we should guard against their licentiousness. He
could see no reason why every one should not be required to contribute in
some way to the support of religion and the worship of Almighty God."

Mr. Holmes replied to Mr. Hobbs: "The committee had this subject
under consideration. But we concluded that it would be going too far. To
say that a man should not be compelled to aid in building a house of worship
unless he has given his consent, would be to destroy all corporate powers.
Shall a man lay by, and if the place or construction of the building does
not exactly suit him, be exempt because he did not -vote? Most surely this
man ought to be bound by all the lawful acts of the corporation, so long as
he continues a member." The convention accepted Mr. Holmes's view, and
adopted the committe's draft without change.

On October 20 the convention considered the qualifications of electors
and, on motion of Mr. Holmes, required the residence which gave the right
of suffrage to be for the three months next preceding the election. It was
also provided that a student should not acquire the right to vote by residence
at any seminary of learning. The committee had denied the suffrage to
paupers, persons under guardianship, and Indians not taxed. Mr. Vance,
•of Calais, moved to add negroes to the list. Mr. Holmes replied, "The
'Indians not taxed' were excluded not on account of their color, but of their
political condition. They are under the protection of the State, but they
can make and execute their own laws. They have never been considered
members of the body politic. But I know of no difference between the
rights of the negro and the white man ; God Almighty has made none ; our
declaration of rights has made none. That declares that 'all men (without
regard to color) are born equally free and independent.' " Mr. Vance and
Dr. Rose spoke in favor of the exclusion of negroes but it was voted down.

After dealing with a few minor matters, the convention passed to the
subject of the number and apportionment of the members of the Legislature.
This proved to be the most troublesome of all the questions which the con-
vention had to determine. It was debated at much greater length than any
other, at times very bitter feeling was shown, and some of the members
were so displeased with the results that they refused to sign the constitu-
tion. There was a very earnest wish both in the convention and among
the people that the House of Representatives should not much exceed one
hundred members ; but the small towns were determined to keep their right
to send Representatives, and the large towns, in the name of sacred equality,
demanded a representation in proportion to numbers. It was clearly impos-
sible to fully satisfy men holding such contradictory views.

A like difficulty was encountered in apportioning the members of the

first Legislature, and in forming an acceptable plan for a Senate. So seri-

•ous were the differences that at one point in the debate Mr. Holmes

exclaimed: "I am almost inclined to congratulate myself that Massachu-

. setts has given us a provisional constitution ; for I begin to doubt whether

ADMISSION TO THE UNION 155

we shall be found capable of agreeing upon one for ourselves." Messrs.
Whitman, Parris and Emery argued earnestly in favor of creating a small
Legislature, with representation according to population. Mr. Whitman,
in an able speech, cited the examples of other States and of the United
States to prove the advisability of such a course. He said that no Legis-
lature would diminish its own number, that the Legislature of Massachu-
setts consisted, when the attendance was full, of about seven hundred
members ; but in high party times neither party would dare move its reduc-
tion for fear of being accused of wishing to abridge the right of repre-
sentation, and thus being rendered odious to the people. Hence Massa-
chusetts had no chance of a reform except by the separation of Maine.
Mr. Whitman also said that the national House of Representatives was too
large, that it contained 184 members, but that there was no possibility of
reducing it, it would rather increase ; and, with a clear insight into the
future, he told the convention that "the members, on making a new appor-
tionment, after a census, will each look with a single eye to his particular
district, and will not reduce the ratio of representation so as to increase
the size of his district or diminish the number to which his State shall be
entitled."

Judge Thacher argued at some length in favor of the report of the
committee which gave each town of 150 inhabitants a representative, and
said that he would not have objected to a higher number. He declared
himself opposed to the representation of districts according to their popula-
tion. He admitted that "by a constant increase of towns the House might
be thought too numerous" ; but claimed "that many advantages result from
the evil ; every member gains much useful information and carries it to
his town. The Legislature is an important school, and the members from
distant country towns that have but little connection with the great political
world, return home as teachers and schoolmasters." Mr. Herrick, of Bow-
doinham, agreed with Judge Thacher that a representative was useful as a
kind of animated newspaper. "If there are few who are concerned in
making laws," he said, "it will be more difficult to satisfy the people of
their reasonableness. If our representation is to be so thin that but one
representative in eight or ten miles square is to be chosen, the commonalty
will have little or no opportunity to obtain information of the measures of
the government, and explanations of the policy and propriety of the acts
of the Legislature." Mr. Herrick closed his remarks with a sentiment
which might well serve as a motto for all public speakers : "I have nothing
more, sir, to say which may be considered pertinent, and I should be
unwilling to offer anything which is unpertinent" (that is, not bearing on
the question).

Mr. Baldwin, of Mercer, attempted to meet the demand of the large
towns for a representation in proportion to their numbers, by arguing that
they would be virtually, over, not under, represented. "Gentlemen who have

156

HISTORY OF MAINE

spent the greater part of their lives in study, and especially the study of
elocution, and that on purpose to enable them to shine in courts, will gener-
ally settle in cities or populous places ; the reason is, money is always scarce
in new settlements; there is nothing to induce men of great abilities,
especially men of great acquired abilities, to settle in new and thinly
inhabited places; money is the lure. Now, Sir, I have said it, and am
bold to say it again, that one gentleman from Portland has more influence
in this convention than the whole delegation from Somerset county, which
has twenty-nine members. The reason is obvious. The members from
country places are mostly farmers ; and they will generally sit from one end
of the session to the other without saying a word. Where there is an
assemblage of the most brilliant talents and literary accomplishments from
all parts of the State, the farmer is loath to expose his ignorance and
weakness, and hazard being made the butt of ridicule for his blunders and
every-day language. And if now and then one dares venture out, and
blunder on in his homemade, everyday, farmer dialect, his only security is
confidence. If he has plenty of brass and a good share of common sense,
he may possibly jog on, and hold up his end tolerably well, in a ludicrous
manner; but such instances are rare. For the most part (and I repeat it
with confidence), one man who is master of all the alluring, persuasive,
and insinuating charms of eloquence, will carry more sway in a legislative
body than thirty silent members from the country."

The delegates from the larger towns were not satisfied by such argu-
ments, especially as no concessions were made to them in the apportion-
ment of Senators or in the method of paying members. Massachusetts
apportioned the Senators among the counties according to the amount of
taxes paid, thus giving property a kind of representation. But nothing of
this sort was proposed in the constitution before the convention. One
member politely asked Mr. Holmes if the committee had considered this
matter and, if so, why no such provision was made. He received the curt
reply that the answer to the first question was "yes," to the second, "no,"
because they had seen no reason for doing so. But the delegates from the
larger towns believed that the climax of injustice was reached when it was
proposed that the salaries of the Representatives should be a charge upon
the State treasury. They felt like the man who had been tarred and
feathered and then was requested to pay for the ruined feather-bed. De-
prived of a proportional representation in the House, refused a counter-
balance in the Senate, they were now asked to (partially) relieve the towns
of the cost of what they deemed the unfair advantage given them. In vain
it was pointed out that a Representative was a servant of the whole State,
that many of the towns might fail to send members if they were obliged
to pay them themselves, and that it would be a great evil to have large
districts unrepresented. Probably the larger towns thought that this was
no fault of theirs, and, indeed, hoped that such would be the case, since
their relative weight in State matters would thereby be increased.

ADMISSION TO THE UNION 157

The conduct of John Holmes added to the irritation. Many of the
delegates believed that he had been exerting all his great skill as a politi-
cian to stir up jealousy in the small towns and unite them against the
larger, and during the debate he had given much offense by quoting Jef-
ferson as saying that "great cities were great sores." When, during the
evening session, Mr. Emery, of Portland, rose to speak at about eleven, he
was greeted in one or two quarters by a shuffling of feet and a calling for
the question. His indignant protest was met by the president with concilia-
tory language, and Mr. Emery spoke for about an hour. He begged that
time be allowed to consider other plans which had been presented. "Shall
it be said," he asked, "that this most momentous of all questions was set-
tled in a midnight session?" An adjournment was carried, but no conces-
sions were made to the large towns.

The section relating to the Governor was passed with little debate and
with only verbal amendments ; but the one establishing a Council met with
considerable opposition. Dr. Rose, of Boothbay, moved to strike out the
whole section, and, when his motion was defeated, attempted to reduce the
number of councillors. He said, "The Executive of most of the other States
acts without a council, and no complaint is made of the want of one. New
York has one, which they would be glad to get rid of. I believe we can
get a Governor as capable of doing the business of the executive alone, as
other States. If we give him a council, we not only incur a useless expense,
but divide the responsibility, and open a door for intrigue. The senators
will come from all parts of the State, and will give him all the informa-
tion he could obtain from a council. And besides, as has heretofore been
the case, he may have a council in whom he has no confidence."

Mr. Holmes replied that he had made the same argument in committee,
but that he had received such information as to the amount of work done
by the Council that he believed it wise to retain it. Mr. Whitman, who had
formerly been on the Council, and Judge Bridge, who was then a member,
explained that the Council with the Governor supervised the payment of
money from the treasury, that they assisted the Governor in examining the
numerous applications for pardon and the many requests made to him as
commander-in-chief for the organization or consolidation of companies of
militia. "On the whole, sir," said Mr. Whitman, "I believe there is no other
body of men whatever, who have, under the constitution of Massachusetts,
performed so much and so important service, at so small an expense." The
convention decided to retain the Council, and also refused by a vote of 1 10
to 74 to reduce the number of members.

Mr. Baldwin moved that the councillors be elected by the people. He
said that if they were chosen by the Legislature they would be of the same
political complexion as the majority, but if elected by the people they would
"represent the different political views of the different parts of the coun-
try." Neither Mr. Baldwin nor any other member of the convention seems

i58 HISTORY OF MAINE

to have realized the disadvantage of having an executive body divided polit-
ically. It was said, however, that the districting of the State for council-
lors would produce collisions and that the members of the Legislature
would be the best fitted to make the selections ; and Mr. Baldwin's motion
was lost.

The next section considered was that relating to the militia. The
militia then included, speaking broadly, all citizens of military age, but the
Legislature of Massachusetts had made many exemptions. The committee
had exempted Shakers and Quakers, but limited the right of the Legis-
lature to exempt. The subject provoked much discussion. It was moved
that Quakers and Shakers be required to pay an equivalent, that all persons
having conscientious scruples be excused both from serving and paying
money," that ministers of the gospel be exempted, and that only such minis-
ters be exempted as were ordained and settled. Judge Thacher, in one of
the longest speeches delivered in the convention, defended the exemption of
Quakers and Shakers from service, but argued that the Scripture gave
no countenance to their refusing to pay an equivalent. He also spoke of
the danger of allowing men to escape a tax if they could find a conscien-
tious scruple against paying it. A similar argument was advanced against
exempting all who acted as ministers. The convention finally provided that
"persons of the denominations of Quakers and Shakers, justices of the
Supreme Judicial Court and ministers of the gospel, may (not shall) 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."

The next section of the constitution was headed Literature. It stated
that: "A general diffusion of the advantages of education being essential
to the preservation of the 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 maintenance of public schools ; and it shall
further be their duty to encourage and suitably endow, from time to time,
as the circumstances of the people may authorize, all academies, colleges
and seminaries of learning within the State." But no grant could be made
to any literary institution unless at the time of making the grant, the
Governor and Council should have the power of revising and regulating
the doings of the trustees and government of such institution, in the selec-
tion of its officers and the management of its funds. This limitation was
probably due to the famous decision of the United States Supreme Court
in the Dartmouth College case, which had been rendered within the year.
The court decided that a college charter was a contract, and therefore

"The Quakers could not conscientiously pay or receive money as an equivalent
for military service. It was stated that some old soldiers of the Revolution, who had
become Quakers after their discharge, refused to draw pensions.

ADMISSION TO THE UNION 159.

incapable of alteration by the Legislature. Moreover, the articles of sepa-
ration forbade any alteration in the charter of Bowdoin College except with
the consent of the college or by action in the courts according to the prin-
ciples of law. Dartmouth and Bowdoin had been Federal in their influ-
ence. Maine was Democratic. There was a strong feeling that the people
should exercise some control over the only college in the State, and that if
the college were to be governed solely by boards which filled their own
vacancies, it would in time fall into the hands of family, ecclesiastical or
political cliques. It was also felt that so long as Bowdoin remained under
the authority of a "foreign power" (Massachusetts) it ought not to receive
one cent from the State of Maine. Personal prejudice may also have
played a part. John Holmes, the chairman of the committee that drafted
the constitution, had been counsel for the losing side in the Dartmouth
College case. William King, the president of the convention, had a deep
grudge against Bowdoin because its agent had adopted what were perhaps
unnecessarily vigorous means to ensure his payment of a bond which he
had given as surety for the college treasurer. Nehemiah Cleveland, in his
history of Bowdoin, says that General King was the author of the provision
in the constitution making State aid conditional on submission to the legis-
lative will.' In February, 1870, Samuel Benson stated that in 1834 he heard
King tell a committee on education of the Maine House that he had visited
Jefferson at Monticello before the meeting of the convention, that they dis-
cussed the general provisions which should go into the constitution, and
that the ex-President dwelt especially on the importance of education, call-
ing it the main pillar of the prosperity and character of the State. General
King said that at his request Mr. Jefferson wrote out the substance, if not
the exact words, of the article on literature, which, says Mr. Benson, was
inserted through King's influence.

But while the convention was determined that the State should have
some control over any institution which it aided, it so far modified the draft
of the committee as to transfer the supervising authority to the Legisla-
ture, which would be slower to exercise it than the Governor and Council,
and changed the authority of revising the selection of officers and manage-
ment of funds to a right to modify the character of any literary institu-
tion "present or future," in such a manner "as shall be judged necessary to
promote the best interests thereof."

The convention fixed the number of Representatives and Senators,
named the districts which were to choose them, and elected Ashur Ware
Secretary of State pro tempore. The various articles of the constitution
having been reported as correctly engrossed, and in some cases amended,
the constitution as a whole was adopted by a vote of 236 to 30.

The convention directed that an application be made to Congress for
admission as a State, and selected Portland as the first place of meeting of

'General King became afterward a trustee, friend and benefactor of the college.

160 HISTORY OF MAINE

the Legislature. The constitution was then subscribed by the president and
secretary, and all of the delegates but 31, who refused to sign, probably
because of their dissatisfaction with the treatment of the question of repre-
sentation, and the convention then adjourned till the first Wednesday in
January. They reassembled on that date, examined the returns, and found
that there were 9,837 votes "legally and seasonably cast," 9,050 of which
were in favor of the constitution, and 796 opposed. More than a thousand
votes, of which only 77 were against the adoption of the constitution, were
not counted because of irregularities.

After some other business had been transacted, Judge Thacher moved
"That the thanks of this convention be presented to the Hon. William
King, for the dignified and impartial manner in which he has discharged
the duties of the chair during our deliberations." The resolution was
adopted unanimously. Mr. King replied: "Gentlemen of the convention,
for the sentiments which you have expressed I feel particularly grateful.
They come, I perceive, from an old and respected friend, from whom
political considerations have perhaps too long separated me. My friend
on this occasion does not remember them; they are therefore erased from
my recollection forever. The constitution, gentlemen, which you presented
with so much unanimity to our fellow-citizens, an unexampled majority
have adopted. Your business has therefore now terminated ; to the public
it has been most useful, to yourselves most honorable, being now enrolled
as the fathers of the constitution. Permit me, gentlemen, to hope that the
constitution with which God has been pleased through you to bless us, may
long preserve the liberties and promote the happiness of all our fellow-
cftizens, and that for your services you may not only receive the respect
of the virtuous of your own times, but the regard of posterity." On the
motion of Judge Cony the convention adjourned without day.

The constitution had not only been well received by the people of the
State, but it met with favorable notice beyond its borders. The Boston
Centinel stated that "Good judges say it will not suffer by a comparison
with the best in the United States." The New Hampshire Patriot praised
the college grant provision, and the Alexandria Herald said of the con-
vention that "Much ability and talent appears from the report before us
to have been displayed by the different speakers."

Maine had accepted the terms of separation, in the manner prescribed
by Massachusetts, and had adopted a constitution, the propriety of her
becoming a separate State was recognized throughout the Union, and under
ordinary circumstances she would have been admitted without question or
delay ; but the circumstances were not ordinary, and at the last moment the
movement for Statehood was threatened with defeat, for the application
of Maine had become involved in the bitter struggle over the "Missouri
question."

For several years the territory of Missouri had been desirous of becom-

ADMISSION TO THE UNION 161

ing a State ; the Legislature applied to Congress for admission, and in the
session of 1818-1819 the House of Representatives passed a bill admitting
Missouri, but on condition that no more slaves should be brought into the
State, and that all children of slaves born after admission should become
free at the age of twenty-five. The Senate struck out this limitation on
the rights of a sovereign State, the House refused to accept the amend-
ment, neither would give way, and Congress adjourned without taking
action on the admission of Missouri. The failure to provide against the
extension of slavery caused great disappointment in the North. Pamphlets
were published, sermons preached, and mass-meetings held to demand the
restriction of slavery. Many Legislatures passed resolutions calling on Con-
gress to refuse to admit Missouri except on conditions similar to those laid
down by the House of Representatives. The agitation at the North pro-
voked a counter-agitation at the South, and when Congress met in Decem-
ber, 1819, both parties were highly excited and determined not to yield.
The memorial of Maine asking for admission was referred to a select com-
mittee, and on December 31 they reported a bill for that purpose.

Here was an opportunity for the opponents of the prohibition of
slavery in Missouri. The vote on the latter question would be very close,
it was possible that the seven Representatives from Maine might consent to
waive their objections to the reception of another slave State into the Union
if the sacrifice were necessary to secure the admission of Maine, and their
votes might turn the nicely balanced scale. The temptation would be the
stronger because the consent of Massachusetts to the separation of Maine
was given on condition that the bill admitting her be passed before the
fourth of March, 1820, and should Congress fail to act, the vote of the
District in favor of Statehood, and the ratification of the constitution pre-
sented by the Portland convention would become of no effect.

The Southerners promptly attempted to make Maine a hostage for the
admission of Missouri on their own terms. The House considered the
Maine bill in committee of the whole. A motion to report it to the House
for passage was made, and Henry Clay, whose position as speaker might
be thought to lay him under an especial obligation to discuss the question
with calmness and moderation, rose and attacked the motion in a long and
bitter speech. He declared that his own State of Kentucky had been kept
out of the Union a year and a half until Vermont was ready, and that the
South had as much right to make the unrestricted admission of Missouri
a condition of the admission of Maine as the North had to strip Missouri
of a portion of her sovereignty by denying her the right to pass such laws
on the subject of slavery as she might see fit. The House, however, con-
sidered these arguments unsound, and passed the Maine bill by a small
majority. The Senate also by a small majority amended it by adding a bill
for the admission of Missouri without any restriction in regard to slavery.

ME.— 11

162 HISTORY OF MAINE

The bill now went back to the House, which was hotly debating a Mis-
souri bill of its own. The struggle in both Senate and House was the
fiercer since the question at issue was by no means a purely humanitarian
one. Rufus King, who led the restrictionists in the Senate, with great
ability, spoke of the contest as one for political power, and though he later
endeavored to explain away or modify his words, which had been eagerly
seized on by the Southerners, his private correspondence shows that he felt
that if this attempt to check the spread of slavery failed, the power of the
South would be so firmly established that "old Mr. Adams, as he is the
first, will on this hypothesis be the last president from a free State." Other
Northern public men doubtless held similar opinions, while the Southerners
were keenly aware of the disadvantages under which they would labor
should slavery be confined within its present limits.

The contest over Missouri was also in some degree a party one. Com-
plaints of the domination of the slave States had come mostly, though by
no means entirely, from the Federalists ; many former Federalists led in
the effort to exclude slavery from Missouri, and Mr. King himself had
been the candidate of the Federalist remnant at the last presidential elec-
tion.7 This phase of the "Missouri question" proved of considerable advan-
tage to the South, for it gave Democratic Senators and Representatives from
the North an opportunity of arguing with some show of reason that the
movement for restriction, though masquerading as an attack on slavery,
was in truth an attempt to revive the Federal party.

The Representatives from Maine found themselves in a most embar-
rassing position. If they favored restriction, the South might revenge her-
self by voting against the admission of Maine, but there were also the per-
sonal questions seldom wholly absent from the mind of a Congressman,
what will my constituents say? What effect will the course that I wish to
take have on my re-election ? Such problems must have been especially per-
plexing to Representatives Holmes and Hill, who, for the sake of securing
the admission of Maine, were inclined to vote with the South. The atti-
tude of the leading Democratic paper in Maine, the Argus, encouraged them
to do so. In an editorial of December 21 it said that the Missouri question
might safely be left to the wisdom of Congress, and stated at some length
the "dilution argument," that the number of slaves would not be increased
by permitting slavery in Missouri, and that by spreading them over a
greater extent of country they would be less numerous in proportion to
the whites in the slave States and territories, and therefore less dangerous
and more valuable, and would be treated with greater kindness.

On January n, 1820, the Argus took more definitely a position like

'William King seems to have expected a reorganization of parties, that one would
be formed of the most moderate and the best of the Federalists and the Democrats,
and that it might elect his brother Rufus, President. John Quincy Adams thought
that Senator King hoped to obtain the office as a result of his opposition to the exten-
sion of slavery, but there is nothing in Mr. King's own letters to support such a
theory.

ADMISSION TO THE UNION 163

that of the South, and gave an early example of the willingness of many
Northern papers and politicians to cringe before the slave power. It did
indeed declare the making the admission of Maine dependent upon that of
Missouri to be unjust, but said that it was the duty of the Representatives
from Maine to see that she was admitted before March 4. "The people
expect it and will, we believe, take no excuse for neglect. One word more.
If our brethren of the South feel some degree of irritation on account of
the clamor that has been raised in the Eastern States during the last sum-
mer, it ought to be remembered that this clamor was not raised in Maine,
nor has it been encouraged here. An attempt was made by a few busy
meddling persons to call meetings in different parts of the State, but they
have been uniformly discouraged. We have been willing to submit the
question to the unbiased decision of the proper authority, and in that deci-
sion, whatever it may be, we shall acquiesce."

In other quarters, however, the prospects were not so cheering for
Representatives from Maine who should vote with the South.' The popular
movement for restriction of slavery had probably been stronger than the
Argus admitted. Not only were most of the Federalists and their principal
paper, the Portland Gazette, supporting restriction, but many Republicans
had declared themselves in favor of it, believing that the people would
approve their doing so.

On January 3rd, Congressman Hill wrote to King, angrily demanding,
"Are those from Maine who would prefer a positive good rather than
quarrel about doubtful rights, to be mobbed, blackguarded and villified on
their return, provided they should feel it their duty to take this course, this
choice of evils, or will our constituents come out and support us in this
trying dilemma? Let us know your opinion immediately, but do not any-
thing in this regard by a public act of your convention (the constitutional
convention was about to reassemble to count and declare the votes on rati-
fying the constitution), but do it through the medium of a committee, if
anything is done more than through individuals."

Mr. Hill evidently relied on the influence of a few leaders, rather than
on general public opinion. He then proceeded to give advice as to where
pressure was needed and would do the most good. "Be careful," he says,
"to write fully and decidedly to Messrs. L. (Lincoln), P. (Parker) and
K. (Kinsley) ; as for M. W. (Mr. Whitman), I do not know what can be
done with him." Three days later he wrote again, describing the attitude
of the Maine members and urging that influence be brought to bear to make
them vote as a unit against restriction. He said: "One of our members
says, 'Why let us unite with the North & put down Slavery, else our charac-
ters will suffer & if we do not get admitted now, Massachusetts will modify

'There was intense feeling in the District on this matter. Judge Cony wrote
to Rufus King, "We protest, solemnly protest, against coupling the destiny of Maine,
the civilized, populous State of Maine (300,000 free inhabitants), with the trackless
regions, the dreary wastes, the sable tribes of the Missouri beyond the Mississippi."

164 HISTORY OF MAINE

the law and we can come in next year!' Another says, 'I have already
voted once in favor of the restriction & every man has pride of character
about him as I must be consistent, & if the people of Maine don't like it,
I can move away and live somewhere else.' Another says the Senate 'is a

set of d d n gs if they so demean themselves by adhering to this

counsel!' Mr. Whitman will go as he chooses. Mr. C. (Cushman) will be
willing (as it appears) to act prudently, and Mr. Holmes has no difficulty.
. . . Mr. Lincoln appears to be determined to vote as he did before, let
come what will. Our members must be written to and instructed to act
together, or the whole thing will have the go by at last, and the thought of
it is enough to make one feel desperate. Johnson, of Belfast, is writing
Kinsley, and others from various parts of the district are fanning the
flame, and plainly declare that Maine ought to be sacrificed, rather than
flinch from the restriction on Missouri."

Early in February, Senator Mellen, who was a resident of Maine,
received a letter from a committee of the Maine members of the Massa-
chusetts Legislature, from which the inference was drawn that the Maine
Representatives at Washington were expected to support restriction. This
was not the kind of a letter Hill desired, and he wrote to King in angry
remonstrance : "I am for going as far as anybody to restrict slavery, if it
can be done without setting the United States on fire, for I think the wel-
fare of 8 millions of whites are of more importance than a question about
the black populations and that the preservation of the Union, & the admis-
sion of Maine of more importance than the doubtful right by the constitu-
tion to meddle with State sovereignty on the present question." On Feb-
ruary 9 he asked King to let the Maine Representatives know if it was
necessary that admission should take place at the present session, because
if so, they "might think it expedient to use facilities that in the other case
would not be resorted to."

On the 23rd of February, King wrote to Holmes that he thought that
the latter should agree to the compromise if nothing better could be ob-
tained, that it was much better than was expected, and that he hoped that
the whole Maine delegation would accede to it, as it was of the greatest
importance that the question should be put to rest.

The Maine Representatives also feared that Congress might uninten-
tionally defeat admission by delaying action until after March 4. Early in
January Holmes and Hill had suggested to Senator Mellen and the Maine
delegation in the House that a memorial in behalf of Maine be presented
to the Senate by her representatives, but these gentlemen did not favor the
plan. Later, however, a letter of instructions which apparently approved
such action was received. Holmes and Hill then renewed their efforts and
Mr. Mellen now gave the plan his approval, saying that it could do no harm
and might do good. Representatives Parker and Whitman also consented
to sign, but the others refused. Holmes and Hill at once had a memorial

ADMISSION TO THE UNION 165

drawn up. If it was to be presented at all, it was clear that it should be
signed by the whole delegation, and Kinsley and Cushman agreed to sub-
mit to the wishes of the majority, but Lincoln refused. He said that he
feared that its presentation might be considered as out of the ordinary
course of procedure. The memorial stated that the signers "hope and trust
that the peculiarity of their situation will be their apology for urging that
those other claims may be brought to a decision, and in believing that after
five weeks' debate on a subject with which they have been unfortunately
connected, Congress will for their sakes practise a brevity which the crisis
demands." The memorial was presented to the House of Representatives
on February 22, read and laid on the table.

Action was also taken in Boston to prevent the ill consequences of
delay by Congress. On February i the Maine Senators and Representa-
tives in the Massachusetts Legislature met and appointed a committee to
draw a memorial to be presented the next day, asking that the time allowed
for obtaining the consent of Congress to the admission of Maine be ex-
tended. This request was granted, and Massachusetts extended the time
two years. The Maine Representatives at Washington, however, were very
desirous of obtaining admission at once, and had become extremely anxious
lest action might not be taken before March 4. Unexpected obstacles
appeared, Hill wrote to King, "Notwithstanding our most pressing &
urgent expostulations, Mr. Randolph (took the floor at 12 o'clock today &
occupied it until 5, when Mr. Rhea rose and went on some time, and after
three trials the House at last adjourned until the morning, when the sub-
ject will be renewed. What renders it more unpleasant is, that Mr. Walker,
a member from Kentucky, is every moment expected to draw his last
breath, which in the unfortunate event of his death, will suspend all busi-
ness for two days."

Mr. Walker died on the first of March, but as he had expressed a
wish "to be buried without pomp or parade, attended by a few only of his
friends," the House did not adjourn for his funeral. There was, there-
fore, no break in the sessions, and at the last moment a compromise was
agreed on. Maine and Missouri were to be admitted by separate bills;
Missouri was to come in without conditions as to slavery, but all the other
territory in the Louisiana Purchase north of 36* 30', the southern boundary
of Missouri, was to be forever free. The Maine bill was hurried through
and was signed by the President on March 3.

Only seven votes from New England were given for the compromise,
and two of them, those of Holmes and Hill, were from Maine. The other
Maine members voted against it, Cushman made a would-be-eloquem
speech which though somewhat ridiculous because of its over-strained
rhetoric, contained a strong plea for nationality which placed him with
the forces of the future rather than of the past. Not content with oppos-
ing the compromise in the House, Messrs. Cushman, Kinsley, Lincoln and

166 HISTORY OF MAINE

Whitman issued an address declaring that the North had been unfairly
treated, that the power of the South had been greatly increased, and that
the prohibition of slavery north of 36° 30' was practically valueless, since
two-thirds of the Senate must assent to treaties for purchasing these lands
from the Indians and the South could therefore prevent the acquisition of
the territory north of 36* 30' forever.

Holmes and Hill were alarmed by what was in substance a public
attack upon them. The Gazette, too, was assailing in the bitterest terms all
who would acquiesce in the admission of Missouri without restriction. In
these circumstances it was hard to decide what was the safest course to
take. Among Holmes' papers are interesting though contradictory letters
of advice from two of the most experienced politicians in Maine, General
King and J. F. Wingate. The former wrote, "The gentlemen who con-
templated a new party, the North against the South, will in this State I
am sure be much disappointed; we are now taking measures to have all
the Republican papers in Maine give such a direction to this business as
will destroy their hopes here." General King advised Holmes to say that
he and Hill had secured the independence of Maine, that the proposed
restriction on Missouri was unconstitutional, and dangerous to the Union,
and that it would be unjust to exclude slavery after the Federal Govern-
ment had allowed it to go into Missouri, and had sold lands there to slave-
holders who bought in the belief that Missouri was to be a slave State.
But General King also recommended Holmes to make no use of the argu-
ment which had been so effective with many Democrats, that the restric-
tion movement was really a Federalist one. Many Federalists, he said,
were willing to justify Holmes and exert themselves in his behalf, but if
he attacked the opposition to the admission of Missouri as a political plot,
he would seriously offend these men.

Mr. Wingate's views were entirely different. After stating that Holmes
was well informed in regard to King's opinion that it would be unwise to
declare the movement against admitting Missouri a Federalist conspiracy,
Mr. Wingate said: "It may be so. My own opinion, however, has been
that we should gain more by uniting, in this way, the scattered forces of
the Republicans, than we should lose by an open & independent course
toward the opposition. Besides many Republicans are already committed
upon this subject, and would rejoice at finding a satisfactory apology for
abandoning their present ground — by making it a party argument of the
Federalists this apology is certainly furnished them. Most of the separa-
tion Federalists who are to be honest administration men, will not desert
us for any trifling imaginary cause. They are desirous of being viewed as
entirely a distinct party from their former associates. The others will not
suffer an opportunity to pass however tender [sic] we may treat them, of
doing us all the harm in their power. Their malignity to the Republicans
is wholly unabated. . . . Another election will see them in full opposi-

ADMISSION TO THE UNION 167

tion to the State administration — at least if it is the kind of administration
we ought to have in Maine." The letter closed with the statement that the
writer did not wish to influence Mr. Holmes in the matter of the address,
but that he might be sure that his election to the United States Senate was
safe without his conciliating the Federalists.

Holmes decided to issue an address on the lines advised by General
King. In former days they had both been Federalists, and may have
retained some sympathy with the more moderate of their former allies.
Hill also published a justification of his conduct. Holmes sent a copy of
his defense to Jefferson, who replied in an often quoted letter approving
of the compromise as a means of saving the country for the present, but
prophesying the ultimate dissolution of the Union as a result of establish-
ing "a geographical line coinciding with a marked moral principle."

About the time of the publication of the address of the four Congress-
men, letters appeared in the Argus showing a readiness to utterly disre-
gard the interests of the negroes when the welfare of the people of Maine
was affected. One correspondent said of a proposed doubling of the duty
on molasses, that the change would be more injurious to Maine than to
any State in the Union, that such a duty would prevent the distilling of
molasses, which was imported from the West Indies, into rum, and so
ruin the lumber trade, since lumber was exported to pay for the molasses.
The correspondent said that Maine Representatives had sent home full
reports on the Missouri bill, but had done little in regard to the tariff,
and asked, "Can it be that our representatives feel a deeper interest in the
southern slaves than in the prosperity of their constituents? ... It
is of little consequence to us whether the southern blacks live on one side
or the other of the Mississippi or on both, but it is of infinite importance
to us to preserve our trade with the West Indies."10

Another letter stated that the interests of New England and of the
South were not antagonistic but complementary. Their products were dif-
ferent and they exchanged them to mutual advantage. On the other
hand, the northern part of the Mississippi valley raised the same products
as did New England, and an increased supply of them would injure the
whole farming interests of that section of the country. Therefore, it was
implied, anything which retarded the development of the Northwest would
be for the advantage of Maine. Then, under the form of offering an
excuse, the correspondent dealt a final stab to those Representatives of an
agricultural State who had voted for the restriction on Missouri, "as the
gentlemen who opposed the compromise are not farmers, their apology no
doubt is, they did not understand much about that interest."11

It had been supposed that Congress and the country would have no
more trouble with Missouri, but her conduct gave rise to a second and

"W. Argus, April n, 1820.
UW. Argus, March 21, 1820.

!68 HISTORY OF MAINE

perhaps more dangerous dispute. Missouri had passed an act forbidding
the immigration of free negroes, and the anti-slavery men declared the
law unconstitutional and demanded that Missouri should be kept out of
the Union until she changed it. The Southerners replied that the provision
objected to was constitutional, cited many laws against negroes, and
strangers from other States passed by Northern Legislatures, and declared
that Missouri was now a sovereign State and had the right to do as she
pleased in the matter.

The attitude of the Maine Senators, Messrs. Chandler and Holmes,
was of special importance, for if they opposed the admission of Missouri
the South might feel that the North was using the advantage she had
won by the first Missouri compromise to escape performing her part of the
contract. Fortunately, however, both the Maine Senators spoke and voted
in favor of the admission of Missouri. General Chandler's speech was
simple and very brief, but Mr. Holmes showed a readiness to please both
sides, a subtlety and a willingness to put forth admittedly doubtful prop-
ositions, worthy of "The Duke of Summersets," and the champion of the
Portland convention's interpretation of the five-ninths clause. With great
ingenuity he argued that the provision respecting negroes in the Missouri
constitution need not mean all that it was supposed to mean. Although
he had opposed the refusal of the ballot to the negroes of Maine, saying,
"I know of no difference between the rights of the negro and the white
man — God Almighty has made none," Mr. Holmes now spoke of the low
character of the negroes and said that the proposition that the framers of
the constitution intended to permit a negro to be a member of Congress or
President was too absurd to be entertained for a moment. But he also
said that the weaknesses of character of the negroes were due to the
injustice with which they had been treated, and that it was the duty of
the States which had wrongfully laid hold upon them and had had the
benefit of their labor, to themselves bear the resulting inconveniences. Mr.
Holmes suggested that if a State could not prevent the immigration of
negroes, another State, desiring to emancipate and remove her own slaves,
might buy from the United States large tracts of the public land which
the national government still owned in the new States of the West, and
settle thousands of negroes on them. Nothing could have been more
displeasing to Indiana and Illinois, and even in Maine there were doubtless
many who sincerely pitied the negro in the South, but who would sym-
pathize with the attempt of a free State to prevent itself from being over-
run with blacks.

After a sharp struggle, Missouri was received into the Union with a
formal limitation of her power of excluding immigrants, which was of no
importance either legally or practically.

The news that admission had been secured at last, was received in
Maine with great joy, and the fifteenth of March, the birthday of the

ADMISSION TO THE UNION 169

State, was celebrated in the principal towns with festivities like those
of the Fourth of July. The Argus of March 21 said:

"Thursday last witnessed the birth of a new State, and ushered Maine
into the Union. The day was noticed, as far as we have heard from the
various towns, by every demonstration of joy and heartfelt congratulation,
becoming the occasion. In this town salutes were fired in the morning,
at noon, and at sunset, — the independent companies were under arms, and
appeared in their usual style of military excellence, — the ships in our
harbor displayed their flags — the Observatory and adjacent buildings were
brilliantly illuminated, in the evening, and the celebration closed with a
splendid ball. . . . May the day which has so auspiciously commenced
our political existence as a State, long be remembered with complacent
feelings and every annual return bring with it, by the many blessings it
may produce, additional inducement for its celebration."

But though Maine was now in the Union, with a constitution of her
own, her Governor, Treasurer and Secretary of State were mere tem-
porary officers elected by the constitutional convention to act until their suc-
cessors could be chosen in a regular manner. No time was lost in pro-
viding a permanent government. On March 14, a meeting of members of
the late constitutional convention unanimously nominated General King
for Governor, and sent a committee to request him to be a candidate. Gen-
eral King replied that the office was by no means the most desirable in
Maine, and that he could not accept it unless it were understood that he
should administer the government as he and his friends had pledged them-
selves to do during the movement for separation, that is, in a non-partisan
manner. He said that if after this statement, his friends should persist
in the nomination, he would not refuse it. As King had been planning
for years to be Governor of Maine, the coy reluctance displayed in his
reply was probably of the nolo episcopari order.

It may seem strange that he did not prefer a United States Senatorship
to the office of Governor. But he probably felt that it would be a dis-
tinguished honor to be the first Governor of the State, and he had plans
for the development of Maine, the buying of the lands reserved by Massa-
chusetts, and the bringing in of manufactures, which he could do much
more to further as Governor than as Senator. Moreover, he might well
believe that the senatorship was only postponed, and that the prestige of a
successful governorship, combined with his experience and influence as
a political leader, would enable him to enter the Senate almost at will.

Whatever King's motives, and however much some of the radical
Republicans may have disliked his insistence on welcoming the Federalists
as political brethren, the convention, even had it wished, could hardly have
retraced its steps, and the report of the committee was at once followed
by King's unanimous nomination. The election was practically uncon-
tested. A few Federalists voted for some one else, others did not vote
at all, but when the ballots were counted it was found that King had

i;o HISTORY OF MAINE

21,083 votes in a total of 22,014. A Legislature was elected at the same
time, and met at Portland on the thirty-first of May. Benjamin Ames, of
Bath, was chosen speaker, and General Chandler, president of the Senate.

Governor King in his first message paid a generous tribute to Massa-
chusetts. He said: "The political connection which has so long subsisted
between Massachusetts and Maine being dissolved, it is a source of much
satisfaction to reflect, that the measures adopted for its accomplishment,
have effected the object in the most friendly manner. A great and power-
ful Commonwealth yielding up her jurisdiction over a large portion of her
citizens and territory over whom she held an undisputed and rightful sov-
ereignty ; the citizens peaceably and quietly forming themselves into a new
and independent State, framing and adopting with unexampled harmony
and unanimity a constitution, embracing all the essential principles of
liberty and good government; these are events, which constitute a mem-
orable era in the history of our State — events for which no doubt, you
as well as our fellow-citizens in general will acknowledge with gratitude
that divine goodness, which directs and controls the concerns of men."

King said that though a large majority of the Legislature which passed
the act of separation was from Massachusetts proper and could therefore
make whatever demands they pleased, "the principles on which they acted
were so equitable and just as to receive general approbation. By this
correct and wise course of policy, the executive and legislative departments
of that government have laid the foundations of a lasting harmony between
the two States."

The Governor then made numerous recommendations in regard to the
development of the State and its industries. He laid particular stress on
the importance of a wise management of the public lands, advising the Leg-
islature to avoid the error of selling in large quantities to companies, and
to care for the preservation of the timber. He also strongly recommended
the encouragement of manufactures.

The first completed legislative action of the new State was the passage
of a resolve concerning the holding of the circuit courts of common pleas.
The first law was one for the incorporation of the Augusta Union Society,
''its estate to be used exclusively for the improvement of morals and the
diffusion of useful knowledge."

A State seal was necessary for the transaction of business and a
committee was appointed to prepare a design. The committee reported a
device for the seal and arms which they thus described in the language of
heraldry :

A Shield argent, charged with a Pine Tree, a Moose Deer at the foot
of it, recumbent.

Supporters — On dexter side an Husbandman, resting on a scythe; on
sinister side, a Seaman resting on an anchor.

In the foreground, representing land and sea, and under the Shield, the
name of the State, in large Roman Capitals, to wit: MAINE.

ADMISSION TO THE UNION 171

The whole surmounted by a Crest — the North Star.
Motto — In a label interposed between the Shield and Crest, in small
Roman Capitals, viz: DIRIGO.

Then followed a description of a moose and a mast pine. Next came
an explanation of the emblems:

Crest— As in the Arms of the United States a cluster iof stars
represents the States, composing the Nation, the North Star may be par-
ticularly applicable to the most northern member of the confederacy, or as
indicating the local situation of the most northern State in the Union.

Motto — Dirigo (I guide, or I direct). As the Polar Star has been
considered the mariner's guide and director in conducting the ship over
the pathless ocean to the desired haven, and as the center of magnetic
attraction, as it has been figuratively used to denote the point, to which all
affections turn, and as it is here 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 ever green foliage, and whose beauty is exceeded only by its
usefulness, while it represents the State, will excite the constant prayer of
its citizens, semper zriridis.

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 unsettled lands, which future
years may see the abodes of successive generations of men whose spirit of
independence shall be as untamed as this emblem, and whose liberty shall
be unrestricted as the range of the Moose Deer.

The Supporters of the Shield, a Husbandman with a scythe repre-
sents Agriculture generally, and more particularly that of a grazing coun-
try, while a Seaman resting on an anchor represents Commerce and Fish-
eries; and both indicate, that the State is supported by these primary
vocations of its inhabitants.

The Argus said:

"We understand this report is from the pen of Colonel I. G. Reed.
It has been well received, and is not only creditable to him but to the
State also.

"As the historian may feel inclined to record it, we observe that two
series of brilliant northern lights ushered in the birth of our new State;
one occuring while the constitution was forming; and the other while we
were making our first elections under it. Had not mechanical objections
presented themselves, this circumstance (as being one of good augury)
might possibly have found a notice in the armorial bearings of the Stat-*,
under the shape of an electric bow with rays issuing from it ; accompanied
with a motto from Paul's discourse to Agrippa: 'I saw in the way a light.'
This emblem of the aurora borealis, like that of the polar star, was indic-
ative of our northern position ; and the two emblems together might have
formed, what is not unprecedented, a double crest, being in truth a fa:
simile (or exact likeness) of what occurs in nature, the star being always
uppermost when both appear together ; and being accordingly so placed in
a drawing for the whole of the proposed arms sketched out for the use of
the committee. The other part of the proposed arms being all adopted, the

172

HISTORY OF MAINE

motto Dirigo was made to take the place of the bow, as the bow was
rejected; and a new drawing was executed on the occasion, suited to the
wishes of the committee. The chief difficulty arising from this arrange-
ment has been, that the rules of heraldry are violated by it ; for the motto
now separates the crest from the shield and its supporters, whereas the
motto should have been either below or above the whole."

Notwithstanding the false heraldry, the Legislature accepted the design
without change. The motto met with some criticism outside the State. It
was said that Maine showed little modesty in claiming to lead the older
States. The Argus, however, proved from the report of the committee just
quoted that the motto did not mean that Maine was guiding the other
States, but that she was guiding and claiming the devotion of her own
citizens. Such is not, however, the interpretation which a view of the
seal suggests and probably the great majority of those who think about
the matter at all believe that Maine is claiming a primacy.

The execution as well as the conception of the seal was also liable
to criticism. Mr. Williamson says in his History, "Owing to the hasty call
for a metallic stamp, through a necessity of immediately using it, no part
of it was very ingeniously wrought . . . ; and hence people of taste
and judgment have not been altogether pleased with the devices or emblems."

Chapter VIII
MAINE'S FIRST DECADE

CHAPTER VIII
MAINE'S FIRST DECADE

The election for Governor in April, 1820, had only been for the
remainder of the year, but Governor King accepted a renomination from
the Democratic members of the Legislature, and was elected without serious
opposition. His message for 1821 dealt largely with recommendations con-
cerning State institutions, which will be noticed in a later chapter. He
again announced his intention of pursuing a liberal policy in appointments,
using language which seems to anticipate the days of civil service reform.1
He said: "The people of Maine have had too much reason to deplore the
violence of a party administration which for a series of years selected all
its officers from a minority. This mode of disposing of the public employ-
ments exclusively with a view to party, has fortunately at the present day
but few advocates. Nor have I thought it would be consistent with the
harmony that so happily prevails, or just in itself to confine the selection
exclusively to those of a more particular sect or party. I ask, therefore, a
continuance of the candor and liberality of my fellow-citizens while engaged
in correcting these errors — a task which I assure them shall not be entailed
upon my successor."

It seemed that Maine might look forward to a period of political tran-
quility, but in the spring of 1821 Governor King resigned. In a letter to
the committee which had asked him to accept the nomination for Governor
he announced his intention of withdrawing from that office to become one
of the commissioners for settling the claims of American ship owners and
merchants against Spain, which the United States had agreed to pay, up to
the amount of $5,000,000, in return for the cession of Florida. Governor
King stated in his letter that were he actuated by selfish reasons he would
decline the commissionership, "but unfortunate claimants in this part of
the country ask me in the most feeling manner to accept. They fear if I
decline another person may not be accepted from this State." Such senti-
ments were highly creditable but a politician does not usually resign office
from purely altruistic motives and King's conduct has been likened to that
of a child who throws away a toy which he had craved.

There were, however, honorable reasons for King's disgust with the
governorship, if disgust he felt. Two of his most cherished and statesman-
like plans had failed. He was most anxious that the State should control
all the public lands within her boundaries and he had induced the Legis-
lature to appoint a commission to negotiate with one appointed by Massa-
chusetts for the purchase of her share of the wild lands in Maine, but
though the commissioners came to an agreement the Legislatures of both
States refused to ratify their action.

'One remembers, however, King's hopes for a new party which might perhaps
elect Rufus King, President.

176 HISTORY OF MAINE

Governor King also wished to encourage manufactures by taxing
factories for a certain period at a merely nominal rate. But the Democratic
farmers who composed the majority of the Legislature had no love for
manufacturers, they dreaded and hated monopolists, and the Governor, with
all his influence, was unable to obtain the legislation he desired.

It was said, too, that he wished to be in Washington in order to take
part in the next contest for the Presidency and that, doubtless with the
expectation of suitable acknowledgments, he hoped to bring Maine to the
support of that stalwart old Republican, William H. Crawford, of Georgia,
then Secretary of the Treasury. Whatever his motives, King's correspond-
ence shows that he was dissatisfied with the Governorship. His friends
wrote him concerning the prospect of his appointment as commissioner,
in the tone that they would naturally use toward a candidate. Senator
Chandler told him that he could not be expected to make too great sacri-
fices for the public peace (that is, to preserve political harmony, by remain-
ing Governor when he might be commissioner), but that he hoped that if
the treaty with Spain failed of ratification, not a word would be lisped that
King would not be a candidate for re-election.

Congressman Hill wrote of the influence he had brought to bear in
King's favor and of interviews with the President. In one of his letters
he repeats an interesting statement of Mr. Monroe concerning that most
scrupulous of politicians, John Quincy Adams. He tells King that the
President said that "his present impression was favorable to you," but
""that as Mr. Adams came from the North, and has always modestly
refrained on all occasions to recommend individuals or intimate his opin-
ions without being asked," the President felt that it would be courteous
to ask the opinion of the Secretary of State, and wished Mr. Hill and his
friends to prepare the way. Mr. Hill added that he did not think that the
President was wavering, but that he desired to consult Adams as a matter
of policy.

Whatever were King's reasons for his action, he promptly carried out
his announced intention of resigning. The letter to the committee was
written on May 27, and on the 28th he formally resigned the Governorship,
which by the constitution devolved upon the President of the Senate,
William D. Williamson, of Bangor. Mr. Williamson was at once sworn in,
taking the oath of office in the Senate chamber, "in the presence of the
Council and of a large number of citizens who had come from all parts of
the State to witness the ceremony."

William D. Williamson was born in Canterbury, Connecticut, July 31,
1779. He graduated from Bowdoin in 1804, then studied law, was admitted
to the bar and removed to Bangor, Maine. "Mr. Williamson commenced
the active pursuits of life under unusual advantages: he was older and had
had more experience than young men generally when entering on their
profession ; he had great activity of mind, an ardent, sanguine temperament,

MAINE'S FIRST DECADE 177

and a persevering industry; qualities like these rarely fail of success, and
we find in this case no exception to the rule; his prosperity was uninter-
rupted. He devoted himself to politics as well as law. From 1811 to 1816
he was county attorney of Hancock, which then included Penobscot ; he then
served in the Senate of Massachusetts until the separation, when he became
President of the Maine Senate, acting Governor, and Representative to Con-
gress. He served but a single term in the latter office, the county of Somer-
set claiming and receiving the right to furnish the member for the next
two years. Mr. Williamson was, however, appointed Judge of Probate for
Penobscot in 1824 and served with promptness, fidelity and ability until
1840. Mr. Williamson finished his useful and varied life on the 27th of
May, 1846." Mr. Willis, who is inclined to disapprove of lawyers leaving
their own vocation to engage in politics, says:

"If any one could be gratified by success in politics, surely Mr. William-
son should be that man. He entered into office almost at the commencement
of his professional career, and continued in possession of one or another,
during the whole meridian of his life. It may have satisfied the ambition
of the time, but we doubt whether it produced the happiness, — we know
that it did not the fame, — which attended the steady and quiet pursuit of all
his leisure hours. His 'History of Maine' was the great labor of his life;
to this the best powers of his mind were given ; and on this he labored witii
an earnestness and ardor which gave joy to his heart and light to his under-
standing. Wherever he went, upon whatever subject he was engaged, h;s
eye and his pen were intent upon his great work. He was indefatigable in
his labors, and explored all sources of knowledge which would be likely to
inform or illuminate his page. He collected a vast mass of materials, and
rescued from oblivion treasures, which, had it not been for his exertions
and industry, would have passed out of human observation and memory."1

Like Governor King, however, Acting Governor Williamson did not
serve out his term. He says in his "History" : "It may be worthy of remark,
that during the primary political year, a period of seventeen months, all
the constitutional provisions for filling the Executive chair were called for
and improved. In about a year Governor King left the office to Mr.
Williamson, the President of the Senate, who being elected six months after-
wards a member of Congress, surrendered the trust to Mr. Ames, Speaker
of the House. The President of the Senate, in the next legislature, was
Mr. Rose, who assumed the executive chair a day,' till Governor Parris
was inducted into office by taking the requisite oaths."

The resignation of Governor King left the Republicans in a serious
difficulty both in regard to the manner of selecting their candidate for the
next year, and as to who that candidate should be. General King had been
nominated by the Republican members of the Legislature. But now the
Legislature was not in session, and the Argus fearing, perhaps, a violent

"Willis, "Law, Courts and Lawyers of Maine," 517-521.

'The list of governors and acting governors in the "Maine Register," which may
be considered official, does not contain the name of Mr. Rose.

ME.— 12

178 HISTORY OF MAINE

contest and a fatal division in the party, threw its influence against calling
a State convention. The editor said that as far as he was able to learn,
public opinion was not in favor of such action, that summer was an incon-
venient time for the fanners to leave their fields, and that sections which
were partly or wholly unrepresented might not be willing to support the
nominee. The Argus thought that this objection would not apply to county
conventions, and that though there might be danger to the party from the
lack of unanimity which they would doubtless show, yet this disadvantage
would be counterbalanced by the fullness of the expression of the popular
voice and the importance of obtaining an interchange of views.

King had been nominated unanimously but now three candidates were
put forward, Senator Chandler, Judge Parris and Joshua Wingate, Jr. On
June 12 the Argus stated that it had heard the names of General Chandler
and Judge Parris more frequently mentioned than those of any other per-
sons; that both of these gentlemen were well known, filled high stations
worthily, had been unwavering Republicans in critical times, had taken a
leading part in the movement for separation and in the constitutional con-
vention, and approved the conciliatory policy of Governor King. General
Chandler soon announced that he would not be a candidate, and the Argus
came out in support of Parris. No State convention was called, but conven-
tions were held in most of the counties and declared for Parris. Wingate,
however, charged that these conventions were packed, and refused to with-
draw. Parris may be said to have been the "regular" candidate of the
Republicans, and he had the support of the "bosses" then in chief author-
ity— Chandler, Holmes, King, Preble and Ware. Wingate led a more
heterogeneous force. It was made up of "old Dons" and their friends,
many Federalists, and Republican near-Federalists, some unbending Repub-
licans who could not forget that Parris had once been a Federalist, and a
number of the wealthiest men of the State.

The Argus said: "It is neither a Republican nor a Federal, but a
purely monied junto; a combination of wealthy men who have heretofore
been diametrically opposed in their political principles but on this occasion
have united their strength to dictate to the State." In another issue the
Argus declared that Wingate had become rich by office holding, and ex-
pressed a doubt if the habits of the custom house were very consistent
"with the prudence, economy and frugality of a new and agricultural State."
The Argus pointed out that Wingate was a son-in-law of Henry Dearborn,
Secretary of War under Jefferson and controller of the national appoint-
ments in Maine, that he himself had been collector of customs at Bath, that
he succeeded another son-in-law of Dearborn, and finally resigned in favor
of his own brother. "But," said the Argus, "a family aristocracy is not
more dangerous than a monied aristocracy. It is much to be feared that
there is a combination of overgrown capitalists in Portland who intend to
rule the State. Let the bloated sons of speculation unite; let the revenue

MAINE'S FIRST DECADE 179

officers with the government's funds in their hands join the league. Let the
influence of wealth be added to that of family. Let old presses be bought
and new ones established, and your State become a mere nose of wax to the
capital." (Argus, August 7, 1821.)

It was claimed that Wingate's course was due to anger because Gov-
ernor King had not appointed two of his family connections sheriffs of
Kennebec and Penobscot counties. Attempts were made to appeal to the
class feelings of the country voters. A correspondent of the Argus, describ-
ing the Parris victory at the Alfred convention, wrote, "Old York was not
to be intimidated by the insolence of a purse-proud junto, nor humbled
before the domineering pride of a mushroom aristocracy."

The Wingatonians also waged a bitter personal campaign. An attempt
was made to frighten Parris by sending him an anonymous letter warning
him that his cause was hopeless and that if he ran he would certainly suffer
a humiliating defeat. Abuse was poured upon him and even his private
character was attacked. The fact that Parris had been a Federalist was not
forgotten and it probably lost him some votes. It was urged that there was
no reason for dragging him from the bench as if he were the only man fit
to be Governor and an attempt was made to excite prejudice against him
as a lawyer and an office-holder.

The support of the Argus, the only Republican newspaper with much
circulation outside the district where it was published, gave Parris a great
advantage. Two leading Portland men who were friends of Wingate de-
manded a share in the management of the Argus, and, on being refused,
established a paper of their own, the Independent Statesman.

The heated contest for the Governorship came to an end in September,
and Parris was elected by the small majority of only 1,501 ; he received
12,887 votes, Wingate 3,879, Whitman (Federalist) 6,811, and there were
811 scattering.

Before the Governor-elect could enter upon his new office, he was beset
with demands that he would consent to run again in the following year. The
Republican leaders were very anxious, now that the Federalist party had
practically ceased to exist, that the mass of the people of the State should
remain Republicans, and they were especially desirous that the Wingate
faction should not develop into a new party, and perhaps a victorious one
that would deprive them of power and offices. They believed that Parris
was the man to prevent this, and determined to give him a legislative renom-
ination if he would accept it. But Parris was not by nature a fighter, he
could not summon courage to face the assaults and abuse of another cam-
paign, and he feared that, should he consent to run again, the Wingate men
would oppose his plans and wreck his administration. Accordingly he told
his friends that there were others better able to bear the attacks of the
enemy than he, that he would do all in his power to assist the man whom
they might nominate, and that he would be more useful in this way than if
he headed the party, but that he could not be a candidate again.

i8o HISTORY OF MAINE

The situation is described in an interesting and very frank letter written
to Senator Holmes by Dr. Ayer. The doctor was a busy and doubtless a
useful politician, but he was also a nervous one, easily alarmed and prone
to exaggerate dangers. These qualities affect the reliability of his account
of political conditions, but his letters are valuable nevertheless. In a letter
to Holmes of the 23d of December, he says :

"/ believe the die is cast. Our friend Parris has at last fully deter-
mined not to accept the office of Governor. He has not half the political
courage I thought he had. He dreads the attacks of the Junto, and fears
their influence should he put himself in their power. Could he have seen
their influence broken at W., as it certainly is gone here, or a determined
effort on the part of his friends to break them down, I believe he would
have come to a different conclusion. He cannot brace up his mind for
another electioneering campaign to suffer from their abuse as he has done
the last — and especially while they are apparently to be left in full power
of their U. S. offices & influence, which give them so much means of injury
as they now possess. He says there are others, who can contend against
them and are better able to bear their attacks, than he is, and he is willing
to aid all in his power as a supporter of others, and do what he cannot do
as a candidate.

"I beg you will treat him tenderly. He is too valuable to lose. We
must overlook this one poltiical fault as well as we can. What I most fear
is, that some may feel so much hurt by this course of conduct, as to be
induced to shew some little resentment, and thereby drive him off. But
this will not do. The personal friendship and attachment for him, as well
as political, are such, as to carry with him a larger share of the people, than
any party here can spare and still retain a majority.

"You must now put your heads together at Washington and say who
shall be the next candidate. Arrange it among yourselves and we here will
follow. There is no time to be lost. The Legislature meet next week, and as
the session is to be a short one, they must soon agree upon a candidate, and
we ought to know beforehand whom to prepare their minds' for agreeing
upon. It must be you or Chandler. The former I should prefer, and
though it would occasion a hotter election, the success would certainly be
more triumphant. We can run you all hollow. You would find some folk,^
take hold with effect in that case, that were rather still last time. The real
old Republican stuff would once more be aroused, such as has not been
seen this many a day. We should be able to get along with C. (Chandler)
if we cannot do better. But Hill must not be thought of. In the first place
we cannot elect him ; 2nd, we won't elect him ; 3rd, he is good for nothing
after he is elected. There can be no dependence on him. He would be as
likely to be against you as for you."

Six days later Dr. Ayer wrote again, in joyful, triumphant haste:
"We have laid regular siege to the Judge, and then carried him by storm.
The attack was irresistible and he has surrendered at discretion." Many
friends from various parts of the State, as well as those in Portland, had
pressed Parris with such arguments that he at last gave way.

When the Legislature met, the nomination of Parris was made as

'Italics in original.

MAINE'S FIRST DECADE 181

planned. On February 19 a legislative caucus was held to which all mem-
bers calling themselves Republicans were invited. A few of them refused
to attend a party caucus, claiming that the invitation should have been
extended to Federalists also. A hundred members were present and Parris
was nominated. No candidate appeared against him, but seventeen men
refrained from voting. In the following summer, county conventions in
York, Cumberland, Kennebec and Somerset endorsed the nomination.

On the 27th of August the Argus announced, "It affords us great pleas-
ure to be able to state that there will be great harmony in the coming
election." A leading principle of the Argus, which it has constantly pro-
claimed, is support of regular nominations, but now it strove to heal the
breach in the party by urging the Republicans to welcome back the brothers
who had wandered, and give them their share of the offices. "A great
party," it said, "cannot avoid differences, but in these cases a difference
of opinion is not a difference of principle, and it would be as unjust as
impolitic to proscribe a friend who had on all occasions been found faith-
ful, because in the holiday of peace and security, he is seen in a single
instance differing from us, not on cardinal points, but on points compara-
tively unimportant."

Parris had no open competitor. The "Independent Statesman," the
paper established in Portland by the Wingatonians, nominated Wingate, and
then announced that it was authorized to say that he declined, but added
a statement which seemed to mean, "vote for him, and we assure you that
your votes will not be disregarded." It was uncertain whether or not Whit-
man, the candidate of the Federalists the year before, should be considered
a candidate. Under such circumstances Parris's election could hardly be
doubtful, and when the ballots were counted it was found that he had
15,476 votes to 5,795 for Whitman, 755 for Wingate, and 154 scattering.
This sweeping victory and Parris's popularity prevented further opposition.
Many of the States where one party was dominant, chose the same Governor
year after year. Maine now followed their example, and in 1823, 1824 and
1825 Parris was re-elected, almost unanimously.

But although there was no contest for the Governorship, Maine was
not free from political strife, for a new President was to be chosen in 1824,
and the subject began to be earnestly discussed several years before the
election. There were five leading candidates — John Quincy Adams, of Mas-
sachusetts, Secretary of State; William H. Crawford, of Georgia, Secretary
of the Treasury; John C. Calhoun, of South Carolina, Secretary of War;
Henry Clay, of Kentucky; and General Andrew Jackson, of Tennessee.
Only two of these gentlemen, however, had any real chance of winning the
support of Maine, — Adams and Crawford.

The fact that Adams was a New Englander made a powerful appeal
to local feeling ; his desire for a strong and active national government won
him sympathy among Federalists ; and the strict decorum of his private life

182 HISTORY OF MAINE

gave him a great advantage with church members over the boisterous Craw-
ford, who had fought a duel with a political opponent. Crawford was a
strong, able man, a shrewd politician, and an opponent of Monroe's concil-
iatory policy toward the Federalists. In Maine, the ruling junto favored
him, but were a little afraid to admit it publicly. King appears to have
early resolved to support Crawford. On January 27, 1819, a Maine politi-
cian wrote him: "I am perfectly well persuaded that you have adopted
just views in regard to the next President (next, that is, after Monroe
should retire). He is a good man and true, and you with him will be the
leading man in the East. Quincy (Adams) was cut out by nature for a
clergyman, but got accidentally slanted into a politician. There is no com-
munion with such a man."

The Argus in its issue of January 25, 1822, said that the discussion
of the presidential question was premature, that its feeling toward Adams
was far from unfriendly, but that the attempt to forestall public opinion
in his favor was improper, and that it believed that the mongrel union of
certain bargaining individuals of the Federalist stamp in Maine and Boston
was not calculated to gain friends for Adams among the Republicans of
Maine. Reports were circulated that Parris was working for Crawford,
and in accepting his second nomination the Governor deemed it wise to say
that he had not expressed himself in favor of any candidate for the Presi-
dency, and that he was determined not to be involved in the contest.

On April 10, Chandler wrote to King, "I like the course which you
have marked out in relation to the presidency. Great caution will be neces-
sary. The Sword (Jackson) is undoubtedly losing ground. No chance can
give him the game. The pen (Adams) you know has not had ground
whereon to stand. The plain, frank, straightgoing man (Crawford, a rather
surprising characterization), is gaining ground and will I have no doubt
succeed, if a prudent course is pursued."

In October the Argus took its position somewhat more clearly, quoting
a letter from another paper which plainly intimated that notwithstanding
Adams' great abilities, his former Federalism made him an unsuitable man
for President.

There was a serious difference of opinion concerning the method of
nomination. Jefferson, Madison, and Monroe had been nominated by a
Congressional caucus of the Republican Senators and Representatives, but
this way of selecting the candidate had become extremely unpopular, espe-
cially as the nominee of the Republicans, if they were united, was sure
of election. It was felt that the politicians in Congress had deprived the
people of their rights, and there was danger of the President becoming the
tool and creature of the Legislature, contrary to the clear intention of the
Constitution. It was known that Crawford had more supporters in Con-
gress than any of the other candidates, and therefore the friends of these
gentlemen opposed a caucus nomination with great vigor.

MAINE'S FIRST DECADE 183

The Crawfordites naturally favored the old method. In Maine they
urged that the choice be left to "the representatives of the nation," in order
to prevent a nomination of Adams by the State Legislature. It was argued
with much force that if the nomination were left to local conventions and
Legislatures, the party would be divided among various candidates and none
could obtain a majority of the electoral votes. The influence of Congress
on the election could not be eliminated ; the only choice was between a
nomination by the caucus and an election by the House, with all its temp-
tation to intrigue, bargain and corruption. The House when choosing a
President votes by States, each State having one vote, and the will of the
people could easily be defeated with the vote of Delaware balancing that
of New York. It was argued that if the smaller States should force a
President on the larger, he would be faced by so strong an opposition that
his administration could not be useful to the country. Adams' friends
were urged not to oppose the caucus, since he might be nominated by it,
but could not, it was asserted, be elected by the House when voting by
States.

On January 21, 1822, a large majority of the members of the Maine
Legislature held a meeting and declared that there having been reports that
the people of the State favored Crawford, and it being proper to correct
any false impressions on that subject, they resolved "That this Convention
do entertain the highest respect for the distinguished talents and public
services of the Hon. John Quincy Adams, and do fully believe that no man
possesses better qualifications for the important office of President of the
United States; but as the election of President will not take place for a
considerable time to come, the Convention do not deem it expedient to make
a formal nomination, of any person, as a candidate for that station."

The passage of this resolution was a victory for the Crawfordites, for
though Adams was singled out for special praise, he was not nominated, nor
did the Legislature even declare his claims superior to those of all other
candidates. This failure of Maine to specifically endorse Mr. Adams must
have encouraged his opponents, since it could be represented as proof that
New England was not united in his support. With the next Legislature his
friends were more successful. On the morning of January 16, 1823, a notice
was posted calling a meeting for that evening. The gathering was far from
harmonious, and not always orderly. An attempt was made to adjourn till
Monday, and Speaker Ames, an Adams leader, had a sharp controversy with
Robert G. Dunlap, afterward Governor, over the true criterion of Republi-
canism. Another future Governor, Hugh J. Anderson, moved that the names
of those who were invited to attend be called over. He perhaps wished to
show that Federalist wolves had been thrust into the Republican fold. It
was objected, however, that this would create a breach that it would take
long to heal, and the motion was defeated.

The Adams men, as soon as the meeting was organized, had presented

184 HISTORY OF MAINE

resolutions declaring "that the splendid talents and incorruptible integrity
of JOHN QUINCY ADAMS, his Republican habits and principles, distinguished
public services, and extensive knowledge of and devoted attachment to the
vital interests of the country, justly entitle him to the first honor in the gift
of an enlightened and grateful people." The resolutions recommended him
to the people of Maine and of other States "as first in qualifications in the
list of candidates."

Various amendments were moved ; one offered by General Chandler
declared that the members of the Legislature regretted the distracted state
of the party, that local prejudices and attachments should be made to yield
to the will of the majority, that they highly esteemed Mr. Adams and be-
lieved him eminently qualified for the Presidency, but that notwithstanding
any prediction they would cheerfully yield to the voice of the major part
of the nation, "and support that candidate upon whom that voice shall most
distinctly fall." The amendment was defeated, and the original resolution
was carried by a vote of 77 to 37.

Though the Crawfordites of Maine exhorted all to obey the voice of
the nation, that is, of the Congressional caucus, they were by no means
ready to abide by the decision of a caucus of their own Legislature. The
Argus claimed that forty-five Federalists voted in it, and that many members
who had favored Adams, when they saw who were leading the meeting,
experienced a change of heart and did not vote.

On February 14, the Congressional caucus met. The opponents of
Crawford, fearing that they would be outvoted but would be bound to
support the nominee if they attended, stayed away. Crawford received 64
out of 68 votes cast; Albert Gallatin received 57 votes for Vice-President.
Several gentlemen received one vote each for this office, and among them
was William King, of Maine.

The caucus then issued an address to the people, which was drafted
by John Holmes and revised by Martin Van Buren. It was very Republican
in tone, and expressed a fear of "the entire dismemberment of the party to
which it is our pride to be attached." King was much displeased with the
address. He told his nephews in confidence that it was "against the opinions
and wishes of a great majority of Crawford's best friends and supporters
in and out of the caucus, and misrepresented the sentiments of the man that
it was put forth to serve; that it placed him (King) in a most unpleasant
predicament at home, where his administration had known no distinction in
politics, and where he had uniformly, and not without authority, asserted,
that Mr. Crawford's course in conducting the affairs of the government
would be tolerant of all sects and parties ; that the principles contained in
the address could be explained, it was true, but that the necessity of resort-
ing to this humiliating office might well have been spared, seeing that New
York and Pennsylvania alone could respond to the doctrine of party con-
tained in it.""

°J. A. King to R. King, March 5, 1824, King, King VI; 553.

MAINE'S FIRST DECADE 185

The call now went our for all true Republicans to rally. Some how-
ever, thought that Crawford had been keeping bad company politically and
should purge himself before receiving the support of the "Old Guard." Sen-
ator Holmes wrote to Samuel E. Herrick urging him to support Crawford.
Herrick replied: "I heartily agree with you in saying 'the old Republicans
feel the necessity of a reunion of the party. If the Republicans break on
this election their party is destroyed.' I will add, if it is not already de-
stroyed. Mr. Monroe in his administration has certainly done much toward
effecting its destruction, and will Mr. Crawford in this respect do any
better? Will he administer its government on Democratic principles? and
call only to his aid in doing so Democratic men?" Mr. Herrick added thai-
he had favored Clay (the future leader of the Whig party!) because Clay
was unconnected with the administration, that he had called a public meet-
ing, that Crawford having been nominated by the Democratic caucus must
now rely on Democratic men, and he asked Holmes to show his letter to
Crawford and report what the latter said, unless he might have time to him-
self write Herrick a line.

A little later B. Johnson, of Belfast, wrote Holmes that the situation
in Maine was far from hopeless, and suggested some devices that might be
useful. He said: "A great many, perhaps a majority in this by some
information conveyed to them without creating jealousy (that is, suspicion
of the reason of giving the 'information'), would join the friends of Craw-
ford. As to the means, your inventive genius needs no instruction ; I will
presume to give a hint which I really think would be of much use. If you
and General Chandler were to frequently send a line to some influential
friend, also papers even, they will frequently instill a prepossession. Elders
among the Baptists have great influence among their hearers and are pleased
with being noticed. A piece well written and published in the Argus by
way of question and answer might do well. A farmer inquiring of another
why the friends of Adams did not attend the national caucus, as their
numbers would have put down all opposition, &c.,' both to be pretended
friends of A — . An answer might be given confidentially that where A and
C are personally known it would not do, that the people will do best for A,
who [do not?] know him, and that is all the way to succeed.* Alfred
Johnson wrote to King that Crawford had warm friends, and that others
were disposed to acquiesce in the decision of the caucus, though disap-
pointed by the result. But Mr. Johnson admitted that a great majority were
opposed to Crawford because he was by birth a Virginian, and his election
would perpetuate the "dynasty."

Notwithstanding his disapproval of the address, King as well as Holmes

*An outrageous lie.

*In the same letter he said, "Our sheriff, Mr. Jarvis, told me last summer that
it would take but a short time by personal acquaintance to discover the great supe-
riority of Mr. Crawford over Mr. Adams as a man for active business, ease of
manners and fitness for any or the highest office." »

1 86 HISTORY OF MAINE

was active in behalf of Crawford. A letter among King's papers from John
Ruggles, of Thomaston, later speaker of the Maine House and United
States Senator, shows that King had asked if a Crawford newspaper could
not be started at Thomaston. Ruggles replied that papers, except the Port-
land papers, were little read outside the locality where they were published ;
that he was satisfied that had the friends of Crawford openly opposed
Adams the year before some impression could have been made, but that
now it was too late. Even could the Federalist leaders and the Gazette
be induced to support Crawford, as King, the champion of the concilia-
tion policy, perhaps hoped, Ruggles did not believe that the rank and
file of their party would follow them. Ruggles said that he could only
judge public opinion by that prevalent east of the Kennebec, and spe-
cially in the part of Lincoln county where he lived, but in that quarter
there was a strong feeling against Crawford. 'The word duel goes a
great way with many whose votes will count in the ballot boxes, whatever
their opinion otherwise may be worth. Even should one or two electoral
rotes be won (Maine then chose electors by districts) they would not be
of much use, since the election would certainly go to the House, and the
fight to win them might ruin the Republican party. It cannot be disguised
that the Wingatites have mounted a pretty formidable hobby, and they cal-
culate upon taking the Federalists up behind them." Ruggles, like most
men, had no fancy for useless martydom, and he asked the pertinent ques-
tion, "If we cannot reign at Washington, should we therefore consent to
serve at Portland?"

Although the people of Maine were manifestly in favor of the New
England candidate, the Argus fought Crawford's battle valiantly. It de-
clared that he was nominated according to usage, that the result would have
been the same had there been a full instead of a small caucus, that by
declining to oppose Monroe in 1816 he had given peace and prosperity
to the country,' that his character had brightened under attack (this referred
to Crawford's successful reply to the charges made by Ninian Edwards in
the once famous A. B. letters), and that the real cause of the assaults
upon him was his economy and prevention of abuses. His duel was ex-
plained in as favorable a way as possible.

It was argued that Crawford was born a man of the people, but that
Adams was not. It was alleged that Adams had said that the only way to
defeat the Democratic party was to join it, encourage its ridiculous ideas,
and then form a government better suited to the genius and disposition of
the country. Adams was accused, with some reason, of being deficient in
courtesy and sound judgment, and was also charged with a fondness for
the emoluments of office. It was asserted that the Wingatite custom-house

'Crawford, however, received 54 votes in the Congressional caucus to Monroe'g
'65. Mr. Stanwood says in his "History of the Presidency," "Crawford himself pro-
fessed afterward to have withdrawn from the contest before the caucus ; but his
•friends seem not to have been aware of the fact when they voted."

MAINE'S FIRST DECADE 187

clan had early started a campaign of intimidation, that if Adams were
elected, every friend of the Governor would be removed from office and
Maine be delivered into the hands of the Wingate family.

Adams' supporters had much to say of his literary accomplishments
and diplomatic ability. They also appealed with great effect to local pride
in Adams as a New Englander. To the praise of Adams as a writer, a
correspondent of the Argus' replied: "He wields his pen with ability only
when disposed to be malevolent. . . . All else is turgid, tedious, vapid,
insipid or obscure."

The battle was clearly going against Crawford, and in Kennebec an
attempt was made to win by feigning apathy. An effort was also made to
obtain Baptist support through the influence of King, who had been of
great assistance in the founding of Waterville (now Colby) College. Ed-
ward T. Bridge, of Augusta, wrote him that it would appear as if the elec-
tion was to go by default, but that such was not the case. When the Su-
preme Court sat in the town, a few of the friends of Crawford had held
a meeting and decided to remain quiet and let the excitement subside, but
just before election to put forth their utmost strength. They had nom-
inated as elector a very popular man named Dillingham, and Bridge told
King, "it would be interesting to us to have the Baptist influence in our
favor, and should you think it prudent to address a confidential letter to
Prest. Chaplin (of Waterville), or Prof. Briggs, on the subject, it would
probably have a good effect on the election. Their personal feeling, I have
no doubt, would induce them to support Dillingham, and could they think
their interest would coincide with their feelings, I believe they would not
hesitate in lending their assistance."

When election day came, all the Crawford arguments and tricks proved
futile ; every Maine elector was for Adams. In the country at large, as was
expected, no candidate received an absolute majority of the electoral votes
and the selection therefore devolved on the House. The Constitution lim-
ited its choice to the three candidates who had received the highest number
of electoral votes. These were Jackson, Adams and Crawford. Clay, who
stood next on the list, threw his influence in favor of Adams and he was
elected.

There had been much effort to secure Clay's support, and George
Kremer, an honest but by no means brilliant Representative from Pennsyl-
vania, had publicly accused the friends of Clay of offering to vote for
Jackson if he would appoint Clay Secretary of State and of transferring
their support to Adams because Jackson refused. When called on for proof,
Kremer discovered conscientious scruples of a legal nature, and declined to
appear before a committee of investigation and substantiate his charges.
Adams, regardless of the suspicion which his act might raise, after the elec-
tion offered Clay the post of Secretary of State and Clay accepted it. There

"Probably John Holmes.

1 88 HISTORY OF MAINE

had been no agreement between them, but Clay's men had sounded Adams
concerning his feelings toward the West and toward Clay, and had received
a friendly reply. Adams believed that an office holder should be reappointed
on the expiration of his term unless the reasons to the contrary were so
strong that they would justify removal, and though he had most severely
criticised Crawford in his diary, and Crawford was now disabled by a para-
lytic shock, the President-elect courteously requested the Secretary of the
Treasury to continue in office. Mr. Crawford declined, but the tender
helped for a while to conciliate his supporters, as did the appointment of
one of their number, James Barbour of Virginia, as Secretary of War.
The Crawford men in minor offices, too, found their positions perfectly
secure.

Such moderation could not fail to produce at least a temporary effect.
In Maine the opponents of Adams ceased to attack him and, indeed, declared
their willingness to support the President if he went on as he had begun.
On August 30 the Argus said that the opposition to Adams had been due to
fear that he would put himself in the hands of the Dearbornites, and that
the latter tried to keep alive the idea that there was a party in Maine op-
posed to him. "There is no such party," said the Argus, "and while Mr.
Adams' administration is marked with that dignity, moderation and wis-
dom, which have characterized its beginning, there will be none, unless it
breaks forth in the surges of family pride and of official aristocracy." Those
who feared before, were more than satisfied, said the editor; for himself,
he would be the last person to forget Adams's support of the government
during the late war.'

Before his election, Adams had told inquiring Federalists that he would
show that he did not regard members of their party as necessarily unfit to
serve the country, by appointing a Federalist to high office. He kept his
pledge by sending Rufus King as Minister to England. The Kennebec
Journal said of the choice that perhaps no man was better fitted for the
position. Not only was he an able diplomat, long a resident at the British
court, but he was also a native of Maine, and therefore more likely to have
a perfect knowledge of her territorial limits and of the merits of the bound-
ary question.

The Journal also approved the nomination for reasons affecting the
country as a whole. "This appointment," it said, "besides continuing in
public service a man whose ability and integrity have never been questioned,
even amidst the bitterest contentions and revilings of parties, cannot fail to
harmonize the American people and give an earnest of Mr. Adams' devotion
to the principles laid down in his inaugural address.""

Unfortunately, King was in such feeble health that he would have
hardly dared to cross the Atlantic had not his son been appointed secretary

'Argus, August 30, 1825.
"Kennebec Journal, April 23, 1825.

MAINE'S FIRST DECADE 189

of legation and so been enabled to accompany and care for him. After his
arrival, illness compelled him to delay entering on the business of his office.
He was deeply aggrieved by certain matters being withdrawn from his
charge and their consideration transferred to Washington, and after remain-
ing about a year in England he resigned, having done little but draw his
salary and outfit-money.

To return to State politics. In the winter of 1825, Governor Parris
was nominated by a legislative caucus, but declined to accept ; he said that
public affairs would not suffer by his refusal, while duty to his family com-
pelled such action. The caucus, with a few dissenting votes, nominated
Judge Weston of Augusta, but he preferred to remain on the Supreme
bench, and the Legislature was once more obliged to seek a candidate.
They now sent a committee to Parris to say that his intention of declining
a reelection had only recently become known, that the public mind had not
had time to settle upon some individual who would be willing to accept
the Governorship, and that they requested him to preserve political harmony
and give an opportunity to ascertain the public sentiment respecting his
successor, by consenting to serve another year. Unwillingly, Parris agreed
to waive his objections.

The next year, as the Governor remained firm in his wish to retire, the
legislative caucus nominated Enoch Lincoln, of Paris, who had represented
the Oxford district in Congress for eight years. An able, popular, and
highly respected man, he was probably chosen because, like Parris, he could
hold the party together. He was by no means an ultra-Republican, he had
firmly opposed the Missouri Compromise, and had been put up against Parris
by the Wingate faction in 1825, but had refused to stand. His declination,
however, does not seem to have been known in the county of Somerset. A
report had spread that Governor Parris had refused a renomination and he
received a number of votes. Probably the straight-out Republicans were
not wholly pleased with his nomination. Ashur Ware wrote to Holmes : "I
am glad to find that you are satisfied with Mr. Lincoln's nomination. I
have always been of the opinion that it was best to take him cordially. The
belief has been that he will make a good Chief Magistrate. My acquaintance
with him is not such as will justify me in speaking positively." Whatever
may have been the fears of Judge Ware, the people would seem to have been
well satisfied with Mr. Lincoln, for he was not only elected Governor, but
was reelected for four successive terms without opposition.

Governor Lincoln was a native of Massachusetts, and belonged to one
of the leading Republican families of that State. His father, Levi Lincoln,
had been United States Attorney-General under Jefferson, and his brother,
a second Levi, was elected Governor of Massachusetts, in 1826, and held
that office until 1834. Enoch Lincoln was born in 1788, studied at Harvard,
was admitted to the bar in 1811, and in the following year came to Maine
and settled at Fryeburg. Here he mingled the usually incompatible vocations

HISTORY OF MAINE

of poet and lawyer, composing a long poem, "Our Village," descriptive of
Fryeburg and of things in general, and acting as poet at the celebration of
the centennial of Lovewell's fight in 1824.

The people of Paris desired to have this talented young man for a
fellow-citizen, and it is said that they promised to send him to Congress
if he would come and live among them. Whether the story is true or not, he
did move to Paris in 1817, and in March, 1818, was elected a Representative
in the National House, succeeding Albion K. Parris, who had resigned to
become United States District Judge. Lincoln appears to have been just in
time, for Daniel Goodenow, a son-in-law of John Holmes, hearing that there
was an opening at Paris for a lawyer, visited the town with a view to settling
there, but found that he had been anticipated. Lincoln pleased his constit-
uents so well that they kept him in Congress for eight years, when he
resigned to accept the Governorship.

In person Mr. Lincoln was a little below the medium height, with a
fine, clear eye, a pleasant mouth, sanguine complexion, and golden hair. He
had "the faith of a child in what seemed like virtue, was suave in manner
and moderate in speech, but would be roused to anger by any act of tyranny.
He took a particular interest in the welfare of the Indian and the negro,
and his views regarding the education of women were far beyond those of
his time." His friendliness toward women, however, seems to have been
mainly that of a thinker and philanthropist, for he died a bachelor. With
all his gentleness he was firm, even obstinate, and quick to resent anything
which seemed like dictation. It was said that men induced him when Gov-
ernor to do as they wished, by peremptorily demanding that he take an
opposite course.

His resolute, yet obliging, nature remained unchanged to the end. Dur-
ing his last illness his mind wandered and he desired to leave his bed. On
being told that he must not, he replied, "Must, that is no language to use
to me, sir." "But," replied his attendant, alarmed at the possible conse-
quences of the attempt, "I beg, I entreat you, to lie still." "Oh," said the
Governor, "that is another matter, that is speaking like a reasonable being,"
and he quietly turned over and went to sleep.

Mr. Lincoln had a deep interest in Maine, particularly in her animals,
her products, and her original inhabitants. His study at Fryeburg was
adorned with the antlers of deer, moose and caribou. A map of the Um-
phramagog lakes traced on birch bark by an Indian, hung on the walls, and
above it was a full length picture of an Indian chief. In 1829 Governor
Lincoln declined a reelection, wishing to devote himself to farming and to
study. He had already gathered considerable material for a history of
Maine, and had begun an account of the Maine Indians. How great his
success as a writer would have been had his life been spared, must remain
uncertain. But it might not have equalled his hopes. The poem, "Our
Village," is respectable amateur work, with some pithy lines. One of his

MAINE'S FIRST DECADE 191

Fast Day proclamations was highly praised and attracted attention in other
States. The ideas were good, less trite than is usual on such occasions, and
well expressed. But his messages "smell of the lamp," and while not marred
by the exuberant rhetoric that too often deformed the writings of the period,
they show straining after a beauty of style which it was beyond the writer's
power to attain. Mr. Severance, the founder of the Kennebec Journal,
whose editorials are marked by good taste and more than ordinary ability,
said of one of Governor Lincoln's messages that it seemed rather "labored
and parenthetical. A document of this kind ought to be read and under-
stood by everybody ; therefore simplicity and perspicuity should be studied in
its composition, rather than elegance."11

Enoch Lincoln loved his adopted State with a filial devotion, and he
deserves an honorable place in her history ; but it is on his character and
his work as Congressman and Governor rather than his ability as a writer
that his modest fame must rest.

The Fourth of July, 1826, was the semi-centennial of American inde-
pendence, and it was duly celebrated in Maine, as in the other States. The
day was rendered peculiarly noteworthy by the deaths of Jefferson and
Adams, the author and the defender of the Declaration. When the news
of Mr. Adams' death reached Portland, Adjutant-General Cony, by direc-
tion of the Governor, ordered minute guns to be fired from twelve to one,
and a similar tribute was paid to the memory of Jefferson when his death
was known.

The Argus which, like many Republican newspapers, had bitterly as-
sailed John Adams, the signer and enforcer of the odious sedition law,
was placed by the general manifestation of honor and mourning in a some-
what embarrassing position. It, however, remained consistent, and yet
avoided disrespect to the memory of Adams by saying little about him, in its
own name, but by quoting complimentary notices from other papers. Of
Jefferson, it spoke, as would be expected, in terms of high praise.

At the beginning of President John Quincy Adams's term, the Argus
had highly approved his conduct, but its admiration soon cooled. In his
first message the new President advocated a government with such broad
and even paternal functions that the old Republicans took alarm. The slave-
holders, who feared that Clay's South American policy would endanger their
peculiar institution ; the masses, who believed that their favorite, Jackson,
had been cheated out of the Presidency ; and the politicians who hoped to
float into power on the Jackson wave, united, and the administration soon
found itself assailed by an opposition extremely formidable both in num-
bers and talents. The Argus hesitated to join them openly, but it criticised
the President and Secretary Clay and quoted bitter attacks from other
papers. By so doing it became one of the very few political martyrs under
the Adams administration. The President refused to proscribe his oppo-

"Kennebec Journal, January 13, 1827.

192

HISTORY OF MAINE

nent's, but Clay was not so forbearing. It was the duty of the Secretary of
State to designate the papers in which the United States laws were printed
at public expense, and as the Argus refused to modify its course, in spite of
advice given to the editor, the privilege of publishing the laws was taken
from it and transferred to its special rival, the Portland Patriot. The Argus
said that it received an intimation that the change was not final, and that
repentance and good behavior should not go without regard. No change of
this kind was made, however; indeed the Argus soon came out openly
against the administration."

One of the leading Adams papers in the State was the Kennebec
Journal. For a while it had occupied a somewhat neutral position, notwith-
standing the fact that it had been established that there might be a National
Republican paper fn Maine. When Adams was elected it spoke highly both
of Adams and Jackson. But on March 17, 1827, it declared: "If we have
ever felt anything like indifference to the result of the next presidential elec-
tion, the course of the Opposition, and the elements of which it is com-
posd, will confirm us in our first preference."

The Journal attacked Jackson, who, it was well known, would be
Adams' opponent in 1828, but at first it did so with a certain hesitancy. On
July 14 it said that Jackson, though "honest and patriotic," was "a mere
soldier, rash and impetuous, whose disrespect for the civil power has been
repeatedly manifested, and whose fame was principally acquired in a gallant
and fortunate battle." In the year of the election, the Journal assailed Jack-
son more fiercely. It asked, since so much was said about Jackson's military
ability, "has he, like Harrison, Brown, Ripley, Scott, and other of our gen-
erals, ever met a disciplined enemy in an open field?" and replied that the
only time that he ever encountered such a foe was when his troops, "safe
behind entrenchments, shot their foes down by hundreds with so little danger
to themselves that only seven Americans were killed." The Journal repeated
various charges against Jackson; that he had been a confederate of Burr;
had unlawfully executed certain men under his command who claimed with
justice, as the Journal held, that their term of enlistment had expired and
attempted to go home ; that he had caused another soldier, a Baptist
preacher, to be shot for a trivial offence ; that he had used his official
position to make money ; that he \vas a slave-dealer. The Journal also
brought up the matter of his marriage. Jackson had married a woman
who was at the time another man's wife, the general assuming with true
Jackson impetuosity that a divorce from her first husband had already
been granted.

The Argus was equally ready to assail Adams. He was accused of
demanding improper allowances as minister, and of furnishing the White
House in an extravagant and un-American manner. Much was said of
alleged abuses in the expenses of the Department of State. The Adams

I= Argus, March 23, 27, 1827.

MAINE'S FIRST DECADE 193

men were charged over and over again with being Federalists. It was
asserted that an old Federalist had said that those who fell with John
(Adams) the first, would rise with John the second. It was claimed thai
Jefferson and Madison distrusted J. Q. Adams and sent him on diplomatic
missions to conciliate him, and at the same time put him where he could
do no harm.

Maine had once carried on a considerable trade with the British West
Indies, but England had for some time excluded American vessels from
the islands. In 1825, however, she offered to open their ports to direct
trade with the United States if the latter would withdraw her restrictions
on the importation of West India products. The offer was to hold good
only for one year. Adams, hoping to obtain the right for American ves-
sels to carry West India goods to places outside the dominions of Great
Britain, continued to negotiate. When he finally decided to accept the
original proposal, a year had passed, another and less liberal ministry was
in power in England, and the American Minister was told that he was too
late and that nothing could be done. Adams had perhaps been unduly
stiff on minor points, and the friends of Jackson in Maine declared that
his mismanagement had cost the State a valuable trade."

Another matter that greatly affected the commercial interests of Maine
was the passage of the tariff of 1828, otherwise called the tariff of
abominations. Jackson needed the support both of the low-tariff South
and of high-tariff Pennsylvania, and his managers were anxious lest in win-
ning one they might lose the other. Accordingly it was arranged that a
tariff bill should be brought in giving extravagant protection on some arti-
cles and taking particular care of the Middle States and the West, but
bearing very heavily on New England. The Jackson men, including the
low-tariff Southerners, were to resist all attempts to improve the bill, but
when the question of passage was put the Southerners were to separate
from their allies and vote against it; the New England members would
presumably do the same, and the bill would be lost. Jackson's friends
would then tell Pennsylvania and the West that they had tried to pass a
good tariff bill, but that the Adams men from New England had pre-
vented them. The South, it was hoped, would not be greatly disturbed by
a bill that failed to pass, and the Jackson men there could tell their con-
stituents that they had voted against it. The plan was partially success-
ful, but in the Senate additional protection was given to the manufactures
of New England, many New England men decided that on the whole the
good in the bill as amended was greater than the evil, they voted for it,
and the bill became a law.

Among the "abominations" was one doubling the duty on molasses,
and thus striking a heavy blow at the West India trade. Maine lumber,

"Fish, "American Diplomacy," 198-199.
ME.— 13

194

HISTORY OF MAINE

Maine ships, and all the industries dependent on them, were seriously
affected. When the news that the bill had passed reached Portland, the
town went into mourning. Stores were hung with crepe, bells were tolled,
and the vessels in the harbor half-masted their flags. The bill was the
result of a Jackson trick, and it would seem that it should have ruined his
cause in Portland. But the Argus was equal to the occasion. Adams'
Secretary of the Treasury, in his annual report, had strongly recommended
a higher tariff, and the Argus declared that this was the cause and origin
of the whole matter. True, some Jackson members of Congress from the
Middle States had voted for the bill, but that was not due to their Jack-
sonism, but to the fact that the law benefited their districts. ("The tariff
is a local issue.")

The Argus had need of all its ingenuity. The Cumberland electoral
district was the prize for which both parties in Maine were exerting their
utmost efforts. There was little doubt that the State would go for Adams
and the country for Jackson, but the Cumberland district was uncertain.
The Jacksonians nominated for presidential elector James L. Churchill, a
popular man of moderate views, and succeeded in electing him by a small
majority. All the other Maine districts and the State as a whole" and every
other State and electoral district in New England, voted for Adams, but
Jackson swept the country.

Great was the joy of Cumberland Democrats. Old Cumberland was
"the star in the east," and they did not soon forget the name. The National
Republicans, as the Adams men were called, took their defeat very hardly.
The Kennebec Journal said: "We must submit to their (the people's) deci-
sion, or rather to the provision of the Constitution, for a majority of the
freemen of the United States have probably voted for Mr. Adams (this
was a mistake, the popular vote stood, Jackson 647,726, Adams 508,064").
We regard General Jackson's success as an event derogatory to our national
character, injurious to the public interests, and of evil omen to the dura-
tion of the republic, but console ourselves with the reflection that we have
done our duty in opposing his elevation. . . . We hope never to see such
an opposition waged against General Jackson as has been arrayed against
Mr. Adams; but we do think that it is incumbent upon all that intelligent
portion of the American people who have not been borne away in the mad
current of military enthusiasm which has carried General Jackson up to
the presidential chair, to use every honest means to prevent his doing mis-
chief in a situation to which he is incompetent. ... If the country is
not involved in war under the new dynasty, it will probably be owing to the
firmness and prudence of Congress, and to a constant discriminating and
patriotic opposition.""

"Two electors were chosen at large.

"In Delaware and South Carolina the electors were chosen by the Legislature.

"Kcnnebec Journal, Nov. 14, 1828.

MAINE'S FIRST DECADE 195

The Portland Advertiser calmly stated the reasons of its preference of
Adams to Jackson, and expressed the hope that the latter would become a
better man. It continued : "He has been not only a brave but a cruel man.
He has manifested not only some virtues, but many vices. If he has on
some occasions exercised the kinder sympathies of nature, he has, on too
many, been governed by ferocious barbarity. If he has at times respected
and sustained the laws of his country, he has also been guilty of lawless
violence, and gross infractions of the Constitution. It is these opposite
traits of character which occasion our dread of his elevation."

The Portland Patriot said : "Never, since we have been an independent
nation, was there more need of a firm, independent and prudent Congress,
than there will be for the next four years; for never before have we had
a President so ignorant and incapable, nor one the tenth part so."

January 8, the anniversary of the battle of New Orleans, had for
some time been celebrated as Jackson Day, and on the anniversary fol-
lowing the election the victorious Jackson men made public manifestation
of their joy. A supper was given at Portland, a grand dinner at Bath, and
salutes were fired at Bangor, Eastport, Norridgewock and other places.
But the Kennebec Journal of that date said that every American was proud
of the victory of New Orleans, but "prosperity is sometimes more ruinous
to us than adversity. Had some one else commanded at New Orleans, or
had Jackson been less fortunate, his troops less brave or his enemy more
expeditious, he would never have been thought of for President."

Of the defeated Adams, the Journal had spoken in very complimentary
but also, as the future proved, in most inappropriate terms; terms which
are the more surprising because the article was not original with Mr.
Severance, but was taken from a paper published near Adams' home, the
Middlesex Gazette. The Gazette said of Mr. Adams: "His contemplative
and philosophic turn of mind will render the evening of his life tranquil
and happy ; and his genius, talents, and almost unequalled erudition will be
employed, we trust, in a manner calculated to impart instructions to future
generations. He has already reared for himself a monument which will
endure for ages beyond the period when the halo which now encircles the
brow of the chieftain shall have faded from the remembrance of man.""

The "turn" of Mr. Adams' mind may have been "contemplative and
philosophic," but his nature was such as to forbid any part of his life being
"tranquil and happy," and his fame, except as the writer of a voluminous
diary of great historical interest, comes chiefly from what he did after his
presidency, when in advancing age he fought an unequal battle against the
slave power, with all the dash, courage and vigor of youth.

In Maine the Adams men had carried the Legislature, and they pro-
ceeded to make their power felt. They elected a new Council composed
solely of National Republicans. The Treasurer and Secretary of State

"Kennebec Journal, Dec. 5, 1828.

I96 HISTORY OF MAINE

were Jacksonians. Supporters of Adams were put in their places. Sheriffs
and other county officers were at that time appointed by the Governor and
Council. Governor Lincoln renominated most of the incumbents, but the
Council refused to confirm the Jackson men. The Democrats raised a loud
cry of proscription. They made especial complaint of the treatment of
Mr. Nichols, the displaced Secretary of State, a gentleman highly esteemed
by all, and whose salary was his chief means of support. The National
Republicans answered that the Jackson men had proscribed their opponents,
that they were, as the late election showed, a minority of the people, but
that they had cleverly managed to get control of the political machine and
put their friends, and usually their friends only, into office. It was argued
that they were now receiving the treatment which they had given to others,
and that the public officers should coincide in opinion with the people. The
case of Mr. Nichols was admitted to be a hard one, but it was claimed that
he had prostituted his office to party purposes and so could not be retained.

It fell to the Legislature this year to elect a United States Senator to
succeed General Chandler, and Peleg Sprague, of Hallowell, was chosen.
Mr. Sprague was born in Duxbury, Massachusetts, April 28, 1793, gradu-
ated from Harvard in 1812, and was admitted to the bar in 1816. He then
moved to Maine and began practice in Augusta, where by hard work and
great oratorical ability he acquired a large practice and a high reputation.
He first acquainted the people of Kennebec with the beauties of rhetoric.
"Mr. Sprague's style of speaking, both at the bar and in public assemblies,
was so entirely different from what the people in the county had been
accustomed to hear, that it attracted them by its novelty, and interested
them by its beauty. The addresses at the bar in that county had been par-
ticularly plain and simple; the great lawyers there — Wilde, Bridge. Bond,
Williams, and Allen — made no pretensions to oratory; they did what they
undertook to do, presented their cases to the jury and the court in a brief,
comprehensive, unvarnished manner, bringing out every material point in
the case, and laboring solely for that purpose. But a young man came among
them, highly educated and cultivated, ambitious of distinction, and capable
of making a figure, and introduced a style of elocution, showy and rather
declamatory, accompanied by gesticulation which attracted by its graceful-
ness as well as peculiarity, and rendered the advocate extremely popular."
Senator Bradbury said of him, "Everything he said, even to the making of
a motion in court, was said with elegance and finish."

In 1824 he was elected a Representative in Congress, and served until
his election to the Senatorship, in 1829. In 1835 he accepted the Whig
nomination for Governor, but was defeated, and then resigned his Senator-
ship and moved to Boston. In 1841 he was appointed judge of the United
States District Court of Massachusetts, where he served many years,
although for a part of the time he was nearly blind. Judge Sprague died
on October 13, 1880, at the age of 87."

"Willis, "Law, Courts and Lawyers of Maine," 626-634.

MAINE'S FIRST DECADE 197

The Democrats of the Legislature held the usual gubernatorial caucus
and renominated Governor Lincoln, but he declined the honor. They then
determined to leave the choice of a candidate to a convention specially
called for the purpose. It was said that the true reason that the Legislature
did not nominate was because they could not tell which one of the faithful
would receive national offices. But to none of these was the prize finally
awarded. The Argus copied an article from the Eastern Republican, of
Bangor, which demanded, "Let no fence-rider, no timid eleventh-hour Jack-
son man, no twaddler, no vaporing, scheming, double-faced politician, be
selected." But, alas, the convention chose a man who was reported to have
voted for Adams, Samuel E. Smith, chief justice of the Court of Common
Pleas. He was nominated, partly as a compromise candidate, partly because
it was felt that many who were inclined to Jacksonian principles had voted
for Adams because he was a New Englander, and that if the Jackson party
was to triumph in the State, these men must be won over. Judge Smith
was an able lawyer, industrious, well supplied with this world's goods, and
said to be very diligent in acquiring them.

He was born in Hollis, New Hampshire, March 12, 1788. A few
months later his father moved to Wiscasset. The son graduated from
Harvard in 1808. He early engaged in politics, his whole family being
ardent Democrats, and served as a representative in the Legislatures of
Massachusetts and of Maine. In 1821 he was appointed chief justice of
the Circuit Court of Common Pleas for the Second Circuit, and when, in
1822, the circuit courts were abolished, he became an associate justice of
the new court, holding the position until his election as Governor in 1830.
In 1835 he was again made a justice of Common Pleas, retiring two years
later, when he was appointed with Chief Justice Mellen and Ebenezer
Everett, Esq., one of the commissioners to revise and codify the public
laws: "The first edition of the revised statutes was the result of the labors
of this commission." "The remainder of Governor Smith's life was passed
in literary ease and retirement, and in the enjoyment of an independent
estate. He was a genial, pleasant companion, and freely communicated
with the young, as well as old, from the ample stores of his richly furnished
mind. Mr. Smith early took a prominent position at the bar as a sound
and discriminating lawyer. His mind was clear and acute; he had disci-
plined it well in mathematics and metaphysics, studies which he cherished
and pursued through life, and devotion to which was the act of his last
hour. He left his study at eleven o'clock at night, after having been sev-
eral hours engaged in solving a problem in algebra, and an hour later he
had ceased to breathe." His death occurred on March 3, 1860.

The National Republicans in the Legislature held a causus and nomi-
nated Jonathan G. Hunton, of Readfield. Mr. Hunton was a native of
New Hampshire, but had moved to Maine and settled in Readfield. He

JVVillis, "Law, Courts and Lawyers of Maine," 614-619.

198 HISTORY OF MAINE

had met with heavy losses in business ventures during the War of 1812,
and now supported himself by working a small farm and practicing law,
his "practice" consisting mainly in collecting debts. He had taken little
part in State affairs, but had held office in the militia, and when nominated
was a member of Governor Lincoln's very partisan Council. After his
governorship he served two years in the Maine Senate and one in the
House, and seems then to have withdrawn from politics. He died in Fair-
field, October 12, 1851. It is difficult to understand why so obscure a
man was nominated for such an important office, and the announcement
was received by the Democrats with a scornful amazement and inquiry
that suggests the Whig cry of 1844, "Who is Polk?" A Kennebunk Demo-
cratic caucus instructed its delegates to ascertain "if any individual by the
name of Jonathan G. Hunton is known to reside within the limits of this
State." It was said that Mr. Hunton had got a fortune by marriage and
lost it by mismanagement, that his 'law" business was merely collecting
debts, that he was unable even to handle a case before a justice of the
peace, and that he was accustomed to transfer such as he might have to
another attorney ; that his principal support came from a poor, small farm.
The candidate himself spelled his name Hunton, but the Democrats per-
sisted in calling him Huntoon, and in hinting that there was some dis-
creditable reason for his alleged change of name. They produced testi-
mony that he had failed to pay over money that he had collected for his
clients, and declared that he had proved totally unable to perform his duties
as adjutant in a battalion of militia artillery. They also attacked his private
morals, asserting that he had been accustomed to boast of his conquests,
and to use the most filthy language, and the paper specially fathering this
charge defied him to sue for libel. In short, it was the dirtiest guberna-
torial campaign that the State ever saw.

A National Republican paper replied that its candidate was a man of
good sense and extensive reading, a chaste and correct writer, and that
he had "the unqualified respect of his fellow-councillors." It was claimed
that judicious men who knew both Smith and Hunton said that the latter
had the greater "share of common sense and sound, practical talent."

The Kennebec Journal declared that the only object of saying so much
about Huntoon was to cause a loss of votes through a variety of spelling,
and that it regretted that the National Republicans were making a like
attempt by spelling the name of the opposing candidate Smyth. It also
said that it was moved more to pity than to anger by the attempt to under-
rate the character of "lawyer" Hunton, "merely because, like Cincinnatus
and Washington," he had been seen following the plough."

The evidence of Mr. Hunton's lack of ability, honesty and purity was
met by counter testimony, and various reasons were given for his not suing

"Washington was a careful manager of his plantation, but it is a pity that the
Journal did not give the date of an act so unusual for a wealthy slaveholder.

MAINE'S FIRST DECADE 199

for libel. The Kennebec Journal said that Washington, Jefferson and Par-
ris had been slandered, that the latter at the time of his first election was
accused of adultery, but that none of them had appealed to the courts.

Notwithstanding the bitterness of the attacks upon Hunton, Judge
Smith escaped rather easily. Regret was expressed that he should follow
the example of Judges Parris, Ware and Preble, and mix in politics; and
the Portland Advertiser called on him if he accepted the nomination to
resign at once. He was also charged with moving from town to town
to avoid taxation, and with being accustomed to lend money at usurious
rates.

The nomination of Judge Smith was a holding out the hand of friend-
ship to the Adams men. Late in the campaign a further attempt was made
to win them over, particularly those who had been Federalists. When
many of that party helped to secure the separation of Maine from Massa-
chusetts, it was promised a share of the offices in proportion to its num-
ber, which was supposed to be about half that of the Republicans. Gov-
ernor King in making appointments was careful to respect this agreement,
and it was reasonably well observed by his successors. In Kennebec county
it was the custom to nominate two Republicans and one Federalist for the
State Senate. Many Republicans, however, thought that the Federalists
did not meet them in a proper spirit; they said that where the latter were
in power no quarter was given, and when the Legislature and the Council
in 1829 excluded Jackson men from office a cry went up that the truce
was at an end. But such an attitude might repel the moderates, and late
in August, James Bridge, Reuel Williams, and a number of other prominent
politicians, most of whom had favored Adams, and who were ex-Federal-
ists or the sons of Federalists, issued a circular stating that they believed
that Hunton would make a clean sweep, but that they had satisfactory
evidence that Judge Smith would not remove faithful officers because they
had opposed him, nor make his appointments exclusively from either of the
political parties.

When the ballots were counted, it appeared that Hunton had a ma-
jority, but so small a one that it might well be that enough votes could be
thrown out for legal insufficiency to change the result. The Legislature,
too, was in doubt. The House was almost equally divided, and a few of
the Representatives were claimed by each party. In the Senate there were
four vacancies.

Hardly had the excitement over the election a little subsided, when
the people of the State were shocked by the sudden death of Governor
Lincoln. His refusal to stand for re-election had been in part due to fail-
ing strength, and he himself appears to have taken a very serious view
of his condition. He was invited to address the students of the Cony
Female Academy at Augusta, and, always interested in the education of
women, he accepted the invitation, against the advice of his friends. Hs

200 HISTORY OF MAINE

said, however, that he did not expect to return. While delivering his
address he was obliged to sit down. He finished it, but was unable to
return to Portland, his illness increased, and he died in three days.

He was buried with military honors on the grounds which had been
selected largely by his influence as the site of the new State House.

On January 6 the Legislature met, the members of the House in an
informal manner chose Mr. White, of Monmouth, chairman ; and a com-
mittee was appointed to report the names of such members as appeared
to be duly returned. Much discussion arose over the case of Mr. Roberts,
of Waterborough. The question was, ought his certificate of election to
give him a right to a seat until proof was made to the contrary? By a party
vote of 75 to 73 the House decided against Mr. Roberts' claim. There
was also a sharp contest over the right of Simeon Fowler, Jr., to have the
votes certified as given for Simeon Fowler, counted for him. The House
decided that they should be so counted, by a vote of 73 to 72, Mr. Fowler
in effect voting to seat himself. The matter was only decided after a seri-
ous parliamentary tangle, the chairman admitting that he could not be sure
what votes had been taken, there being no clerk to whose record he could
appeal.

On January 8, Daniel Goodenow was elected Speaker by a majority
of one, he receiving 73 votes to 71 for Mr. Ruggles, of Thomaston, and one
scattering. Mr. Goodenow probably voted for himself. His course was,
however, generally approved. The Argus said: "The organization of the
House was an object of so much interest to both parties and was considered
as having so much bearing on the question who should or would be gov-
ernor, that the friends of each of the candidates for speaker waited upon
them, and insisted upon their throwing their votes for themselves respec-
tively, on the ground that the interest of the public and of the two political
parties was more involved in the result than any personal interest of the
individuals could be supposed to be." Notice was given to a friend of
Mr. Ruggles that Mr. Goodenow intended to vote for himself, and the
Argus stated that if the intention was carried out it would not "be so
illiberal as to find fault with Mr. Goodenow on that account."

The Senate had even more difficulty in organizing than did the House.
Eight Senators were National Republicans, eight Democrats, and there
were four vacancies. Forty-nine ballots were taken without result ; on the
fiftieth the National Republicans voted for Joshua Hall, who himself threw
a blank ballot, and Mr. Hall was therefore elected president. "He was a
short, fleshy, good-hearted old gentleman," a minister of the Methodist
denomination, and knew much more about preaching than he did about
politics. (He had had, however, considerable legislative experience.) The

"He was not much over sixty at the time, but lived more than thirty years longer,
dying on December 25, 1862, at the age of ninety-four. The Bangor Historical
Magazine said of him : "He preached longer than any other minister of his denomina-
tion, having begun his itinerant work at the age of 19."

MAINE'S FIRST DECADE 201

Democratic Republicans, after their first consternation at his election had
subsided, fearing that he had actually gone over to the enemy, took
measures to have a private consultation with him immediately after adjourn-
ment. This interview resulted in nailing the old gentleman to his former
political faith and he stuck to the party like wax during the remainder of
the session.""

The first duty of a Senate is to officially declare what vacancies exist
and to go into a joint convention with the House to fill them. Before the
election of a president, the National Republicans had repeatedly proposed
that such action be taken, but the Democrats refused, on the ground that
until an organization was effected there was no Senate. Most of the
National Republicans in the House wished to call on the Senate to send
down the list of votes for Governor which had been submitted to them by
the Secretary of State, and it was intimated that if the Senate refused
to join the House in canvassing the votes, as a last resort the House mighr
open and count the votes and declare the result alone. But a joint com-
mittee to count the votes was finally appointed, and a majority reported
that Mr. Hunton had been elected Governor by a majority of 39. The
Democratic minority of the committee presented a report stating that ques-
tions affecting the votes of various towns had been wrongly decided and
that there had been no election by the people.

On February i the House passed an order to go into a convention
with the Senate on the following day. On February 2 the National Repub-
lican leader in the Senate, Mr. Kingsberry, moved to adjourn for the pur-
pose of going into a convention, but the motion was lost by a vote of 8 to 8.
A National Republican senator then read a protest against the right of
Mr. Hall to vote, as he was now legally acting governor." Mr. Kingsberry
stated that, since Mr. Hall had no right to vote, he considered the Senate
adjourned, and the National Republican senators proceeded to the House.
On their arrival, Speaker Goodenow declared that as the House had voted
to go into convention at this time, no further vote was necessary, and that
by the arrival of the senators a convention was ipso facto formed. The
Democrats submitted a written protest and withdrew from the hall, and
the vacancies reported by the Governor and Council were filled. Mean-
while the eight Democratic Senators had adjourned. The National Repub-
licans met, elected a president pro tern, and called on the secretary of the
Senate, Mr. Kavanagh, to surrender the journal, which he refused to do.
The National Republicans, however, did not attempt to form a separate
organization, but they maintained that four new senators had been law-
fully elected.

The Democrats now met with a misfortune which gave the National

"Seba Smith, note in "Letters of Major Jack Downing," p. 55.
"The National Republicans had doubtless elected him President to get him out
of the Senate and so secure a majority.

202 HISTORY OF MAINE

Republicans an undoubted majority in the Senate. There had been a
question as to who had the legal right to act as Governor. At Governor
Lincoln's death, the president of the Senate, Nathan Cutler, of Farming-
ton, had, as all admitted, become acting governor by virtue of his office.
But the Senate of which he was president ceased to exist on the day before
the first Wednesday in January. He was no longer president of the Senate,
could he then remain acting governor ? Mr. Cutler swore in the members of
the Legislature, a duty which the constitution devolved on the governor.
For this there was both precedent and reason. It must at times happen
that the governor would have served a year before the first Wednesday
of the calendar year. The constitution required the governor to swear in the
Legislature before they could act, and the Legislature to declare the elec-
tion of Governor for the current year. Hence, if the provision that the
governor serve a year were to be strictly construed, all government must
stop. Accordingly, it had been the custom for the retiring governor and
a quorum of his council to administer the necessary oaths, even if the year
for which he was elected had expired. But Mr. Cutler, although he
believed that he was Acting Governor until a Governor was elected, refrained
from performing any duties of a governor after the Senate had organized,
except administering official oaths, and requested the Supreme Court to
give him an opinion on the matter. Two of the three judges, Chief Justice
Mellen and Judge Parris, stated that it was the duty of the president of
the existing Senate to act as governor, the other member of the court,
Judge Weston, believed that Mr. Cutler was acting governor until a gov-
ernor should be regularly elected.

Mr. Cutler, in deference to the opinion of the majority of the court,
and wishing to remove all doubts on the subject, resigned his office of act-
ing governor ; and President Hall assumed it. The Senate promptly elected
Mr. Kingsberry president pro tern. The three new senators from York
county" voted for him, their votes were received by a vote of 8 to 7, and
a like vote directed them to retain their seats. The Senate accepted the
majority report of the joint committee on the votes for governor, with
amendments which did not change the result, and appointed a committee
to notify Mr. Hunton of his election. On February gth the Senate declared
the election of senators by the convention of both Houses valid. On the
ninth and tenth the two Houses met in- convention, elected the treasurer,
secretary of state and councillors, and qualified the governor-elect. Elder
Hall now resumed his position as president of the Senate. It will be
noticed that Governor Hunton delayed several days assuming the office of
Governor. The reason probably was that he wished the National Republi-
cans to have an undoubted majority in the Senate when they voted to
recognize the senators from York and to go into convention with the House.

After Hall had again taken his seat as president, he refused to receive

"Apparently the Senator from Washington county was absent from the capital.

MAINE'S FIRST DECADE 203

the votes of the new senators, and there was much confusion and disorder.
On one occasion an undisputed majority of senators voted to adjourn, but
the National Republicans kept their seats, and Hall, though repeatedly
declaring the Senate adjourned, still remained in the chair lest a National
Republican should occupy it and the Nationals declare themselves the
Senate. While acting as Governor, Mr. Hall had requested the opinion of
the Supreme Court on certain questions affecting the legality of the "elec-
tion" of the four senators. The court replied that no convention could be
formed without the concurrence of the Senate, and that no body except
the Senate could declare what vacancies, if any, existed, and designate the
constitutional candidates. Certain other questions were put to the court
by Governor Hunton demanding, in substance, if, as Hall's vote was illegal,
he being acting-governor, the Senate did not vote to go into convention,
and if, as the Senate had admitted the four senators, they could be deprived
of their seats except by expulsion, which required a two-thirds vote. The
court replied in an opinion drawn by Chief Justice Mellen and concurred
in by Justices Weston and Parris. They said that Hall's vote was only on
a question of adjournment, and therefore could not affect the constitu-
tionality or unconstitutionality of the convention, and that the four claim-
ants to seats not being constitutionally elected, could acquire none of ths
rights of senators. The four senators now ceased to press their claims
for seats, though they and their friends denied the binding force of the
decision of the Supreme Court. The Legislature adjourned, with both
parties in a bad humor. Most of the National Republican senators voted
against the customary tendering of thanks to the president of the Senate,
and the Democratic Republicans in the House retaliated by opposing the
vote of thanks to Speaker Goodenow.

The winter of 1830 is memorable in national history for the debate
on Foote's resolution, in which Daniel Webster delivered his great "Reply
to Hayne." The discussion aroused much interest in Maine, and the Demo-
crats considered that their friends had the best of the argument. The
Argus said that it had received one-half of Mr. Webster's speech. "We
have not seen that any papers laud it as yet, and we imagine none ever
will. It is not much to boast of, unless the latter end is far better than
the first." The Argus also said: "Mr. Benton delivered a masterly and
triumphant reply to Mr. Webster's great speech, and as completely over-
turned the whole basis of the latter's arguments, as the most sensitive and
jealous citizen of the South could desire." The Argus praised a speech
on the same side of the question by Senator Woodbury, of New Hampshire,
and claimed that John Holmes, who, like his colleague, Senator Sprague,
had come to the defense of New England, had been cut up by Grundy, of
Tennessee. The editor even went so far as to send Hayne a copy of his
own speech printed on satin and "elegantly bound by Mr. Simeon Pratt/'
of Portland. The courtesy was acknowledged by a polite letter from

204 HISTORY OF MAINE

Hayne, in which he spoke of the danger to the Union from geographical
parties.

In justice to the Argus, however, it should be remembered that the
debate was not purely a constitutional one, but that the conduct of the New
England Federalists during the War of 1812, and the past attitude of New
England toward the trans-Alleghany country, was discussed at great length.
Nor were these questions of merely academic and historical interest ; they
were of present practical importance. Whigs and Democrats, New Eng-
land and the South, were scuffling for western votes. The Whigs of the
Maine Legislature expressed their great satisfaction with the conduct of
Holmes, Sprague and Webster, in "rescuing the character of New Eng-
land from reproach, and vindicating the liberal policy of her statesmen
toward the West, and that the attempts made in that body (the United
States Senate) to excite ill-feeling towards this section of the Union, mani-
fests a recklessness of purpose without a parallel in the annals of our
government."

When after the nullification movement the opponents of the Argus
twitted it with cordially approving Hayne's speech, the editor replied that
the speech was regarded chiefly as a contrast of the Republicans of New
England with the Southern Federalists, and that "the very men in this city
who now accuse us of nullification for publishing this speech, were the
most earnest to have it not only inserted in the Argus, but originated the
plan of publishing it in a pamphlet form at our office, and subscribed to
pay for its publication and distribution."

The Whigs were ready to match their champions against the South
Carolinian and his allies. A friend wrote to Holmes that they were print-
ing and circulating his speech and that of Mr. Sprague, and he added:
"Gentlemen are about raising money for the purpose of publishing Web-
ster's speech, and from present appearances we think we shall be able to
raise enough money to defray the expense of circulating 1,500 or 2,000
copies. There have been several thousands of Hayne's speech printed at
the Argus office, which were disposed of cheap. We cannot circulate too
many to counteract the effect of those of our opponents ; it would therefore
be desirable, should you have any to spare, to send them into Maine."

Much interest was felt in the State in the question of "internal im-
provements" and also in that of the next presidency. The Democratic con-
vention of Lincoln county praised President Jackson for his veto of the
Maysville road bill, a heavy blow at national aid for the construction of
roads and canals. A great Democratic celebration was held at Bangor on
July 5 (the fourth coming on Sunday). The orator of the day was Gor-
ham L. Parks, formerly a Federalist but now a rising Democratic poli-
tician, and prayer was offered by Mr. Huntoon, not the Whig Governor,
but the pastor of the Bangor Unitarian Church. Among the toasts were:
"The Tariff and American System — we will not be gulled by fine terms,

MAINE'S FIRST DECADE 205

masking evil projects. Give us back the genuine old Democratic gathering
cry of 'Free Trade and Sailors' Rights.' " "The Maysville Road— Jackson
travels none such. He likes not their construction, his is alone the old
beaten and legal path of the Constitution." "The old Adams party —
Already dead and turning to Clay."

It was undoubtedly true that the Adams men throughout the nation
were turning to Clay, but in Maine their steps were slow and hesitating.

Mr. Emerson, of Portland, wrote to a friend in Boston, John Brazer
Davis, that there was a difference of opinion as to the advisability of the
mass State convention endorsing Clay. He said that parties were nearly
evenly balanced, that many of their warmest friends, particularly in Cum-
berland county, were opposed to the American system, and that should Clay
be nominated by the convention and the Democrats win, the defeat would
injure him in other States. In a later letter he said:

"Our friends in each county assure us of a gain, but they may be
deceived, and we cannot yet estimate the effects of that History which is
spread over the State." I am afraid of Oxford and Penobscot counties,
whose territories are large, and traversed only by census-takers with their
•electioneering documents." He spoke of the embarrassments of the National
Republicans, "where we fear danger in every step and yet must assume every
appearance of confidence. A few judicious letters signed perhaps by your
corresponding committee (not a printed circular) encouraging, urging and
persuading, and directing their attention to the importance of our election,
may produce a favorable effect. Let there be nothing like dictation in
them, and seal them in such manner that no post office spy can read their
contents." Then follows a list of men to whom letters may be safely
•directed. "Perhaps," adds Mr. Emerson, "you or some friend in Boston
may be personally acquainted with some one named ; if so, a letter from
one acquainted will be better received. These secret, confidential letters
have a fine effect — do not neglect them unless too troublesome.""

Another Portland gentleman wrote to Senator Holmes, strongly remon-
strating against the nomination of Clay by the Augusta convention. He
said: "Our merchants feel sore under the exactions of the tariff of 1828,
.and should Clay be nominated at Augusta, many of them with the truck-
men and lumpers and others, employed upon the wharves, we fear could
not be brought to vote on our side, some might go against us. Indeed, it
would be most injurious to us in this town and county."

The leaders decided not to endorse Clay, but when the mass conven-
tion met, such a resolution was offered. The managers, however, had it
referred to a committee, and as reported and passed, it highly praised
•Clay and expressed a wish, which was said to be that of Jefferson, that

*A caustic description of the conduct of the Hunton party had run in the Argus
and was then printed as a pamphlet and widely circulated.

"Massachusetts Historical Society Proceedings, 49:228, 231-232.

206

HISTORY OF MAINE

he should reach the presidency, but it did not definitely name him as Maine's
candidate in the next campaign.

Governor Hunton had been renominated by a legislative caucus and
the convention declared that it cordially concurred and recommended the
most energetic efforts to secure his election. But not a word was said of
him personally, although the convention spoke of the importance of send-
ing to the Legislature men of talents, public worth and private integrity —
an omission which the Argus did not fail to comment on.

All the care and cleverness of the Whigs proved vain. Smith was
chosen Governor, receiving 30,215 votes to Hunton's 28,639, there were 238
scattering. The Democrats also carried the Legislature, and to the great
wrath of the Whigs insisted on passing an act validating the laws of the
previous year.

Chapter IX
THE TACKSONIAN EPOCH

CHAPTER IX
THE JACKSONIAN EPOCH

The event of chief interest in the year 1831 was the gubernatorial cam-
paign. The Democrats in a legislative convention renominated Governor
Smith. Mr. Hunton declined a renomination and Daniel Goodenow, the
Speaker of the House of 1830, was chosen by the Whigs as their candidate.
The principal State issue was an alleged proscription by the Democrat?,
contrary to the promises made in the Bridge circular. To this charge the
Argus replied that such an accusation was totally unfounded, that the
Adjutant-General, the Reporter of the Supreme Court, the County Attor-
ney of Cumberland, and the Attorney-General were all open opponents of
the Democratic party. But the Argus soon passed to justifying removals
and refusals to reappoint, on the ground of retaliation. It said that the
changes made by Governor Smith were called for by the people. "They
asked that retributive justice should follow upon the violent, headstrong,
malignant, demon-like acts of Federal tyrants, perpetrated when they held
the reins of government."

The Lincoln Intelligencer praised the conduct of the Governor and
said that it hoped that the Democrats would take care of their friends and
let their enemies take care of themselves. The Bangor Republican said
that the signers of the Bridge circular had been influential Federalists, that
it had disapproved the circular when it was issued, and that the conduct of
the National Republicans during the Hunton administration had rendered
the pledge no longer binding.

The conduct of President Jackson was also an issue in the campaign.
The convention which nominated Smith warmly endorsed the administra-
tion, praising among other things rotation in office, and the Maysville veto.
Two resolves were devoted to an endorsement of the President's Indian
policy. Georgia had assumed jurisdiction over the Cherokee and Creek
Indians within her limits, and they could get no help from the Federal
government. Jackson said that it was totally impracticable for an Indian
tribe to remain permanently in the midst of white settlements, and that
humanity itself demanded that they should be removed beyond the Missis-
sippi. In his first message he had asked if Maine or New York would
tolerate the exemption of their Indians from the State jurisdiction. The
Maine Democratic caucus justified the question of the President by declar-
ing that, having two tribes of Indians resident within the borders of the
State, they viewed with alarm the claim of the Cherokees to independence.

Maine, with its agricultural and seafaring population and its lack of
manufactures, was naturally Democratic, and the election resulted in a
sweeping victory for Governor Smith, who received 28,912 votes against
21,821 cast for Mr. Goodenow. The National Republicans frankly admit-

MB.— 14

2io HISTORY OF MAINE

ted their disappointment. "We did not expect to succeed," said the Hallo-
well Gazette, "but we certainly hoped better results than have been dis-
closed by the returns." The Kennebec Journal sadly murmured: "We are
told there is a redeeming spirit in the people. We should like to see a
little of it."

In 1832 both parties renominated their candidates of the previous year.
An additional interest was given to the contest, as a President was also to
be elected in the fall. Each party was entirely agreed on its leading candi-
date; the Democrats nominated Jackson, and their opponents, now gener-
ally known as Whigs, chose Henry Clay as their standard-bearer. There
was, however, considerable feeling among the Democrats over the vice-
presidency. Jackson was determined that they should nominate Martin
Van Bure^ and the Democrats in Maine obediently rallied to his support.
When Van Buren retired from the Cabinet in the preceding year in order
to better his chances for the nomination by escaping responsibility, the
Argus spoke of him as magnanimously waiving the advantages of his posi-
tion. The Maine legislative caucus censured the Senate, and the Maine
Senators in particular, for voting against Van Buren's appointment as
Minister to England, and gave it as their opinion that "his nomination
[for the vice-presidency] would be highly gratifying to the people of this
State, and tend to improve the dignity and character of an important branch
of the government (the United States Senate, over which Van Buren as
vice-president would preside)."

Both presidential candidates were sharply attacked . The Argus
declared that the old Portland Gazette, as it called the Advertiser, which
was the successor of the former paper, had spoken of Jackson in these
disgraceful terms, "Our poor, feeble, superannuated, ignorant, imprudent
President outroars the most terrific lion of Numidia." "The old dotard
replied with every fury in the calendar depicted in his countenance."1 The
Argus criticised Clay with some justice for rudeness to the aged Senator
from Maryland, Samuel Smith, and for challenging and fighting John Ran-
dolph, because of words spoken in debate. The interest aroused by the
presidential contest brought out a much larger vote for Governor than in
the preceding year. Both parties gained, but the National Republicans the
most. The vote stood Smith, 31,987, Goodenow, 27,651. The Argus con-
soled itself for this relatively poor showing by the stereotyped explanation
that the Democrats were passive, and their opponents excellently organized.
In the presidential election Maine and the nation went for Jackson.

When the Legislature met in January, Representative Jarvis introduced
resolutions censuring United States Senators Holmes and Sprague for
refusing to obey certain resolutions passed the year before regarding the
tariff and the United States Bank, and yet retaining their seats. It was
supposed that the Jarvis resolutions would give rise to considerable debate,

"Quoted in the Argus, May I, 1832.

THE JACKSONIAN EPOCH 211

but the Whigs decided to treat them as of no importance, a mere partisan
declaration, and content themselves with a silent vote in opposition. Per-
haps they thought that a debate in which they could be represented as deny-
ing the right of instruction would not be for their advantage. A few days
later the Legislature chose a successor to Holmes, whose term expired that
year. The principal candidates for nomination by the Democratic caucuses
were Ether Shepley, of Saco, and John Ruggles, of Thomaston. The
caucuses decided in favor of Shepley, and as the Legislature was Demo-
cratic, he was promptly elected by the Senate and House. The Whigs
voted for Simon Greenleaf, Reporter of the Supreme Court of Maine for
twelve years and afterward professor of law at Harvard and author of a
famous treatise on evidence.

Mr. Shepley was born at Groton, Massachusetts, November 2, 1789,
graduated from Dartmouth in 1811, was admitted to the bar in 1814, and
settled in Saco, Maine. In 1821 he was appointed United States District
Attorney, and held that position until his election to the Senate. In 1836
he resigned to accept the place on the Maine Supreme Bench made vacant
by the appointment of Judge Parris as Second Comptroller. "It was
apparent from the studies and habits of Judge Shepley, that the quiet pur-
suits of professional duties, and especially in their highest forms as an
exposition of the law, were more suited to his tastes than the turmoil of
politics." In 1848 he became Chief Justice, and in 1855 retired from the
bench, his term expiring by constitutional limitation and the Whig council
refusing to consent to his reappointment. In the following year he was
appointed sole commissioner to revise the Maine statutes. In the Civil War
his son, also a prominent Maine lawyer, entered the army and became
Military Governor of Louisiana. Willis, whose history of the courts and
lawyers of Maine was published at this time, says : "The Chief Justice,
too far advanced to take a part in active hostilities in support of the
government of his country, sustains the cause by his words, and co-opera-
tion in his efforts to put down the rebellion. And to enable his son to
fight freely, and unencumbered by his numerous engagements at home, he
has taken his place anew in the courts, and burnished up the forensic armor
for fresh contests on the field of his former struggles. 'E'en in his ashes
live his wonted fires.' "

Judge Shepley died in Portland on January 15, 1877, at the age of
eighty-eight.

The winter of 1832-1833 was that of the attempted nullification of the
tariff laws by South Carolina. When the Maine Legislature met, South
Carolina had declared the tariff acts of 1828 and 1832 void within her
limits, and President Jackson had issued his famous proclamation denounc-
ing nullification and asserting the rights of the Union. Governor Smith in
his annual message heartily endorsed the action of the President, and the

"Willis, "Law, Courts and Lawyers of Maine," 619-626.

212 HISTORY OF MAINE

Whigs eagerly gave it their support. But the more radical Democrats did
not approve of it. The proclamation contained national doctrines that were
a little too strong to please even Henry Clay, and it is not strange that
Democrats who almost worshipped the Kentucky and Virginia resolutions
of 1798 and 1799, were unwilling to accept them. Moreover, unlike Clay,
most of the Maine Democrats were low-tariff men. On the other hand,
they knew that there was a strong national sentiment in the State, that
President Jackson was extremely popular, and also that he was the dis-
penser of patronage and very stern in maintaining his authority.

The portion of the Governor's message relating to the action of South
Carolina, the President's proclamation, and the resolutions of several State
Legislatures on nullification, were referred to a special committee which
did not report until February 4. They stated that they would not examine
all the theories in the documents before them, that they deprecated the
action of South Carolina, that instead of discussing the origin of the pro-
tective system, it would be more useful "to respectfully interpose the voice
of this State for conciliation and forbearance." They reported resolutions
declaring that they sympathized with South Carolina in her sufferings under
an unjust tariff, but that they opposed and disbelieved in nullification ; that
tariff laws so far as they were palpably passed solely for protecting and
fostering particular branches of industry were "contrary to the spirit, true
intent and meaning of the Federal Compact" ; that it was due to justice and
absolutely necessary for the preservation of the Union that the tariff should
be gradually but speedily reduced until the duties should merely yield a
revenue sufficient to discharge the ordinary and appropriate expenses of
the government economically administered. The resolutions made the
Legislature declare that they heartily approved of the policy and measures
of Jackson's administration and looked "to his patriotism, vigilance and
firmness as pledges that all his efforts will be directed to preserve unim-
paired the union, happiness and glory of our Republic."

On February 4 the Senate discussed the resolutions in a long session
extending, with an hour's recess, to 9 :3O p. m. The resolutions may be
said to have taken Southern ground. Indeed, they bore a considerable
resemblance to some which had been passed by the Legislature of Vir-
ginia, and they clearly intimated disagreement with the doctrines of the
proclamation, yet by endorsing the measures (as a whole) of the adminis-
tration they asserted a general loyalty to Jackson and made it difficult for
the Whigs to avoid attacking the President, and so offending their allies,
the moderate Democrats. Timothy Boutelle, one of the leaders of the
opposition, presented a substitute denying the right of a State or the people
of a State to secede, and quoting Jackson's condemnation of secession.
This alarmed the Democrats and William D. Williamson, of Bangor, moved
an amendment highly approving the President's proclamation, which was
said to be not in accordance with the Federalist doctrine of consolidation,

THE JACKSONIAN EPOCH 213

but with the Democratic doctrine of State Rights. This amendment, unlike
Boutelle's, was to be in addition to, not in place of, the resolutions reported
by the committee. Boutelle objected to a blanket endorsement of the
administration, saying that it was the proclamation, not the President's
general course, which had been referred to the committee. Mr. Warren
reproached the Democrats with not allowing the Whigs to praise the Presi-
dent, but in doing this he used language of almost unbelievable insult to the
Chief Magistrate of the Nation. "Sir," he said, "the life of Andrew
Jackson is all bliick — one long catalogue of crimes and disgrace, but there
is one bright spot, one glimpse of light in the proclamation. Of this we
wish to take advantage, but gentlemen will not suffer it." Such words were
not forgotten by the Democrats, for they were most useful as evidence to
hesitating brethren that the praise of the proclamation was really a device
of the enemy. Boutelle's amendment was defeated and Williamson's
adopted by a party vote of 15 to 10. The resolutions were also passed by
the House and approved by the Governor.

The final compromise by which the tariff was reduced and the nullifi-
cation ordinance repealed probably met with the full approval of the Maine
Democrats. The Argus even praised Clay, whom it had so frequently and
harshly attacked. "He is entitled," it said, "to a full share of credit as a
leader in the great adjustment, which again restores peace to our nation
and feelings of good will among the States."

The division among the Democrats in regard to the proclamation pro-
duced or accentuated a similar division over the nomination of a candidate
for Governor. Governor Parris served five years, and then declined a re-
nomination; Governor Lincoln served three years and also declined a
renomination. Governor Smith had served for the same period and party
usage demanded his renomination without a contest. Governors Parris and
Lincoln were nominated, among other reasons, because by their moderate
views and their popularity they could hold the party together. Governor
Smith had been chosen to conciliate the Adams men. Governor Lincoln,
however, was less popular than Governor Parris, and Governor Smith than
Governor Lincoln. The sterner Republicans were not over-pleased by the
nomination of Lincoln, and before the nomination of Smith the Argus had
called for a straight-out Democrat. As party lines were more strictly
drawn and as what the Westerners termed the "whole-hog Jackson'" ele-
ment became the ruling power in the Democratic party, the objection to
moderate men grew stronger. Many, like the editor of the Maine Demo-
crat, wished "to throw to the winds all attempts at conciliating the opposi-
tion, by hitting upon a man who by a 'milk and water' policy would prove
least obnoxious to them. . . . It is miserable policy for the party to pass
by the claims and merits of their best men, because by their ardent and
zealous devotion to the good of their party, these men have incurred the
displeasure of our opponents."1

'Quoted in the Argus, May 3, 1833.

2i4 HISTORY OF MAINE

Governor Smith, indeed, had the good will of the leading politicians
of the Old Guard, but this was, perhaps, a hindrance rather than a help.
The 'Treble junto," as the Argus styled them, had become dictatorial and
unpopular and were regarded by the mass of the party, especially by the
younger men, much as they themselves had regarded the "old Dons" some,
fifteen years before. Under these circumstances the Democrats of the
Legislature refused to make any nomination, but directed the State com-
mittee to provide for the holding of a convention twice as large as the
House of Representatives, to nominate a candidate for Governor. The
convention was duly held and nominated Robert G. Dunlap, of Bruns-
wick, on the first ballot, the vote standing Dunlap 185, Smith 79, scat-
tering 7.

Mr. Dunlap was born in Brunswick, August 17, 1794. He was edu-
cated at Bowdoin, graduating in 1815. When a very young man he was
an ardent Federalist, but he soon joined the Democrats and proved himself
an earnest and clever politician. He served many terms in the House and
Senate, and for four years was president of the latter body. When nomi-
nated for Governor he was a member of the Council. He later served two
terms in Congress, was Collector of Customs for two years at Portland,
and postmaster at Brunswick for five. Whatever the institution with which
Mr. Dunlap was connected, he served it loyally. He was always warmly
interested in the welfare of Bowdoin. He was an overseer for thirty-eight
years and president of the board for sixteen. A devoted Mason, he stood
firmly by the order in the midst of the anti-Masonic movement, when many
faltered or even deserted. "He was several times master of United Lodge
of Brunswick, was grand master of the Grand Lodge of Maine, and was
for nine years the general grand high priest of the General Grand Royal
Arch Chapter of the United States. On retiring from the last named office
lie was presented by the Masons of Charleston, South Carolina, with an
elegant pitcher and salver. He was also a Knight Templar, and it is said
that he attained the highest degree under the Scottish rite, that had at
that time ever been conferred in America. As a presiding officer, whether
in the Senate, the Board of Overseers or the town meeting, or in political
or philanthropic conventions, Mr. Dunlap was hardly surpassed, conduct-
ing business with great accuracy, promptness, and dispatch, and at the same
time with a dignified impartiality.'"

Of his church he was a most affectionate and dutiful son. His pastor
says : "The religious element was, indeed, the predominant one in his char-
acter for the last twenty years of his life, becoming more and more mani-
fest as his life was drawing to its close. His interest in all religious insti-
tutions, his anxiety to promote the cause of religion in the world, were
constant and fervent. His attachment to the Holy Scriptures was remark-
able. He was eminently a devout man, living and dying in the faith and

'Wheeler, "Brunswick," 732.

THE JACKSONIAN EPOCH 215

hopes of the gospel. No one who knew him doubted the sincerity or the
depth and power of his religious convictions." In religion as in politics,
Mr. Dunlap was a convert. In 1834 he passed from the Unitarian to the
Congregational church as a result of a visit to a Eowdoin and Brunswick
prayer meeting. Dr. Cyrus Hamlin, who was a student in Bowdoin at
the time, describes the circumstances of the change in his "Life and
Times" :

"One Sunday evening as I entered the church, rather late, Dr. Tappan
was at prayer, and the burly form of Governor Dunlap was right before
me. Then the whole audience stood in prayer. Governor Dunlap was
known as a pronounced Unitarian, a Democrat, and aristocrat. I won-
dered what had drawn him in ; whether it was merely to find something
for sarcastic criticism. Soon Dr. Tappan fell upon him in prayer. At
first he prayed for the governor of the state in very appropriate language,
such as any minister might use, and then proceeded to individualize him in
a most remarkable and earnest manner, praying that he might feel such a
sense of his sins and his danger of eternal ruin and of his need of a
Saviour that he would gladly choose to die as a beggar with Christ as his
Saviour, rather than attain the highest prizes of political ambition without
him, etc. It was painful and astonishing to many persons present, who
thought the evil one had crept into that prayer so as to raise a row with
the Unitarians. We changed our minds when, the next morning, at chapel
prayers, President Allen prayed for the governor of the state, who had
passed a sleepless night under deep conviction of sin."

Notwithstanding a soothing statement of the Argus that Smith had
not been discarded nor would he be forgotten, his friends were angry and
sore. For a while it appeared that the Whigs might nominate him but he
had, though somewhat unwillingly, made many removals, and the Whigs
believing this to be a violation of the promises in the Bridge circular, and
disapproving of certain actions of his in the boundary dispute with Great
Britain, renominated Mr. Goodenow.

Smith's friends determined to support him as an independent candi-
date, and the Governor, as far as the public knew, neither approved nor
forbade their action. One of their most prominent leaders was Jonathan
P. Cilley of Thomaston, who in vigorous speeches assailed nullification and
accused leading supporters of Dunlap of being in sympathy with it. A
great meeting which he addressed voted to oppose Dunlap pugnis et
calcibus. The Dunlap men were also embarrassed by a widespread dis-
satisfaction with their candidate for Congress in the Cumberland district,
F. O. J. Smith.

The Argus fought the battle of the regulars with zeal if not discretion.
It accused Cilley of having committed perjury and was later sued for libel
and obliged to retract. It narrated the services of F. O. J. Smith, saying
that in 1828 he had written for the paper under the name of Leonidas a
very effective series of letters against Adams, that he had for years fur-
nished the leading editorials of the Argus, that to his pamphlet describing

216 HISTORY OF MAINE

the conduct of the Hunton Legislature in 1830 was chiefly due the Demo-
cratic victory of that year, that during the last year he had acted as Presi-
dent of the Senate in so fair and impartial a manner as to win the appro-
bation even of his political opponents. No other candidate that might now
be nominated to replace Smith, said the Argus, could so well unite the
party. Menaces too were not wanting. With stern italics the Argus de-
clared that "Every man who now takes side with the Junto, will find
himself thrust back at least six years in his political standing with the
Republican party, however much he may try to avoid it."

Arguments, threats, the power of "regularity" and the Democratic
feelings of the citizens of Maine, again gave the victory to the Jackson
party. But a comparatively small change of votes would have prevented
an election. The vote stood: Dunlap 25,731, Goodenow 18,112, Smith
3,024, Hill (anti-Mason) 2,384, scattering 101. Mr. F. O. J. Smith was also
elected to Congress, by a small majority. The triumphant Argus now
called for "justice," though for a justice tempered with mercy. All the
bolters were not equally guilty, it said, some were deceived, but the leaders
should not be passed over.

When the Legislature met, Governor Dunlap in his message spoke of
the nullification movement in terms shrewdly chosen to please Jackson
and both wings of the party in Maine. He said that the wisdom, firmness
and moderation with which "the attempt at nullification was controlled by
the vigilant and patriotic Chief Magistrate of our National Government,
without compromitting the constitutional rights of the States, justly merit
the gratitude and applause of the American people."

The year 1834 witnessed the culmination of the struggle between
Jackson and the United States Bank. In 1832 the President had vetoed
a bill to re-charter it, and in the fall of 1833, fearing that the bank might
force or bribe a two- thirds majority of Congress to grant a new charter,
he ordered the Secretary of the Treasury to "remove the deposits," that is,
to cease depositing the United States revenues in the bank, and to pay the
expenses of the government by drawing from time to time the money
which was already lying there subject to the order of the Treasury. The
Secretary refused to obey and the President removed him and put Roger
B. Taney, a more compliant man, in his place. Taney immediately removed
the deposits, and there followed a panic, hard tim.es, and a violent dispute
all over the country as to whether the President or the Bank was to
blame.

Banks were not popular in Maine, and there the Democracy suffered
little. There were, however, some defections of prominent men. The best
known of the revolters was ex-Governor King, who had failed of a re-
appointment as collector at Bath. Another was James L. Churchill, the sole
Jackson elector from New England in 1828. The Argus accused him of sell-

'Argus, Jan. 7, 1834.

THE JACKSONIAN EPOCH 217

ing out to the Bank, and also charged that he acted from pique because F. O.
J. Smith had been preferred to him as the Democratic candidate for Con-
gress. The Bath Enquirer, formerly a neutral paper, joined the opposition
to the President.

The Whig merchants put pressure on their employees to "vote right."
A well-known business man of Portland in reply to charges of exerting
undue influence, published a card in which he stated that he had been a
strong supporter of the Administration till it attacked the currency, that
he had said and did say that he would not employ any man who was
against a national bank, for he could not conduct his business without one.
Another prominent citizen stated that in employing men he would always
give preference to such as voted in favor of what he himself thought was
for the best interests of the country.

The Whigs seem to have had an excellent organization. Their State
Central Committee issued a circular recommending that in each county
there be a committee of five, in each town and plantation one of three,
and an agent in every school district. Their nomination was not made
until well in to the summer, when a great convention was held at Water-
ville. No effort was spared to obtain a large attendance. The date was
the same as that of the college commencement, and for those who were
less literary in their tastes there was "a grand menagerie of living animals,"
not the convention, but a show provided by Waring, Tufts & Co. Ex-
Governor King presided, and Peleg Sprague was nominated for Governor.
The Democrats in a legislative caucus again nominated Dunlap. The cam-
paign does not seem to have been a particularly fierce one, although a
large vote was brought out. Sprague, who as Senator had refused to obey
instructions, was accused of acting on the principle of the divine right of
kings. John Holmes, who took the stump for Sprague, attacked one of
the Democratic candidates for Congress because of his misuse of English,
and the Argus retorted by quoting from instructions issued by King as
major-general of militia, which contained various errors in spelling, such
as "dobt" for "doubt" and "here" for "hear." The Argus indulged in the
demagogic argument that only a few could borrow from a national bank.
On election day both parties made large gains, but again the Democrats
won. The vote stood, Dunlap 38,133, Sprague 33,732, Hill 1,076, scat-
tering 90.

The first business awaiting the new Legislature was the election of a
United States Senator. The Democrats had a clear majority in both
houses and their nomination was equivalent to an election. Their choice fell
on John Ruggles of Thomaston. Mr. Ruggles was born in Westboro, Mass.,
October 8, 1789. He graduated from Brown in 1813, studied law with Gov
ernor Levi Lincoln, and with a Mr. Howe, of Westboro. He commenced
practice in Skowhegan in 1815, and moved to Thomaston in 1818. He
took an active part in politics, served as Speaker of the Maine House from

2i8 HISTORY OF MAINE

1825 to 1829, and in 1831 and 1832, and strongly supported the nomination
of Mr. Dunlap for Governor. It was said that he believed such a course
would help him in obtaining a United States Senatorship. At the time of
his election he was a judge of the common pleas. He served but one term
as Senator, broke from his party on the sub-treasury question, and was
retired from political life.

Mr. Ruggles' election left a vacancy on the bench of common pleas,
and he was succeeded by ex-Governor Smith. Some who had opposed
his renomination for Governor favored his appointment. Even the Argus,
now under a new editor, in a somewhat hesitating way held out the olive
branch. It said: "When upon the bench he gave very general satisfac-
tion, and is universally acknowledged to be a sound lawyer. They ( former
opponents who advised his appointment) are also anxious to satisfy Gov-
ernor Smith and his friends that they were actuated by no unfriendly
spirit towards him, in preferring another for governor.'"

One of the acts passed during this session caused much bitterness and
returned to plague its inventors. This was the "small bill law." There
was a strong feeling against banks, in Maine. Governor Dunlap suggested
in his message that it would be worthy the consideration of the Legislature
whether it would not be well to gradually curtail the right of the Maine
banks to issue bills under $5.00. The Legislature, believing that the cur-
rency was dangerously inflated and that if small bills were driven out
coin would come in to take their place and give a broader metallic basis
for the paper money remaining, passed such a law.

In national affairs the most important event was the death of Chief
Justice Marshall. The Democratic papers in Maine had little to say con-
cerning the passing of one of the world's great jurists. Their interpretation
of the Constitution was too different from his to enable them to appreciate
his rare ability; but they were considerably excited over the question of
who would be the dead man's successor. The Argus said that it believed
that the Democrats were unanimously of the opinion that Taney should be
the new Chief Justice. A week later it became terribly agitated over a
suggestion that Daniel Webster should be appointed. "President Jackson,"
it declared, "is too sound a Republican and too patriotic to abuse the good
fortune which affords him the opportunity to install the doctrine of strict
construction in that court. No latitudinarian should be suffered to go on
that bench. Nominate Daniel W.ebster for that office. The Hero of New
Orleans would sooner see his right hand wither, than sign a commission
for such a man.'"

Anxiety on the subject was quite unnecessary. Taney had served
Jackson faithfully in the matter of the deposits. He had for this reason
been rejected by the Senate when nominated as an associate justice of the

"W. Argus, Jan. 20, 1835.
'W. Argus, July 21, 1835.

THE JACKSONIAN EPOCH 219

Supreme Court, and Andrew Jackson never deserted a friend in trouble,
especially if attacked because of loyalty to himself. On December 28,
1835, Roger B. Taney was nominated by the President for Chief Justice
of the United States, and in the following March he was confirmed by the
Senate by a strict party vote.

This year a new question was put forward as the main issue of the
gubernatorial campaign, that of internal improvement. The great need
of the country for better means of transportation and the enormous benefit
which New York had obtained from the Erie canal had resulted in a mania
for turnpikes, canals and railroads ; when private resources were, or seemed
to be, unequal to the task of providing them, the government was appealed
to for help, various States responded by loading themeslves with debts to
carry on enterprises which resulted in a heavy loss. Maine had, on the
whole, been free from the excitement, but some of the leading business
men believed that the government should assist in the development of the
State. The Whigs as a national party had supported "internal improve-
ments." The Maine Whigs now declared that the State should adopt the
policy, and nominated ex-Governor King, who they hoped might win some
Democratic votes. The Democrats renominated Governor Dunlap and
met their opponents firmly but not without some apprehension and a slight
tendency to "hedge." The Argus said that the Advertiser urged King's
election mainly on the ground that he favored internal improvements, and
would if chosen be a De Witt Clinton, but that "we never before heard of
General King's enthusiasm for internal improvement. The State has a
single specimen of his judgment, economy and taste, in one species of
internal improvement — in public buildings. The State House at Augusta
was a public work whose construction General King chiefly superintended."
The Argus said that it seemed that the Federalists, as it was accustomed
to call the Whigs, meant to put their principles out of sight "and endeavor
to float their candidate into office upon the temporary tide of internal im-
provements. Perhaps it would be a more just figure to say the Federalists
contemplated running General King into the chair of state upon a railroad."

The Argus claimed that the project was easier to conceive than to
execute, that no man had done more to arouse interest in public improve-
ments than Governor Dunlap, and that the Democrats had shown them-
selves favorable to practical schemes, and ready to grant State aid "in a
judicious and economical manner." Unfortunately Maine was a poor,
large and thinly settled State, and the improvements which would most
hasten its development would be very costly and would at first directly
benefit only a few of its citizens. The Argus asked if its opponents could
be mad enough to think that the people would burden themselves with
millions of debt to build a railroad to the northern border, or were willing
to go to Washington to beg aid from the national treasury "and thus prac-
tically adopt the American System of Webster and Clay." It declared its

220 HISTORY OF MAINE

belief that it would be impossible to obtain the vote of the people of
Maine "to plunge themselves millions deep into debt to accomplish some
grand public work of local and partial utility. It needs but a glance at
the map of Maine to show that the form and position of our State offers
no opportunity for constructing any single great work — which in its extent
and equality of benefit, will compare with the Erie canal."*

Internal improvement was not, however, the only issue of the campaign.
Both parties had much to say on the subject of banks. The Democratic
Cumberland county convention resolved that the Legislature deserved thanks
for passing the small bill law, that there should be no United States Bank,
and that they approved of the removal of the deposits. The Waldo county
convention resolved that no person should be considered as legally nom-
inated for (State) Senator by the convention until he had given a pledge
that he would oppose the charter, re-charter, or increase of capital, of any
bank in the State.

The Whigs were equally positive. The county committees of Han-
cock, Oxford and Kennebec announced their approval of a national bank.
The county convention of Oxford declared "that the unprincipled attack
of the President of the United States and his kitchen advisers, upon the
currency of the country, is an act of malicious meanness, unparalleled,
except in the blind subserviency of the Jackson party in our last Legis-
lature, in passing the famous small bill act."

Election day proved that Maine was still loyal to Jackson, and fearful
of corporations and the money power. There were about ten thousand
less votes cast than the year before, but the Democrats gained heavily,
while the Whig vote fell off almost exactly fifty per cent. The official
figures were: Dunlap 45,608, King 18,680, scattering 90.

The next year, 1836) was that of a Presidential contest. In May, 1835,
a Democratic National Convention had nominated Martin Van Buren for
President, and Richard M. Johnson, of Kentucky, for Vice-President.
Each nomination was unpopular in parts of the country, but both were
well received in Maine. The Whigs, discouraged by their crushing defeat
in 1832, held no national convention. Their plan was to put up several
candidates in the hope that the local strength of each might gain a following,
that in consequence Van Buren would fail of a majority and that the
election would thus be thrown into the House, where it might be possible
to make a combination that would elect one of the opposition candidates.
It was at first intended that Daniel Webster should be the New England
candidate, and the Massachusetts Legislature nominated him. But the
popularity of William Henry Harrison, of Indiana, "the hero of Tippe-
canoe," "the farmer of North Bend," gave promise of uniting nearly all
the Whigs of the North and the Webster support fell away. "He received
the electoral vote of faithful Massachusetts, and that was all."

'W. Argus, Aug. 4, 11, 1835.

THE JACKSONIAN EPOCH 221

The Democrats attacked Harrison's military record, accusing him of
cowardice and incapacity, and also charged him with voting in the Ohio
Legislature to sell white men imprisoned for debt into slavery, though for
a limited time. It was said that Harrison was a rich man, held lucrative
offices, lived in a fine house, and was in no true sense of the word a farmer.
Just before the presidential election, the Argus reminded its readers that
"a few years ago Mr. Huntoon, a lawyer, was manufactured into a great
farmer by the Federal party, on the strength of half an acre of land, and one
hanimal, and the honest yeomanry of the State were called on to support
the farmer of Readfield.'"

The Whigs assailed Van Buren for voting, when a Senator from New
York, for the tariff of 1828, and for giving his casting vote as Vice-Presi-
dent in favor of a bill excluding abolition matter from the mails if ad-
dressed to persons in States that forbade the circulation of such publications.

To the first charge the Argus replied that Mr. Van Buren voted as
instructed by the New York Legislature ; it did not say, probably did not
know, that Van Buren had himself procured these instructions, in order
to avoid responsibility. It at first attempted to explain away Van Buren's
vote on the mail bill by saying that he merely wished to give opportunity
for the question to be decided by a more fully attended Senate. Soon,
however, the Argus took a firm stand in favor of the principle of the bill.
It demanded whether the slave States had not a right "to prohibit the cir-
culation of incendiary publications manifestly intended to lead to servile
insurrections? Secondly, If so, can the laws of the United States exempt
its officers, citizens of those States, from the operation of laws, rightfully
enacted for the purpose of arresting the circulation of such publications?"*
It reprinted a long editorial from a Boston paper asking why Webster did
not oppose the third reading of the bill, and quoted a statement from
Edward Everett, then Governor of Massachusetts, that the compact of the
Constitution expressly recognized slavery and that everything which tended
to disturb that compact was at war with its spirit.

The presidential contest somewhat overshadowed the campaign for
the governorship. The Democratic Legislature renominated Governor
Dunlap and praised his administration, but devoted most of its attention
to national issues.

The Whig caucus violated precedent by doing what no great party
of Maine had ever done before, nominating a Governor who lived in the
eastern part of the State. Ex-Governor King having refused a second
nomination, the Whigs chose as their candidate Edward Kent of Bangor.
The Argus rather spitefully remarked, "General King declined, not the
office of Governor, but being again a candidate for the office. He 'brought

'Tri. Argus, Nov. 4, 1836.
"TVi. Argus, June 13, 22, 1836.

222 HISTORY OF MAINE

his taters along, last season,11 and the people dug them for him. So the
candidateship drifted down East, and was moored in Bangor harbor, and
will founder in the mud which is there abundant." When the Argus came
to speak of Kent, however, it did so with a moderation that was highly
honorable in a political opponent, describing him as a "gentleman of respect-
able talents, handsome address, somewhat indolent in his habits, and, as
far as we know, of unexceptionable moral character." It added that his
family and education were Federalist."

Probably not only Mr. Kent's politics, but his choice of a profession,
had been influenced by his family connections. His mother was a sister
of Prentiss Mellen, the first Chief Justice of Maine, and the famous Chan-
cellor Kent is said to have been a distant relative. Edward Kent graduated
from Harvard in 1802, studied law for a short time in the office of the
Chancellor and then under Benjamin Orr of Brunswick, an able Federalist
lawyer and public man. It is said that Mr. Kent abhorred drudgery, and
was somewhat lacking in energy in his early work on a case, but that when
fairly engaged he was earnest, forceful and comprehensive. "While respect-
ing authority, he respected more the great principles on which authority
rests. His character was at once lofty and gentle. He hated covetousness
and meanness, but fully appreciated the refinements and enjoyments of
life. He was sociable by nature, and delighted in clean, quiet humor. He
took thought for the happiness of others as well as himself, and was among
the early opponents of liquor drinking and slavery."

He was thoughtful for others in small things as well as great. When
Governor he refused to accept a date proposed for Thanksgiving until
he had constulted an almanac to see if the moon would be full on that night.
He said that he remembered how he enjoyed when a boy the moonlight
rides which the young folks were accustomed to take on Thanksgiving
evening, and that he desired the boys and girls to still have that pleasure.
"In person. Mr. Kent was tall and impressive, his manners were affable
and courtly, as a speaker he was forcible and logical, but his style had
little of the brilliance or grace of the orator." He early entered political
life and represented the Bangor district in the Legislature, where he showed
himself a good speaker and lawyer and a faithful party man.

Mr. Kent did much better as a candidate than had his predecessor,
General King, but Governor Dunlap was again chosen, as both Whigs and
Democrats had expected. The vote stood: Dunlap 31,837, Kent 22,703,
scattering 148. Although it was a presidential year, the total vote fell off
nearly 8,000 from that of the year before; the Democrats lost between
13,000 and 14,000 votes and the Whigs gained some 6,000. In the Con-
gressional elections they ran the Democrats so close as to prevent a choice

"A reference to the charge that King had exported potatoes to Bermuda during
the embargo period and the War of 1812.
aTri. Argus, March n, 28, 1836.

THE JACKSONIAN EPOCH 223

in every district. The Democrats consoled themselves with the reflection
that there had been much factional fighting in the party, and that the State
was safe for Van Buren in November. Time proved their forecast correct,
at the presidential election Van Buren received 22,990 votes and Harrison
only 15,239.

During this year United States Senator Shepley resigned to become
a member of the Supreme Court of Maine. Governor Dunlap appointed
Judge Dana of Fryeburg to fill the vacancy until the Legislature should act.

Mr. Dana was then sixty-four years of age, and was probably chosen
because while a worthy and able man he would not be a candidate for
another term, and by appointing him Governor Dunlap would avoid giving
offence to influential men who aspired to the office. Mr. Dana was a grand-
son of General Israel Putnam. He was a native of New Hampshire, and
a graduate of Dartmouth in the class of 1795. In 1798 he settled in Frye-
burg and began the practice of law, being the first lawyer who settled within
the limits of what afterward became the county of Oxford. From 1811 to
1822 he was associate justice of the court of common pleas for that county.
He took an active part in the constitutional convention of 1819, had been
a member of the Council and Bank Commissioner. Willis says of him :
"He was a ready speaker, urbane and conciliating, but of unquestioned
firmness. In all public positions, he was true and faithful, and fully equal
to the demand upon him." In private life, no gentleman could be more
genial. Time and chance were never wanting with him to say and do kind
things to every one within his circle. In a large sphere of professional life.
Judge Dana could have acquired a more brilliant reputation, but he loved
the country and its retirement, and there chose to act his part, keeping
fresh, however, in the world's history, living and past. He died in Decem-
ber, 1845, a* the age of seventy-three, with a consciousness of having
endeavored to discharge the duties of life, and with a firm religious trust;
leaving a handsome estate, the fruit of his labor, his care, and judicious
management."

Governor Dunlap's appointment of Mr. Dana to the Senate was merely
temporary. The person to fill out Judge Shepley's unexpired term must
be chosen by the Legislature, and they elected Reuel Williams.

"Mr. Williams was born in Augusta, then a part of Hallowell, on June
2, 1783. He was educated at the common schools and Hallowell Academy,
and at the age of fifteen entered the law office of Judge James Bridge.
When nineteen he had earned $ 1,000 by copying documents, and was given
an interest in Judge Bridge's business, although he could not be admitted
to the bar until he was twenty-one. The business consisted mainly in the
management of real estate and the conduct of suits relating to titles to land,

"He could, however, be intensely partisan. His short term as Senator was marked
by several extremely Democratic speeches, in one of which he praised President Jack-
son in a most extravagant manner.

224 HISTORY OF MAINE

Judge Bridge being agent for the proprietors of the Kennebec Purchase. In
1812, Judge Bridge, having accumulated an abundant fortune, retired from
practice, leaving Mr. Williams in full receipt of the emoluments of their
large business. Up to this time, the arguing of law questions had been
chiefly performed by Judge Bridge, while the office duties and labors de-
volved mainly on Mr. Williams, who was compelled to throw his whole
strength into the work, in order to perform the routine of daily business.
His studies, therefore, necessarily ran to particular questions and pending
cases rather than to elementary works, and his learning as a lawyer was
more the result of a large practice, calling for the investigation of points
of law bearing on his own cases, than any arranged plan of study. He was
not, therefore, a man of extensive law reading, beyond the investigation
and preparation for argument of cases in court. This course of study gives
great sharpness and clearness of legal vision. He always argued closely
and logically without the forms of logic. His power of analysis and of
methodical arrangement was remarkable and contributed greatly to his
eminent success.

"In addition to his large practice growing out of the agency of the
Kennebec Purchase, he had the charge of the Bowdoin Lands, a very large
and valuable property, which he managed with admirable skill. He also
had a large miscellaneous practice in which the faithful discharge of his
duties was ever conspicuous. His addresses to the jury, as well as to the
court, were free from any attempt at rhetorical display, but remarkable for
power of condensation, concentration, and directness of argument, and,
though usually brief, were effective and convincing. He was so intensely
occupied in his professional labors for many years without time for study
outside them, that he was more a man of business than a man of books."
After twenty years devotion to the law he entered political life. He served
continuously in the Legislature from 1822 to 1829, both inclusive. In
politics Mr. Williams was at first a Federalist, when that party dissolved
he acted with the Republicans.

In 1829 Representative Peleg Sprague was elected United States Sen-
ator, and Mr. Williams and George Evans were each put forward as the
National Republican candidate for his vacant seat in Congress. On the
first election there was no choice, on the second Mr. Evans won. The
friends of Mr. Evans had accused Mr. Williams of being a Jacksonian.
Mr. Severance, the editor of the Kennebec Journal, had vigorously repelled
the charge, but, to his great mortification, Mr. Williams after his defeat
proved it true by openly going over to the enemy. It is said that he had
voted for Adams in 1824, but it would appear that his sympathies were
at one time with Crawford. Mr. Williams was reelected to the Senate
after the expiration of the remainder of Judge Shepley's term. He served
four years and then resigned. His work in the Senate had been creditable,
but he was better fitted for that of the bar. After leaving the Senate lie

THE JACKSONIAN EPOCH 225

became much interested in railroad building, taking an active part in un-
fortunate rivalries which divided the State. In 1861 he went to Washington
as joint commissioner with Vice-President Hamlin and John A. Poor, of
Portland, to request the general government to erect fortifications for the
protection of the coast of Maine. This was Mr. Williams' last public
service. He died at Augusta, on July 25, 1862, in the eightieth year of
his age.

He early acquired a fortune which he used in a large and generous
way. He devoted much time and money to the establishment of an excel-
lent line of stage coaches between Augusta and Bangor, and to the erection
of the Kennebec bridge and the Augusta dam. He gave $10,000 to the
building of the State Insane Hospital, and was for many years president
of its board of trustees ; he was for thirty-eight years a trustee of Bowdoin
College, and on his retirement presented it with $3,000. He took great
interest in all things pertaining to Augusta, and the prosperity of the place
is largely due to his efforts. He procured the holding of all the county
courts there and took an active part in the transference of the capital from
Portland. John A. Poor says:

"A striking trait in Mr. Williams's character was a habit of early rising,
commenced in boyhood, and continued through life. He was always
prompt at his post, whether at school, in his office, or other position. He
invariably took the earliest hours of the morning for the performance of
labor, and was thus enabled to accomplish more than others. By syste-
matic use of time, he achieved more, in the fruits of labor, than any one
known to me. He could sustain the most exhausting intellectual effort
without apparent fatigue. He had extraordinary powers of abstraction, sj
that he could give his mind fully to the investigation of any required sub-
ject, withdrawing his thoughts from other topics, till he mastered all its
details of fact and comprehended the principles involved; and then turn
his mind upon another matter equally difficult, without any confusion of
ideas or loss of perceptive power. When his mind had been called to
examine a question, he held on to it till he saw all its bearings and rela-
tions clearly and distinctly, and his mind never wavered or hesitated as to
its conclusions. These traits were early developed, and by this means hi
could readily dispose of a vast number of difficult questions, which ordi-
narily would embarrass and perplex men of less clearness of perceptioi
and less strength of purpose.

"This habit of doing a thing thoroughly and at the first, and so arrang-
ing all his books and papers as to lose no time in a confused search for
what he wanted, made him the remarkable business man that he continued
to be through life. He never allowed himself to add a column of figures a
second time, and never found himself, or was found by others, to -be
mistaken.

"To extraordinary energy, Mr. Williams united a large share of com-
mon sense. He had a well-balanced mind, with excellent judgment, with-
out any brilliant qualities of any sort. These gave him great success. His
influence with the jury was most remarkable, from the confidence felt in
his sincerity and the truth of his statements. He had the power of prc-

ME.— 15

226 HISTORY OF MAINE

senting such arguments and reasonings as would satisfy the common sense
and ordinary understandings of men. His sense of justice was always
predominant. In testifying to facts affecting his own interests, no one could
fail to see his exact regard for truth, and his anxious desire to give full
force to facts adverse to his own side of the case. Instances of this sort
are abundant and familiar to our courts and lawyers.

"He had no sympathy with persons infirm of purpose, or deficient
in energy and courage. He felt that success in this world was open to all
men alike, and he had no patience with a spendthrift or a sluggard, though
ready to help the unfortunate and deserving.""

Van Buren's inauguration as President was followed by a panic that
prostrated business throughout the country. The disaster was precipitated
by Jackson's famous specie circular requiring the purchasers of public
lands to pay for them in gold or silver, or in land scrip; that is, in govern-
ment certificates of a right to receive specified quantities of public lands.
The Whigs blamed the government for the panic, the Democrats blamed the
people; there was truth in the assertions of each, but the voters were far
readier to accuse the party in power than to recognize their own impru-
dence, and the Whigs profited accordingly. There were also State laws
which were very embarrassing to the Democrats. The small bill law of
1836 had proved a thorough nuisance ; now that the panic had driven
specie from circulation, it was totally impracticable and no one obeyed it.

An unfortunate political situation was not the only difficulty which the
Democrats had to meet in the campaign of 1837. Their candidate was a
burden rather than a help. Governor Dunlap, who was serving his fourth
term, declined a renomination and a State convention was held to nominate
his successor. The principal candidates were Colonel Gorham L. Parks of
Bangor, and Rufus Mclntire of Parsonsfield. On the first ballot the vote
stood: Parks 150, Mclntire 133, Johnson of Belfast 10, scattering 8; on the
second ballot Parks was nominated, receiving 167 votes to Mclntire's 137.
Mclntire immediately moved that the nomination be made unanimous,
saying that he was pleased by the support given him by his friends, but
much more so at the result of the contest. The motion for unanimity was,
of course, carried, and Colonel Parks in accepting the nomination said that
he had been chosen in preference to his dearest friend whose high character
gave him a much better claim, but that "if we have accidentally been made
rivals, we can never be otherwise than friends."

Nothing could be more sweetly harmonious, and it would seem that the
Democrats ought to have marched to battle cheerfully, shoulder to shoulder.
But the reverse was the case. Personally, Colonel Parks was a man to
conciliate and win opponents. A Bangor paper, the Eastern Republican,
which had favored Mclntire, promised its cordial support to the nominee
and bore testimony to his "most urbane and courteous manners and gentle-
manly deportment." In some respects he resembled his opponent and fellow-

"Poor, "Memoir of Hon. Reuel Williams, "Coll. Me. Hist. Society, I, 8:335-385.

THE JACKSONIAN EPOCH 227

townsman, Edward Kent, who had been renominated by the Whigs, but
he had less strength of character and solid worth. Judge Godfrey says of
him in his history of Bangor: "Colonel Parks was a gentleman of fine
personal appearance, of courteous bearing, and a popular speaker. He was
a lawyer, but more a politician than a lawyer. . . . He possessed con-
siderable literary tastes, but was a greater reader than worker. He pre-
ferred official life to office life."

Such a man can usually poll the full party strength but Parks was
unfortunate in his friends. Many of them were "young Democrats" whose
efforts to nominate their candidate had given offense to the older and more
influential members of the party. Many had formerly shown a readiness
to bolt, which now raised suspicion that they and their candidate were not
sound and loyal Democrats. Parks himself had once been a Federalist,
and the Whigs did not fail to point this out and accuse him of turning his
"oat to further his political ambitions. Many of his supporters, instead of
trying to make the past forgotten and unite the party, boasted that they
would put down the Argus and seize the offices for themselves and their
friends. Parks indeed announced that he would not favor any faction, but
this did not remove the uneasiness of the ruling clique. A call to support
the "regular" nominee might, however, have steadied the waverers, had it
not been discovered that Parks himself had been planning open revolt if
another Bangor Democrat, Mr. Hodsdon, were nominated. Six years be-
fore, Parks, in a legislative caucus, had quarrelled with F. O. J. Smith and
attacked him with such vigor and severity that it is said that for some time
Smith was ashamed to show his face in a caucus. He now took his revenge.
Senator Ruggles had written a letter in which he stated that Parks had
told him that if Hodsdon should be nominated he "would oppose his elec-
tion in every shape and form and at all times and places in which his oppo-
sition could be made to bear upon him," and that he (Parks) and his
friends would see to it that Hodsdon did not receive more than a fourth of
the usual Democratic vote in Penobscot county. Mr. Smith contrived to
have the letter read in a Democratic caucus, where, of course, it made a
most unfavorable impression. Henry Warren, of Bangor, affirmed that
he had heard Parks make a like threat.

William Emerson and one hundred others published a statement that
they did not believe that the convention at Augusta would have nominated
Colonel Parks had they known of these statements of his, and also that
Samuel Smith, a former Federalist, was actively supporting him, and they
declared that unless these matters were satisfactorily explained they could
not vote for Parks.

The unfortunate candidate had alienated the politicians. He also
offended the moral sentiment of the community where he lived. Governor
Dunlap had appointed Colonel Joshua Carpenter, a well known and rather
unscrupulous politician, sheriff of Penobscot. Colonel Carpenter had

228 HISTORY OF MAINE

enemies in both parties and they watched carefully to catch him tripping.
At last their opportunity came. He was arrested on a charge of adultery,
found guilty, and removed from office by the Governor. Colonel Parks had
acted as his counsel, and in the midst of the campaign he was charged with
saying that he would not have removed Carpenter, that no man ought to
be removed from office for the offense of which Carpenter was accused,
that he was a high-minded and honorable man, and that the law under
which he was convicted ought to be repealed.

Several respectable citizens of Bangor swore that they had heard
Colonel Parks use such language. On these grounds the Whig charged
him with favoring licentiousness. Parks replied that the latter charge was
utterly false, but he admitted that "knowing the prosecution of Colonel
Carpenter arose from personal and political causes, he 'very probably
remarked that he would not have been prosecuted but for political reasons,
and possibly that if the law was never put in execution but for the grati-
fication of private motives and not for the furtherance of justice or th:
punishment of crime, it had better be off the statute book.' " The Argus
made a vague denial of the Carpenter charges and accused one of the lead-
ing Whigs in the State of immorality, but this did not save Parks from
paying for his indiscreet language. A candidate is usually stronger than
his party in his own locality, but Parks polled less than the usual Demo-
cratic vote in Bangor. - Hodsdon, whose election Parks had declared he
would oppose with all his might even if he were regularly nominated, was a
Bangor man and had many friends in the city and county.

The fact that Kent, like Parks, was a resident of Bangor, prevented
the Democratic candidate from making the appeal to local pride which he
would otherwise have done; moreover, Parks had "never," says Judge
Godfrey, "particularly identified himself with the interests of the city."

When the ballots were counted it was found that Parks' ill-success in
his own town had prevented his election, though by a very narrow margin.
Kent received 34,358 votes, Parks 33,879, and there were 286 scattering,
mainly for F. O. J. Smith. The Democrats denied the correctness of the
returns. On the meeting of the Legislature, a House committee, a majority
of whom were Whigs, reported that Kent had a majority of the legal votes.
The Senate submitted to the Supreme Court the questions: Can evidence
be received to prove that the returns made by the selectmen are incorrect,
and if so, can parol evidence be admitted ? The judges answered that they
were unanimously of the opinion that the action of the selectmen was final.
They said that the letter of the Constitution gave no power to the Legis-
lature to go behind the returns and that the right could not be inferred by
any fair implication. The Constitution manifestly intended that there should
be a prompt organization of the State government, but should the final de-
termination of the election be left to the Legislature there might be great
delay. The court intimated that the Legislature was not well qualified for

THE JACKSONIAN EPOCH 229

verifying disputed facts "covering a broad field of inquiry, and involving
much of the law of evidence."

The court stated that as to the alleged danger of fraud or mistake,
it might be sufficient to say that this was a question for the framers of the
Constitution to determine, but that great trusts were imposed on the select-
men. The judges then spoke of these petty local magistrates in terms more
worthy of a Justice Shallow than of the highest judicial officers in the State.
They added, however, that they did not doubt the power of the Legislature
to satisfy itself that the returns came from persons legally qualified to make
them and were not forged, and that should the number of votes in a town
greatly exceed that of the lawful voters this would be evidence of forgery.
It would appear to a layman that the discrepancy would be evidence of
fraud, but not necessarily of forgery and that the court shrank from fol-
lowing its principles to their logical conclusion. The opinion was, however,
decisive of the practical question before the Legislature. The Whigs made
no effort to obtain an acceptance of the principles laid down in the report
of the House committee, and the Democrats acquiesced in the passage of a
resolution declaring Mr. Kent Governor.

The election of a Governor was not the only political battle of the
year 1837 ; there was also a sharp contest over the disposition of Maine's
share of the "surplus revenue." By the close of Jackson's administration
a large amount of money had accumulated in the national treasury. The
Whigs had been trying for some time to distribute the proceeds of the
public lands among the States, but the opposition of the Democrats defeated
their plans. In 1833 a distribution bill passed Congress, but President
Jackson killed it by a pocket veto. In 1836, however, he approved a law
providing that the money in the treasury on January i, 1837, in excess of
$5,000,000, be "deposited" with the States in proportion to the number of
their Representatives in both houses of Congress. The deposit was to be
made in quarterly instalments, and was subject to recall at the pleasure
of the Secretary of the Treasury. The intention was to make a present
to the States, but the law provided for a deposit to satisfy the scruples of
some Senators and Representatives who denied the constitutional right of
Congress to give away the public money.

In Maine there was a sharp dispute over the us* to be made of her
part of the "loan." The Whigs urged that it be used for some public
purpose, the Democrats demanded that it be divided among the people.
They claimed that money for public purposes should be obtained by tax-
ation, even- man would then contribute according to his means, but if
the surplus were spent in this manner instead of being divided per capita.
then the rich man paid no more than the poor man, each lost the same sum.

The Legislature voted that the money be divided among the towns and
plantations, according to population, care being taken that residents in
unorganized territory should receive their share. The towns and planta-

230 HISTORY OF MAINE

tions were permitted to use the money for any purpose for which money
raised by taxation might be used or to loan it on ample and safe security.
They were also allowed to let it remain at their own risk in the treasury,
the State loaning it for them and paying them the interest received. The
towns and plantations were bound to return the principal they had received
should the United States recall the deposit.

The struggle was now transferred to the towns. Various towns voted
to distribute the money, but their right to do so was denied. A test case
was made and taken to the Supreme Court. The court decided, Judge
Shepley writing the opinion, that money raised by taxation could not be
divided among the inhabitants, and that the towns were only allowed to use
the money as they would proceeds from taxes. To an argument that the
selectmen had no right to question the orders of the town whose agents
they were, the court replied that they were not obliged, and indeed had no
right to obey an illegal order." But the people were determined not to lose
their gratuity, and in the following winter the Legislature released the
towns from any obligation of returning the "deposit," and permitted them
to divide it among the inhabitants.

In 1838 the House was Whig, and the Senate Democratic, both by
small majorities, while the election for Governor had been so close that it
was alleged that a fair and legal count would have changed the result. It
was natural, therefore, that political feeling should run high. Governor
Kent made numerous changes among the office-holders, and the Democrats
declared that notwithstanding the horror at partisan removals, formerly
expressed by the Whigs, they now removed every Democrat they could
reach, except when they could not agree among themselves as to who should
have his place. The Democrats also accused Governor Kent of being a
mere automaton, of taking the orders of a legislative caucus instead of
making nominations himself as other Governors had done.

The principal difference between the parties in matters of legislation
arose over the small bill law. All agreed that at present it was unworkable
and a nullity. The Whigs declared that their original opposition had been
justified by the results of the act, presented numerous petitions against it,
and in the name of the people demanded an immediate repeal. The
Democrats answered that the law had worked well until the suspension of
specie payment by the banks, that if it had not been passed there would
have been "$600,000 to $800,000 more of paper money in the State," and
that, notwithstanding the great efforts of the Whigs, only five thousand out
of seventy or eighty thousand voters had been induced to sign petitions.
The Democrats proposed that the law should be kept in force so far as it
related to banks out of the State, but that the Maine banks should be
exempted from its operation until the resumption of specie payments. A
compromise was finally agreed on, and a bill was passed suspending the

"Hooper v. Emery, Maine Reports, XIV, 375.

UOV. FAIKFIELD

THE JACKSONIAN EPOCH 231

act for two years." In 1840 it was suspended until the Legislatures of New
Hampshire and Massachusetts should pass laws similar to that of Maine,
and as they never did the new act, though technically a suspension, was
practically a repeal.

Notwithstanding differences in the Whig camp over appointments, Gov-
ernor Kent was renominated without opposition. Colonel Parks wisely
declined being a candidate again, and was rewarded by the office of United
States Marshal of Maine.

A convention was held at Augusta to select the Democratic nominee,
and the men who had been thrust aside the year before were now very much
in evidence. The Argus said that it was "in the highest degree satisfying
and encouraging to see so general an attendance of the older members of
the party — of the venerable Sachems, whose judicious counsels in times past
have led to so many substantial triumphs."" The Whigs declared that the
convention was made up of office-seekers, office-holders, and men lately re-
moved from office, not of the honest yeomanry, and that it was managed by
the politicians in a way which disgusted the people of the interior of the
State. There were two candidates — Rufus Mclntire of Parsonsfield, who
had been strongly supported for the nomination the preceding year, and
John Fairfield, of Saco. But one ballot was taken, and that seemed hardly
necessary; Fairfield received 311 votes and Mclntire 17. Mr. Mclntire was
a loyal Democrat, with much experience in public life, and a man of excel-
lent character. He had served four terms in the National House, and it is
difficult to understand why he made so poor a showing. He was an elderly
man, moderate in his views, and may therefore have been regarded as be-
hind the times by some of the young and radical members of the party.
What was more important, he had the managers against him, not only the
"old sachems" but the younger ones as well. Hannibal Hamlin, who was
now becoming prominent in State politics, had organized Eastern Maine for
Fairfield, with whom he was personally well acquainted and of whose char-
acter and ability he had a high opinion. Nathan Clifford of Newfield,
another rising young Democrat, also worked unremittingly for Fairfield
It was alleged that Mr. Clifford buttonholed every delegate to the conven-
tion as soon as he arrived and did his best to win the new comer. This
zeal was by no means unselfish. The Newfield lawyer wished for Fair-
field's seat in Congress and the only way to make a vacancy was to get him
elected Governor.

Mr. Fairfield was born in 1797; he served on a privateer in the War
of 1812, afterwards engaged in business and then became a lawyer. From
June, 1823, to October, 1835, he was reporter of the decisions of the Su-
preme Court, and he was completing a second term in the National House
of Representatives when he was nominated for Governor. From the Gov-

"Tri. Argus, Feb. 5, 28, March 9, 12.
"Tri. Argus, June 25, 1838.

232 HISTORY OF MAINE

ernorship he passed to the United States Senate but died after four years'
service.

There was a third candidate, F. O. T. Smith, the Representative in
Congress from the Cumberland district, who was nominated by the "Con-
servatives." President Jackson's removal of the deposits from the United
States Bank had not been cordially approved by nil who consented to sup-
port it. James Buchanan and George M. Dallas of Pennsylvania had only
given their adhesion at the last moment, and the Secretary of War, Gen-
eral Cass, would probably have resigned had not the President publicly
assumed the whole responsibility for the removal. Van Buren was no
Jackson to compel reluctant followers to marck to the tune he chose to
call, and he had gone a step farther than Jackson in his anti-bank policy.

The failure of many State banks and the loss of large sums of public
money deposited with them had caused the President to urge the passage
of a "sub-treasury bill" providing that the government should keep its
money in buildings of its own in various parts of the country. The friends
of State banks that had been or hoped to be public depositaries, criticised
the new plan, and Democrats who felt that it was the duty of the gov-
ernment to regulate the currency strongly opposed "the divorce of bank
and State." An actual revolt broke out, led by Senator Rives of Virginia
and Senator Tallmadge of New York, and among their followers were Sen-
ator Ruggles and Congressman Smith of Maine. The dissenting Democrats
took the name of Conservatives. In Maine a number of Conservatives met
in convention at Bangor and nominated F. O. J. Smith, who was then in
Europe on business, for Governor. The Bangor Democrat declared that
the convention was a Penobscot and bank affair, that not more than ten of
the sixty or seventy members lived out of Penobscot county, that nineteen
of the delegates were directors or officers of banks, and that eight banks
were represented by nineteen of their officers."

The candidate was as open to criticism as the convention. He was
not, indeed, lacking in industry, ability or experience in public life. But
his character was that of the typical "politician." It was said of him that
he appealed to the lowest motives and that he resembled General Benjamin
Butler of Massachusetts. In following Smith through his varied political
alliances one is reminded of what Lowell said of Caleb Gushing:

"General C. is a drefful smart man
He has been on all sides for power and pelf
But consistency still wuz a part of his plan —
He's been true to one party, and that is himself."

Mr. Smith is reported to have made a joke of his frequent passing
from one party to another. It was stated that he said in a campaign speech
for Fremont, "You may think that I have been somewhat erratic in my
political course, but I have always been careful of one thing, to be on the

"Quoted in Tri. Argus, Aug. 3, 1838.

THE JACKSONIAN EPOCH 233

winning side, and as I now support Fremont you may be sure that he will
be elected."

Smith had the support of several newspapers, including the Frankfort
Intelligencer, the Lincoln Intelligencer, and the Eastern Republican (Ban-
ger). The Democrats abused the Conservatives as traitors; the latter re-
torted by calling themselves "unchanged Democrats," quoted from Jackson
and Benton to prove the danger of giving the President control of the
money of the country, and asserted that they were taking the safe middle
course between a monster bank and a despotic treasury, and that only such
action could save the Democratic party from ruin.

Another issue was the once famous Graves-Cilley duel. Early in the
spring Maine had been shocked by the news that one of her Representa-
tives at Washington had been killed in a duel with another member of the
House. Indeed, the whole country was stirred, for the circumstances were
such as to arouse party and sectional feeling as well as moral indignation.
Matthew L. Davis, a well-known newspaper correspondent, had said in a
letter to his paper, the New York Courier and Enquirer, that he could prove
that a member of Congress had offered to sell his influence with a depart-
ment, and had declared that "things do not go here by merit but by pulling
the right strings ; make it my interest and I will pull the strings for you."
The editor of the Courier, James Watson Webb, vouched for the character
of his correspondent and demanded an investigation. Representative Wise
of Virginia moved that an investigation committee be appointed. There
was a sharp debate in which Mr. Cilley, of Maine, clashed with Represen-
tative Wise, and spoke severely of the character of Webb. Davis was
called to the bar of the House, and stated that the person he had referred
to was not a member.

Shortly afterward, Senator Ruggles, of Maine, published a statement
that he had been informed that he was the member against whom Davis
had made his charge. He stated that he had rendered purely legal services
in preparing an application for a patent, that he was promised a quarter-
interest for doing so, but that the papers, though drawn, were not executed,
and that he had never received any compensation. At his request the Sen-
ate appointed a committee of investigation which exonerated Ruggles, and
their report was accepted by the Senate.

Meanwhile Webb, after waiting eight days, came to Washington and
sent a challenge to Cilley, which the latter refused to receive. The bearer,
Representative Graves, of Kentucky, demanded that Mr. Cilley say in writ-
ing that he did not decline the challenge because of any personal exception
to Mr. Webb as a gentleman. Mr. Cilley refusing to make any statement
in regard to Webb's character, Graves sent him a challenge through Repre-
sentative Wise. Cilley accepted it and named rifles as the weapons. The
meeting took place and two shots were exchanged without either party
being injured. After each exchange, attempts were made to effect an

234 HISTORY OF MAINE

accommodation, but unsuccessfully. Mr. Cilley was perfectly ready to
express, as he had already done, esteem and respect for Mr. Graves, but
insisted on saying that he did not choose to be drawn into any controversy
with Mr. Webb. At the third fire, Cilley was shot through the femoral
artery and died immediately.

The news of the duel was received in Maine with an outburst of anger
from the Democrats. The Argus headed its account, "Murder Most Foul."
In a much italicized and capitalized article it declared that "A Republican
representative from our State has been basely murdered by an acknowledged
leader of the Federal party in pursuance of a combination against his life,
and for a faithful and conscientious discharge of his public duties." It
asserted that Cilley's life had been sacrificed in pursuit of a settled policy
"that those who can not be intimidated must be silenced.." "Do we live,"
it asked, "in a government of laws? If not, let us know it. If yes, then
let those laws be executed. Let the murderers be brought to trial, and
from their trial to the gallows. A National Government which will not
protect the Northern members of Congress in the fearless discharge of their
duty is not worth preserving. New England should never humiliate herself
by being represented in any body which ruffians like Wise and Graves are
permitted to disgrace. The North, depend on it, will not submit to have
her representatives shot down like dogs, by the trained assassins of any sec-
tion of the country."

A little later the Legislature requested the Maine Senators and Rep-
resentatives to use their efforts that the investigation of the circumstances
of the duel be not abandoned until all the facts were ascertained and
reported, and stated that if any Senators or Representatives were impli-
cated in a conspiracy which led to Cilley's death, they should be expelled.
The Legislature also expressed its abhorrence of duelling and requested
the Representatives of Maine in Congress "to give their united support to
the establishment of such laws, legislative and conventional, as may pre-
vent the recurrence of such melancholy events as that which has recently
clothed our State in sorrow."

That the killing of Cilley should be regarded as a murder in Maine
is not strange, but the same term was applied to it by Andrew Jackson.
He said in a letter to President Van Buren, "I cannot write on the murder-
ous death of poor Chilley (Cilley). If Congress does not do something to
wash out the stain of the murdered blood of Chilley from its IValls, it will
raise a flame in the public (word erased?) mind against it not easily to be
quelled. Chilly was sacrificed."1'

A like view was taken by his friends. Nathaniel Hawthorne, who had
being a classmate and an intimate of Cilley at Bowdoin, said in a sketch of
him : "A challenge was never given on a more shadowy pretext ; a duel was
never pressed to a fatal close in the face of such open kindness as was

"Van Buren MSS. Jackson to Van Buren, March 26, 1838.

THE JACKSONIAN EPOCH 235

expressed by Mr. Cilley; and the conclusion is inevitable that Mr. Graves
and the principal second, Mr. Wise, have gone further than their own
dreadful code will warrant them, and overstepped the imaginary distinc-
tion which, on their own principles, separates manslaughter from murder."

Cilley himself appears to have believed that the challenge did not really
come because of wounded "honor." Colonel Schaumbourg of Pennsylvania,
who acted as one of Cilley's friends, that is, assistant seconds in the duel,
stated that Cilley said to him, "Mr. Graves has taken upon himself to de-
mand of me to say, and that in language dictated by himself, that James
Watson Webb is a gentleman and a man of honor. Now that is what I
am not going to disgrace myself by saying. I see into the whole affair.
Webb has come on here to challenge me because he, and perhaps others,
think that, as I am from New England, I am to be bluffed, and Mr. Webb
will proclaim himself a brave man, having obtained an acknowledgment on
my part that he is a gentleman and a man of honor. But they have cal-
culated without their host. Although I know that the sentiment of New
England is opposed to duelling, I am sure that my people will be better
pleased if I stand the test than disgrace myself by humiliating concessions.
(Surely there was no need either of fighting or making concessions. Cilley
might have sent to both Webb and Graves a dignified refusal to accept a
challenge.) Sir, the name I bear will never permit me to cower beneath
the frown of mortal man. It is an attempt to browbeat us, and because
they think that (and they think that because) I am from the East I will
tamely submit."

It will be observed that the affair of the duel was made a party mat-
ter. The Democrats claimed that the Whigs, the allies of the Bank, wished
to remove a man whose powers they feared. The Whigs replied that Sen-
ator Williams of Maine knew that a duel was to take place and should have
had the principals arrested, and they declared that Cilley's friends believed
he would win and that they looked forward with triumph to what they
considered a certain victory.

The view of those who were not partisans and who abhorred duelling,
was expressed in a Fast Day sermon by the Rev. Mr. Maltby of Bangor.
He said : "Shame ! Shame ! The Congress of the United States have gon-;
into adjournment, have put on crape for thirty days; and are honoring
with a public burial, a man who died in the act of murder, setting at naught
the laws of God and man. And as if that were not enough, they are
cherishing, as members of their body, the men who were parties in the
assassination." Mr. Maltby might have mentioned when lamenting the
action of Congress as a national disgrace, that the Supreme Court of the
United States, while expressing respect for Cilley and sincerely deploring his
untimely death, refused to attend in their official character, the funeral of
one who had fallen in a duel.

None of the survivors of the affair suffered any punishment save that

236 HISTORY OF MAINE

of censure formally or informally expressed. The House of Representa-
tives appointed an investigating committee which reported that "it is a
breach of the highest constitutional privileges of the House, and of the
most sacred rights of the people in the person of their representatives,
to demand in a hostile manner an explanation of words spoken in debate,"
but an attempt to expel all the Representatives concerned in the affair
failed."

The slaver)' question was brought into the gubernatorial campaign, and
both sides attempted to win the anti-slavery men. The Whigs accused Fair-
field of being a Northern man with Southern principles. The Democrats
charged Kent with attending an anti-abolitionist meeting

The fishing bounties also played a part in the struggle for votes. The
Whigs asserted that a revenue cutter was cruising along the coast, and that
the officers were telling the fishermen that the Whigs wished to take away
their bounty and that therefore they should vote for Fairfield for Governor
The Whigs replied that not the State, but Congress, gave the bounty, and
that they would not take it away if they could.

The campaign was not free from personalities. The Whigs declared
that Fairfield was a young, inexperienced loco-foco, that he had failed as
a merchant, and had done poor work as reporter of the decisions of the
State's Supreme Court. Kent was accused of proscribing his political oppo-
nents, of being a man of no independence of character who obeyed, now
the demands of old blue-light Federalists, now those "of an irresponsible
cabal of office-seekers." The Argus said that Kent's father was a strict
Federalist, and that the son had been educated in Harvard, the high school
of Federalism, where his rank was hardly up to mediocrity, that after grad-
uation he was placed in the office of Chancellor Kent. "Of course he came
out a well read lawyer and a thoroughly imbued Federalist." The Argus
was kind enough to "damn with faint praise" by adding, "as a lawyer, Mr.
Kent has been very respectable, and somewhat popular."

When election day came, a much larger vote was thrown than had ever
been cast in the history of the State, and the Democrats won by a majority
of about 3,000 in a total vote of 89,599. The vote was given officially as,
Fairfield 46,216, Kent 42,897, 846 scattering.

The Kennebec Journal and the Bangor Whig expressed mortification
at their defeat, which they attributed to corruption. Various papers out-
side the State, the Boston Mercantile Journal, the Boston Atlas, and the
New York Courier and Enquirer, praised the Whigs for the good fight
which they had made. The Boston Advertiser said that the Whig defeat
had caused great disappointment throughout the country, but that such a
feeling was unreasonable. The year before, the victory came as a surprise

"Horatio King, "History of the Duel Between Jonathan Cilley and William
Graves," Coll. Maine Hist. Soc., II :III, 127-148.
"7V». Argus, June 22, 1838.

THE JACKSON I AN EPOCH 237

and the Whigs expected that a greater triumph would follow, forgetting
that in 1837 the Democratic candidate was unpopular.

The year 1839 was a very quiet one politically. In the election of
councillors special attention would seem to have been paid to the claims of
the clergy. The Bangor Whig prophesied that, "The present Council will
certainly be a pious if not an able one, as it contains three reverend per-
sons."

On December 4, 1839, the Whigs held their national convention at
Harrisburg. Probably the majority, both of the convention and the party,
desired the nomination of Henry Clay, but some of the shrewdest of the
political managers believed that he was not the best man to weld together
the very heterogeneous opposition to Van Buren, and by skillful manipula-
tion the convention was induced to nominate General Harrison, the prin-
cipal Whig candidate in the North in 1836. John Tyler of Virginia, a
man of the strict State's Rights school, was named for Vice-President, and,
as the Whigs could agree on no principle except that of opposition to Van
Buren, they wisely adopted no platform. It was a triumph of what Daniel
Webster afterward called the "sagacious, wise, far-seeing doctrine of
availability."

The nominations were well received in Maine, where that doctrine had
long been preached. As far back as the summer of 1837 the Whig had
objected to a local and premature nomination, even of Webster, saying that
union and concession were needed, and that the selection of a candidate
should be left to a national conveniton. A correspondent wrote that there
should be a convention, where the delegates could compare notes and unite
on a man. The enemy, he said, would attempt to divide them first on the
question of a candidate, and second on that of the annexation of Texas
and abolition, but he believed that they would fail. "Our first object is
to save the country from utter ruin — to drive out the hienas (sic) from the
capital." In the following winter the Whig had objected to a nomination
by the Whigs of the Legislature, saying that they had not been elected as
Clay men or Webster men, that the subject should be referred to a national
convention.

A Whig convention of Washington county praised the work done at
Harrisburg, in language of somewhat startling frankness. It declared its
hearty approval of the choice of Harrison and Tyler, and resolved, "that
these nominations were made by a convention composed of judicious and
patriotic citizens, — they were the result of a spirit of conciliation and com-
promise, and an earnest desire to place before the country such names as
would assure the largest amount of popular support."

The Democrats held their convention at Baltimore on May 4, 1840.
President Van Buren was renominated, unanimously. A majority of the
convention was in favor of also renominating Vice-President Johnson, but
so bitter was the opposition to him in some quarters that it was finally

238 HISTORY OF MAINE

agreed to leave the selection of a candidate for Vice-President to the Demo-
crats of the several States, trusting that before the election they would be
sufficiently united to secure a choice by the Electoral College.

It was a mortifying situation, but less so than that of the Whigs. Their
convention had adopted no platform, though it voted to raise money. The
Argus pithily remarked: "In money and in machinery it had implicit con-
fidence, but no faith in its principles."

The campaign of 1840 was the most boisterous in American history.
The Whigs, generally speaking, were afraid to advocate specific measures
except perhaps the repeal of the sub-treasury bill, so they resorted to spout-
ing, demagogism, and abuse of their opponents. The Democrats played
into their hands. They sneered at Harrison, and a Democratic paper in
Baltimore published a letter stating that a Clay man had said, after the
Whig nomination, "Give him (Harrison) a barrel of hard cider and settle
a pension of $2,000 a year on him, and my word for it he will sit the
remainder of his days in his log cabin, by the side of a sea-coal fire, and
study moral philosophy."

The Whigs fathered the saying on the Democrats, and declared that
their candidate was a man of the plain people whom his aristocratic oppo-
nents scorned for his simple way of living. A like argument in behalf of
Harrison had been used in Maine before his nomination. After the sneer
about hard cider and log cabins, it was repeated again and again. There
were monster meetings, and parades with imitation log cabins and very real
hard cider. The country districts were urged to vote for "the honest old
farmer of North Bend,"22 and Van Buren was accused of living in a mag-
nificently furnished palace, eating out of gold spoons, and wearing English
broadcloth. The Democrats replied that Harrison was no farmer, in the
true sense of the word, that he did not live in a log cabin but in a fine
house, and that he had been a salaried office-holder for most of his life.
In order to alienate church members affidavits were published that Harrison
had been guilty of gross profanity. His friends called him the Hero of
Tippecanoe, and boasted of his defense of Fort Meigs and his defeat of the
British and Indians at the Thames in the War of 1812. The Democrats
replied that he had chosen a most exposed position for his camp at Tippe-
canoe, and that the Indians had surprised him there. They also accused
him of making serious blunders in the War of 1812, of being responsible
for the massacre at the river Raisin, and for the disaster to a force which
attempted to relieve Fort Meigs, and they said that the real hero of the
Thames was Vice-President Johnson, whose mounted regiment broke the
enemy's line in a daring charge, and who, unlike Harrison, headed his men.

General Harrison's civil as well as his military record was bitterly

"The Kennebec Journal had said: "There may be a few silk stocking Whigs of
the old Federal school, who can not bring their minds to call the honest old farmer
of Ohio to the Presidency." Quoted in Argus, Oct. 16, 1839.

THE JACKSONIAN EPOCH 239

attacked. He was said to have worn the black cockade of Federalism
under John Adams' administration, to have approved as territorial governor
a law by which poor debtors and men guilty of trivial offenses might be
sold into temporary slavery and be whipped if they ran away, and to have
signed another law confining the right of suffrage to men possessed of fifty
acres of land. The Democrats proudly contrasted this record with that of
Van Buren in the New York Constitutional Convention of 1821, where he
earnestly advocated the removal of a limitation of the right of voting to
owners of land of the value of $250 at least. The Democrats also ridiculed
"old granny Harrison," the candidate with a padlock on his mouth, and
declared that to prevent him from saying anything indiscreet a committee
had taken control of him, that they wrote his letters, and would not even
allow him to get his own mail from the post office.

The Whigs denied some of the charges and attempted to explain away
others. Though Van Buren, when a member of the New York conven-
tion, had opposed a freehold qualification for voters, he had in the same
speech spoken very forcibly of the evils of manhood suffrage, and the
Whigs now gleefully quoted his language as proof of his aristocratic senti-
ments. They also had much to say concerning a speech of James Buchanan
in which he was alleged to have said that a wage of ten cents a day was
enough for a workingman.

But the Whigs of Maine did not wholly confine themselves to personal
assaults. The great speech of their campaign was delivered at Portland
by Sergt. S. Prentiss, who was born and educated in Maine, but who had
moved to Mississippi, where he won a national reputation as an orator. Mr
Prentiss spoke for three hours, but held his audience to the end. He
devoted a considerable part of his speech to a defense of a bank system,
arguing that though liable to abuse, banks are very useful institutions.

Mr. Poinsett, Van Buren's Secretary of War, in one of his annual
reports had submitted a plan for the organization of the militia which
gave great authority to the national government. The Whigs declared that
Poinsett's plan, combined with the sub-treasury law, would place both the
purse and the sword in the hands of the President; and they contrasted
the scheme with a proposal concerning the militia which had been drawn
up by Harrison, and which left much more power to the States. The
Democrats found this attack a difficult one to meet, but they attempted to
prove that Poinsett's recommendations were merely his own personal
views, and that the President was in no way responsible for them.

Each party accused its opponent of employing unworthy methods. A
Farmington paper said that the Whig ladies were wearing little gold cider
barrels on their bracelets and watchguards, and that it feared that this
would result in their all becoming intemperate. The Saco Democrat bade
its political brethren "Organize. Imitate the zeal, but not the malignity
of your opponents. They keep their spirits up by pouring spirits down.

24o HISTORY OF MAINE

Let the Democrats gather inspiration from a good cause."" Another paper
said that rank Federalists (Whigs) and ranker Conservatives were button-
holing Democrats from the country and telling them that they had for-
merly voted for Van Buren and Fairfield, but that they now felt compelled
to abandon them, or that they should vote for Fairfield but that they con-
sidered Harrison a better Democrat than Van Buren.

On the other side, the Bangor Whig printed an extract from a cir-
cular of the Democratic Central Committee. It ran : "Are there any at
present wavering? If so, please state the number and the cause which have
led them to doubt, also as far as practicable name the individuals." The
Whig stated that it had been informed by a friend in a neighboring town
that from one to three office-holders had come out from Bangor to put
pressure on a wavering Democrat.

The candidates for Governor were Kent and Fairfield, as in the pre-
ceding year. The vote was so close that the result was doubtful. The
official returns, however, gave Kent 45,574, Fairfield 45,507, 98 scattering.
As neither candidate had a majority, there was no choice by the people,
and the election went to the Legislature, where it was known that the Whigs
would be in control. Mr. Kent's election was therefore assured, and the
Whigs throughout the country expressed the greatest joy because they had
"carried" Maine. They had a very famous and very poor campaign song,
"Tippecanoe and Tyler too." Two of the verses, one at least added after
the September election, ran :

Now, who shall we have for our

Governor, Governor?
Who? Tell me, who?
Let's have Edward Kent, for he's a team

For Tippecanoe and Tyler, too ;

Tippecanoe and Tyler, too,

And with them we'll beat little Van, Van;

Van is a used up man ;
And with them we'll beat little Van !

Oh, have you heard the news from Maine?

Maine, Maine?
All honest and true,

She's all for Kent and seven thousand gain,
For Tippecanoe and Tyler, too!
Tippecanoe, etc."

The Democrats in Maine were much disappointed by the defeat of
Fairfield, but they made a gallant attempt to rally for the presidenti.'.l
election. The Democratic members of the Legislature issued an address
which began: "The result of the late election has been to all a source of
mortification and chagrin. Our partial defeat, however it may have been

"Quoted in Tri. Argus, July 12, 1840.

"The printed versions differ slightly and tradition has given the last verse as

Oh, have you heard how old Maine went?

She went hell-bent for Governor Kent,

And Tippecanoe and Tyler, too !

THE JACKSONIAN EPOCH 241

brought about, should now engage our attention, only so far as it may
serve to throw light upon the future and guide us in the way of duty.
Crimination and recrimination can do no good. If all have not done then
duty, the approaching election affords ample opportunities for amends.""

The circular proceeded to state that the Whigs had triumphed by
means of fraud, slander, and money, probably supplied from a British
source ; that the Whigs favored an assumption of State debts, a splendid
and extravagant system of internal improvements, a high tariff for pro-
tection, and a United States Bank.

The efforts of the Democrats, however, were unavailing, and in
November Harrison carried Maine by 411 majority, and swept the country.
Out of twenty-six States, only seven chose Van Buren electors. The Argus
expressed astonishment at the result and reproached the South for desert-
ing its friends. "The battle is over," it said, "and Hard Cider is trium-
phant. We have not anticipated this result, and record it now with feel-
ings of perfect amazement. It will be looked back to hereafter, we believe,
as the most remarkable event in the history of the Republic."

The South, said the Argus, knew that the Democrats had been of old
its natural allies. "They had stood in the breach battling manfully for
Southern rights, at the imminent hazard of their own popularity and
expected, at least, that if their party was sacrificed, the South would not
strike the fatal blow.""

The Augusta Age declared that the Whigs brought men who voted in
Massachusetts to vote again in Maine, and that could they have been kept
out, Maine would have given Van Buren a thousand majority. "We repeat,
Maine is still a Democratic State! A majority of her legal voters are still
unseduced and unterrified."

The election for Governor in 1840 was so close that both parties were
unwilling to admit that there had been no choice. The Democrats stated
that twenty-eight votes had been cast for Hannibal Hamlin for Governor,
that this had been done under the impression that he was the party candi-
date for Governor, instead of for Congress, and that a correction of this
error, with other changes that should be made, would give Fairfield a
majority. The Whigs also believed that certain returns were invalid, and
it is said that some wished to have the Legislature declare Kent elected by
the people, but more prudent counsels prevailed. The report of a joint
committee that there was no election was acquiesced in, the House sent to
the Senate the names of Kent and Fairfield, and the Senate elected Kent,
Governor.

Mr. Ruggles' term in the United States Senate was about to expire
and the Whigs sent their strongest man to fill the vacancy, George Evans.

"Tri. Argus, Oct. 7, 1840.

"Quoted in Tri. Argus, Nov. 16, 1840.

ME.— 18

242 HISTORY OF MAINE

Mr. Evans was born in Hallowell on January 12, 1797. He graduated
from Bowdoin in 1815 and began the practice of law in Hallowell in 1818.
He won high distinction at the bar and has been called the best criminal
lawyer of his time in New England. Of this part of his career an eminent
Boston lawyer said :

"So large a part of Mr. Evans' professional life was devoted necessarily
to the discharge of public duties, that it was impossible for him to indulge
his taste for the study of the law to the extent he would have done under
circumstances more propitious. Yet he was a great lawyer, as his friend
Mr. Webster was a great lawyer. He always had law enough for his case.
He was endowed with a marvellous quickness of perception, and he had
the power of applying his mind to the matter in hand, to the utter exclusion
of all others, which perhaps more than any other faculty marks the great
man or great advocate. He saw at a glance the point upon which his case
was to turn, and to this point he directed all his energies. He never mis-
took an enemy's outpost for his citadel. In clearness of statement, in com-
pactness of argument, and in copiousness of illustration, he had few equals.
However complicated or important the cause in which he was engaged, no
one who listened to him was ever heard to suggest that his effort was not
equal to the occasion, or that he had failed to present a single consideration
which might have rendered his success more certain. In the trial of jury
causes, his tact, knowledge of men, sound judgment and practical common
sense were conspicuous. He resorted to no tricks. He was careful not to
prejudice his client's cause by badgering or browbeating his adversary's
witnesses. He conducted throughout as if he felt he was there to secure
the interests of his client, not to amuse the crowd ; and bound to do his
utmost to accomplish this object consistent with honor and honesty, and
equally bound not to transcend this limit. When he addressed the jury he
made his appeal to their reason, never to their passions or prejudices. He
seldom indulged in rhetorical display, and when he was eloquent (in the
popular sense), it was because he could not help it. Few advocates have
possessed in an equal degree the power of reconciling evidence apparently
conflicting, or of educing order out of chaotic complications."

Much of Mr. Evans' life was given to politics. He served in the Maine
House from 1826 to 1829, both inclusive, and the last year was Speaker.
The election of Representative Sprague to the Senate left a vacancy in the
National House, to which Mr. Evans was elected, defeating Reuel Williams
in a hard fought contest. He was re-elected six times, but before taking his
seat for his seventh term he was chosen Senator. In both the House and
Senate he was highly distinguished as a speaker and debater, and for his
knowledge of financial affairs. Henry Clay declined the position of chair-
man of the committee on finance at a time when the tariff must be settled,
alleging as his reason that Mr. Evans knew more about the tariff than any
man in the United States. In 1846 Daniel Webster called a speech of Mr.
Evans incomparable, and said that "he has devoted himself especially to
studying and comprehending the revenue and the finances of the country,
and he understands that subject as well as any gentleman connected with

THE JACKSONIAN EPOCH 243

the government since the days of Crawford and Gallatin, nay, as well as
either of these gentlemen ever understood it."

While in the House he had a sharp tilt with John Quincy Adams over
the conduct of Webster in regard to the failure of a fortification bill when
a war with France was threatened, and won the rare distinction of holding
his own and in the opinion of some of having the best of the encounter.

Mr. Evans' closing years cast a shadow on the achievements of his
youth and middle age. His term in the Senate expired in 1847, and the
Democrats being in control of Maine, he failed of re-election. Political
jealousy and a feeling against him because of his action in securing the
ratification of the Ashburton Treaty, which determined the Canadian boun-
dary in a manner most unsatisfactory to Maine, prevented his receiving a
Cabinet position under General Taylor, although he was given a minor office.
He resumed his practice at the bar, and took an active part in the building
of the Kennebec railroad. He cordially supported the compromise of 1850,
and even the Kansas-Nebraska bill could not drive him from his old con-
servative position. In 1853 and 1854 he had accepted the office of Attorney-
General of Maine, a conservative Whig being Governor, and he held it in
1856 as a member of the coalition administration of Governor Wells. After
the Civil War and the abolition of slavery, his conduct in the fifties greatly
injured his reputation. Mr. Evans died in Portland, April 6, 1867.

The Democrats left to their successors for settlement a question of
constantly growing seriousness, the determination of the northeastern
boundary of the United States.

Chapter X

THE

NORTH-EASTERN BOUNDARY CONTROVERSY

1783-1842

CHAPTER X

THE NORTH EASTERN BOUNDARY CONTROVERSY, 1783-1842

By JOHN FRANCIS SPRAGUE,
Editor of "Sprague's Journal of Maine History"

At the termination of the American Revolution a provisional treaty
was concluded between the United States and Great Britain at Paris, No-
vember 30, 1782, and adopted and proclaimed by order of the Continental
Congress, April n, 1783. The definitive treaty between the two powers was
concluded at Paris, September 3, 1783; ratified and proclaimed by Con-
gress, January 14, 1784. This treaty contained the following articles relat-
ing to the boundaries between the two countries, to-wit :

Article I. — His Britannic Majesty acknowledges the said United States,
viz: New Hampshire, Massachusetts Bay, Rhode Island and Providence
Plantations, Connecticut, 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.

Article II. — And that all disputes which might arise in future, on the
subject of the boundaries of the said United States may be prevented, it is
hereby agreed and declared, that the following are and shall be their
boundaries, viz : From the northwest 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 Highlands which divide those rivers
that empty themselves into the river St. Lawrence, from those which fall
into the Atlantic Ocean, to the nortlnvesternmost head of Connecticut 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 said river into
Lake Ontario, through the middle of said lake until it strikes the com-
munication by water between that lake and Lake Erie ; thence along the
middle of said communication into Lake Erie, through the middle of said
lake until it arrives at the water communication between that lake and Lake
Huron ; thence along the middle of said water communication into the Lake
Huron ; thence through the middle of said lake to the water communication
between that lake and Lake Superior ; thence through Lake Superior north-
ward of the Isles Royal and Phelipeaux, to the Long Lake ; thence through
the middle of said Long Lake, and the water communication between it and
the Lake of the Woods, to the said Lake of the Woods; thence through the
said lake to the most northwestern point thereof, and from thence on a
due west course to the river Mississippi ; thence by a line to be drawn
along the middle of the said river Mississippi until it shall intersect the
northernmost part of the thirty-first degree of north latitude. South, by a
line to be drawn due east from the determination of the line last mentioned,

248 HISTORY OF MAINE

in the latitude of thirty-one degrees north of the Equator, to the middle of
the river Apalachicola or Catahouche; thence along the middle thereof to
its junction with the Flint River; thence strait to the head of St. Mary's
River ; and thence down along the middle of St. Mary's River to the Atlan-
tic Ocean. East, by a line to be drawn along the middle of the river St.
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 St.
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.

From the first a misunderstanding regarding the correct interpretation
of the second article of this treaty appears to have existed between the
inhabitants of that part of Nova Scotia which is now the Province of New
Brunswick, and the people in what is now the State of Maine. At the
close of the War of 1812, the Treaty of Ghent (1814) recognized this con-
tention, which was acute between the two people for more than a half
century, and is known in history as the "Northeastern Boundary Contro-
versy."

The fifth article of this treaty was as follows, to wit :

Article V. — Whereas neither that point of the highlands lying due nortii
from the source of the river St. Croix, and designated in the former treaty
of peace between the two Powers as the northwest angle of Nova Scotia, nor
the northwesternmost 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 above mentioned northwest angle of Nova Scotia, thence along
the said highlands which divide those rivers that empty themselves into the
river St. Lavarcncc from those which fall into the Atlantic Ocean to the
northwesternmost 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 Cataraquy, has not
yet been surveyed: It is agreed that for these several purposes two Com-
missioners shall be appointed, sworn and authorized to act exactly in the
manner directed with respect to those mentioned in the next preceding arti-
cle, unless otherwise specified in the present article. The said Commis-
sioners 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 deter-
mine the points above mentioned, in conformity with the provisions of the
said treaty of peace of one thousand seven hundred and eighty-three, and
shall cause the boundary aforesaid, from the source of the river St. Croix
to the river Iroquois or Cataraquy, 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, certify-
ing it to be the true map of the said boundary, and particularizing the lati-

NORTH-EASTERN BOUNDARY CONTROVERSY 249

tude and longitude of the northwest 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 con-
sider 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 statements 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.

The two governments appointed commissioners conformably with this
provision, namely: George III appointed on the part of Great Britain,
Thomas Barclay, September 4, 1815, and President Madison appointed Cor-
nelius Van Ness, April 3, 1816. Mr. Van Ness was a native of New
York, but at the time of his appointment resided in Vermont, and it appears
that John Holmes, who was one of the commissioners to adjudicate in regard
to the titles of the islands in Passamaquoddy Bay, also acted with them.

This commission, after sitting for five years, could not even agree on
a plan for a general map of the country exhibiting the boundaries respec-
tively claimed by each party ; much less could they settle any of the matters
referred to them. They accordingly dissolved and made separate reports
to both governments, stating the points on which they differed, and the
grounds of their difference.

Soon after the close of the War of 1812, settlements, not only in the
northeastern parts of the District of Maine, but in Nova Scotia and Que-
bec as well, began to increase ; business was expanding and land under both
flags was becoming more valuable. All of these things tended to reawaken
the interest in the question of boundary lines between the two dominions.

Maine became a State in 1820, and by the Articles of Separation the
Commonwealth of Massachusetts reserved to herself one-half of the unin-
coq:>orated lands within the Province of Maine.1 Hence, not only the
inhabitants of eastern Maine, but both State governments were intensely
interested in having the matter decided. Finally, the statesmen of both the
United States and Great Britain concluded that a condition had arisen which
made it necessary to refer the points of difference to a friendly sovereign
under the terms of the Treaty of Ghent ; and on the 2gth day of Septem-
ber, 1827, a convention to that effect was concluded.

In 1826, Albert Gallatin, who was one of the commissioners of the
United States at Ghent in 1814, had gone to England as Minister of the
United States, charged with the duty of arranging various questions of dif-
ference and among them the North Eastern Boundary. He had many con-
ferences with the plenipotentiaries representing that government, the prin-
cipal result of which was the convention to refer the matter to a friendly

'Act of Separation passed by Legislature of Massachusetts, June 19, 1819, Sec. I,
part first

250 HISTORY OF MAINE

sovereign under the provision of the Treaty of Ghent hereinbefore referred
to. The statements of the United States were prepared and submitted to
the arbitrator by Mr. Gallatin, who had associated with him William Pitt
Preble, of Portland.2

It was stipulated therein that Mitchell's map, by which the framers of
the treaty of 1783 had regulated their joint and official proceedings, and a
map denominated A, had been agreed upon by the contracting parties, as
a delineation of the water courses and a general outline of the territory.

The King of the Netherlands was selected as arbiter, and when he
heard the case of the high contracting parties, changes of magnitude had
taken place in both the American and English possessions since the treaty
of 1/83. The District of Maine was independent of the mother Common-
wealth of Massachusetts and had entered upon her career as a sovereign
State of the Union. Nova Scotia had been divided and a new province
erected called New Brunswick, within the borders of which was the terri-
tory about which the contention had arisen, and Quebec had been made into
two provinces, then known as Upper Canada and Lower Canada.

The task imposed upon the arbiter was an onerous one, but the duties
were plain and not at all obscure. He was to construe the provisions of the
treaty of 1783, which related to this boundary, and make a decision, which,
if ratified by the two governments, would be binding upon them. This
necessitated his making findings among other things as to the following
questions :

1. What was the "north-west angle of Nova Scotia?"

2. The "Source" of the St. Croix River?

3. What were the "Highlands," which "divide those rivers that emptj
themselves into the River St. Lawrence from those which fall into
the Atlantic Ocean ?"

4. What .was the "Northwesternmost head of the Connecticut
River?"

Incidental with, or subordinate to these, were other questions which
arose in the investigations and discussions as the case progressed before
him, but I regard the foregoing as the principal or leading points in the
controversy.

In order to more fully comprehend what historical facts the two par-
ties to the dispute had to rely upon, it may be well to refer to some of the

JMr. Preble was a resident of Portland, and was born in York, Maine, November
27. 1783, and died October n, 1857. He was graduated from Harvard College in
1806, studied law with Benjamin Hasey at Topsham and Mr. Orr in Brunswick.
Practiced law in Alfred and Saco before he removed to Portland in 1818. In 1814
he received the appointment of U. S. District Attorney from President Madison. In
1820 he was selected as one of the three judges composing the highest judicial court
of the new State of Maine. In 1828 he resigned from the bench and entered upon
diplomatic service. President Jackson appointed him Minister Plenipotentiary to The
Hague, and he was serving in this capacity when the King of Holland rendered his
decision. He vas in various ways active in the affairs of the North Eastern Boundary
• question until its final settlement by the Webster-Ashburton treaty.

NORTH-EASTERN BOUNDARY CONTROVERSY 251

/

early grants of this territory. By charter of the loth of September, 1621,
James I granted to Sir William Alexander, a certain territory, under the
name of "Nova Scotia," with the following boundaries :

Beginning at Cape Sable, in forty-three degrees north latitude, or
thereabouts, extending thence westwardly along the seashore, to the road
commonly called St. Mary's Bay ; thence towards the north by a direct line
crossing the entrance or mouth of that great ship road, which runs into the
eastern tract of land between the territories of the Souriquois and of the
Etchemins (Bay of Fundy), to the river commonly called St. Croix, and to
the most remote spring or source, which, from the western part thereof,
first mingles itself with the river aforesaid; from thence, by an imaginary
direct line, which may be conceived to stretch through the land, or to run
towards the north, to the nearest road, river or spring emptying itself into
the great river de Canada (River St. Lawrence); and from thence pro-
ceeding eastwardly along the seashore of the said river de Canada, to the
river, road, port, or shore, commonly known and called by the name of
Gachepe or Gaspe; and thence southeastwardly to the islands called Bac-
caleos or Cape Breton, leaving these islands on the right and the gulf of
the said river de Canada or of the great ship road and the lands of New-
foundland, with the islands to the same pertaining, on the left ; and thence
to the head land or promontory of Cape Breton aforesaid, lying near the
latitude of forty-five degrees, or thereabout ; and from the said promontory
of Cape Breton, towards the south and west, to Cape Sable aforesaid,
where the perambulation began, ... all which lands aforesaid, shall
at all times hereafter be called and known by the name of Nova Scotia, or
New Scotland, in America.

The Grant of Charles II to his brother James, Duke of York,1 con-
tained these words:

All that part of the maine land of New England beginning at a cer-
tain place called or knowne by the name of St. Croix next adjoyning to
New Scotland in America and from thence extending along the sea coast
unto a certain place called Petuaquine or Pemaquid and so up the River
thereof to the furthest head of ye same as it tendeth northwards and
extending from thence to the River Kinebequi and so upwards by the
shortest course to the River Canada northward and also all that Island or
Islands commonly called by the severall name or names of Matowacke or
Long Island scituate lying and being towards the west of Cape Codd and
ye narrow Higansetts abutting upon the maine land between the two Rivers
there called or knowne by the several names of Conecticutt and Hudsons
River together also with the said river called Hudsons River and all the
land from the west side of Conecticutt to ye east side of Delaware Bay.

Charles II made a subsequent grant to the Duke of York, June 29.
1764, in which was the same clause.'

The Massachusetts Charter of William and Mary, October 7, 1691,
included in it the following: "The Province of Main the Territorie called

'American Charters, Constitutions and Organic Laws, Francis Newton Thorpe
(Washington Government Print, 1909), Vol. 3, p. 1637.
*Ib., Vol. 3, p. 1641.

252 HISTORY OF MAINE

Accadia or Nova Scotia and all that Tract of Land lying betweene the said
Territories of Nova Scotia and the said Province of Main."

It also contained the following proviso :

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 St. Lawrence and Canada Rivers and to the
Main Sea Northward and Eastward to be made or past by the Governor
and General Assembly of our said Province be of any force validity or
Effect vntill Wee Our Heires and Successors shall have Signified Our or
their Approbacon of the same.

All authorities agree that the river Kennebec was what was in the
ancient maps called Sagadahock, and that "the river Canada" was the river
St. Lawrence.

The American contention had ever been that these several grants dem-
onstrated beyond cavil that Great Britain had never deviated from her
claim to territory as far north as the St. Lawrence ; that all of her juris-
dictional acts were predicated upon this assumption and that the language
of the treaty of 1783, "along the said Highlands which divide those rivers
that empty themselves into the river St. Lawrence, from those which fall
into the Atlantic Ocean," could have but one meaning.

Albert Gallatin in his introduction to "The Right of the United States
of America to the North Eastern Boundary Claimed by Them" (1840),
says:

The western boundary thereby assigned to Nova Scotia differs from
the eastern boundary of the United States, as described by the treaty of
peace of 1783, in the following particulars:

1st. The western source of the river St. Croix was intended by Sir
William Alexander's charter; but by the treaty of 1783, the said river from
its mouth to its source, without particularly designating which source, is
made the boundary ; and this has been decided to be the river from its
mouth to the source of its north branch.

2nd. The line from the source of the River St. Croix is, according to
the charter, to run towards the north (versus septentrionem) ; by the treaty,
it must run due north, or directly north.

3rd. The said line, by the charter, extends to the river St. Lawrence,
and by the treaty, to the highlands dividing the rivers, &c.

The Massachusetts Colony asserted jurisdiction over all of that part of
the Province of Maine annexed to their charter by William and Mary,
which was situated east of the Kennebec river, and the last claim of the
French to this territory was extinguished with the destruction of the Ken-
nebec Mission, in 1724.

Subsequent to this a question arose among the colonists as to their
legal title to the territory between the Kennebec and St. Croix, which was
referred to the attorney and solicitor-general of the crown, who gave it as
their opinion (Aug. n, 1731) that all the tract of land lying between the

NORTH-EASTERN BOUNDARY CONTROVERSY 253

rivers of Kennebec and St. Croix, is granted by their charter to the inhabi-
tants of the said Province ; that the rights of government granted to the
said Province extend over this tract of land.

In Mitchell's map, in the year 1755, the river St. Croix, in accordance
with their decision, and a due north line from its source to the river St.
Lawrence, are made the boundary between Nova Scotia and New England.
And Gallatin says that, "In this map the river St. Croix, and a due north
line from its source to the river St. Lawrence, are accordingly made the
boundary between Nova Scotia and New England; embracing, under this
last designation, the eastern part of Massachusetts, by the name of Sagada-
hock."

Both Nova Scotia and New England are, in that map, published with
the approbation of the Board of Trade, bounded to the north by the river
St. Lawrence. And that river continued, accordingly, to be the northern
boundary of both, till the 7th of October, 1763; when Canada, and all the
possessions claimed by France in that quarter, having, by virtue of the
treaty of peace of February, 1763, been definitely ceded by her to Great
Britain, His Britannic Majesty issued a proclamation establishing new gov-
ernments, and amongst others, that of Quebec. The boundaries of that
government were, by the said proclamation, fixed as follows :

Bounded on the Labrador Coast by the river 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 Nipissing, from whence the said
line, crossing the river St. Lawrence and the Lake Champlain, in forty-five
degrees of north latitude, passes along the Highlands which divide the
rivers that empty themselves into the said river St. Lawrence from those
which fall into the sea, and also along the north coast of the Bay des
Chaleurs and the Coast of the Gulf of St. Lawrence, to Cape Rosiers; 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 St. John.

The Highlands designated above were thus assigned as the southern
boundary of the Province of Quebec, and became the northern boundary
of Nova Scotia; the northwest corner of which, instead of being, as here-
tofore, on the banks of the St. Lawrence, was thereby placed on the High-
lands. This boundary of the Province of Quebec was again ratified by the
British government by the act of Parliament of the I4th, George III, Chap.
83 (1774), commonly called the Quebec Act.

It was undoubtedly unfortunate for all parties to this imbroglio, that,
in designating the northerly boundary between the territory of Massachu-
setts (Province of Maine) and Nova Scotia, in the treaty of 1783, the term
"Highlands" should have been used. It should be observed that this word
was not used in these treaties except in the sense of dividing rivers, and that
in the early grants the intention of making the St. Lawrence river the
northerly boundary of Maine seemed to be apparent.

This was the position taken by the American commissioners before the

254 HISTORY OF MAINE

King of the Netherlands, and it was furthermore contended by them that,
taking the whole article together, the word "Highlands," as therein
expressed, referred to an unexplored country and was applicable to any
ground, whatever might be its nature or elevation, along which the line
dividing the rivers should be found to pass; and that the fact that the
ground dividing rivers was necessarily more elevated than those rivers and
their banks, was sufficient to entitle it to the designation of "Highlands" in
relation to those rivers.

The United States claimed that a line from the source of the river
St. Croix "directly north" reaches a ridge or "Highland" which divides
tributary streams of the St. John river, which falls into the Bay of Fundy,
from the waters of the Ristigouche river, which falls through the Bay des
Chaleurs, into the Gulf of St. Lawrence; that this line crosses no other
rivers for a distance exceeding ninety miles, but tributary streams of the
St. John and that river itself. And furthermore that it was not necessary
to find any continuous range of mountains, but continuous land which
divided these rivers.

To be exact, I copy the following from Gallatin's notes on the "Ameri-
can line" (page 17), which he compiled from the statements '.aid before the
King of the Netherlands :

At about ninety-seven miles from the source of the River St. Croix,
the due north line reaches a ridge or Highland which divides tributary
streams of the River St. John, which falls into the Bay of Fundy, from the
waters of the River Ristigouche, which falls through the Bay des Chaleurs,
into the Gulf of St. Lawrence. And, in its further north course, the said
line, after crossing several upper branches of the River Ristigouche, reaches,
at the distance of about 140 miles from the source of the River St. Croix,
the Highlands, which divide the waters of the said River Ristigouche from
the tributary streams of the River Metis, which falls into the River St.
Lawrence. It is clear that there is no other possible choice but between
those two places, and that the northwest angle of Nova Scotia must, of
necessity, be found at the intersection of the said due north line with, either
the Highlands which divide the waters of the River St. John from those of
the River Ristigouche, or the Highlands which divide the waters of the
River Ristigouche from those of the River Metis ; since there is no other
point, through the whole course of the due north line, which divides any
other waters but such as empty themselves into the same river.

The selection between those two dividing Highlands evidently depends
on what is meant, according to the treaty of 1783, by rivers that empty
themselves or fall into the River St. Lawrence, and by rivers which fall
into the Atlantic Ocean.

The treaty recognizes but two classes of rivers. The first class em-
braces only the rivers falling into a river, designated by its specific name,
and cannot be construed to include any rivers that do not empty themselves
into the river thus specifically designated. All the rivers, met by the due
north line, which do not actually empty themselves into the River St. Law-
rence, according to its known limits, are, by the treaty, considered as falling
into the Atlantic Ocean.

NORTH-EASTERN BOUNDARY CONTROVERSY 255

The British theory from first to last was that "Highlands" represented
a mountainous or hilly country or district. They would not admit its
American significance as a continuous line dividing rivers, regardless of
whether such line was mountainous or not.

There may have been some reason for this, as they had been familiar
with the term as applied to a region of Highlands in Scotland which dis-
tinguished it from the Lowlands, etc. Their writers from time immemorial
had thus described sections which were of high elevation, and had not
generally used the word in the American sense as a dividing line, a ridge
or a range.

Professor Ganong, in his "Monograph of the Evolution of the Bounda-
ries of the Province of New Brunswick" (1901), quotes from a letter from
Lord Dorchester, Governor of Quebec, dated January 3, 1787, to his brother,
Thomas Carleton, Governor of New Brunswick, which illustrates the Brit-
ish comprehension of the term, as follows :

I understand the high land which runs by the great rapids (i.e., the
Grand Falls) on the River St. John, is the boundary, and separates Canada
from New Brunswick and the New England Provinces.

In Mr. Gallatin's notes, heretofore referred to (page 18), he says:

It is denied on the part of Great Britain, that the boundary thus
claimed by the United States, is that which is prescribed or intended by
the treaty principally, if not exclusively, on two grounds :

ist. That the Bay of Fundy, as mentioned in the treaty of 1783, is
(as well as the Gulf of St. Lawrence), intended to be separate and distinct
from the Atlantic Ocean ; and that the River St. John, which falls into the
Bay of Fundy (as well as the River Ristigouche, which, through the Bay
des Chaleurs, falls into the Gulf of St. Lawrence), is intended, on that as
well as on separate grounds, to be excepted from that class of rivers which
are described in the treaty as falling into the Atlantic Ocean.

2ndly. That the ground over which the boundary line claimed by the
United States does pass, has neither the mountainous character, nor the
continuous elevation necessary to entitle it to the designation of "High-
lands," as intended by the treaty ; and therefore, that the Highlands, claimed
on the part of the United States, conform, neither in position or character,
to the conditions imposed on them by the treaty.

From those premises, and with reference particularly to the assertion,
that the River St. John must be excepted from that class of rivers described
in the treaty as falling into the Atlantic Ocean, it is inferred, on the part
of Great Britain, that consequently the Highlands described in the treaty
must lie to the southward of that River. And it is further affirmed, that
the Highlands, claimed on the part of Great Britain, as those designated
in the treaty of 1783, conform, in every particular, to the conditions im-
posed on them by that treaty.

The north line would terminate at Mars Hill as the British construed
the treaty, while under the American construction it would run as far north
as the sources of the Ristigouche river, which empties into the Bay des
Chaleurs. The St. John river was midway between the two lines, or in
about the central part of the disputed territory.

256 HISTORY OF MAINE

Had the British claim prevailed, all of what is now Aroostook county,
north of Mars Hill, and the most of what is now Piscataquis county,
northerly of the Penobscot waters, would be a part of Canada; and if the
Americans had finally been sustained in all that they contended for, the
rich St. John river valley and a large stretch of territory northerly, easterly
and northwesterly would now be a part of the State of Maine.

For the purpose of this sketch it is not necessary to consider the
numerous subjects which were involved when the case was tried before the
arbiter. Thirty or more maps published in London subsequent to the proc-
lamation of 1763 were among the exhibits placed before him by the United
States, eighteen of which were published before the treaty of 1783.

The English made the point that the negotiators of the treaty of 1783
had no evidence before them of the actual geography of the country, and
hence the words of the treaty were not effectual, and yet these last-named
eighteen maps all made plain the situation of the basin of the St. John, the
sources of the Penobscot, which were rivers and streams falling into the
Atlantic, and those of the tributary streams of the St. Lawrence. The
negotiators of that treaty had access to these maps and made use of them,
consequently the Americans contended that the highland or ridge of land
which divided these tributary streams was the "Highlands" described in the
treaty, and that it constituted a well-defined boundary line which could be
found upon the face of the earth, and there was no reason whatever for
assuming that when those words were mutually written into the treaty their
significance and meaning were not fully understood.

It would seem that the gist of the entire issue before the King of the
Netherlands was, what were the intentions of the negotiators of the treaty
of 1783, and it is difficult to perceive just how any acts of jurisdiction sub-
sequently exercised by either party over the contested territory could have
thrown any light on these intentions or affected in any manner the terms of
the treaty. And yet both sides were allowed to and did present evidence
of this nature, some of which is interesting, even though its materiality at
that time may be doubted.

It appeared that in the year 1784 a native Indian was tried and con-
victed by a court of the Province of Quebec, and accordingly executed for
a murder committed, as was suggested, on the waters of the river St. John ;
that between the years 1789 and 1791 two suits were instituted and judg-
ment obtained before the courts of Quebec by some inhabitants of Canada
against persons residing on the river Madawaska ; that an extract from a list
of the parishes in the Province of Quebec, taken from the minutes of the
Executive Council for 1791, includes that of Madawaska,' and that, in the

'A part of the disputed territory was, during the entire controversy over the
North Eastern Boundary, known as Madawaska. Upon a part of this is now situated
the town of Madawaska, in the State of Maine. This territory was anciently called
the Fief of Madawaska ; the original concession of it having been made by the
Government of Canada to the children of the Sieur Charles Auburt de la Chenaye,
November 25, 1683. This concession contained the following condition :

NORTH-EASTERN BOUNDARY CONTROVERSY 257

year 1785, that council issued an order for opening a road from Kama-
rouska on the river St. Lawrence to Lake Temisquata, which lies on the
southeastern side of the dividing Highlands, claimed as their boundary by
the United States.

Seldom has an international question been so thoroughly discussed as
was that of this disputed boundary.' Gallatin asserted that he devoted
nearly two years in studying and preparing the case, and bestowed on it
more time than he ever did on any other question.'

Finally, on the loth day of January, 1831, the decision of the King of
the Netherlands was made public, and it was a surprise to both govern-
ments and to all parties of interest. When his award was analyzed, it was
found that he had sustained in words the American contention that the term
"Highlands" was applicable to ground which, without being mountainous or
hilly, divided rivers flowing in the opposite directions; but that it was not
shown that the boundaries described in the treaty of 1783 coincided with
the ancient limits of the British provinces; and that neither the line of
Highlands claimed by Great Britain so nearly answered the requirements
of the treaty of 1783 in respect -to division of rivers as to give preference
one over the other. Abandoning therefore the attempt to determine this
part of the boundary according to the treaty of 1783, he recommended what
was termed a line of "convenience"1 or, in other words, he made an arbitrary

"Subject to the Foi et hommage, which the grantees, their heirs and assigns, shall
be holden to render at the Castle of St. Louis of Quebec of which they are to hold,
and subject to the customary rights and dues in conformity with the Continue de
Paris."

By an adjudication of the Prevotal Court of Quebec, dated October zoth, 1709,
this Seigniory of Madawaska was seized by virtue of a sentence of that court and
was sold to Joseph Blondeau dit la Franchise as the highest bidder, at a public sale,
for the sum of 1,300 livres, and was accordingly adjudged to the said Joseph
Blondeau.

On the I5th day of February, 1723, it appears, by some kind of a judicial pro-
ceeding or report, that "on the Fief of Madawaska there was a domain, on which the
buildings had been burnt by the Indians, and that there were six 'arpens' of land
cleared, but at that time no settlement."

By an adjudication by the Prevotal Court of Quebec, dated July 29th, 1755,
founded on what was called a "voluntary judicial sale," Madawaska passed to Pierre
Claverie. After Canada became a part of the dominjon of Great Britain by conquest,
the title to this territory passed by judicial sale to Richard Murray, and on August 2,
1768, by deed of assignment by Richard Murray to Malcolm Fraser.

The latest deed of Madawaska under these titles that we have evidence of was
dated August 2, 1802, but between this and the last named date there had been
several transfers by judicial sale and otherwise.

This chain of titles was introduced before the King of the Netherlands, by the
British commissioners, to show continuous possession and ownership by Great Britain
to Madawaska. The reply of the United States to this contention was, that since
the conquest no one had performed acts of fealty and homage under the conditions
of the original concession of 1683, and hence the title had been forfeited and aban-
doned by reason of the failure to comply with these feudal services.— (Appendix to
the first British Statement before the King of the Netherlands.)

•History and Digest of International Arbitrations," Vol. I, p. 91.

'Adams"' "Writings of Gallatin," Vol. II, p. 549.

•"History and Digest of International Arbitrations," Vol. I, p. 136.

ME.— 17

258 HISTORY OF MAINE

line, not found in Mitchell's map (Map A), or in any of the maps used
by the negotiators of the treaty of 1783, of the Treaty of Ghent, or by
either party before him. It was evidently intended by him as a compromise,
pure and simple.

On the I2th day of January, 1831, Mr. Preble, who was then Envoy-
Extraordinary of the United States at The Hague, addressed to the British
Minister of Foreign Affairs, a note, respectfully protesting against the
award, and reserving the rights and interests of the United States on the
ground that the proceedings of the arbitrator constituted a departure from
his powers. Mr. Preble also took the ground that the object of the arbitra-
tion was to have executed the terms of the treaty of 1783, and that, if this
could not be done, the question of boundaries ought never again to be sub-
mitted to any sovereign. And he thus formally entered his protest against
the proceedings.

The British government, while apparently not satisfied with the award,
expressed its acquiescence in it, but authorized its Minister, privately, to
intimate to the United States that it would not consider the formal accept-
ance of the award as precluding modifications of the line by mutual
exchange and consideration. The government at Washington for a time
hesitated as to what course to pursue. Mr. Preble's protest had been entered
without instructions from his government, and President Jackson was at
first inclined to accept the award.

As the action of the King of the Netherlands became more fully under-
stood by the people of Maine and Massachusetts, its discussion by news-
papers and public men became bitter and its criticism more and more
intense ; and the President's political enemies in both States were severely
blaming him for his procrastination in the matter. At one time he was
disposed to issue a proclamation, accepting of the terms of the award
without consulting the Senate, but was driven from this course by his
political friends in Maine, who represented to him that such a course would
change the politics of the State.* It is said that he regretted in after years
that he did not follow out his own inclinations in regard to the subject."

President Jackson therefore submitted the question of acceptance or
rejection to the Senate on the 7th day of December, 1831, and in June. 1832,
the award was rejected by a vote of 35 to 8, and the Senate at the same
time advised the President to open a new negotiation with Great Britain
for the ascertainment of the line. The British government promised to
enter upon the negotiations in a friendly spirit ; and it was stipulated and
agreed that both sides should refrain from exercising any jurisdiction
beyond the boundaries which they actually possessed.

Meanwhile the government of the United States made earnest though
unsuccessful attempts to obtain from the State of Maine full authority to

•Webster's Works, Vol. I, p. 119.
"Webster's Works, Vol. I, p. 119.

NORTH-EASTERN BOUNDARY CONTROVERSY 259

adjust the matter with Great Britain. The proposition was for Maine to
provisionally surrender to the Federal Government all of her right to the
disputed territory for the purpose of a settlement. These offers were, how-
ever, all rejected by the State of Maine and then the British government
formally withdrew its offer to accept the compromise recommended by the
King of the Netherlands. No real progress was made and nothing accom-
plished towards a settlement of the controversy during the remainder of
President Jackson's administration.

President Van Buren sent a message to the Senate, March 20, 1838,
with recent correspondence about the subject between the Secretary of
State, Mr. Forsyth, and the British Minister, Mr. Fox. Mr. Forsyth recom-
mended a new conventional line, or another submission to arbitration, and
the President in his message expressed the hope that "an early and satis-
factory adjustment of it could be effected." Governor Kent submitted the
question to the Legislature of Maine, which body, on the 23rd day of
March, 1838, resolved that it was not expedient to assent to the Federal
government's treating for a conventional line, but that the State should
insist on the line established by the treaty of 1783, and that the Senators
and Representatives in Congress be requested to urge the passage of a bill
then pending for a survey of the boundary.

In 1839, Messrs. Featherstonhaugh and Mudge, employed by the Eng-
lish authorities, surveyed a part of the line and the government of Wash-
ington provided for a survey in 1840. Nothing of importance resulted from
either of these surveys.

For a decade of years subsequent to the award of the King of the
Netherlands it was a theme of vast interest to the people of Maine and of
Massachusetts as well. The General Court of that Commonwealth made
various reports regarding it at different times. The Governors of Maine
discussed it in their messages, and the Legislature made several exhaustive
reports upon it.

Indissolubly interwoven with this controversy is the arrest, imprison-
ment and punishment of one John Baker, a resident of what was known as
the Madawaska Settlement. The rights of the Commonwealth of Massa-
chusetts to Madawaska and adjacent lands on the Aroostook river were
recognized at an early period after the source of the St. Croix was settled
by the convention of 1794. Grants were accordingly made by the Legis-
lature of Massachusetts of lots of land embracing both branches of the
Aroostook river" and bordering on the boundary line, namely: One to the
town of Plymouth, and one to General Eaton. Locations and surveys of
these lands were made under authority of Massachusetts.

Among other grants was that of a lot of land to John Baker "of a
plantation called and known by the name of Madawaska Settlement, in the
County of Penobscot, and State of Maine," the deed of which was executed

"This river was originally known as "Restook" and "Ristook."

26o HISTORY OF MAINE

jointly by "George W. Coffin, agent for the Commonwealth of Massachu-
setts, and James Irish, agent for the State of Maine," on the third day of
October, 1825. Another deed of land situated below Baker's was made to
James Bacon. Baker had a farm and a small store, and also a grist and saw-
mill. Other settlers soon became his neighbors and his place was a center
and headquarters for the American settlers in that locality.

One George Morehouse resided in Tobique, in a parish then recently
formed and known as Kent. He had a magistrate's commission from the
Province of New Brunswick, and the first of the Madawaska troubles seems
to have arisen from a process which he had instituted as magistrate,
although there is no evidence that he was in the first instance in any way
authorized or instructed by the Province authorities to pursue it. This
was no less a procedure than issuing precepts directed to the constables of
the Parish of Kent, for the recovery of small demands against the inhabi-
tants along the Aroostook river. Criminal processes against these inhabi-
tants were also occasionally issued by Magistrate Morehouse. The serving
of these precepts was often resisted by them and sometimes by force.

That Baker was a leader among these settlers is true, and that he may
have advised them to thus resist the officers whom he believed had no
authority or jurisdiction there, is also undoubtedly a fact. Thus the strife
between Morehouse and his followers on the one hand, and the American
settlers, led by Baker, on the other hand, continually increased until it
seemed to have culminated some time in the early fall of 1827 by an inci-
dent which now seems more amusing than tragic. The Americans had
erected a staff, or what might have been known as a "liberty pole," although
it does not appear that they had any flag, and upon the top of it had attached
a rude representation of the American Eagle. The Americans had occa-
sional gatherings and festivities around this national emblem, which, it may
be imagined, were more or less convivial, and they sometimes jeered and
perhaps annoyed passersby from the province, who acknowledged allegiance
to the Sovereign of England. When Morehouse learned of this he became
enraged and called upon Baker and ordered him to remove it. This Baker
refused to do, whereupon Morehouse procured a subpoena for his arrest
from Thomas Wetmore, Esq., Attorney-General of New Brunswick, dated
September 17, 1827. Early in the morning of September 25th, while Baker
and his family were asleep, his house was surrounded by an armed force
and he was arrested and taken before Magistrate Morehouse," who com-
mitted him to the jail in Fredericton without even examination or trial, if
the accounts of the transaction published at the time are to be believed.

But while Morehouse may or may not have been incited by the New
Brunswick authorities to do these unlawful acts, they were themselves

"Report of Charles S. Davies to the Governor of Maine, January 31, 1831, p. 29.
There may be some doubt, however, about this statement, as the subpoena com-
manded him to appear before the court in Fredericton.

NORTH-EASTERN BOUNDARY CONTROVERSY 261

responsible for some things equally as illegal, among which was that of
assessing and levying a special and wholly illegal tax upon these settlers
which was known as the "Alien tax."1*

Baker was prosecuted at various times, and one of the alleged grounds
for action against him and for several other similar proceedings against
Americans in Madawaska and along the Aroostook river, was that they
were trespassers on crown lands. Lumber that had been sawed at Baker's
mill was seized and confiscated while being transported down the St. John.

Magistrate Morehouse seems to have spent considerable time in har-
rassing the settlers on the Aroostook in devious ways. Early in the spring
of 1827 he assumed to have authority to prevent them from working on
the lands which they occupied, and forbade their doing so, and also posted
up written notices to this effect on the Eaton Grant, and in different places ;
and marked some small piles of timber which they had cut, for seizure."
He did not even treat them as English subjects, but apparently regarded
them as outlaws and intruders without a country, and without rights which
anyone was bound to respect.

In July, 1827, Daniel Craig^ a deputy sheriff of the Parish of Kent,
who was sent by Morehouse, delivered summonses to all of the inhabitants
to appear before the court in Fredericton in pleas of trespass and intru-
sion on crown lands.1* This sudden and unexpected proceeding naturally
created a state of consternation and alarm. The precepts were served only
a few days before the court was to convene. Some went to Fredericton
only to learn that the cases were delayed until the next winter. Some went
part way and then returned home, while many did not heed the summonses
at all. It was said that those who did go, suffered much hardship, as they
were far from home, without means of sustenance. One man, James Arm-
strong, was seized in the house of his brother, Ferdinand Armstrong,
placed in a canoe and forcibly deported beyond the territory."

Their market was at Houlton, and their only means of transportation
was down the St. John river, but as their produce was often seized while
en route, and as they were subject to so much oppression from the provin-
cial officers, in the fall and winter of 1827-28 they determined to cut out a
woods road to Houlton which should be wholly on undisputed American
soil. The first attempt at this was a failure, as the explorers who were
employed to "spot" out the road lost their way and after much suffering
and privation, found themselves in Foxcroft."

It is evident that these American settlers desired to live quiet and
peaceful lives, for the means which they resorted to to circumvent provin-

"Gov. Lincoln's letter to the Secretary of State of the United States, September
3. 1827.

"Davies" Report, p. 10.
"Davies" Report, p. II.
"Ib.. p. 12.
"Ib, p. 12.

262 HISTORY OF MAINE

cial authority fully demonstrate this. When they had endured the methods
and practices of Morehouse and others as long as they felt it was pos-
sible, instead of organizing an armed revolt, which might have been natural
under the circumstances, they conceived the idea of a general agreement to
avoid all resort to courts or legal proceedings whatever. The plan was
simple and yet unique, and perhaps in a degree communistic. A paper was
accordingly drawn up and signed by the American inhabitants generally,
constituting a sort of compact, by which they mutually agreed to adjust all
disputes of whatever nature which might arise among themselves, by virtue
of referees, without admission of British authority, and they would sup-
port each other in abiding by this determination. This was to be a pro-
visional agreement, to continue in force only for one year; and, in the
meantime, application was to be made to the government, in order to obtain,
if possible, the benefit of some regular authority." Thus these isolated and
primitive people in that desolate and remote region, buffeted by the persecu-
tions of one government, and forsaken and abandoned to their own
resources by another, more than half a century after the treaty of 1783,
proposed to free themselves from the tyranny of all magistrates, courts,
lawyers and officers.

This paper or written agreement among the inhabitants of Madawaska,
was, as will hereafter appear, one of the grounds for the indictment against
Baker and others for alleged conspiracy and sedition. The redoubtable
Morehouse, as might have been anticipated, appeared upon the scene as
soon as he learned of the existence of this written agreement and demanded
it of them, but it was in their estimation too sacred a document to part
with, and they refused to deliver it up, as did the people of Connecticut in
1687 refuse to surrender their ancient charter to James II.

At the Hilary term" of the Supreme Court in 1828, the grand jury for
the County of York, in the Province of New Brunswick, found a true bill
of indictment against John Baker, James Bacon and Charles Studson, for
conspiracy. The defendants, Bacon and Studson, were never taken into
custody, but John Baker was arrested and arraigned Thursday, May 2,
1828, before the Honorable Chief Justice Saunders, Mr. Justice Bliss and
Mr. Justice Chipman. The indictment alleged that the defendants,

Being persons greatly disaffected to our said lord the now King, and
his Government, within this his Majesty's Province of New Brunswick, and
being factiously and seditiously disposed, on the fourth day of July, in the
eighth year of the reign of our said Sovereign Lord George the Fourth,
with force of arms, at the parish aforesaid, in the county aforesaid, did
amongst themselves, conspire, combine, confederate, and agree together,

"Davies" Report, p. 23.

"In English law, a term of court beginning on the nth and ending on the 3ist
of January in each year.

Superseded (1875) by Hilary sittings, which begin January nth, and end on the
Wednesday before Easter.

NORTH-EASTERN BOUNDARY CONTROVERSY 263

falsely, maliciously, factiously and seditiously and to bring hatred and con-
tempt on our said lord the King, etc., etc.

The first overt act complained of in this indictment was that on the
said fourth day of July, at the place above named, the defendants

In pursuance of, and according to said conspiracy, . . . did cause
to be raised and erected, a certain flag-staff, and did place thereon a certain
flag, as the Standard of the United States of America.

The second overt act relates to the provisional paper which the inhabi-
tants had signed as above referred to, and alleged that the defendants

Had applied to divers liege subjects of our said lord, the King, and
then and there presented to the same subjects a paper writing, which they,
the said John Baker, James Bacon and Charles Studson, then and there
requested the said subjects to sign, then and there declaring that, by the
said paper, they the said subjects, would bind themselves to oppose the
execution of the laws of Great Britain, to wit, in the Madawaska settle-
ment, so called.

The third overt act states that the defendants "did oppose and obstruct
the post man" in carrying the mail through Madawaska settlement, etc.

The attorney general appeared and prosecuted the case for the crown,
while the defendant Baker appeared without counsel and defended himself
during the trial. He was found guilty, and sentenced to two months' im-
prisonment, and to pay a fine of £25 to the King. The United States imme-
diately demanded his release, on the ground that New Brunswick was
assuming jurisdiction in American territory; the release was refused, and
Baker was tried and convicted at Fredericton and served out his sentence."

Prior to the arrest of Baker, he and James Bacon had been selected
by the inhabitants as "a deputation" to proceed to the seat of government
of Maine with a request to have their case laid before the Legislature at
its next session ; and to enquire of the executive authority whether they
were recognized as citizens of the State of Maine and entitled to its pro-
tection. These two men attended to this duty by traveling on foot and by
canoe much of the way ; they then "returned through the wilderness by the
way they came." One of the results of their mission was the following
proclamation by the Governor of Maine :

Whereas, It has been made known to this State, that one of the citizens
has been conveyed from it, by a Foreign Power, to a gaol in the Province
of New Brunswick; and that many trespasses have been committed by
inhabitants of the same Province upon the sovereignty of Maine and rights
of those she is bound to protect.

Be it also known, that, relying on the government and people of the
Union, the proper exertion will be applied to obtain reparation and security.

Those, therefore, suffering wrong, or threatened with it, and those

"Prof. Ganong's Monograph on "The Boundaries of New Brunswick (1901), p.
335-

264 HISTORY OF MAINE

interested by sympathy, on account of the violation of our territory and
immunities, are exhorted to forbearance and peace, so that the prepara-
tions for preventing the removal of our land marks, and guarding the sacred
and inestimable rights of American citizens may not be embarrassed by any
unauthorized acts.

ENOCH LINCOLN.
Portland, November 9, 1827.

The Legislature of 1828 also passed this resolve :

Whereas, The sovereignty of this State has been repeatedly violated
by the acts of the agents and officers of the Government of the British
Province of New Brunswick, and that government, by its agents and offi-
cers, has wantonly and injuriously harrassed the citizens of this State,
residing on the North Eastern 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 them arrested and conveyed out of the State, and sub-
jected to the operation of the laws of that Province ; 'and in establishing
military companies within the territory of this State; imposing fines 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 afore-
said unwarranted acts of jurisdiction by the government of the said Prov-
ince, some of our citizens have been deprived of their liberty, their prop-
erty destroyed, many of them driven from their lands and dwellings, the
tranquility and peace of all of them disturbed, and the settlement and popu-
lation 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 government 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 gov-
ernment of the Province of New Brunswick upon the territory of this State,
and upon its citizens, and seasonable 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 Execu-
tive of the United States ought, without delay, to demand of the British
Government the immediate restoration 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.

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.

In 1831 the attempt of certain persons to hold an election at Mada-
waska Settlement under the laws of Maine, led to their arrest and trial by
the authorities of New Brunswick. They were convicted and sentenced to

NORTH-EASTERN BOUNDARY CONTROVERSY 265

fine and imprisonment, but were afterwards released on the request of the
United States government, their action having been disavowed by the
authorities of Maine.

In June, 1837, Ebenezer Greeley, of Dover, Maine, was employed by
the State of Maine as an agent to take the census of the people of Mada-
waska, and at the same time, to distribute their share of the surplus money
which had accumulated in the United States Treasury." A provincial con-
stable arrested Mr. Greeley and carried him as a prisoner to Fredericton,
N. B. But while the Fredericton officials had for some time unhesitatingly
imprisoned humble and uninfluential citizens of Maine when brought to
them in custody, they were alarmed at this bold procedure. The sheriff
there feared to detain in gaol an agent or officer of the State of Maine while
in the discharge of his duties, and refused to receive the prisoner After
being liberated, Mr. Greeley returned to the Aroostook and resumed his
labors as census taker.

In a short time after this, however, Governor Harvey, of New Bruns-
wick, hearing that Mr. Greeley was distributing money to the people,"
assumed, without making any attempt to obtain evidence of the facts, that
it was done as a bribe to induce the inhabitants to continue their allegiance
to the United States. He therefore ordered Mr. Greeley to be rearrested,
and he was lodged in Fredericton jail." Governor Dunlap of Maine issued
a general order announcing that the soil of the State had been invaded by
a foreign power and the militia was called upon to hold itself in readiness
for momentary and active service. A few weeks later, the British authori-
ties, influenced by a message from President Van Buren, again liberated
Mr. Greeley, who once more returned to the turbulent Aroostook and
remained there until he had completed his services."

That the people of the new State of Maine were actuated by a spirit
of patriotism in vigorously opposing the encroachment of the officials of the
Province of New Brunswick, upon what they believed to be their territory;
that the feeling, when the District of Maine was separated from the Com-
monwealth of Massachusetts, in 1820, and admitted into the Union of
States, was intense and increased year by year, as they saw what they
deemed to be their unquestioned rights, trampled upon by the province,
supported and protected by Great Britain, was bitter and uncompromising,
is true.

William King, the first Governor of Maine, in his message to the
Legislature, June 2, 1820, refers to the importance of the North Eastern
Boundary question, to both Maine and Massachusetts. Governor Parris, in

"Abbot's "History of Maine," p. 431.

"This was the famous "distribution of the surplus" under President Jackson,
which was one of the most notable events of his administration.

"Abbot's "History of Maine," p. 431.

"Mr. Greeley was released "without trial or explanation and returned to hii
home." (Message of Governor Kent, 1839.)

266 HISTORY OF MAINE

1822, expressed "great anxiety," because of the disagreement of the com-
missioners under the Treaty of Ghent, "in relation to the true boundary
between the United States and the British Provinces," and he again referred
to it in his message in 1824. In 1825 he also called attention to it, and to
the fact "that depredations, to a very considerable extent, have been com-
mitted on our timber lands, lying on the Aroostook and Mawascah and
other streams," and that "these depredations were committed by British
Subjects" ; and in 1826 a considerable part of his annual message was
devoted to this subject.

On January 17, 1826, the Joint Standing Committee on State Lands
made a report to the Legislature relative to the boundary question, accom-
panied by the following resolve, which received a passage :

Resolved, That the Governor, for the time being, be authorized and
requested to take such measures as he may think expedient and effectual,
to procure for the use of the State, copies of all such -maps, documents,
publications, papers and surveys, relating to the North Eastern Boundary of
the United States, described in the treaty of 1783, and such other informa-
tion on that subject as he may deem necessary and useful for this State
to be possessed of ; and that the sum of five hundred dollars be appropriated
to carry into effect the provisions of this Resolve ; and that the Governor be
authorized to draw his warrants on the treasury for the same, as occasion,
from time to time, may require, he to be accountable for the same.

Resolved, That the Governor of this State, in conjunction with the
Governor of the Commonwealth of Massachusetts (provided said Common-
wealth shall concur in the measure), be authorized to cause the Eastern and
Northern lines of the State of Maine to be explored, and the monuments,
upon those lines, mentioned in the treaty of 1783, to be ascertained in such
manner as may be deemed most expedient.

In 1829, Governor Lincoln said in his message :

. . ,. That the decision of the dispute, as to our North Eastern
Boundary, is referred to the King of the Netherlands, and while I submit
that no reference in such a case was warrantable, yet there seems to be no
objection to the personage selected, for how can he, the subject of impar-
tial history, and not apparently dependent on any advantage from either
party, being an umpire between nations, act as the magnanimous dispenser
of justice, who has the power to achieve the most glorious victory by the
suppression of the most extreme error?

When the Legislature of Maine convened in 1831, the King of the
Netherlands had rendered his decision. An official communication from
President Van Buren to Governor Smith, together with a translation of the
full text of the award, was transmitted to the Legislature, with a special
message by the Governor, who had also devoted a considerable portion of
his annual message to the matter. A joint select committee was appointed
by the Legislature to consider the whole subject, who submitted an elaborate
and exhaustive report, full of indignation at the findings of the arbitrator,
signed by its chairman, John G. Deane. It not only attacked the impar-

NORTH-EASTERN BOUNDARY CONTROVERSY 267

tiality of the arbitrator, but strongly intimated that he was not in fact, a
sovereign, within the true meaning of the convention, which clothed him
with the power and authority to act. These resolutions closed as follows :

Whereas, By the convention of September, 1827, an independent sove-
reign was to be selected by the governments of the United States and Great
Britain, to arbitrate and settle such disputes as had arisen, and the King
of the Netherlands was pursuant to that convention selected the arbiter,
while an independent sovereign, in the plentitude of his power, exercising
dominion and authority over more than 6,000,000 of subjects ;

And Whereas, By the force of the prevalence of liberal opinions in
Belgium, the Belgians overthrew his power and deprived him of more than
half of his dominions and reduced him to the former dominions of the
Stadtholder, leaving him with the empty title of the King of the Nether-
lands while he is only King of Holland, and thereby increasing his depend-
ence upon Great Britain for holding his power even in Holland, which from
Public appearances he held from a very doubtful tenure in the affections
of the Dutch.

And Whereas, The King of the Netherlands had not decided before his
Kingdom was dismembered and he consented to the division, and his public
character had changed, so that he had ceased to be that public character,
and occupying that independent station among the sovereigns of Europe
contemplated by the convention of September, 1827, and which led to his
selection.

Therefore, Resolved, In the opinion of this Legislature, That the deci-
sion of the King of the Netherlands, cannot and ought not to be considered
obligatory upon the government of the United States, either on the princi-
ples of right and justice, or of honor.

Resolved, Further, for the reasons before stated, That no decision
made by any umpire under any circumstances, if the decision dismembers
a state, has or can have, any constitutional force or obligation upon the State
thus dismembered unless the State adopt and sanction the decision.

At the session of the Legislature of 1831, an act was passed to incor-
porate the town of Madawaska, including territory southward of the river
St. John, and the disputed territory northward* of that river. In 1832,
Governor Smith, in his annual message, said:

In the month of October last, information was received that a number
of the inhabitants of Madawaska had organized themselves into a corpora-
tion, chosen municipal officers, and subsequently a representative ; and that
in consequence of these acts, the lieutenant-governor and other authorities
of New Brunswick, accompanied with a military force, had proceeded to
Madawaska, and arrested a number of American citizens, who were car-
ried to Fredericton, and there imprisoned.

Though the measures adopted by the inhabitants, voluntarily organiz-
ing themselves into a corporation at that place, then claimed to be under
the actual jurisdiction of the Province of New Brunswick, were unexpected
by me, and undertaken without my knowledge ; yet, as they acted in terri-
tory known to be within the limits of Maine, and in obedience to the laws
and constitution, I considered that they were entitled to the aid and protec-
tion of their government.

"Now Upper Madawaska, in the Province of New Brunswick.

268 HISTORY OF MAINE

Immediately, therefore, on receiving evidence of these transactions,
they were communicated, together with all the circumstances in relation to
them within my knowledge, to the Department of State of the United
States, with a request that the proper measures might be adopted by the
General Government to procure the release of our citizens, and to protect
the territory of our State from invasion. Upon the receipt of this com-
munication, though the proceedings of the inhabitants of Madawaska were
considered to be a breach of the arrangements made with the British Minis-
ter, for preserving the state of things as it then existed on both sides, till a
final disposition of the question, those measures were promptly adopted by
the President, which resulted in the release of our citizens from imprison-
ment, and rendered further proceedings on the part of this State, in refer-
ence to that object, unnecessary.

A special committee was appointed, to which was referred that part of
Governor Smith's message that related to the North Eastern Boundary.
Among its members appear the names of Reuel Williams and Nathan Clif-
ford. They submitted the following resolve :

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.

Resolved, That if there is any attribute of State Sovereignty 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 guarantee 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 submitted to the King of the Netherlands; and that his
recommendation of a suitable or convenient line of boundary is not obliga-
tory upon the parties to the submission.

Resolved, That this State protests against the adoption, by the Govern-
ment of the United States, of the line of boundary recommended by the
King of Holland as a suitable 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 integrity, as well as the inde-
pendence, of every State in the Union.

Resolved, That while the people of this State are disposed to yield a
ready obedience to the Constitution and laws of the United States, they will
never consent to surrender any portion of their territory, on the recom-
mendation 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 Washington, 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
deliver a copy to the Vice-President, to each of the Heads of Departments,
and to each member of the Senate, and to our Representative in Congress.

Resolved, That our Senators in Congress be instructed, and our Repre-
sentatives requested, to use their best efforts to prevent our State from

NORTH-EASTERN BOUNDARY CONTROVERSY 269

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 Governor and Council,
be instructed to co-operate with our Senators and Representatives, in advo-
cating and enforcing the principles advanced, and positions taken, in the
foregoing 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.

Governor Dunlap, in 1834, notes that this question is still unsettled, but
considers that the way "is now open for the ultimate attainment of our
rights," inasmuch that the President of the United States had announced
as the policy of the National Administration, in negotiations with foreign
powers, to "submit to nothing that is wrong." In the years 1834, 1835 and
1836 the Governor's messages refer to it only as "yet being in an unsettled
state," but in 1837, Governor Dunlap regrets that he has "received no infor-
mation to warrant the opinion that a speedy adjustment is expected." and
asserts that "our soil and bur sovereignty have been invaded." A joint
committee at this session of the Legislature was appointed to investigate
and report. John Holmes was its chairman on the part of the House.
Their report of ten pages was one of the most searching that had been
made, and they submitted the following resolutions:

Resolved, That we view with much solicitude the British usurpations
and encroachments on the northeastern part of the territory of this State.

Resolved, That pretensions so groundless and extravagant indicate a
spirit of hostility which we had no reason to expect from a nation with
whom we are at peace.

Resolved, That vigilance, resolution, firmness and union on the part of
this State are necessary in this state of the controversy.

Resolved, That the Governor be authorized and requested to call on the
President of the United States to cause the North Eastern Boundary of this
State to be explored and surveyed and monuments erected according to the
Treaty of 1783.

Resolved, That the co-operation of Massachusetts be requested.

Resolved, That our Senators in Congress be instructed, and our Repre-
sentatives requested to endeavor to obtain a speedy adjustment of the con-
troversy.

Resolved, That copies of this report and resolutions be transmitted to
the Governor of Massachusetts, the President of the United States, to each
of our Senators and Representatives in Congress and other Senators in
Congress, and the Governors of the several States.

When the Legislature of 1838 had assembled, the people of Maine had
become exasperated, for since the adjournment of the last Legislature, the
depredations and trespasses upon territory that was in dispute, also upon
portions of territory of which the title of Maine was practically undis-
puted, had increased to an alarming degree. The province people, evidently

270 HISTORY OF MAINE

fully supported by their officials and the government of Great Britain, had
never before been so arrogant, defiant and insolent in extending by force
and unlawful means, their illegal jurisdictional rights, as during the years
then drawing to a close. The conditions were acute and the situation
serious.

The Whigs had gained the ascendency in Maine and had elected Edward
Kent, Governor. Governor Kent was an able lawyer and a profound jurist,
and was for many years after, one of the ablest members of the Supreme
Court of this State. He had informed himself fully of the complex condi-
tions and had given the whole matter careful consideration and devoted
much of his message to this subject ; among other things he said :

The first duty of Maine, as it seems to me, is to claim the immediate
action of the general government, to move efficiently and decidedly, to bring
the controversy to a conclusion. We have had years of negotiation, and
we are told that we are apparently no nearer to a termination than at the
commencement. Maine has waited with most exemplary patience, until even
her large stock is almost exhausted.

She has no disposition to embarrass the action of the general govern-
ment, but she asks that some action be had — some movement made with a
determined purpose to end the controversy.

She cannot quietly submit to have her territory wrested from her, her
citizens imprisoned, her territorial jurisdiction annihilated, and her rights
lost by the bold and persevering and unopposed claims of a foreign power.
She cannot consent to be left alone in the controversy, or to be left in doubt
as to the aid or countenance she may receive from the authorities of the
Union in maintaining her acknowledged rights. She asks the quiet and
undisturbed possession of her territory, according to the treaty, and that
foreign and intrusive possession be put an end to ; and by this claim she
will abide. She will do nothing rashly, and indulge in no spirit of nullifica-
tion ; and it will not be until all hope of settling the vexed question by nego-
tiation, and all requests for other aid are denied or neglected, that she will
throw herself entirely upon her own resources, and maintain, unaided and
alone, her just rights, in the determined spirit of injured freemen. But
those rights must be vindicated and maintained ; and if all appeals for aid
and protection are in vain, and her constitutional rights are disregarded, for-
bearance must cease to be a virtue — and, in the language of the lamented
Lincoln,2* Maine may be "compelled to deliberate on an alternative which
will test the strictness of her principles and the firmness of her temper."
The recent movement in Congress by one of our Representatives — sustained,
as we confidently trust, by his colleagues, give some encouragement to hope
that the day for decisive action is at hand.

From the time when the King of the Netherlands, in 1831, rendered
his decision until the whole matter came to a crisis in Maine, in 1839, and
resulted in what was known as the "Aroostook War," the Federal govern-
ment did not make any decisive move that would be a notice to the world
that her frontier in Maine was to be protected at all hazards. History often
repeats itself. Then, even more than now, the party in power was inclined

"Governor Enoch Lincoln.

NORTH-EASTERN BOUNDARY CONTROVERSY 271

to consider first of all what effect such action would have upon its political
fortunes.

President Jackson had not acted with his usual vigor and aggressive-
ness in any attempts to settle this question with England and preserve our
rights, maintain our national honor, and protect the rights and honor of a
sovereign state against the overt acts of a foreign power. He had disap-
pointed his political friends and lent encouragement to his enemies in both
Maine and Massachusetts. President Van Buren took his seat in 1837,
and, although the situation was much more serious than at any time during
Jackson's administration, he was equally as inclined to procrastinate, if not
to vacillate, about this subject of such vast importance, as was his prede-
cessor.

During this period Maine had been ably represented in both houses of
Congress. In the Senate had been such men as Ether Shepley, Peleg
Sprague, John Holmes and Reuel Williams. In the lower house had been
George Evans, F. O. J. Smith, Gorham Parks, Leonard Jarvis and Virgil D.
Paris. The Maine delegation, heartily supported by the Massachusetts dele-
gation, had been incessant in their efforts to force the administration to
action. Of their vigilance and faithfulness in this respect and their endea-
vors to constantly keep this issue a prominent one before the country there
can be no doubt.

And yet eloquent speeches in Congress, convincing passages in Gov-
ernors' messages and exciting reports and resolves of legislative com-
mittees, however much they might have aroused public sentiment in Maine,
failed of having any salutary effect upon their neighbors across the border,
sustained as they were by the powerful arm of Great Britain, so long as
the policy of the national government was a passive one. Rather did their
magistrates become more defiant in claiming jurisdictional rights over the
disputed territory, by issuing civil and criminal processes against the settler;
along the Aroostook, Madawaska and upper St. John rivers, and their offi-
cers more bold and domineering, and trespassing on these lands was
increasing. On the I4th of December, 1838, the land agents of Massa-
chusetts and Maine appointed George W. Buckmore an agent to proceed
to the Fish rivers and investigate the trespassing by New Brunswick parties
and prevent such trespassing if possible.

Based upon the report which Buckmore made to the land agent and
other similar reports, Governor Fairfield, January 23, 1839, submitted to
the Legislature a message, in which he asserted that:

By this report it appears that a large number of men, many of them,
I am informed, from the British provinces, are trespassing very extensively
upon the lands belonging to this State ; that they not only refuse to desist,
but defy the power of this government to prevent their cutting timber to any
extent they please.

Upon the Grand river, it is estimated there are from forty to fifty
men at work. On the Green river, from twenty to thirty.

272 HISTORY OF MAINE

On the Fish river, from fifty to seventy-five men with sixteen yoke of
oxen and ten pair of horses, and more daily expected to go in. On town-
ship H ten men, six oxen and one pair of horses. On the little Madawaska
seventy-five men, with twenty yoke of oxen and ten horses. At the Aroos-
took Falls fifteen men with six yoke of oxen.

The quantity of timber which these trespassers will cut the present win-
ter is estimated in value, by the Land Agent, at one hundred thousand
dollars.

And the Governor very pertinently remarked that it was not merely
the property that was at stake, but "the character of the State is clearly
involved." He recommended to the Legislature that the land agent be
instructed forthwith to proceed to the place of operation on the Aroostook
and Fish rivers with a sufficient number of men suitably equipped, to "seize
the teams and provisions, break up the camps, and disperse those who are
engaged in this work of devastation and pillage." In this report Mr. Buck-
more says:"

During my stop at the Madawaska settlement, I was called upon by
Francis Rice and Leonard R. Coombs, Esquires, two of the Magistrates
living at Madawaska, to learn my business on the St. John River, which
I freely communicated. They said they were authorized by the Governor
to arrest all persons attempting to exercise jurisdiction, on the part of the
American Government, in the Madawaska settlement, and that they should
forward a copy of my instructions to the Governor at Fredericton.

January 24, 1839, the Legislature passed a resolve instructing and
empowering the land agent to carry out the recommendations of the Gov-
ernor, and appropriating ten thousand dollars for the purpose.

In 1838, the Democrats had defeated Governor Kent, the Whig Gov-
ernor, and were again in power in Maine and had elected John Fairfield,
Governor, who was inaugurated in 1839. He appointed Rufus Mclntire, of
Parsonsfield, land agent. Mr. Mclntire was unquestionably a man of ability
and integrity. He was a lawyer and had represented his district in Con-
gress four terms. Pursuant to the legislative resolve above referred to,
Governor Fairfield ordered the land agent to go to the Aroostook and
Madawaska country for the purpose of carrying out the provisions of the
resolve. Mr. Mclntire employed Major Hastings Strickland, of Bangor.
then sheriff of Penobscot county, to accompany and assist him in this work.

Consequently an expedition left Bangor during the first week of Feb-
ruary, 1839, consisting of the land agent, Major Hastings Strickland, with
a large civil posse, Ebenezer Webster and Captain Stover Rines, of Orono,
and Gustavus G. Cushman, of Bangor. They proceeded to the mouth of
the Little Madawaska river, where they encamped. During the night of
February 12, the house or camp where Mclntire slept was surrounded by
about forty armed men. Mclntire demanded by what authority they
.arrested him, and the commander, pointing his musket at Mclntire's breast.

"Buckmore's report was made to Elijah L. Hamlin, land agent, in 1838.

NORTH-EASTERN BOUNDARY CONTROVERSY 273

said, "This is our authority." They were taken before a magistrate at
Woodstock who issued a warrant against Land Agent Mclntire, Gustavus
G. Cushman and Thomas B. Bartlett, of Bangor, and they were forthwith
marched to Fredericton and lodged in jail.

On Sunday, February ijth, the citizens of Bangor beheld officers
escorting two of the leading men among the province trespassers, Mr. Mc-
Laughlin, warden of the public lands in New Brunswick, and Captain Tib-
bets, of the Tobique settlement, as prisoners through the streets of that
city. They had been captured by the Maine soldiers a few days before and
were taken to Bangor, but, unlike the prisoners captured by the British,
they were not incarcerated in jail, but were held in custody in the Bangor
House and fared sumptuously."

On March i, 1839, news was received in Bangor that a regiment of
eight hundred Fusileers had arrived in the city of St. John, from Cork,
Ireland, and would march forthwith to the disputed territory. Five hun-
dred British regulars had arrived at Madawaska from the city of Quebec,
and eight pieces of cannon had been transported up the St. John river from
Fredericton. The people of Maine were kept informed of the doings at the
"Seat of War" by special messengers, stages and express teams, daily com-
ing into Bangor.

The Bangor Whig was published daily, and was one of the most
interesting of the Maine newspapers of the day. It kept a "war cor-
respondent" at Houlton, and had a column or more in every issue for
several weeks, giving graphic descriptions of the scenes of "war," of the
hardships which were encountered, and of the soldiers tenting on the melt-
ing snowdrifts, all the way from Houlton to Madawaska. Some of this
correspondence would have done credit to the "stories" of the "yellow"
journals of more recent times. In one of these letters, published March
7th, the writer says: . . . "let us give every hireling and subject of a
monarchy, that grant to territory, which King Harold of yore was willing
to give to the Norwegian King — seven feet by two."

The news of that day and the editorials in the papers at the time were
more or less colored by the issues of Maine politics. The Bangor Whig
was violently partisan, and for a time did not give Governor Fairfield (who
was a Democrat, and had been chosen Governor over Governor Kent) credit
for being either competent or patriotic. But as the public mind became
intensified in favor of protecting our border, it changed its course and was
soon supporting his official acts as loyally as did the Argus, the Age, or
any of the Democratic papers.

"The Bangor Whig, in speaking of this occurrence, editorially remarked: "It is
worthy of remark and remembrance, that our Land Agent, when passing through
Woodstock, was greeted with jeers and insults by British Subjects, but when the
British Land Agent rode through this city, although there were over a thousand
people assembled in the streets, he was suffered to pass in silence. Not a lip wai
opened or an insult offered."

MB.— 18

274 HISTORY OF MAINE

When Sheriff Strickland first went to the Aroostook with his posse,
and when Mclntire was taken prisoner by Sir John Harvey's officers, the
Whig papers contended that Mclntire" left his camp and troops and went
within a mile of the enemy to obtain a feather bed to sleep upon, and was
thus seen and captured, and that if he had been content to have reposed
upon spruce boughs he would not have fallen into the toils of the enemy.
Some slurs were also cast upon Hastings Strickland for what they termed
his "untimely haste" in escaping from the British officers, intimating that he
was cowardly, and retreated very unceremoniously. The facts, however,
were that he was alert enough not to be taken prisoner, as some of his
companions were, and perceived at once the necessity for immediate and
decisive action on the part of Governor Fairfield and Adjutant-General
Hodgdon, if Maine's rights were to be protected. Being a man of great
energy, he went from Madawaska to Augusta as rapidly as relays of swift
horses would carry him" for the purpose of prevailing upon the State gov-
ernment at Augusta to mobilize troops upon the border without further
delay. Major Strickland was a man of political sagacity and a leader of
influence in the Democratic party, and one whom Governor Fairfield relied
upon for advice and counsel.

Naturally both political parties tried to make political capital for them-
selves, the effect of which was to hinder efficient progress in protecting our
frontier. The Democrats criticized Governor Kent in 1838, and in turn the
Whigs censured Governor Fairfield whenever it was possible to do so. As
the "War," or the military movement of troops to the frontier, was made
under Governor Fairfield, the Whigs for many years thereafter kept up an
incessant fire of ridicule against him, and Land Agent Mclntire and Major
Strickland. In this way it became a false tradition that the latter ran away
from a conflict to escape imprisonment. One of the doggerels of the day
commenced :

"Run, Strickland, run !
Fire, Stover, fire !
Were the last words of Mclntire."

In the meantime the situation was becoming more and more inflam-
matory. It was the subject of discussion and agitation in England as well
as America. On the 7th of March, 1839, both Lord Brougham and the
Duke of Wellington made speeches regarding it in the House of Lords,
calling attention to information which had been received from Canada and
New Brunswick to the effect that lawless Yankees were invading and tres-
passing upon the British soil.

When the people of Maine received news of the proclamation of Sir
John Harvey, lieutenant-governor of New Brunswick, of February 13, 1839,

"When Mclntire was imprisoned, Governor Fairfield appointed Colonel Charles
Jarvis provisional land agent.

"Bangor newspapers stated that Major Strickland did not even stop at his home
in Bangor, but proceeded directly to Augusta.

NORTH-EASTERN BOUNDARY CONTROVERSY 275

which was a declaration of war, and the imprisonment of the land agent, the
feeling of indignation was deep and universal. The Legislature appro-
priated $800,000 to be used by the Governor for the protection of the public
lands. A draft was also ordered of 10,343 from the militia to be ready for
immediate action. General Bachelder was commander of the western divi-
sion of militia. Many volunteers from Penobscot and Piscataquis counties
and other eastern portions of the State were also enlisted." Within a week
ten thousand American troops were either in the Aroostook region, or on
the march there.

The National government was at last awake to the seriousness of the
situation. Congress passed a bill authorizing the President of the United
States to raise 50,000 troops for the support of Maine, and appropriating
$10.000,000 to meet the expense if war became unavoidable.

General Scott was ordered to the scene of action, informing Governor
Fairfield that he was "specially charged with maintaining the peace and
safety of the entire northern and eastern frontiers." He arrived in Augusta
with his staff the fifth of March, 1839, and opened headquarters. General
Scott was also clothed with full power to act as mediator between the State
of Maine and the Province of New Brunswick, and to enter upon negotia-
tions which would if possible end further hostilities. He immediately com-
municated officially with Governor Fairfield and Sir John Harvey. The
result was that on March 23, 1839, Sir John Harvey agreed to the terms of
settlement negotiated by General Scott, and on March 25 the same were
ratified by Governor Fairfield, who immediately issued orders to recall the
troops from the Aroostook and the prisoners on both sides were liberated.

Thus ended the famous "Aroostook War," and fortunately for the
people of the State and the Province it was a bloodless one. It has been
derided and scoffed at and regarded as a huge international joke, and often
has it been the subject for jest and laughter on the stump, and ever a fertile
field for the grotesque wit of newspaper writers. And yet it is an incident
in international history, in the history of the Nation, and of the State of
Maine, that is of supreme importance and interest. For years its solution
puzzled the wisest of our statesmen. The people of Maine believed that the
territory which they possessed, and in which no one else had any rightful
or lawful interest, was being wrongfully and illegally taken from them and
that the government at Washington delayed the assertion of our rights
unnecessarily, because it feared Great Britain.

Two expeditions were made to the Aroostook and Madawaska country.
The first one, as we have seen, was by the land agent, accompanied by
Major Strickland as sheriff of Penobscot county, with a posse of men for

"These volunteer soldiers were not paid by the Adjutant-General, as were the
members of the militia, but were paid by the Land Agent. These payrolls were in
the State Land Office until some fifteen years ago, when, presumably through the
carelessness of employees in that office, they were lost. Hence there is nc record of
the names of these volunteers.

276 HISTORY OF MAINE

the purpose of driving off trespassers upon Maine soil. The second expedi-
tion was a military one to repel an invasion of the State, which the lieuten-
ant-governor of New Brunswick, Sir John Harvey, had threatened to make.
Patriotic sons of the Pine Tree State left their homes and firesides in the
most inclement season known to our rigorous climate and marched through
the deep snows of a wilderness, two hundred miles, to defend our frontier
from foreign invasion, when the Federal government was needlessly pro-
crastinating and turning a deaf ear to the cries of suffering and oppressed
pioneers in the upper St. John valley. Because the good fortunes of diplo-
macy triumphed and averted the shedding of blood, is no reason why they
are not entitled to a high place in the roll of honor, with all of the other
hosts of patriotic defenders of our country and the protectors of her glory
and renown.

I

In his annual message January 3, 1840, Governor Fairfield, in referring
to the Resolves of the Legislature, passed in March, 1839, explains the
withdrawal of the troops by saying :

Soon after the adoption of the resolution, I received the written assent
of the Lieutenant Governor of New Brunswick to the following, made to
him by Major-General Scott, to wit:

That it is not the intention of the Lieutenant Governor of Her Brit-
annic Majesty's Province of New Brunswick, under the expected renewal
of negotiations between the Cabinets of London and Washington on the
subject of said disputed territory, without renewed instructions to that
effect, from his government, to seek to take military possession of that ter-
ritory, or to seek by military force, to expel the armed civil posse of the
troops of Maine.

Upon the basis of this arrangement, the troops were recalled by the
Governor, but he kept quite a large force or civil posse there after the
withdrawal of the troops, under the direction and control of the land agent.

The Webster-Ashburton Treaty, which finally adjusted this interna-
tional dispute that was acute for more than half a century, was concluded
August 9, 1842 ; ratification advised by the Senate, August 20, 1842 ; rati-
fied by the President, August 22, 1842; ratifications exchanged, October 13,
1842 ; proclaimed, November 10, 1842.

Other subjects, including the suppression of the slave trade and extra-
dition, were also treated in this convention. The first and third articles,
relating to the North Eastern Boundary are as follows :

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

NORTH-EASTERN BOUNDARY CONTROVERSY 277

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
Pohenagamook ; 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 highlands that
divide those rivers which empty themselves into the river Saint Lawrence
from those which fall into the river Saint 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 a point
where the parallel of latitude of 46° 25' north intersects the southwest
branch of the St. John's ; thence, southerly, by the said branch, to the source
thereof in the highlands at the Metjarmette portage ; thence, down along the
said highlands which divide the waters which empty themselves into the
river Saint 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 Valen-
tine and Collins, previously to the year 1774, as the 45th 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 intersec-
tion, west, along the said dividing line, as heretofore known and under-
stood, to the Iroquois or St. Lawrence River.

Article III. — In order to promote the interests and encourage the indus-
try 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 naviga-
tion 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, lum-
ber, timber, boards, staves, or shingles, or of agriculture, not being manu-
factured, 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 produced, 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 sea-port at the mouth of the said river St. John's
and to and round the falls of the said river, either by boats, rafts, or other
conveyance; that when 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 territory 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 govern-
ments, 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.

In 1841 Edward Kent was for the second time seated as Governor of
Maine. In his annual message he refers to a procedure on the part of

278 HISTORY OF MAINE

Great Britain that was convincing that she was violating the terms of the
arrangement for peace initiated by General Scott and entered into by the
Washington Government, the State of Maine and the Province of New
Brunswick. Governor Kent said :

The correspondence which has recently been communicated to you by
my predecessor, discloses another movement on the part of the British
authorities, well calculated to arrest attention and call forth indignant
remonstrance on the part of Maine and the Union. If I am correctly
informed, in a very short time after the conclusion of the agreement by
which it was, in effect, stipulated that the British authorities should not take
military possession of what is termed by them "the disputed territory," and
during the existence of that arrangement, a detachment of Her Majesty's
troops was stationed at Temiscouata Lake, within that territory, and has
been continued there ever since. And we are now informed that another
detachment has been moved to and stationed at the Madawaska settlement,
for the purpose of sustaining the jurisdiction and supporting the exercise of
authority on the part of the British magistrates.

In 1842 the Whigs had been defeated at the polls and Governor Fairfield
was again in office. John Tyler was President of the United States, and
Daniel Webster was Secretary of State.

In his message to the Legislature, the Governor said that the State had
good grounds to believe a fair and reasonable proposition on the part of our
government, with a view to a final and amicable settlement of the ques-
tion, had remained another year unanswered, if not unnoticed. He expressed
the opinion that there was no room for doubt or hesitancy as to the course
which the general government ought to pursue and observed that "National
honor, as well as justice to Maine, clearly indicate it — and that is, to purge
the soil of this State effectually, and without delay, of every vestige of
British encroachment; and then, if there is to be further negotiation upon
this subject, let it be on the part of Great Britain to obtain what for more
than a quarter of a century she has refused to yield. When a reasonable
expectation can no longer be entertained that the general government will
adopt this, or some equally efficacious course, if Maine is true to herself,
she will take possession of the whole territory, and, if need be, use all the
means which God and nature have placed in her hands to maintain it."

On the 1 7th of January, resolutibns were passed instructing the Sen-
ators to call on the President for information as to the state of the nego-
tiations, to which Mr. Webster replied that no correspondence had taken
place which, in his judgment, could be made public without prejudice to
the public interest.

A joint-select committee, of which Hon. Edward Kavanagh was chair-
man, made a report on the 7th of March, which practically restated and
emphasized the position that Maine had always taken regarding the sub-
ject and recommended adhering to it and added : "Maine, through her
Legislature, has uniformly protested against an arbitration ; and we hazard

NORTH-EASTERN BOUNDARY CONTROVERSY 279

nothing in saying that the people of this State will never consent that the
inheritance derived from their ancestors be committed to such a hazard."

On the nth of April, Mr. Webster wrote Governor Fairfield that Lord
Ashburton, a Minister Plenipotentiary and Special, had arrived at Washing-
ton, with full powers to negotiate and settle the different matters in dis-
cussion between the two governments ; that in regard to the boundary ques-
tion he "had authority to treat for a conventional line, or line by agreement,
on such terms and conditions, and with such mutual considerations and
equivalents, as may be thought just and equitable." He referred the Gov-
ernor to the great losses of Maine in the Aroostook War, and to the fact
that the United States had already paid $100,000 towards an exploration;
and, disregarding the declaration of Mr. Kavanagh's committee that Maine
would never give her consent thereto, told him that if the case were not
settled now it would go to another arbitration. He then proposed that
Maine and Massachusetts should appoint commissioners, with authority to
give assent of those States to such a settlement as he and the British Pleni-
potentiary might agree upon; and, to this end, that the Governor should
convene the Legislature in special session, without unnecessary delay.

In accordance with this request, the Legislature was convened by the
Governor, at Augusta, on the i8th day of May, 1842. When the Legisla-
ture came together, they were informed by the Governor that "the British
government is now prepared to propose . . . what may be thought to be
a just and equitable equivalent for a portion of that which she has hereto-
fore claimed as her own." He denounced any agreement for dividing the
territory which did not afford an equivalent for the part that should be
ceded to Great Britain. Hon. Israel Washburn, Jr., then of Orono, and
afterwards member of Congress and Governor of Maine, was a member of
the Legislature of 1842, and at a later time" in describing the attitude of
Maine regarding this matter during that period, said :

The question was debated with much spirit for several days. Hon.
Peleg Sprague, of Boston, Judge of the United States District Court, for-
merly a Senator in Congress from Maine, visited Augusta as the representa-
tive of Mr. Webster, and had prolonged conferences with members of the
Legislature, urging the appointment of Commissioners, with liberal powers ;
and Mr. Jared Sparks," the historian, was mentioned, confidentially, by the
knowing ones, as being at the Capital and holding private interviews with
certain members of the Legislature. Hon. Albert Smith, a former member

"Jared Sparks while engaged in searching in the archives of Paris among a great
mass of papers that related to the American Revolution, chanced to discover a letter
from Dr. Franklin to Count D'Vergennes, as follows:

Passy, Dec. 6, 1782.

Sir:— I have the honor of returning herewith the map your Excellency sent me
yesterday. I have marked with a strong red line, according to your desire, the limits
of the United States, as settled in the preliminaries between the British and American
plenipotentiaries. With great respect, I am. &c.,

B. Franklin.

""The North Eastern Boundary," by Israel Washburn, Jr., in "Collections Maine
Historical Society," Vol. 8, pp. 88-89.

280 HISTORY OF MAINE

Mr. Sparks immediately transmitted a copy of this letter to Mr. Webster, writing
to him that :

"You may well suppose that I lost no time in making inquiry for the map, not
doubting that it would confirm all my previous opinions respecting the validity of our
claims. In the geographical department of the archives are sixty thousand maps and
charts, but so well arranged with catalogues and indexes that any one of them may
be easily found. After a little research in the American division, I came upon a map
of North America, by D'Anville, dated 1746, in size about eighteen inches square, on
which was drawn a strong red line throughout the entire boundary of the United
States, answering precisely to Franklin's description. * * * Imagine my surprise
on discovering that this line runs wholly south of the St. John, and between the head
waters of that river and those of the Penobscot and Kennebec. In short, it is exactly
the line now contended for by Great Britain, except that it concedes more than is
claimed. * * There is no positive proof that this map is actually the one marked
by Franklin ; yet, upon any other supposition, it would be difficult to explain the cir-
cumstances in its agreeing so perfectly with his description, and of its being preserved
in the place where it would naturally be deposited by the Count D'Vergennes."

No doubt this Franklin letter and red line map, found by Mr. Sparks, had great
effect in influencing the Legislature of Maine and later the United States Senate,
when it considered the question of ratifying the Webster-Ashburton Treaty. Yet facts
have been discovered since that demonstrate that this evidence was probably worth-
less. Years afterwards a copy of Mitchell's map was found in the private library
of King George III, and is now in the British Museum, having upon it a line showing
the American claim, and marked by the King's own hand as "the boundary described
by Mr. Oswald."

Referring to this, Ganong (Supra, p. 356) says:

"This map more than offsets the testimony of the very doubtful red line map."

of Congress from this State, a gentleman of large influence, alike from his
distinguished ability and his rare and genial humor, was also in attendance
as an organ of the State Department. Measures for the preparation of
public opinion for a conventional line were set on foot. Leading news-
papers— religious as well as political — were in possession of new light and
unwonted zeal upon this subject, to the extent, in some cases, of being
able to see things that had been wholly obscured before — and the secret
service fund of the State Department suffered a shrinkage, the details of
which, if I remember aright, Mr. Charles Jared Ingersoll, with all his pains,
was never able to obtain.

With all this effort, and notwithstanding the proposition was only for
the appointment of Commissioners who, it was supposed, would make
equivalents in kind as the conditions of any convention they might assent
to, there was a respectable minority of the Legislature, who were inflexibly
opposed to the appointment of Commissioners, upon any conditions. Some
of them believed that the State had no rightful power to sell or transfer,
for a consideration, any of its citizens. Mr. William Frye, of Bethel, a
member of the committee to which the subject had been committed, made a
minority report in maintenance of this position; and I think there was not
a member of either house who had a thought or fear that any convention
would be entered into, under which if the State surrendered land which
was hers by the treaty of 1783, she would not receive territory in return,
which was acknowledged to belong to New Brunswick. From the oppor-
tunity which I had of knowing the feeling and expectation of members —
having myself been one of them — I believe I take no risk in saying that if
it had been understood that any line would be agreed upon that should not
give to Maine some portion of the acknowledged territory of New Bruns-
wick, in exchange for what the latter should receive from Maine, the
commission would never have been constituted. I do not believe it would
have received ten votes in both houses.

NORTH-EASTERN BOUNDARY CONTROVERSY 281

Four Commissioners — two from each political party — were appointed
by the Legislature. William Pitt Preble and Edward Kavanagh repre-
sented the Democrats ; Edward Kent and John Otis the Whigs. They
proceeded without delay to Washington, and were there joined by Abbot
Lawrence, John Mills and Charles Allen, Commissioners from Massa-
chusetts. Mr. Washburn in his paper above referred to also said :

The assent of Maine to the treaty, which was literally wrung from her
Commissioners, was given on the twenty-second of July, 1842. Massa-
chusetts had given hers two days before. One needs but to read the paper
in which that of Maine was conveyed, or the report of the Commissioners to
the Governor, to discover that it was only through moral duress of the
representatives of Maine that the document was obtained. The grief and
the shame of it were expressed in words which cannot be misunderstood.

The Commissioners said:

Considering, then, this proposition as involving the surrender of
more territory than the avowed objects of England require, as removing
our landmarks from the well-known and well-defined boundary of the treaty
of 1783, the crest of the highlands, besides insisting upon the line of the
arbiter in its full extent, we feel bound to say, after the most careful and
anxious consideration, that we cannot bring our minds to the conviction that
the proposal is such as Maine had a right to expect.

But we are not unaware of the expectations which have been and
still are entertained of a favorable issue to this negotiation by the govern-
ment and people of this country, and the great disappointment which would
be felt and expressed at its failure. Nor are we unmindful of the future,
warned as we have been by the past, that any attempts to determine the
line by arbitration may be either fruitless, or with a result more to be
deplored.

Chapter XI

REFORM MOVEMENTS-
REAL AND SUPPOSED

CHAPTER XI
REFORM MOVEMENTS— REAL AND SUPPOSED

The nineteenth century was an age of "movements"; some were wise
and just, others foolish and wrong. In Maine there were four which played
a part politically. They were anti-Masonry, prohibition, anti-slavery, and
Know-Nothingism. The first to take a political shape, but the least import-
ant, was anti-Masonry.

In 1826, a New York mechanic named Morgan, announced that he
was about to publish a book revealing the secrets of the Order. He was
kidnapped by certain Masons, and disappeared from the sight of men. His
fate is still a mystery. There was a great outburst of popular feeling; it
was claimed that Morgan had been murdered, Masonry was charged with
setting itself above the State and the Church. Many Masons renounced
the order, and many lodges dissolved. A political party whose object was
the annihilation of Masonry was formed; in 1832 it nominated a President
and carried one State, Vermont, but the excitement quickly died down and
the party disappeared.

In Maine, anti-Masonry was for a time triumphant. Masonry almost
vanished. Josiah H. Drummond says in his "History of Portland Lodge" :
"The Grand Chapter of Maine failed to meet some years, and had merely
nominal meetings in other years. The Grand Lodge, from 1834 to 1843,
met annually, but once without a representative from a single lodge, and
had representatives but twice during that time from more than four lodges.
Indeed, almost all the lodges suspended their meetings and became dormant,
even if they did not surrender their charters."

In Maine, as elsewhere, the agitation took a political form. In 1831,
1832 and 1833 there were anti-Masonic candidates for Governor, receiving
in the several years, 869, 2,384, and 1,076 votes, respectively. In 1835 there
were 615 scattering votes, a number much larger than usual and it may be
that many of these votes were anti-Masonic. The party had a sudden rise
and a rapid fall, and in the forties Masonry revived. About the time that
anti-Masonry ceased to be an issue the anti-slavery agitation began.

There is no reference to slavery in Maine during the Gorges period.
When the province became a part of Massachusetts, the customs and laws
of the Bay Colony took effect there. In 1645 the General Court had for-
bidden slavery in Massachusetts except in the case of captives taken in a
just war, or as a punishment for crime, but negro slavery was gradually
introduced and in 1705 a law recognized its existence.

There were few slaves in Maine, and it is probable that they were
chiefly house servants in the commercial towns. Sir William Pepperell
had some as a part of his elaborate establishment at Kittery. Rev. Mr.
Smith, of Portland, desired to buy "a negro man and a likely young negro

286 HISTORY OF MAINE

woman." In 1764 there were in Maine 23,686 whites and 322 blacks; how
many of them were free and how many slave is not stated. No negroes
were found east of Pownalborough, the farmers of the interior preferred
to employ white labor. In 1774 Massachusetts passed an act forbidding the
importation of slaves, but it was disallowed by the Crown. In 1780 Massa-
chusetts declared in her constitution "that 'all men are born free and equal' —
a clause which was inserted by Judge Lowell, with special reference to the
subject of Slavery."1 It had been greatly mitigated by custom. "During the
last years the institution existed they (the slaves) suffered no greater hard-
ships than hired servants. They were admitted as church members They
could hold property, both real and personal. They testified in courts of
justice. Their family relations were seldom disturbed, although small negro
children when weaned, were sometimes given away like puppies as an
incumbrance."

In the debate on the ratification of the Federal Constitution, members
from Maine showed considerable feeling on the subject of slavery. When
the section forbidding Congress to abolish the slave trade was being con-
sidered, Rev. Mr. Neal, of Kittery, "went over the ground of objection to
this section, on the idea that the slave trade was allowed to be continued
for twenty years. His profession, he said, obliged him to bear witness
against anything that should favor the making merchandise of the bodies
of men, and, unless his objection was removed, he could not put his hand
to the Constitution. Other gentlemen said, in addition to this idea, that
there was not even a proposition that the negroes ever shall be free; and
General Thompson exclaimed, "Mr. President, shall it be said that, after
we have established our own independence and freedom, we make slaves
of others ? O ! Washington, what a name has he had ! How he has immor-
talized himself. But he holds those in slavery who have as good a right
to be free as he has. He is still for self; and, in my opinion, his character
has sunk fifty per cent.'"

The Missouri Compromise raised the question of the extension of
slavery in the Union and the opposition to it in Maine was very strong.

In 1825, Rufus King offered a resolution in the Senate setting aside the
proceeds of the public lands except when already pledged for the payment
of the national debt, as a fund inviolably pledged to assist in the emancipa-
tion and removal of slaves and the removal of free persons of color, to
be used only in States that permitted such emancipation or removal. Sen-
ator Hayne, of South Carolina, promptly offered counter-resolutions. The
Kennebec Journal made the comment : "Have we not some reason to sus-
pect the people of the southern states are not so anxious to rid themselves
of the evil as they pretend to be when we see them reject so generous an
offer?"1 King had always been opposed to slavery, and forty years before

'Barry, "Massachusetts," III, 189.
'Elliot, "Debates," II, 107.
'Kennebec Journal, April 30, 1825.

REFORM MOVEMENTS 287

had offered a resolution in the Continental Congress excluding it from the
Northwestern Territory.

In 1828, Benjamin Lundy, who. forms the connecting link between the
anti-slavery men of the Revolution and Garrison and his followers, visited
Maine. In 1831, Garrison, then an assistant of Lundy's, on his paper, the
Genius of Universal Emancipation, published at Baltimore, was sued for
libel, and went to Boston to obtain evidence to aid in his defense. While
there, in great need of funds, he received a check for $100 as a testimonial
of appreciation of his work for the slaves. The sender was an acquaint-
ance of Garrison, a native like him of Newburyport, Massachusetts, Deacon
Dole of Hallowell. In 1831 Garrison commenced the publication of the
Liberator, and in 1832 the New England Anti-Slavery Society was formed.
The radical views and bitter language of Garrison aroused the most
vehement opposition. The South demanded the suppression of the
Liberator, and it found many sympathizers in the North. The Argus
thought that it saw "indications of a spirit at the South, to seize upon the
most trifling provocations of (for) a rupture of the Union of the States."
It claimed that "the South . . . are [sic] beginning to be sensible of
the true character of slavery. The people of the South will overrule it, in
due season, for the general happiness of both masters and slaves, provided
they are let alone by us of the North."4 The Augusta Age said that it was
utterly impossible for the Abolitionists to benefit the slaves in the South, and
that the most moderate abolition propaganda would endanger the Union.

There were, however, some men in Maine who believed in the thor-
ough-going methods of Garrison. In November, 1833, the first anti-slavery
society in Maine was formed at Hallowell, and Deacon Dole was elected
president. In December a national anti-slavery society was formed at
Philadelphia, and one of the twenty-five vice-presidents was General Sam-
uel Fessenden of Portland. In 1834 a State anti-slavery society was or-
ganized in Maine, with Samuel M. Pond of Bucksport for president. It
censured the use of uncharitable language, and disclaimed any personal
hostility to slaveholders, and any intention of forming a political party ; but
its convention gave great offence by welcoming and inviting to sit with
them an English anti-slavery lecturer, George Thompson. The bringing of
a foreigner to discuss an American question, and the vigorous language
indulged in by him, was used by the anti-abolitionists to stir up a riot.
Willey says in his history of anti-slavery : "This brought him to Portland,
October 12, the next day to Brunswick and on the fifteenth to Augusta to
the state convention. His meetings were crowded with listeners who were
delighted and inspired. This alarmed political servility. Rev. J. T. Hawes
writes :

"Mr. Thompson addressed the meeting in a most powerful manner.
He read from a paper published in Augusta an editorial notice of his

'Argus, May 3, 1833.

288 HISTORY OF MAINE

expected presence, denouncing him as a 'mischief-maker coming across the
ocean to teach Americans their political duties.' And then he asked whether
the good people of Augusta and vicinity sustained such a paper. He said
that if it was a crime to have been born in England, he would submit it
to the audience to say whether he had not sufficiently atoned for the offence
by coming to America as soon as he could. The editor of the paper was
present, bit his lips, whistled, and left the room. Several men followed
him, and concocted a plan to raise a mob and break up the meeting if Mr.
Thompson should appear in the house again.

"He was invited to dine at Rev. Dr. Tappan's, and while there a mes-
sage was sent to warn him not to appear in the Court House again. This
message was delivered to Dr. Tappan, who, fainthearted good man, per-
suaded him not to go; so he stayed with him during the afternoon. Then
the whole convention moved down to Hallowell — two miles — where we had
a grand meeting in the evening" and the next day and completed our busi-
ness. The next Sabbath, Dr. Tappan preached a sermon, which if any of
the mobocrats heard, they did not soon forget. The Doctor was a little
timorous at first, but soon firm and decided — a most worthy man.

"Mr. Thompson lectured in Brunswick with persuasive effect upon the
students of Bowdoin, and others who heard him. From there he went to
Waterville where the students of another college shared the thrilling power
of his eloquence. Then he was invited back again to Brunswick where
students and a dense crowd felt again his power. Then he returned to
Portland and lectured six times in as many churches."

But if the Abolitionists were zealous in spreading their doctrines, their
opponents also appealed to public opinion. Meetings were held in many of
the principal towns to denounce abolitionism. On August 18, 1835, a largely
attended one was held at Portland. It declared that it condemned the
abolition agitation, that "its result was to excite the passions of the slaves
and to make free persons of color not only dissatisfied with- the condition
in which they were placed by the established orders of society, but to make
them repine and murmur at the order of Providence which by an indelible
character has marked them and will forever mark them as a peculiar
people." It was also resolved that "we have seen with feelings of indigna-
tion, itinerant, intermeddling foreigners, impertinently obtruding themselves
upon our people," and the fear was expressed that however honest the
intentions of the anti-slavery societies, they were in reality preparing the
way for servile insurrection and civil war.

The meeting voted that slavery was morally wrong and politically and
economically evil, but that "its immediate eradication would produce evils
which cannot be contemplated without dismay. Since independence the
sphere of slavery has contracted from natural causes and will continue to
do so, if not unreasonably and injudiciously agitated." The meeting as-
serted its respect for the feelings of philanthropy "which we trust first
called the societies into existence," but entered its solemn protest against

5The mob discovered what was being done and likewise adjourned to Hallowell.
Their attempt to break up the meeting was, however, frustrated by the prompt action
cf the officers of the peace.

R KFORM MOVEMENTS 289

their inflammatory and incendiary proceedings for the remedy of the evils
of slavery. It trusted "the generous and chivalrous South to give the
attention it demands and that in due time in the way their better informa-
tion shall dictate slavery shall gradually disappear from our country and
that only stain upon our national scutcheon be wiped away." The resolu-
tions were unanimously adopted and a committee consisting of one member
from each parish in the city was appointed to request the various parish
committees not to permit any person to lecture in their meeting-houses on
the abolition of Southern slavery. The Argus most cordially endorsed the
proceedings of the meeting. It declared that a general enthusiasm was
displayed, and all party feeling lost, that there was an evident wish at the
meeting among those hitherto backward to make themselves prominent, and
that but one feeling dared manifest itself in the town.

Nevertheless in the following year (1836) the Maine Anti-Slavery
Society "dared" to meet in Portland. The Mayor at first gave them per-
mission to use the city hall but then withdrew it. The Quaker meeting-
house opened its doors. As violence was apprehended the meeting sent
General Fessenden and Rev. Mr. Thurston to the Mayor to ask protection,
and they reported that the chief magistrate of the city had replied that he
was willing to do what he could, but that he could do nothing. A mob
assembled, hooted, threw stones and brandished clubs, but did not prevent
the meeting.

The Bangor Whig made this comment on the disturbance: "What
consummate folly! This usual attendant of a meeting of the Anti-Slavery
advocates, is building them up more rapidly than can be estimated." The
Whig was no abolitionist paper. About two months later it declared that,
"opposed, from every principle, to slavery, we nevertheless acknowledge
the right claimed by our Southern brethren, to be given (governed?) by
the Constitution under which we live. We would cheerfully aid the cause
of emancipation, but we are not convinced that a crusade against the slave-
holder in his present excited state, will have a tendency to loosen the bonds,
or hasten the redemption of the slave." The Whig, therefore, advised the
abolitionists to devote themselves to assisting England in her endeavors to
utterly destroy the African slave trade.

In 1837 occurred the murder of Elijah P. Lovejoy, a Maine-born man,
and a graduate of Waterville College. He had attempted to publish an
anti-slavery paper in Missouri and his press was destroyed. He moved
across the Mississippi to Alton, in the Free State of Illinois, and his press
was again destroyed. Lovejoy was determined to die if need be in defense
of free speech, ordered a third press, and with several armed friends went
to the building where it was stored, to protect it. An armed mob attacked
the warehouse and Lovejoy was killed defending his property. Many who
had been lukewarm on the subject of slavery were stirred by this attack

ME.— 10

290 HISTORY OF MAINE

on free speech, but the murder seems to have caused less excitement in
Maine than might have been expected. The Whig stated on November 30
that it disapproved the Lovejoy mob as it did all mobs, but that this one
was not especially bad. By February, however, it appears to have con-
demned the mob more severely, for it stated that if, as was reported, all
the Alton rioters had been acquitted, "Illinois should close her halls of
justice ; for their forms of law are but a farce and their pretended adminis-
tration of justice but a mockery."

In October, 1838, there was a sharp struggle in Brunswick over the
question of publicly discussing the subject of slavery. A meeting was
held to consider the matter and an attempt was made to railroad through
resolutions already prepared unfavorable to the abolitionists. Professor
Smythe of Bowdoin demanded a discussion. There were hisses and cries
of "Down with him!" but the Professor was not to be daunted. General
John C. Humphries came to his support and the meeting adjourned till
the 3Oth without action. When they reassembled, "General A. B. Thomson
offered resolutions to the following effect: Against any interference with
slavery by the people of non-slaveholding States. Admitting the right of
free discussion, but against the exercise of it and against any unlawful
opposition to it. That the opinions expressed in these resolutions were in
accordance with the sentiments of the vast majority of the citizens of that
community. Mr. Adams spoke in opposition to the resolutions, though his
remarks met with frequent interruption. The resolutions were adopted by
a vote of one hundred and sixty-three to one hundred and seventeen." On
Friday, November 2, there was a meeting of "the friends of free discus-
sion and the right of the people freely to assemble for the purpose of dis-
cussing any subject on morals, politics, or religion, in which they feel an
interest." The Messrs. Wheeler say in their "History of Brunswick :

"Professor William Smyth addressed the meeting at some length,
reviewing the action of the former meeting, and taking strong ground in
favor of free speech. Professor William Smyth, Dr. James McKeen and
Major Nahum Perkins were appointed a committee to prepare business
for the meeting. They reported the following resolution:

" 'Resolved that freedom of thought and of speech is the natural right
of every human being; and that our Federal Constitution sacredly guar-
antees its protection to every citizen of this Republic.'

"Brief remarks were made by John M. O'Brien, Esquire, in favor
of the resolution. He was followed by Mr. Codding, who addressed the
meeting at some length. A vote was then taken upon the resolution which
was almost unanimous in its favor. Resolutions were then passed that
while the meeting would express no opinion either for or against the prin-
ciples of the abolitionists, that they have a perfect right to hold and utter
and defend their sentiments, and 'that as good citizens they should patiently
bear with each other's supposed mistakes and errors, not doubting but, in
the end, from the collision of mind with mind in open, fair and manly
discussion, the truth on every important subject will shine forth clear as
the noon-day, commanding the united assent of all.' "

REFORM MOVEMENTS 291

Rev. Dr. Adams, the highly respected minister of the Congregational
church, invited an active anti-slavery minister, Mr. Cone, who was visiting
Brunswick, to occupy his pulpit. What followed is thus described, from the
anti-slavery point of view, in Willey's "History of Anti-Slavery" :

"There was a full audience, including college Faculty and students and
the Governor of the State." The subject was the Triumph of the Gospel,
and Mr. Cone mentioned some of the obstacles that may be removed
before it could triumph, including intemperance, Sabbath-breaking, and
slavery. When that last word was heard two wealthy ship owners and
masters were quickly on their way out of the church, and another was
prevented from following only by his daughter getting his hat. Others
were about to follow, and the Governor said he was only restrained by his
dignity. Pausing a little, Mr. Cone calmly remarked that it was unwise to
seek to escape from the truth; they must meet it somewhere, and they
could do it safer then than at the day of final account. He then finished
his discourse.

"Much excitement followed. Early Monday morning those ship owners
were on the street denouncing that 'nigger man Cone.' A crowd collected,
and when the orator paused, a robust man spoke : 'Gentlemen, I don't know
much about this man you are denouncing so ; but one thing I do know, that
he is decidedly the smartest that we have ever had in Brunswick. A man
that cast out two devils in one-half day is no ordinary man.' This raised
a shout, turned the current the other way, the worthies hurried home, and
that kind of war on abolitionists was there given up."

The feeling against the abolitionists was very strong in the seaport
towns, whose prosperity depended in part on Southern trade. A large
meeting at Machias where Cone spoke, voted by a large majority "that it is
unconstitutional and inexpedient to form societies in non-slaveholding Stales
for the immediate abolition of slavery in slaveholding States."

Nevertheless the anti-slavery cause had made considerable gains. In
the country some distance from the sea-coast, the majority of the clergy
were its warm advocates ; each county had its anti-slavery society. The
violence and the extreme demands of the South strengthened the cause of
their opponents. Men who, while disapproving of slavery, had not been
inclined to do anything about it, were deeply stirred by what they regarded
as an attack on the sacred right of petition.

As Congress had by the express terms of the Constitution "exclusive
jurisdiction" over the District of Columbia, the abolitionists were contin-
ually petitioning Congress to abolish slavery there. There was not the
slightest probability of such action being taken, but the excitable South-
erners, not satisfied with practical security, demanded that Congress refuse
to receive the petitions. For many sessions rules to that effect were passed
by the House of Representatives. John Quincy Adams, then a member of

'This must be an error. The reference is to Mr. Dunlap, of Brunswick, but he
had ceased to be governor the preceding year. The governor in 1838 was Edward
Kent, a resident of Bangor, who held strong anti-slavery opinions and would not
have acted as Willey states the "governor" did.

292 HISTORY OF MAINE

the House, fought them with his utmost strength. In general the Demo-
crats supported and many of the Whigs opposed them. In the Maine
delegation the Whigs opposed the gag, the Democrats were divided. At
home the Argus assailed Adams with the most violent abuse. In an article
headed "The Massachusetts Madman" it said that "John Quincy Adams'
Congressional District ought to be indicted as a nuisance, and denied a
Representative on the floor of the House until its inhabitants come to their
senses sufficiently to send a man there who will not disgrace himself, them
and the country. It is a melancholy sight to see a man of Mr. Adams'
herculean mind and vast acquirements aspiring to no more honorable situa-
tion than that occupied by Davy Crockett, until he was hunted out of that
body whose buffoon it was his pride to be."

It defended the gag on the ground that the Representatives had simply
refused to take "subsequent action upon a certain class of requests which
they believe they are not empowered to grant, and the discussion of which,
if permitted to go on, would be absolutely interminable."

It may be, however, that the editors were giving their official, rather
than their personal, views. When in 1844 Adams won his long fight and
anti-slavery petitions were received like other petitions, the Argus said:
"The repeal of the 25th rule, commonly called 'the gag,' has taken away
from the 'Liberty Party' the strongest spoke in the wheel of their opera-
tions. It was originally conceived in ignorance, and brought forth in
stupidity. It was the driest fuel to the fire it was designed to extinguish,
and nobody ought to be gladder than the slaveholders themselves that it is
no more."

A week before, the Argus had condemned the treatment of Mr. Hoar
in Charleston. South Carolina was accustomed to seize free negroes who
came into her ports as cooks or sailors on Massachusetts ships, keep them
in jail until the vessel was ready to leave and then if they could not pay
their jail fees sell them as slaves. Massachusetts maintained that this was
a violation of the section of the Constitution which provides that "The
citizens of each State shall be entitled to all privileges and immunities of the
citizens in the several States." Accordingly, the Governor and Council
sent Mr. Samuel Hoar' as an agent to Charleston to take legal measures
for the protection of her seamen. With the approval of the South Carolina
authorities, he was compelled to leave.

The Argus, in commenting on the affair, said "it would have been
much better for South Carolina to have treated Mr. Hoar with the respect
due to the legal representative of one State to another, and far better to
have aided in obtaining a legal decision upon her own disputed laws. Such
an issue she cannot avoid. She talks loud, but she must abide by the Con-
stitution and in case of refusal, the constitutional means in the hands of the
proper authorities must be used to enforce obedience. In the mean time all

'Father of Senator Hoar.

REFORM MOVEMENTS 293

friends of the Union, and the Constitution, must endeavor to pour oil upon
the troubled waters."

Soon after the formation of the Maine Anti-Slavery Society, the subject
of slavery forced itself on the attention of the Maine Legislature. Various
Southern States called upon the Northern States to suppress anti-slavery
newspapers. Demands of this nature being made upon Maine, by the Gov-
ernors or Legislatures of North Carolina, South Carolina, Georgia, Alabama
and Virginia, the Maine Legislature of 1836 referred them to a committee
which reported :

"Slavery is a question in which we as a State have no interest, it is
unknown in Maine, and those States who recognize its existence, have the
exclusive control of the subject within their borders. As one of these United
States, it is not for Maine, or the citizens of Maine to interfere with the
internal regulations of any other independent State ; no possible good can
result from such an interference with affairs over which they can exercise
no control.

"That these are the sentiments of the great mass of the People of
Maine is evinced by the numerous public meetings, which were held in every
part of the State the past season, in proof of which your committee adduce
the following Resolution passed unanimously at the meeting in Portland, the
largest city in Maine on the I5th of August last.

"Resolved, That it is the bounden and sacred duty of good citizens of
every State carefully and scrupulously to avoid all interference and attempts
to interfere, and all manifestations of any intention or wish to "interfere,
with the peculiar interests, concerns, laws and domestic policy of every other
State in the Union ; and that all such acts of interference, where they tend
to disturb the quiet, to alienate the feelings, to provoke the jealousies or
to jeopardize the safety of the citizens of the States, made unwilling subjects
of such officious intermeddling deserve, and ought to receive the reprobation
of every friend to his country.

"Similar resolutions have been passed at public meetings by the inhab-
itants of Augusta, Bangor, Hallowell, Brunswick, Bath, Waterville and by
many other towns too numerous to be mentioned; and we may with confi-
dence assert, that however divided on other great political questions, on
this subject but one feeling pervades the State, and that the discussion of
the question of slavery has been arrested in Maine by public sentiment, more
effectual in its operation than any law which could be enacted.

"Under these circumstances and in consideration of the fact that no
abolition paper is printed in Maine, your committee would deem any legis-
lation on the subject as uncalled for, unwise, and inexpedient as tending
to excite a discussion which has subsided."

The report was accepted by the Legislature. It was one thing, how-
ever, for Maine, to declare an abstract principle, another to have s!nve
catchers on her coast or to surrender her citizens as criminals to answer a
charge of stealing slaves; that is, of assisting them to escape. In 1837 the
people of Thomaston were much stirred by the seizure of a fugitive slave.
Mr. Eaton in his history of Thomaston, Rockland and South Thomaston
thus describes the affair :

294 HISTORY OF MAINE

"Capt. Daniel Philbrook of Camden, and Edward Kelleran of Gushing,
master and mate of the schooner Boston, being at Savannah, employed
James Sagurs and his slave Atticus to make some repairs upon the vessel.
While thus employed, Atticus had an opportunity of talking freely with the
sailors on board, and, learning the facilities of getting a living in the free
States by his trade, contrived to conceal himself in the vessel just before it
sailed, and was not found till after many days at sea. After his arrival
at this port, no obstacles were thrown in the way of the fugitive's escape ;
and he remained working for a time at Mr. Kelleran's. In the mean time
his master arrived in pursuit of him; and, after some difficulty and delay,
obtained a warrant from H. C. Lowell, Esq., for his arrest. This was
committed to D. N. Piper, who, not finding the man, and perhaps not feeling
any strong desire to do so, returned the warrant. An advertisement was
then issued, offering $20 for the slave's apprehension. For this sum, two
men, it was thought, under pretence of befriending Atticus who had now
become alarmed and knew not what course to take, induced him to hide in
Swan's barn, where, probably by their direction, he was arrested and deliv-
ered to his master. The names of these men though probably known to the
officer who made the arrest, have never been divulged by him. Sagurs
re-embarked with his human property at East Thomaston, but not without
strong marks of natural sympathy and just indignation from the crowd who
there witnessed the scene."

The indignation was not confined to the spectators. In the following
year a law was passed which in effect punished with imprisonment in the
State prison for not over five years, or by a fine of not over one thousand
dollars and imprisonment in the county jail for not more than one year
every person who without lawful authority should assist in the seizure of
a fugitive slave. It was also provided that "the consent thereto of the
person so taken, inveigled, kidnapped or confined, shall not be a defence,
unless it shall be made satisfactorily to appear to the jury, that such consent
was not obtained by fraud, nor extorted by duress or by threats." Yet in
the same year the Maine Senate referred certain petitions relating to slavery
to the Legislature of 1897! The Bangor Whig rightly said that such conduct
was as insulting to the petitioners as derogatory to the dignity of the Legis-
lature. "The petitions were entitled to respect ; they should have been con-
sidered, and if thought unworthy to be granted, rejected. It shows in the
members of our Legislature, a disregard of the rights of their constituents,
thus to treat their respectful memorials. Further, if the Legislature was
desirous of putting an end to these petitions, their course was inexpedient,
because no man was ever convinced that he had done wrong by being treated
in a manner uncalled for and insulting."

In 1838 the Maine House of Representatives refused the use of its
hall for an evening meeting of the Maine Anti-Slavery Society, but by a
vote of 69 to 62 resolved that "Congress has the right under the Constitu-
tion to abolish slavery in the District of Columbia, and the exercise of this
right would not be inconsistent with the good faith and honor of the coun-
try." By a vote of 85 to 30, they resolved "that the continuance of slavery

REFORM MOVEMENTS 295

within the sacred enclosure and chosen seat of the National Government, is
inconsistent with a due regard to the enlightened judgment of mankind,
and with all just pretensions on our part to the character of a free people,
and is adapted to bring into contempt republican liberty, and render its
influence powerless throughout the world." The resolutions were defeated
in the Senate by a majority of one.

In 1840 a number of anti-slavery workers, believing that political action
was advisable, formed the "Liberty Party," and nominated James G. Birney
for President. Nominations for Governor were made in various States, but
in Maine the Whig candidate, Edward Kent, had shown sympathy for the
anti-slavery movement and was generally supported by the friends of the
cause. At the Somerset county anti-slavery convention in October, an
attempt was made to nominate presidential electors, but the meeting, which
changed from a convention to a general assembly, rejected the proposition
by a large majority. Some of the dissatisfied determined to have a ticket
nevertheless. Mr. Willey in his history quotes an account by one of the
leaders, Augustus F. Holt, of New Sharon:

"The meeting house was filled, all present participated, and it really
was a mass meeting. It was evident that the Whigs were making a raid on
us. The President, Eleazar Coburn, Esq., left the chair and opposed inde-
pendent action with all his power. Rev. G. W. Hathaway, of Bloomfield,
replied with irrefutable logical argument and irresistable eloquence. But
the mass blind to all argument, voted us down, and the meeting closed.

"On our way home, Deacon John Kimball and myself discussed the
situation, and decided that I should call personally on such as we knew
could be relied on, to come together and nominate a state ticket of electors.
About twenty tried and true men met in the old yellow school-house in
Bloomfield, near the meeting house, October 12. Deacon J. Kimball was
chosen Moderator, and B. E. Messer, Secretary. After prayer, carefully
drawn resolutions were presented by Rev. Mr. Hathaway, a well selected
electoral ticket was adopted, and ordered published in (the) Advocate of
Freedom. Deacon John Bicknell of Madison failing to get a printed ticket,
wrote out one covering half a sheet of paper. He had some difficulty in
getting it into the box, which excited the mirth of the crowd. Nothing
daunted, the good Deacon exclaimed, 'It will hatch !' And sure enough the
next year there were twenty-four votes cast in that town for the liberty
party."1

The ticket appeared on the 22nd of October and created great excite-
ment. It obtained, however, according to the official count, only 194 votes.
Mr. Willey says, "No doubt hundreds more ballots would have been cast
for it had they been well supplied at every voting place in the State. It was
said that many votes were not reported, certainly our own was not."

Harrison's inaugural gave great offense to the abolitionists, and they
were still further alienated from the Whigs after his death by the succession
of Tyler, a Virginian slaveholder, to the presidency. On July i, 1841, a

•Willey, "History of the Anti-Slavery Cause in State and Nation," 145.

296 HISTORY OF MAINE

State convention was held at Winthrop ; Jeremiah Curtis of Calais was nom-
inated for Governor, and received at the election 1,662 votes. This mingling
of anti-slavery and politics met with violent protest from both parties par-
ticularly as the new movement worked largely through churches and church
people. The Argus protested again and again that the church should hold
itself apart from and above politics. The Whigs were more anti-slavery
than the Democrats. They felt that they therefore deserved the support
of anti-slavery men, the liberty party would draw more votes from them
than from the Democrats and they joined their opponents in demanding that
the church should be kept free from politics. Rev. Mr. Leavitt, a leading
anti-slavery journalist, in a letter to the Emancipator thus describes an
incident at Bangor:

"I find here, as at Skowhegan, the countenances of the old politicians a
good deal lengthened by the movements of the Liberty party. It is difficult
to describe the sensitiveness here. It was Seminary week, and Rev. Dr.
Hawes, of Connecticut, preached a sermon in one of the churches on the
immortality of the soul. In an inference he said he would as soon think of
holding an angel as property as an immortal man. Had an earthquake sud-
denly shaken the everlasting rocks on which the clay banks of Bangor
recline, the audience could not have been more startled. The editor of the
Bangor Whig sternly rebuked it in his paper. It was a prostitution of the
pulpit to the dirty work of politics. . . . But I tell these people they
may as well stop before they begin, for there are ministers in Maine who
cannot be scared by owls or geese. . . . This class of men will of
course be vociferous against the formation of a party based on moral
principle."

In fairness to the opponents of abolitionism in the pulpit, it should be
remembered that it is only in extraordinary circumstances that the church is
a proper place for political discussions.

Anti-slavery men, in spite of enormous pressure brought to bear upon
them, kept up a "third" party called first the Liberty and then the Free
Soil party until 1854, when it was absorbed in a coalition, soon called the
Republican party, which in its first campaign led all its opponents, carried
the Legislature, and thus secured the Governorship. The political work of
the anti-slavery men from 1844 on is so mixed with the general politics of
the State that it must be considered with them and not in a separate chapter.'

Closely connected with the anti-slavery movement was one in favor
of Prohibition. At the time of the separation of Maine and Massachusetts,
nearly every person in the new State drank liquor as a matter of course.
The most respectable people sold it. Neal Dow says that "many of them
were regular attendants upon the ordinances of the church ; some were
foremost in good words and works. Elders, deacons and Sabbath school
teachers competed with each other for customers for liquor, as well as for

'General Reference, VVilley, "History of the Anti-Slavery Cause in State and
Nation."

REFORM MOVEMENTS 297

dry goods and other family supplies, and cheerfully donated generously of
profits thus obtained." Men said with lago, "Good wine is a good creature
if it be not abused." But the danger of abuse was recognized, and on March
20, 1821, the Maine Legislature passed a license law regulating the sale uf
liquor very similar to the law of Massachusetts previously in force. Tie
license fee was $6.00, and a fine of not over $50 for common selling and < f
not over $10 for a single sale was imposed on persons selling without t
license. The licensees were to be persons of "sober life and conversation/'
and suitably qualified. They were forbidden to allow gambling or excessive
drinking on the premises, no liquor could be sold to minors, except travel-
lers, without the special permission of their parents, nor could credit for
liquor be given to undergraduates in colleges without the consent of the
college authorities.

County attorneys were directed to file information against persons sell-
ing without a license, and the half of all fines under $20 was to go to the
informer. In 1824 liquor sellers were ordered to take out a license for each
place where they sold liquor. Sheriffs, deputy-sheriffs, constables and tith-
ingmen were directed to furnish the selectmen with the names of those who
used liquor to excess, and "all good citizens of the State were exhorted to
do the same." In 1826 a law forbade the sale of liquor within one hundred
rods of a place where an election was being held, but the act did not debar
"licensed parties from the pursuit of their ordinary business in their usual
places of prosecuting the same." In 1829 a local option law was passed and
victuallers or retailers were forbidden to sell wine, spirituous or mixed liquors
to be drunk on the premises. This act did not apply to taverners. More-
over, any town at its annual town meeting might authorize its licensing board
to allow the sale of liquor to be drunk on the premises on such conditions as
might be prescribed by the selectmen. In 1832 the law of 1824 was repealed.
In 1833 it was made the duty of the selectmen to insert in the list of subjects
to be considered by the annual town meeting that of granting licenses for
the sale of liquor to be drunk on the premises. In 1834 all laws regulating
the sale of liquor were repealed, and a new law containing most of the
provisions of the former acts was passed, but no license was required for,
nor any restriction imposed on the sale of beer, cider, ale, etc.

Meanwhile there had been developing in Maine a strong temperance
movement. Shortly after the close of the War of 1812 sixty-nine citizens
of Portland assembled in the Quaker meeting-house and formed a total
abstinence society, commonly called from the number of those composing it,
Sixty-niners. Among the leaders were two of the principal clergymen of the
District, Dr. Payson and Dr. Nichols. In January, 1818, Dr. Payson's
church resolved that it considered the use of intoxicating liquors for pur-
poses of entertainment, refreshment or traffic, as a case of immorality, and
a cause of discipline, subjecting the offender to suspension and if persisted
in, to excommunication. For years, however, many who earnestly desired

298 HISTORY OF MAINE

to promote the cause of temperance did not advocate total abstinence. A
distinction was also drawn between the use of wine, cider, and so forth, and
that of whiskey and other "ardent spirits." In 1827 a society whose mem-
bers were pledged to abstain frcm distilled spirits was formed in New
Sharon. Such societies were also formed that year in Windsor, Buckfield
and Gorham.

In 1828 a society was formed in Gardiner, whose members pledged
themselves that they would not "knowingly vote for a man for any civil
office who is in the habit of using ardent spirit or wine to excess." Neal
Dow says in his reminiscences : "I think I am safe in saying that the
adoption of this pledge was the first action taken anywhere in the State,
favoring the introduction of the question in any form into politics." In
1834 the first State convention of temperance societies was held and a State
organization was formed. In 1837 it was moved at the annual meeting of
the society to make total abstinence a condition of membership. The oppo-
nents of the change, led by ex-Governor King and other prominent men
defeated the proposal but the result was a secession of many of the more
radical members who formed the Maine Temperance Union. Among the
leaders in this movement were Rev. Dr. Tappan of Augusta, Samuel M.
Pond of Bucksport, Dr. Isaac Lincoln of Brunswick, Abner Coburn (Gov-
ernor of Maine in 1862), Richard D. Rice, afterward a judge of the Supreme
Court, and John F. Potter of Augusta. Mr. Potter was later a member of
Congress from Wisconsin, and acquired great popularity among the anti-
slavery men by accepting a challenge from Roger A. Pryor of Virginia, and
naming bowie-knives as the weapons. The duel did not take place, Pryor's
seconds refusing to allow him to fight under such conditions.

The records of the society say, "Voted to adjourn till 2 p. m. with
a view to give those members who desired it, an opportunity of forming
a new State Society on a pledge of total abstinence from all that intox-
icates. A new society was immediately formed and called the 'Maine
Temperance Union,' and about four-fifths if not seven-eighths of the old
society joined the new one. At 2 p. m., met accordingly. The treasurer's
report was read and accepted, and some other business done, when General
King of Bath observed that he thought those who had joined the new
Society ought not to assist in choosing the officers of the old, and after a
few observations from members it was voted to adjourn for five minutes,
and the Members of the Maine Temperance Union retired to the Court
House.""

The Union voted "that the sole object of this society shall be to con-
centrate the efforts of the friends of temperance throughout the State, to
diffuse information, and by a moral influence, discourage the use of intox-
icating drinks in this community." A resolution was adopted, "that the
subject of petitioning the Legislature for prohibiting, under suitable pen-

*W hig, Feb. 24, 1837.

REFORM MOVEMENTS 299

allies, the sale of intoxicating liquors as a drink, be recommended for dis-
cussion at the next meeting of this society." Neal Dow says, "As far as I
am aware, that was the earliest effort made in Maine toward the develop-
ment of a public sentiment favorable to Prohibition," and he thinks it more
than probable that "General Appleton of Portland was the author of the
resolution."

A committee was appointed to confer with the old society in regard to
financial matters, and the society transferred the temperance paper, the
Maine Temperance Herald "and all existing agencies" to the Union. The
Bangor Whig said of the secession:

"We look upon the organization of a new State Temperance Society,
upon the principle of abstinence from all that intoxicates, as a good omen.
Most certain it is, the measure was called for by every consideration of
consistency as well as the best good of the cause of temperance. The truth
is the avowed friends of temperance must keep in advance of the mass, or
the cause will inevitably suffer. How was it with the old Society? It was
formed years ago, when the standard of public sentiment was far in the
rear of its present point of elevation. It was found to be lagging behind
public sentiment. It had become a dead letter, and it was absolutely neces-
sary that it should be advanced to its present station. Total abstinence is
the only safe, the only tenable, the only consistent ground. How very often
is it urged, and with such force as to call the blush to the cheek of the
avowed friends of temperance, that it is the object of reformers to deprive
poor people of New England Rum, while they retain for their own use
highly adulterated wines and cordials? How often is it said, give up your
wines and we will give up our rum.""

The same year a committee of the House of Representatives, to whom
the subject of the liquor traffic had been referred, reported in favor of pro-
hibition. They stated that a license system made liquor dealing respectable
and that it was impossible to enforce regulations for the sale of liquor.
"The people will never be satisfied that if the taverner may rightfully vend
the article by the glass, to the ruin of his neighbor, it is criminal for the
retailer to do the same." They said that the "fathers" who established
the license system would probably have forbidden the sale of liquor entirely
had they not wrongly believed that alcohol was useful and necessary to
humanity. The committee claimed that generally speaking a prohibitory law
could be enforced. A bill was reported forbidding the sale of brandy, rum
or strong liquors, in less quantities than twenty-eight gallons, except by
physicians and apothecaries for medicinal and mechanical purposes. During
the debate General Appleton said that sale in large quantities was permitted
to meet the constitutional objection that though the Legislature might regu-
late it could not prohibit. John Holmes, who was then serving as a member
of the House, moved an amendment invalidating after the first of the follow-
ing September, all contracts in relation to ardent spirits, and the motion was
passed with a slight change. Mr. Humphries of Gray wished "to prohibit

"Whig, Feb. 22, 1837.

300 HISTORY OF MAINE

physicians and apothecaries from selling. The bill gave these individuals
a monopoly which would be exceedingly profitable. Apothecary shops would
spring up in every quarter by the hundred. The bill would be wholly
ineffectual; as much ardent spirits would be sold as now. If any exception
was to be made, it should be in favor of taverners." Accordingly, Mr.
Humphries moved to strike out the part of the bill relating to physicians and
apothecaries, but his amendment was defeated. "An attempt was made to
forbid the sale of ardent spirits in any quantity, but this also failed. Mr.
Codman of Portland said he presumed gentlemen were sincere in declaring
alcohol to be a deadly poison. He therefore moved to amend by adding
a section to provide that if any person in this State shall sell or drink any
ardent spirits, he shall be punished, on conviction, by imprisonment for life;
the motion did not prevail.""

In 1838 Governor Kent said in his first address to the Legislature :
"The cause of temperance and that philanthropic movement which has
already done so much to check the ravages of the fell destroyer of individual
health and happiness, and prolific source of crime and misery — intemper-
ance— depend mainly for their ultimate and perfect success upon moral
causes, but may yet receive aid and support from legal enactments which
shall put the seal of public reprobation upon the traffic in ardent spirits
whenever public sentiment will sustain the strict enforcement of the pro-
visions of such a statute." This was the first time that a Governor of
Maine had referred to the subject of temperance in his inaugural address.
But no action of importance was taken by the Legislature in regard to the
selling of liquor until 1844, when a law was passed construing the act of
1835 to authorize licensing boards to license persons other than inn-keepers,
but forbidding them to sell in less quantities than twenty-eight gallons, the
whole to be taken away at one time.

Meanwhile a very sharp contest had been going on in the ranks of the
new Temperance Union. The radicals favored Prohibition, the conserva-
tives wished to rely on moral influence. One year the society indefinitely
postponed a resolution recommending the friends of temperance to use their
influence in enforcing the penalties of the law against the sale of strong
liquors. The next year it declared that "it is necessary to exercise daily
and constant vigilance in detecting the unlawful sale of intoxicating liquors,
and to cause the license law to be executed on all those who transgress it."
In 1845 the radicals won a decisive victory. Rev. Dr. Dwight of Portland
was invited to address the annual meeting of the Union on "Law as a means
of promoting the temperance reform." Resolutions were adopted declaring
that "individuals engaged in the liquor traffic 'are the most guilty of any
criminals known to us' and should be 'both regarded and treated according
to their guilt as are other criminals' ; that to patronize a store or tavern in
which intoxicating drinks are sold is to countenance and support intemper-
ance."

"Whig, March 27, 1837.

REFORM MOVEMENTS 301

In 1846 the Union appointed Neal Dow and John T. Walton to rep-
resent "the views and wishes of the thousands of our state who have asked
by their petitions the passage of a law which shall effectually close up the
drinking-houses and tippling-shops." The hearing was held in the Hall of
Representatives and a petition fifty-nine feet long signed by 3,800 citizens
of Portland was festooned over the Speaker's chair. Judge Weston of
Augusta presented the arguments of the opponents of Prohibition. A pro-
hibition law was passed in the House by a vote of 81 to 42, and in the
Senate by one of 23 to 5, and was duly approved by Governor Anderson.
The law forbade the sale of spirituous liquors except for medical and me-
chanical purposes. For such sales the towns were authorized to appoint
a limited number of agents, the number varying with the size of the town.

For the next three years the Union devoted itself to endeavoring to
secure the enforcement of the law and to obtain amendments which would
make it more effective. Neal Dow says of this period:

"As long as the law recognized the trade as useful, necessary, and legit-
imate, those engaged in it cared little for its restraining clauses. The license
was more potent in swelling the number of their patrons and the sum of
their gains than the restrictions were in protecting the people from the evils
inseparable from the business. Now, however, under the law of 1846, mat-
ters were different. Now the trade began to show its teeth. The time had
come when the fire was the hottest, the danger the greatest, and only the
most determined and courageous kept on. This was manifest in the absence
from the annual meetings of the Union in 1847, 1848 and 1849, °* somc
of its former supporters. They had little taste for the kind of warfare
now forced upon them, and perhaps, as to some of them, grave fears as to
what the outcome politically might be to themselves or their party.

"The vacancies, however, were filled by others, who, though younger,
less widely known, and lacking in the prestige and influence of those whose
places they took, had all the zeal, persistency, and courage demanded at that
stage of the movement. But there were yet to be found some of the old
leaders. The calm, cool courage, the earnest, unabated devotion of Apple
ton, were yet at the service of the cause. The venerable Samuel Fessen-
den was, as always, to be relied upon, and the devotion of such men, trained
in the school of the anti-slavery reform to cherish the courage of
convictions as a priceless treasure, was a tower of strength at this crisis
of the movement."

In 1849, a law was enacted which punished by imprisonment in the
county jail any person not licensed who should sell or expose for sale dur-
ing the continuance of any cattle-show or fair any intoxicating drink within
two miles thereof. This is the first instance in the legislation of the State
where imprisonment was imposed as a penalty for the sale of intoxicating

liquors.

In 1850, the penalties for the violation of the law were very much
increased. Persons selling liquor illegally had been liable to a fine of not
less than one nor more than twenty dollars. They were now made punish-
able by a fine of not less than twenty nor more than three hundred dollars.

302 HISTORY OF MAINE

or imprisonment for not less than thirty days nor more than six months.

Though the passage of the law of 1846 had been a great triumph for
the friends of prohibition, its enforcement was far from satisfactory to
them. Accordingly, in 1849 tnev prepared a bill increasing the powers of
public officers to search and seize and allowing private citizens to set the
machinery of the law in motion. The bill was passed at the end of the ses-
sion and Governor Dana availed himself of his constitutional right to retain
the bill until the opening of the next session. Many petitions were sent to
him begging him to sign the bill, but in January he returned it to the Legis-
lature with his veto. He argued that the proposed law was altogether too
stringent, more so indeed than the Legislature perhaps intended. He
claimed that prohibition could not be enforced and that the attempt to do
it had increased drunkenness. Undiscouraged, the prohibitionists again
introduced a bill similar to that of the year before. It passed the House,
but in the Senate the vote was a tie.

In the spring of 1851, Mr. Dow was elected mayor of Portland, with
a prohibition City Council. In his inaugural address he stated that prohibi-
tion could not be enforced without the aid of a law stringent in its provi-
sions and summary in its processes, and commended the subject to them as
one eminently worthy of their attention. The City Council passed resolu-
tions echoing the opinion of the mayor and he was appointed the head of a
committee to go to Augusta, present the resolutions to the Portland repre-
sentatives, and express the opinions of the City Council on the matter to
any committee which might be appointed to consider them. Mayor Dow
had already prepared a bill. He first carefully revised his bill of the pre-
ceding year and then submitted it to a lawyer who was much interested in
temperance, Mr. Edward Fox, later judge of the United States District
Court. Mr. Fox suggested and the Mayor accepted a few changes mainlv
of a technical nature.

At Augusta, Mr. Dow saw the President of the Senate and the Speaker
of the House and asked them, if the matter should be referred to a com-
mittee, to appoint certain persons whom he named. Both officers agreed
to pack the committee as requested. It was duly appointed and unanimously
recommended Mr. Dow's bill. The bill passed the House by a vote of 81
to 40. The next day the Senate passed it under a suspension of the rules
by a vote of 18 to 10. As soon as the bill had been signed by the President
of the Senate, Mr. Dow himself took it to the Governor, John Hubbard.
But he had been anticipated. On entering the executive chamber he met
half a dozen Democratic leaders coming out. They had gone to demand of
Mr. Hubbard that he veto the bill. Several of these men had themselves
voted for it. They explained, however, that they lived in close districts and
feared for their re-election, but argued that as Governor Hubbard had twice
received over 9,000 plurality he might safely disapprove the bill. Neal Dow
says of this interview :

NEAL DOW

REFORM MOVEMENTS ,.,;

"Governor Hubbard, however, as he afterwards informed me, reminded
those gentlemen that they had voted for the bill. Their record was public.
He was bound to believe that their vote, as thus recorded, represented their
convictions. It was neither his duty nor his desire to relieve them from the
position in which they had placed themselves. They had admitted, in vot-
ing for the measure, that they were representing the wishes of their con-
stituents. They must not ask him to disregard the public will that they had
obeyed, and heed their private opinions and personal wishes, which they had
concealed by their votes. Two sessions of the Legislature, the Governor
said, had been occupied in discussing and maturing the subject. It had
passed both houses by a vote of about two-thirds. It could not be looked
upon, therefore, as hasty and inconsiderate legislation, which alone would
authorize the interposition of the veto, a power which the Constitution did
not contemplate as part of the ordinary process of legislation. He would
not use it in this case unless upon a careful examination of the bill he should
find in it defects too grave to be overlooked."

The discussion is said to have been very sharp, the leaders attempting
to frighten Governor Hubbard into using his veto. When Mr. Dow entered
with the bill the Governor said nothing of the pressure which had been put
on him, but promised to give the subject careful consideration and turned
the conversation to general topics. The bill passed the Legislature on Sat-
urday and on Monday the Governor signed it. From this time the temper-
ance question became very closely interwoven with party politics and its
later phases will be considered in connection therewith.

The last of the movements of this period which attained political im-
portance was Native Americanism, or Know-Nothingism. Since the Revo-
lution there had been from time to time considerable anti-Catholic and anti-
foreign feeling which had manifested itself both in political action and in
mob violence. The Irish were the special object of attack, for they came
in large numbers, held together clannishly, and were believed to furnish :i
large proportion of the paupers and criminals and to act largely under the
direction of their priests. They were usually Democrats, often secured
Democratic success in the pivotal State of New York, and were therefore
specially obnoxious to the Whigs. They were frequently unwilling to attend
the public schools and in New York, under the lead of Archbishop Hughes,
they made a vigorous attempt to have a portion of the school fund set aside
for the maintenance of Catholic schools.

In 1850 there was organized a secret anti-foreign and anti-Catholic
society called the Order of the Star- Spangled Banner. It was later amal-
gamated with another similar society, that of the United Americans. The
society and the whole movement were popularly called Know- Nothing. The
membership of the order was secret, and it was said that when any of the
initiated was asked about it he replied that he "knew nothing," hence the
name.

The order gradually spread beyond the limits of New York. The
Whig party had an anti- foreign tendency, it was now dissolving, many of

304 HISTORY OF MAINE.

its old members were unwilling to become either Democrats or Republicans
and they joined the Know-Nothings. Southern conservatives attempted to
use the party against the Republicans, the anti-slavery men tried to capture
it, and it was soon killed by the despotic rule of its leaders, its un-American
demand for religious discrimination and its internal disputes over the
slavery question. For a while, however, it won some political successes,
and its more extreme members and allies added to the already long list of
riots and mobs which disgraced the middle of the nineteenth century.

Numerous branches of the order were founded in Maine, but the mem-
bers were usually strong supporters of anti-slavery and prohibition and they
never nominated a candidate for Governor to run on a separate Know-
Nothing ticket. There was, however, considerable anti-Catholic excitement
and there were two gross Know-Nothing outrages. A church was burned
in Bath, and a priest tarred and feathered in Ellsworth. A characteristic
of the Know-Nothing movement was the denunciation of Catholicism by
street preachers. One of them was known as the Angel Gabriel, because he
prefaced his harangues by blowing on a silver trumpet. This man was hold-
ing forth at Bath to an excited and sympathetic crowd when a hack was
driven through the audience to the depot. It was allowed to pass without
hindrance, but when it turned back and again drove through, it was stopped,
the crowd believing that an attempt was being made to interfere with the
meeting. A cry was then raised "To the Old South Church"; this church,
which had been built under the leadership of Governor King, was now being
used by the Catholics, though not owned by them. The mob burst in, waved
the American flag from the belfry, and set fire to the building, which was
quickly burned to the ground. No other damage was done, though the
rioters made a great disturbance and threatened various Catholics. For
several days there was danger of further trouble, but the city militia com-
pany was in readiness, a hundred additional policemen were sworn in, a
leader of the riot was arrested and held to bail and quiet was restored.
Most of the leading papers in the State condemned the outrage. The
Christian Mirror denounced the riot in severe terms and called for the pun-
ishment of the leaders. The Augusta Age said :

"Mobs, violence and church burning, such are the legitimate fruit of
Native Americanism or Know-Nothingism. It is a contemptible movement
led on by reckless men, who know as little of the true doctrines of Chris-
tianity as they do of the true principles of Republicanism, and as little of
the Catholic religion as they do of the Protestant religion.

"We trust that the community will frown upon this crusade against the
Catholics and foreigners generally. It will, if suffered to go on, produce
infinite mischief to the social and religious well being of society. We hope
at all events that there is not a person in this city, so narrow-minded, bigoted
and illiberal as to join or give the slightest countenance to the Know-
Nothing movement."

In Ellsworth there had been serious difficulty over the use of the Bible

REFORM MOVEMENTS 305

in the schools. The Catholics objected to their children being obliged to read
the Protestant version, and the Catholic priest, Father Bapst, protested to
the school committee in language which to one who honored the Protestant
Bible must have been extremely offensive. The committee refused to make
any change, and expelled a number of Catholic children, accusing them of
disorderly conduct in school. Father Bapst replied that except in one case
the Catholic children had behaved no worse than the Protestant children,
and he was said to have cursed the school committee. He also sued them
and the town appropriated $600 to pay the expense of their defense.

The feeling was much embittered by the failure of the Ellsworth Bank,
of which one of the school committee was president, and Father Bapst was
said to have declared that the failure was the result of his curse. About
this time he was transferred to Bangor. An Ellsworth town meeting passed
resolutions abusing Bapst and threatening him with being tarred and feath-
ered and ridden on a rail should he show himself in Ellsworth. He did
so, and on the night of Saturday, October 14, 1854, a number of men went
to the house where he was staying, took him out in a pouring rain, rode him
on a rail, tarred and feathered him, meanwhile addressing him in taunting
and indecent language. His pocket was picked of a wallet containing $50,
and he also lost his watch. Father Bapst expressed the hope that they
would not rob as well as maltreat him, and they answered: "No, we will
not rob you ; we are Americans, and not robbers" ; but the wallet was taken,
nevertheless. Some cried out to hang him, but the leader interfered, saying
repeatedly not to hurt him.

On the next day, Sunday, he twice celebrated Mass. He was threat-
ened with death, and his parishioners, armed with pitchforks and other rude
weapons, gathered to protect him. A prominent Democratic politician, Mr.
Charles Jarvis, induced them to disperse, taking the priest into his own house
and promising to defend him with his life. The next morning Father
3apst again celebrated Mass, and returned to Bangor.

The outrage met with the sharpest condemnation. A number of well-
known Protestant citizens of Bangor presented Father Bapst with a watch,
chain and seal, as a testimonial of their disapprobation of the intolerance and
violence with which he had been treated." Some papers spoke n very severe
language of the affair and of the character of the people of Ellsworth. The
matter attracted notice outside the State. The New York Evening Post
said : "Those who are fomenting the Know-Nothing movement should find
this outrage food for serious reflection."

The people of Ellsworth did not meekly bear the blame they had
incurred. A meeting of citizens regretted the assault on Bapst, but roundly
assailed him at the same time, and had much to say of the provocations he
had given. The Ellsworth American took a similar attitude.

"He also recovered the watch lost on the night of the assault.
ME.— 20

3o6

HISTORY OF MAINE

There was trouble also in the Bangor schools over the reading of the
Bible and it was agreed that an edition agreeable to the Catholics should
be used. A Miss Thayer, who had served fifteen years as teacher of a
primary school, resigned rather than use the new version. Some of the
citizens of Ellsworth purchased a Bible for Miss Thayer, and a committee
of Bangor citizens went to Ellsworth, where one of the Ellsworth teachers
delivered it to them in a public speech before a large audience. In Bangor,
Mr. Sayward, the editor of the Whig, formally presented it to Miss Thayer.

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