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mean time said M'^Cobb is hereby permitted if he shall judge
it expedient to admit the within Petitioner to Bail on Suffic-
ient Sureties,

Sent up for Concurrence

R. T. Paine Spk. P. T.

In Council Ocf^ 24^'^ 1777 —

Read & Concurred John Avery D^' S^

A True Copy Attest Jn° Avery D^ Sec^

Boothbay Novmbr 11, 1777 Served the within to will'"
McCobb Esq"" by a Coppy

James Fullerton

Received this back again from Capt James Fullerton the
3-^ December 1777



Invoice of Sundrys supply*^ Stephen Smith Esq"^ Commis^ &
Truckmaster for the Indians, and for Troops raised by order
of Court for the Defence of Machias & the Eastern parts By
the Board of War for the State of Massachusetts Bay, 1777.
Here follows a list of provisions, clothing, military stores
& general supplies.



State of the Massachusetts Bay
To the Honorable Council of said State — The Petition of
John Martin Schaffers of Waldoborough — Humbly Shews

That he is in great Want of Three of the Hessian or
Brunswick Prisoners, One for himself. One for Waterman



OF THE STATE OF MAINE 267

Thomas Esq"" & One for Captain Andrew Sbench therefore
Prays he may have them on the usual Terms
And as in Duty bound Shall Ever Pray

John Martin Schaffer
Boston 25'^ Octo'- 1777

In Council Oct* 25' 1777 Read & Ordered that the Com-
missary of Prisoners be and he hereby is directed to deliver
John Martin Schaffer three of the German Prisoners as soon
as any shall be discharged from work on Governours Island
to be employed as Servants — if they should consent thereto
— said Schaffer engaging to support them and to allow them
reasonable wages for their Labour and to return them when
the Council of this State shall call for them & to pay the
Expence of carrying them — - The said Commissary to take a
Receipt of the said Schaffer for that Purpose —

Jn° Avery D^ Secy



Lincoln Ss : Memo"*"

That on the Twenty fifth Day of Ocf^ in the year of our
Lord 1777 Personly appeared before me Benjamin Foster
Esq. one of the Justices of the Peace for tl]e County of Lin-
coln aforesaid, — Stephen Jones of Machias aforesaid Esq"^
Job Burnam & Daniel Meservy both of Machias aforesaid
and Acknowledged themselves to be severally indebted unto
the Gov* & people of the State of Massachusetts Bay, in the
respective sums following Viz. — the said Stephen Jones
Principal in the sum of Twenty Pounds, — and the said
Job Burnam & Daniel Messervy sureties in the sum of Ten
Pounds ^Sich. to be levied on their Goods or Chatties, Lands
or Tenements, and in want tliereof upon their Bodies, to the
use of the said Gov* & people aforesaid, if Default be made
in tlie Peformance of the Condition here underwritten. —



268 DOCUMENTARY HISTORY

The Condition of tlie above Written Recognizance is such,
that if the above named Stephen Jones shall and do pros-
ecute an appeal by him made from a Judgment Given against
the said. Stephen Jones for a Breech of the Resolve of the
Honble Gen^ Court, of the State aforesaid, for supplying the
Indians witli spiritious Liquors, in five actions for the sum
of Eleven pounds Seven Shillings & Eight pence for Fine,
& Costs of Suit, at the Next Court of General Sessions of
the Peace to be holden at Pownalborough for the County
of Lincoln Aforesaid, with Effect — Then the above written
Recognizance to be Void Otherwise to abide in full force,
Power, Virtue

Benj* Foster Jus : Peas.
A True Coppy Attest Ja^ Avery



Lincoln, Ss: Stephen Jones Principle £20

Job Bur nam )

T^ , ^r ? Sureteys, ,£10 — each

Dan^ Meservey I "^

Be it Remembered that on the 25*'' Day of Octob'' in the
Year of Our Lord one Thousand Seven Hundred & Seventy
Seven. Personally Appear'd Before me, Benj^ Foster Esq'
one of the Justices Assigned to keep the peace of Said
County, Stephen Jones Esq"^ of Mechias County Aforesaid,
and Job Burnam of said Mechias Innholder and Daniel
Meservey of Mechias aforesaid, Acknowledge themselves to
be Justly and Truly Indebted to the Government and people
of the State of the Massachusetts Bay, That is to say
Stephen Jones in the Sura of Twenty Pounds Current
Money of the State aforesaid. Jobe Burnum in the sum of
Ten pounds & Daniel Meservey in the Sum of Ten pounds.
To Be Levied on their Respective Goods & Chatles Lands
& Tennements and in want thereof on their Bodys for the



Oi<" THE STATE OF MAINE 269

Use of the Government & people of the State of the Massa-
chusetts Bay if Default Be Made in the Under Written
Conditions —

The Condition of this Recognisance is Sucli, that Whereas
a Complaint has been Made by Lew* Frederick Delesdernier
for and in belialf of John Allan Esq"" Superintendent of
Indians Eastern Department, against the above Bounded
Stephen Jones, for having received from an Indian a Moose
Skin, the property of the State Aforesaid which was Stolen,
in Lieu of which Said Jones Gave the Said Indian, Rum
Contrary to the Resolve of the Honorable the General Court
of the State Aforesaid —

Now if the Said Stephen Jones shall personally Appear
before the Worshipfull Bench of Justices in the General
Sessions of the Peace to be holden at Pownalborough in and
for the County Aforesaid, on the first Tuesday of June Next,
And there Answer to Such things as are Alledged against
him Concerning the premises, & in the Mean time Be of
Good Beheavour to all tlie Subjects of the United States
of America then the Above Recognisance to be Void & of
None Effect. Otherwise to Remain in full Force and
Virtue —

Taken &, acknowledged the Day & Year aforesaid Before
me Benj'' Foster Jus : Pea:

A True Coppy Attest Ja^ Avery



To the Hon'''* Jonathan Bowman Esq'' Judge of Probate of

Wills &c for the County of Lincoln &c —
Sir, — Wc the Subscribers being the major part of the Select-
men of Pownalboro hereby Certify your Honor that Charles
CaHaljan laic of said Pownalborough Gent, has absented
liimself for more tlian three Montlis from his habitation &
lias left Estate Real and personal to the value of more tlian



270 DOOUMP^NTARY HISTORY

Twenty pounds within said Town and from the best Intelli-
gence we can obtain we verily believe the said Charles
Callahan went voluntarily to our Enemies and is still absent
from his usual place of abode & without this State with our
Enemies — Given under our hands this 26 day of October
AD 1777

Edmund Bridge )

AC.,, > Selectmen of Pownalboro'

Asa Smith I

A True Copy att. RoP Cushing Reg'



The Committee on the message of the Hon''^^ Council of
the 27"' of this instant, and the papei's accompanying the
same, take leave to report, that it will be impossible to give
any direction respecting the conduct of Stephen Jones,
(Complained of in the Petition of James Avery ) in supply-
ing the Indians with spirituous liquors, before the sitting of
the Court at Pownalborough, to which said Jones has
appealed, — that CoP Allen has given intimations of his
intention to be soon at this place, — and therefore, that the
Petition of James Avery, and papers relating to Machias
lay on the table, till said Allen's arrival.



I the subscriber Certify & am ready to confirm y* truth of
y® following on Oath That when Colonel Josiah Brewer came
from y® westward with stores for y* use of y® distressed peo-
ple of Penobscot, sent to their relief by the Massachusetts
Bay State : He called a meeting of y® inhabitants of this place,
& informed them of the stores he had brought down for
them : But required obligations signed jointly & severally,
for the cost & pay of them. Objections was made against
general Obligations, and he was advised to keep them him-



OF THE STATE OF MAINE 271

self, until lie received the worth of them from such as took
them, which was voted in the meeting, because no other
method could be improved to procure them. One Charles
Blagdon told Colonel Brewer in my hearing, he sent for his
part of the stores & did not desire them without the pay, but
could not get them, & several others s*^ the same

Robert M-^Curdy

Penobscot Nov^ 3, 1777
Nicholas Crosbey Being of Lawfull age testifieth and
saith he was att penobscot State truck house & he heard Sev-
eral people discorsing Concerning Col" Josiah Brewer L' Col"
Jona'^ Lowder & Leut andrew Gilman, being Sent for to the
General Cort att Boston. Col" Lowder af**^ Replys if they
did not Receive a coppy By the time that was appointed they
Should have a good Excuse not to go up or not be obliged to
go he further saith he told Col Lowder he See the papers

the General Cort Sent down,

Nicholas Crosby

N. B. Luit Col" Lowder & Let Andrew Gilman went To

Mechias Nov the 5"'

Whereas my Sloop Brought Down the Stores that was sent

by the State of Massachusetts Bay said Stores that Belonged

to the uper Destrick was landed att Col" Josiah Brewers all

except thirty four Bushels of Salt which was brought back

to my Store : which is about twenty miles down, Said River

and delivered to Col" Johanathan Lowders fishermen, by

Said Lowders orders

Jonathan Buck

We the subscribers certify and are ready to make oath to
the truth of the following. That when Colonel Josiah Brewer
came from the westward with stores for tlie use of the dis-
tressed people of Penobscot, sent to their relief by the Mas-
sachusetts Bay State. lie called a meeting of the inhabitants



272 DOCUMENTARY HISTORY

of this place, and informed them of the stores he had brought

down for them: but required obligations signed jointly &

severally for the cost, and pay for them. Objections was

made against general obligations, and he was advised to keep

them himself, until he received the worth of them of such as

took them ; which was voted in the meeting, because no other

method beside general obligations could be improved to

procure them

Moses Wentworth

Robert M-'Curdey

Peter Sangster

Joseph Avy



We the subscribers jointly & severally testiiieth & saith.
That att Penobscott on the 5*'^ Day of November 1777. In
our presence & hearing M"" Benjamin Wheeler of the Place
afores*^ Presented a number of persons, with written declara-
tions to Josiah Brewer Esq'^ to administer their oaths for the
truth of them : He read the papers & utterly refused swear-
ing them ; it was proposed for two Gent" to write the cap-
tions to them, which would prevent his loosing any time.
But he refused this also. Mr. Wheeler immediately made a
tender of the money, & demanded by law, that he would
swear them. But he still refused, and said he would do no
business out of his own house, tho at y" same time he swore
some evidences for CoP Goldthwait &c &c. Mr. Wheeler
replied, The evidences would be scattered, living at a dis-
tance, & some of them was going to the Westward, & there-
fore there was special meetmg to sware them, but he refused
to sware them. Pett" Wheeler then told him, he was ready
to deliver him some papers from y* General Court, he
answered, that he should come back in three days, and then
he would receive them, but would not tarry. M'' Wheeler



OF THE STATE OF MAINE 273

then run out of the House, and called to L* Col° Jon'* Low-
der, & Cap* Gillman, who was then near at hand waiting for
CoP Brewers return, to come up & hear them & read them.
But they would not come, & went off as it was said to
Mechias, to the truth of which we are ready to make oath as
witness our hands, at Penobscot

Kobert M'^Curdey Samuel Low
Moses Wentworth Caleb Goodwin

N. B. Cap* McCurdy forgets M'" Wheelers calling to Col°
Lowder & Cap* Gillman as he was in the House at that time
& in company. M'' Samuel Low has forgot this part with
Captain ]\l''Curdy.

Memorandum, CoP Brewer swore me, viz Caleb Godwin
at the same time in another case. —

Caleb Goodin the deponent saith, that he went personally
to Colonol Josiah Brewer, and requested some stores for M"^*
Blake, who had a family of small children, living only upon
the charity of the people, and her husband at that time in the
Continental army : which Colonol Brewer knew. I requested
her part of the provisions of Colonol Brewer for her use,
informing him of her circumstances : but he utterly refused,
and did not send her any relief, though she and her children
was then suffering for the necessities of life.

Caleb Goodwin

We the subscriber Certify, and offer to give oath to the
following. That when CoP Brewer came from the West
with stores, for the use of the Distressed People of Penob-
scot, which was sent to their rehef by the Massachusetts Bay
State. He called a meeting of the Inhabitants of this place,
and Informed them of the Stores he had brought down for
them: but required Obligations signed jointly and severally,
for the Cost, and pay for tliem. Objections was made against
general Obligations, lie was advised to keep them himself,

18



274 DOCDMENTAKY HISTORY

until he received the worth of them of such as took them :
which was voted in the meeting, because no other method
besides General Obligations would be improved to procure
them. It was moved in the Meeting by the Moderator, That
People which received the stores, Should pay in boards at the
rate of Eleven hundred for a thousand. Hogshead staves in
the same manner &c. Which was to be delivered either to
Lt Col° Lowder, or Cap' Grant, and when they made the pay
to them, their order would be sufficient for the delivery of the
stores. This vote pas'd in the affirmative in the Meeting,
because of the necessity of the people for the Provisions,
which could not be procured on any other conditions ; to
which vote as it stands related, neither Colonel Brewer, nor
L* CoP Lowder made no objection. To which as related
above, we solemnly aver the truth, as witness our hands, at
Penobscot November the 5'^ 1777.

Kenneth M'"Kenzie
Eliphalet Nichorson

N. B. Lieu* Col'' Lowder was clerk in the said meeting &
Jedidiah Preble moderator

We aver the truth of the Above, & further saith, the
boards should be paid at Four Dollars a thousand & y^ mar-
ket price for boards at that time was 1:6:8 at 10 hundred

for a thousand

Jedidiah Preble John Smart

Jacob Lannett Andrew Webster



To the Hon''^^ Council and House of Representatives of the
State of the Massachusetts Bay, in their Convention at
Boston «&. &. &.
The humble Petition of that Part of the Inhabitants of

Penobscot River, embodied in a Regiment of Militia, whereof

Josiah Brewer Esq' is Colonel.



OF THE STATE OF MAINE 275

Which Craves leave humhly to shew, That the commons
of the said Regiment, was never consulted, neither were
knowing, neither approved of the divission of the Ancient
regiment of Militia in this place : and did not so much as
suspect, that any person or persons were studious in planning
the s*^ divission, as hath taken place, where there are so small
a number and so poor a people : neither were we let into the
secret; our advice, & consent asked, which we expected in a
matter of such importance: neither were we notified to make
choice of such Gentlemen, whom we apprehend would have
prosecuted the General tranquillity of the good, and faithful
inhabitants of this river ; by reason of which divers griev-
ances hath been produced to the detriment and discourage-
ment of the inhabitants here.

Therefore for present Redress, and for the Prevention of
future evils, We the Inhabitants of this River, embodied in
a Reg*^ of Militiaunder the command of Josiah Brewer afores*^,
Request that Your Honours, from your known goodness, will
return us to, and incorporate us with the Ancient Regiment,
of which Jonathan Buck Esq"^ is Colonol. It was never
agreeable to us, since his Appointment, to be seperated from
him, under whose complaisent government, we have all
possible assurance of unity and amity, which greatly pro-
motes the happiness, and prosperity of such a people, that
we are blessed with such affable, and laudable examples, &
promoters of the good of all people for whom they are con-
cerned, and with whom they are connected, and we are the
more intence, & engaged in the above request; as we acer-
tained of his zeal, and Faithfulness to preserve and defend
the States, without oppressing those whom he commands.

We crave leave to show, that One Regiriient is suflicieiit
for this place, and a multitude of officers, lessens the number
of privates; so that there not being suHicient connnands here
for all of them, they can with honour refuse exposing them-



276



DOCUMENTARY HISTORY



selves ill case of clanger ; by wliich means, such can avoid
the inconveniences, and dangers of the war; which is injuri-
ous to the United States of all North America.

Your Honours petitioners present & submits their above
request, hoping you will grant their request, and as in Duty
bound, shall ever pray

Penobscot November the 5th 1777
Benjamin Higglns John Smart Isaac Hopkins

his

Charles X Blackdon Elisha Grant Kenneth M^Kenzie

mark

Eliphalet Neil Jonathan pars Eliphalet Nickerson

Gustavus Swan Andrew Webster Jun"^ Jacob Dinnett

Thomas Campbell Cap* Robert Treat Secn*^ Lef°
Andrew Grant Capt INIoses Wentworth Henry Kenney
Nathaniel mayhew Joshua Couillard
Joseph Carter Senr James Grant

hi3

Samuel killam



Ephrm Grant
Simeon Gorton



John O Salley

mark

James Philbrock
peter Sangster
Ephraim Downes
John Pierce
Jean Cluley leiu*
Joshua Treat jun
Robert M<= Cordey
Archeleus Harding

Eben Crosby

Ichabod colson
Edward Smith

James CoUings
Benj" Shute Capt



William Sullivan

vStephen Bysell Joseph Avy

William Lunnt [?] James Duning

Lieut Henry Black
Ralph Deverex
Benjamin Smith
Joshia Burley
Silas Harthorn Jun''
Ephr'" Grant

Adam Grant

John Couillard
Daniel Lancaster

his

Jacob X Clearford

mark



Joseph pumroy
Josh'* Treat
Edmund Smith
Zetham French
Joshua E Ayr
John Chisam

his

Goodwin X Grant

mark

Samuel Rogers
Daniel Good en

his

Daniel X warren

mark

Simon Smith



We the subscribers, Hereby solemnly declare, that Col°
Josiah Brewer Refused delivering us our proportion of salt,



OF THE STATE OF MAINE 277

which was sent down by the Province for the relief of the

distressed people of Penobscot, & never received any molassoes,

but after y^ Petition went from this place to Court, then

Col" Brewer dehvered the salt to us, for which we paid the

money.

John Smart

Penobscot November the 7th 1777. Jacob Dennett



Jedidiah Preble's Evidence.

The Deposition of Jedidiah Preble Jun'' of Lawful age tes-
tifieth & saith, That some time in September Last the Depo-
nent went in Company with L* Col° Lowder in the Province
boat, with a number of Soldiers, to Guard one Patrick Bow,
who was then a prisoner, on Board said Boat, for being
Detected for stealing a Quantity of Beaver out of the Truck
House, and sundry merchandise : Col" Lowder delivered said
prisoner over to Josiah Brewer Esq% together with a Com-
plaint of his Crime, in order for Trial ( as I thought ) M""
Justice Brewer reading the Complaint, He -observes to the
Deponent, That in case he should proceed to the Trial, He,
and CoP Lowder, would Loose a Considerable Sum of
Money : for he would not try the said Prisoner, but nuist
Bind him over to the Sessions and then he would only be
punished according to Law. He considers or pauses, a little
time, and then saith to the Deponent, and asked me, Have
you not got Orders to Inlist men into the Continental Service
from Lieut Ulmore? The Deponent told him he had, But
did not think Lieut Llmore would be willing to Inlist so bad
a fellow into the service. M'' Justice Brewer answered, He
made no doubt he would receive him. AP Justice then pro-
ceeded to Settle the Affair with the Prisoner, in manner fol-
lowing viz. Cast up the Articles he Stole, which ( I think )



278 DOCUMENTARY HISTORY

amounted to Fifteen pounds Twelve shillings & Four pence.
He then added Three times that sum, which amounted to
Sixty Two Pounds, Nine shillings & Four pence ; and then
told the prisoner If he would pay that sum of Money, He
should be discharged. The Prisoner told him He was willing
to do anything he desired to procure his liberty. Col° Brewer
Esq'' Replyed, If he would sign the Deponents Inlistment,
and Give Him an Order upon Lieu* Ulmore for his Bounty
to the amount of that Sum ; and Give his Note of Hand for
the Same sum; he should be discharged from his Accusation.
All which the Prisoner readily complied with, & it was Set-
tled in this Manner in the Deponent's Presence ; the prisoner
was accordingly set at liberty. Colonol Brewer Esq"" said to
me before he finished this affair, as followeth viz. You know,
if I settle tlie affair, without Conunitting the Prisoner to
Gail, It will be a considerable advantage to me and CoP
Lowder, which the Deponent understood, would be equally
divided between them, as They were in partnership respect-
ing the Truck trade. The Deponent further saith, That this
Patrick Bow, Deserted from the Regulars to our Assistance
(as he understood), and Inlisted into the Guard at Penob-
scot under Col*' Brewer afores**, and was a soldier in the said
Guard at the time he was made prisoner. — And further saith

not

Jedidiah Preble Ju''
Penobscot November the 8"' 1777

Charles Blagdon the Deponent testifieth and saith, That I
and my family was in great distress for bread, and I went to
Col° Josiah Brewer to procure some of the Province Corn,
Salt, & molassoes, and took a large, good, bull Moose skin
with me, to purchase these stores with. But Col" Brewer
would give me no more than five peck of Indian corn ; and
by reason of my pressing famishing necessity, I was con-



OF THE STATE OF MAINE 279

strained to let the s** skin go for so small a purchase ; and I
never received any other of the stores of CoP Brewer, which
belonged to the Province, th6 I certified my necessity to him,
and he said, he would not take lumber for them, & therefore
received no more of the stores, whicli I aver is the truth, as
witness my hand at Penobscot this 8th day of November
1777.

liis

Test Charles X Blagdon

John Herbert '""'^

Simeon Gorton of lawful age testifietli & saith, That he
was in necessity of corn & salt & molassoes, applied to AP
Benj. Wheeler of Penobscot for relief, who told him he had
not wherewith to supply his necessity. But pausing a little
time said, As your circumstances are difficult, 1 will give you
an order, & money, &, go to Col° Brewer, & take my part of
the stores, y^ Province sent down for the Relief of y® people
&c &c. I took the Order from under his hand, with the
money, & went to Col° Brewer, delivering y^ Order to him,
& offering him y® money for the stores, Col° Brewer reading
y® Order Refused it for the following reason viz. because it
should have said. The stores sent to Penobscot by y® Massa-
chusetts Bay State, & he gave me y® order again. — I then
immediately returned y^ Order to IVP Wheeler aforesaid, who
wrote me a substitute one, I went back to CoP Brewer y"
second time for y® stores, But he reading y® Order as before
had no Objection against it ; but replied. Your family is but
small, & I will not deliver them to you, others have more
need of them, & they shall have them, & gave me y^ order,
saying. You should have brought a receipt with you to deliver
to me on receiving y^ stores ; for which reason I will not let
you have them. I answered, There is y® Order, & I will sign
a receipt for them consonant with y* Order, & that was sufli-
cient to justify his delivering them to me But he utterly



280 DOCUMENTARY HISTORY

refused y^ delivery of y* said stores, or any part of them to
me. Upon wliich I tendered bim the money for the stores,
which he also refused. Upon which I came away without
any part of them, after I had spent more time than to have
purchased an equal quantity if they were to be procured
anywhere else. Given under my band at Penobscot Novem-
ber the 10^'^ 1777

Simeon Gorton

Joshua Ayr of Lawful age testifieth & saith, that some
time in last May ( according to my memory ) the Deponant
applied to L* CoP Jon* Lowder for his proportion of Corn,
Salt & Mollasoes, sent by y® State of y® Massachusetts Bay ;
for the Support of y® distressed people of Penobscot. He
answered me & said I staid too long, & should have none :
for it was gone, & he was not obliged to keep it for me.



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