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Care the Sloop advance, commanded by one sd. Carman which
was taken by one Hodgkins, and bro't into the s** French-
mans Bay — which Sloop had been impow*^ to carry Supplies
to the Troops then in Boston, and was then on her Passage
to the eastern Shore for the Purpose ; which Vessel being
tryed in a regular manner by the Committees appointed by
the s^ Congress for such purposes, was condemned to be de-
tained in the Hands of tlie s^ Com®® till the further Order of
Government which condemnation was ratified by the Gen.
Court and being strip** of her Sails, which were storred. She
was detain'* accordingly ; — except in one Instance, when the
s"* Com®® had a pressing occasion to transport a Quantity of
Salt, a small Distance, they made use of the s** Sloop far that
Purpose, and then safely [ placed ] her in her former Birth —
In this State your Petitioner left the s'* Sloop ; and being
call^ into the Service of his Country, has never seen her
since — Since which y'' Pete' is inform'', the s'' Hodgkins has
obtain'* Liberty of the gen. Court to libel the s** Sloop in the
Maritime Court for the eastern District, which he has done,
but previous to prosecution having compounded the matter
with the Owners of the s** Sloop, the action Deterrain** — But
to tlie great Surprise of your Petitioner, as he was on his
way from Camp, on Furlow to visit his Fam^ he is inform**
by the Chairman of the s'* Com®® that one Nathan Jones, of
Gouldsborough, by virtue of a Power, as he saith, from the
Owner of the s** Sloop, has in the absence of your Petitioner,
at Head Quarters, attach^ liis Interest at Union River, and
converted part of the same to liis own use — and has com-



428 DOCUMENTARY HISTORY

menc*^ an action against your Petitioner on ace* of tlie s*^
Vessel, the Day of Tryal being this very week ; and that
while y"" Pete'' was out of the State, and which had not the
least hint, till on his Journey as afores'^ he met with the h^
Chairman of the s*^ Com®" —

Your Petitioner therefore prays, your Hon" to interpose
in his Behalf, as lie looks upon himself greatly injur'^ and
unreasonably persecuted, for his Fidelity to his Country ; his
strict adherence to the Orders of Government ; and more for
his Exertions in carrying the Resolves thereof into Execu-
tion ; and by a man too whose character is too notorious to
need an Explanation.

He therefore prays, feelingly prays, your Hon" to Order
the 8*^ Jones to suspend the Prosecution of the s^ action ;
restore the propei-ty he has taken from your Petitioner, im-
mediately and make such other satisfaction to y' Pete' as you
in your wisdom shall think meet, that your Pete"^ may im-
prove his Interest for the good of his Fam^ while he is serv-
ing his Country as Surgeon in the American army ; and as
in Duty bound will ever pray —

Ivory Hovey, Surgeon in Col° Wigglesworth Reg*

In Council April 27 : 1778 Read & Ordered that

Daniel Hopkins Esq. with such as the Hon'ble House shall
join be a Committee to consider the within Petition & report
what may be proper to be done thereon

Sent down for Concurrence John Avery D^ Sec^

In the House of Representatives April 28 1778 Read &
Concurred & Coll Orne & M"^ Baker are joined

J Pitts Spkr p Tem



Resolve directing George Deake to deliver Perry Howland
his chest of wearing apparel — April 28 : 1778

April 23 1778 Read & committed to the Representation



OF THE STATE OF MAINE 429

of the Board of War respecting the Schooner within men-
tioned —

In the House of Representatives April 28'^ 1778
On the Petition of Capt. Perry Rowland praying that his
Wearing Apparel &c in the Schooner called the Two Broth-
ers and now m the possession of Capt. George Deak may be
delivered to him for reasons set forth in said Petition.

Resolved that the prayer of said Petition be granted, and
that the said George Deak be and hereby is directed to
deliver to the said Perry Rowland, his Chest of Wearing
Apparel, taking his Receipt therefor —
Sent up for Concurrence

J Pitts Spkr g Tem

In Council April 28 1778
Read & Concurred

John Avery D' Secy

Consented to
Jer Powell A Ward John Whitcomb

I Palmer A Fuller Moses Gill

Oliver Prescott



The petition of George Deake Humbly Sheweth that the
Removal of the tryal of the Schooner two Brothers from the
Eastern District to the middle District Deprives me of all
the Hd vantages of my Evidance as it is Imposible to go to
Falmouth and back again before tryal & also the Health of
some of the Evidance will Not admit of their Comeing the
Distance and also one Considerable Freighter viz Perry How-
land has swore that he would take my life for Satisfaction
Before I leave Boston in the presence of the High Sheriff M''
Greenleaf, wherefore I pray that the Court will order the
tryal may go on, according to law in such Case provided, in



430 DOCUMENTARY HISTORY

the Eastern District & in the mean time order Some meet
Person to take Charge of said Schooner till the Case is
Issued as the Removel Exposes my Person as well as
Deprives me of my Evidence and Consequently the benefit
of law and your Petitioner as in Duty bound will Ever pray

George Deake
In Council April 28' 1778

Read & Ordered that Joseph Palmer Esq. with such as the
Hon^ House shall join be a Committee to take into Consider-
ation this Petition & report what may be proper to be done
thereon

Sent down for Concurrence John Avery D^ Sec^

In the House of Representatives April 29, 1778

Read & concurred & Gen^ Lovel & Capt King are joined

J. Pitts Spkr g Tem



The Committee of both Houses, to whom was referred the
petition of Ivory Hovey, praying that the Property of the
s*^ Hovey taken by one Nathan Jones of Gouldsborough may
be restored ; and that an action commenced against the b^
Hovey by the s*' Jones may be suspended — report the fol-
lowing Resolve,

A Resolved that the prayer of the s*^ petition be granted,
and that the s** Nathan Jones, or the Officer who attached
his property, be and he hereby is directed, and commanded
to deliver without Delay to the s'^ Hovey all and every part
of said property of the said Hovey which the said Jones has
taken or have been taken by his order in Consequence of
any power he the s*^ Jones has received from the Owners of
the Sloop Advance.

And that the s*^ Action commenced against the said Hovey,
by the said Jones, on account of the said Sloop advance be.



OF THE STATE OF MAINE 431

and it hereby is, with all the proceedings relative thereto,
sus2)ended untill the further Order of the General Court. —

In Council April 28' 1778 Read & sent down

Jn° Avery D^ Sec^

In the House of Representatives April 29, 1778 — Read
and passed with an amendment at A viz — At A insert " On
a Petition of Ivory Hovey praying that his property taken
by one Nathan Jones of Gouldsborough may be restored &
that an Action commenced against him by said Jones may be
suspended " —

Sent up for Concurrence J Pitts Spkr g Tern

In Council April 29' 1778 Read & Concurred

John Avery D^ Secy
Consented to

Jer Powell John Whitcomb I Palmer

D Hopkins Oliver Prescott Jabez Fisher

Benj Austin A Fuller



Resolve on the Petition of Rebecca Callahan.

The Committee of both Houses appointed to consider the

Petition of Rebecca Callahan have considered the same &

beg leave to report by way of Resolve, which is Humbly

submitted

Benj Austin per order

State of Massachusetts Bay

Whereas Rebecca Callahan of Pownalborough has petition'd

this Court that she may have leave to go to her Husband

Charles Callahan, and that she may be allowed the personall

Estate lately belonging to her said Husband ( now in the

hands of Nathaniel Thwing Esq. agent for the said Charles

Estate ) to enable her to defray the chaiges of carrying her

aged Father & Family to lier said Husband at Ilallifax



432 DOCUMENTARY HISTORY

Resolved tlitit Rebecca Callahan be & hereby is permitted
to depart this State with her whole Family directly for Halli-
fax or by the way of Newport and that she be & is hereby
allowed out of said Charles's Personall Estate the sum of
Two hundred pounds to defray the charges which may
Attend her Transporting her Selfe & Family to Hallifax or
Newport, & the said Nath Thwing Esq. is hereby directed to
pay the said Rebecca the aforesaid Sum of Two hundred
pounds out of the Personal Estate of the said charles for the
purpose aforesaid —

In Council April 29, 1778
Read & Accepted

Sent down for Concurrence

John Avery D^ Sec^

In the House of Representatives April 29'** 1778

Read & Concurrd

J Pitts Spkr g Tem

Consented to —

Jer Powell A Ward Moses Gill

D Hopkins John Whitcomb Josiah Stone

Jabez Fisher



To the Honble the Councel & House of Representatives of
the State of Massachusetts Bay —

The Petition of James Avery in behalf of Captain Isaiah
Boudron, Humbly Sheweth,

That the said Cap* Boudron Inlisted a Company of French-
men in the County of Cumberland in the Province of Nova
Scotia by order of CoP Jon" Eddy, and Embodyed his men
with a Number, of others who came with said Eddy and were
in Several Actions Against the Enemy, of the United States,
by which they Took a Number of British Troops Prisoners



OF THE STATE OF MAINE 433

and sent them to this State and was Dispos'd of according to
your Honours orders, that soon after the Enemy were rein-
forced by Superior Numbers, by which said Eddys men were
Defeated & Drove out of that County, — and said Boudron
& his men all belonging to that Province, were obliged to
Leave their Estates and famelys to the Mercy of the Cruel
Enemy & have now Taken shelter at Machias in this State
where they are in the Greatest Distress, — Therefore your
Petitioner humbly prays you will Take this Matter into Con-
sideration and be pleased to grant them pay according to the
Roll herewith, which will be a great releaf to them in their
Distressed Situation, —

Your Petitioner woud Likewise inform your Honors that
all the Men that went with said Eddy in that Expedition has
been paid by this Court Except the said Boudron & his Com-
pany, and your Petitioner as in Duty Bound will ever pray

Ja* Aveiy

In Council April 29' 1778 Read & Sent down

Roxbury April 27'" 1778 Jn° Avery D^.Secy

In the House of Representatives April 29"' 1778

Read and committed to the Committee on Muster Rolls —
Sent up for Concurrence J Pitts Spkr g Tern

In Council April 29' 1778 Read & Concurred

Jn° Avery D^ Secy

State of Massachusetts Bay April 29"» 1778

The Com**® on Muster Rolls, to whom was committed the
Petition of James Avery in behalf of Cap' Josiah Boudron,
has attended that Service, & Report, That the Prayer of said
Petition be granted

A Fuller j) order

In Council April 29' 1778 Read & Accepted

Sent down for Concurrence John Avery D'' Secy

28



434



DOCUMENTARY HISTORY



In the House of Representatives April 29^'^ 1778
Read & Concurrd as taken into a Resolve

Sent up for Concurrence J Pitts Spkr p Tern

In Council April 29' 1778 Read & Concurred

John Avery D^ Secy
Consented to
Jer Powell A Ward T Cushing

Jabez Fisher Moses Gill John Whitcomb

D Hopkins W Spooner



On a Petition of James Avery in behalf of Captain Josiah
Boudron — setting forth that said Boudron inlisted a Com-
pany of Frenchmen in the County of Cumberland in Nova
Scotia by order of Coll Jonathan Eddy & employed them
in several Actions against the Enemy — & praying that the
Rolls for their Service may be allowed & paid

Resolved that the prayer of the Petition be granted, & the
Committee on Muster Rolls are hereby directed to allow said
Rolls accordingly

Resolve on the Petition of James Avery — directing the
Committee on Muster Rolls to allow Payment on the Muster
Rolls of Josiah Boudron — April 29' 1778



State of Massachusetts Bay April 29*'^ 1778
The Committee of both Houses upon the Petition of
George Deake, have attended that Service & heard the Par-
ties & Report that said Deake & one Ziphion Thayer have
agreed to settle the affair, if this Court consent to give up
their Claim to the Schooner Two Brothers & Cargo men-
tioned in Said Petition ; — That s*^ Deake appears to have
acted the part of a good officer ; — That the property of said



OF THE STATE OF MAINE 435

Schooner & Cargo will probably appear upon Tryal to belong
to said Thayer's Brother ; and tliat now said Thayer has
promised to said Deake, that he will generously pay him all
expences which he has been at about this affair, provided this
State shall give up their Claim, & said Thayer be put into
possession of said Vessel & Cargo ; upon which promise said
Deake appears to be fully satisfyed, depending upon the
performance on the part of said Tliayer

I Palmer g ord''

In Council April 29'" 1778 Read & sent down

Jn° Avery D^ Sec^

In the House of Representatives April 30, 1778
Read & accepted

Sent up for Concurrence J Pitts Spkr g Tem

Consented to
Jer. Powell W Spooner T Cushing

Josiah Stone Jabez Fisher D Hopkins

I Palmer



In the House of Representatives April 29''" 1778

Ordered tliat Docf Dunsmore be of the Committee on the

Petition of George Deak in the room of Capt King absent —

Sent up for Concurrence

J Pitts Spkr g Tem

In Council April 29, 1778

Read & Concurred

Jn° Avery D^ Sec^



In the House of Representatives April 30, 1778

Whereas this Court by a Resolve of the 28'*' directed that
the capture of tlie Schooner Two Brotliers & Cargo lately



436 DOCUMENTAIiY HTSTORZ

taken by George Deake should be tried in the Middle Dis-
trict of this State — &c whereas it appears that the said
Deake is willing to relinquish his Claim on a promise of
Zyphion Thayer who lays Claim thereto to pay him the
Expences he has been at provided this State will give up its
claim to the same

Resolved That this Court do hereby relinquish all claim
which this State may have to the said Schooner & Cargo
Sent up for Concurrence



In Council April 30, 1778
Read & Concurred



J Pitts Spkr p Tem



Jn° Avery D" Sec^



Consented to
Jer Powell T Cushing W Spooner

Moses Gill D Hopkins Josiah Stone

A Fuller



York Ss

York April 30*'^ 1778 Then John Caldwell appeared and
made Solemn Oath that he and Andrew Campbell Manfac-
tured and Sold agreable to the resolve of the Fourth of July
1777 two hundred forty five bushells & one half of Salt
between the 15"^ of July 1777 & y" l'^* of January 1778 and
Sold it at the Regulating price, and they have received no
bounty therefor

Sworn before Joseph Simpson Jus : Peace

To the Hon'''® Councel of the House of Massachusetts Bay

York May 23^i 1778

Please to pay the Bounty for the above Salt to Joseph
Simpson Esq"^ and you will oblige your Humble Servant

Andrew CampbeP



OF THE STATE OF MAINE 437

In Council May 30 : 1778 Read & Ordered that a War-
rent be drawn on the Treasury for <£36. 16. 6 in fav"" of
Hon^ Jos'^ Simpson for the Use of the said Campbell in full

Jn° Avery D^ Sec^

State of Massachusetts Bay
In the House of Representatives April 30*^ 1778

On the Petition of Jonas Farnsworth Benj* Foster &
others Praying for allowance for Rations Due during the
time of their Service at Machias agreeable to the abstracts
accompanying S*^ Petition, allso on the Petition of Jabez
West and Rubin Dyer praying for Rations Due to them &
Several other officers in the service of this State allso on tlie
Petition of Jonas Farnsworth praying for a Bounty for the
Non Commission officers & Private Soldiers in Several Com-
panyes of Militia who did duty at Machias Last Sumer and
allso on the Petition of the S'^ Jonas Farnsworth praying for
a Number of Fire Arms & Amunition for the Sixth Regn'
of Militia in the County of Lincoln

Resolved that there be allowed & paid to Each Non Com-
mission officer & Piivate soldier who did duty at Machias as
set forth in a'^ Petition the Sum of thirty shillings p'^ Month
in Addition to the Continental pay for which Purpose the
Petitioner is directed to Lay his Rolls before the Committee
of Muster Rolls for Examination, and it is further Resolved
that the Board of War be directed to deliver to the said
Jonas Farnsworth, one hundred & Sixty Two Fire arms,
Four hundred & Seventy three pounds of Powder & Nine
hundred & F'orty Six pounds of Leaden Ball for the Sixth
Regn* in the County of Lincoln. Said Farnsworth giving
Security to the said Board of War To pay for the said Fire
arms & amunition In Twelve months from the date of this
Resolve — at Such price as the Board of War shall Judge
Reasonable — and it is further Resolved that the Board of



438 DOCUMENTARY HISTORY

War be directed to give orders on the Commisary Gen' for
Such & So much Provishons as shall appear to be due to
the Said Militia for Rations which they have not Received —
Sent up for Concurrence J Pitts Spkr p Tem

In Council April 30' 1778 Read & Concurred

John Avery D^ Secy
Consented to

Jer Powell A Ward T Cushing

Jabez Fisher Moses Gill D Hopkins

J Palmer

To the Honorable the Great and General Court of the
State of Massachusetts Bay convened and held at Roxbury
April 1778 —

The Memorial and Petition of the Plantation commonly
called Damariscotta, in the County of Lincoln, in behalf of
said Plantation, Humbly sheweth,

That said Plantation has been settled with inhabitants for
upwards of twenty years past ;

That the inhabitants thereof have, at great expence and
thro' many hardships and dangers, reducd said Plantation
from an inhospitable wilderness to a State of cultivation and
social improvement : and endeavering to demean themselves
as members of the community not unworthy of a share in its
priviledges, they have, to the utmost of their abilities, main-
tained order and regulation amongst themselves ; and having
been annually taxed by the town of Newcastle, have never
failed of contributing their moiety to the public utility.

Your Memorialists beg leave to add that said plantation
was among the foremost, in this county, in espousing the
great and all-important cause of America, in her opposition
to the tyranny of the King and Parliament of Great Britain ;
and having uniformly continued such exertions, in its sup-
port, as their little ability could permit ;



OF THE STATE OF MAINE 439

But since the laws of the State have begun to call upon
plantations as well as towns, in a separate and distinct capa-
city to raise money or other necessary contributions to the
support of the army of the United States, ( our full quota of
which was chearfully and early compleated ) the said Planta-
tion has laboured under great Difficulties for want of the
powers of a legal corporation ; as every thing must be done
by voluntary Subscriptions, which, in their unincorporate
State, it was impossible to regulate in just proportion to the
ability of each inhabitant respectively

That from the same cause the said inhabitants have also,
from the beginning, laboured under various hardships in the
want of power to maintaui public schools, or the settlement,
or stated dispensations of the Gosj^el among themselves at
their Common expence : And various other difficulties have
laid upon said inhabitants, such as are peculiar to unincor-
porated plantations :

For these reasons the said inhabitants, now amounting to
families are induced at last to look up to the fathers of this
State for releif from their said hardships : and therefore in
their behalf, your Memorialists most humbly and earnestly
intreat the Honorable Court to take their case into your wise
consideration ; and as soon as may be, to grant us the priv-
iledges of a legal corporation ; & for that purpose

Your Petitioners pray your Honours that an act may pass
the honorable Court, for incorporating the said plantation
into a town by the name of & for investing the

inhabitants thereof with all the priviledges and powx'rs
usually granted, by the laws of this State to incorporated
towns : —

And your Petitioners careful not to encroach on the lines
of others, and at the same time wishing to extend our bound
no farther than may be convenient to form one commodious
Parish, would pray your honors that the boundary lines of



440 DOCTJMEJSTARY HISTOHY

said town may be fixed as follows, viz, beginning on the Eastern
bank of Dainariscotta river ; at the head of Browns cove, so
called, from thence running East on Bristol North line, about
three miles from Pemaquid Pond; from thence N. by E. by a
right line, about two miles running thro said pond till it strikes
the South West corner of Waldoborough line ; from thence N.
& by E, on said Waldoborough line about three miles and half
till it strike the North-East corner of Plummer's meadow so
called ; from thence N. W. by a right line one mile and half
till it strike the East side of Damariscotta Pond, on the
northern side of Noah Cross's house ; from thence southerly
along the eastern shore of said pond, as said shore runs to
the lower narrows of Damariscotta Pond from thence run-
ning southerly on Newcastle East line, down to the mills, so
called, so on the said line down Damai'iscotta River to the
first mentioned bounds ; the whole tract not exceeding six
miles in length from North to South, nor four miles in
breadth from East to West :

And finally that the said inhabitants may not be obliged
to remain inactive in the important afiairs of the establish-
ment of a new form of government, your Petitioners pray
that as soon as may be, an order may issue to Thomas Rice
Esq'' or some other Justice of the Peace near them to grant
a warrant for convening said inhabitants at any time he shall
think proper to choose such officers & transact such other
business as is usually appointed by law to be done in the
month of March annually — And your Petitioners as in duty
bound in behalf of themselves and their said Constituents
Shall ever pray

Anthony Chapman Joseph Rust Francis Tufts

Committee of said Plantation
Dated at Damariscotta March 13*** 1778



INDEX



AcKi.EAY, John, a witness, 92.

Adams, Samuel, secretary, C5, 306,
311, 330, 373, 392.

Airs, J., lie and his oxen hired,
165.

Albany, N. Y., 53.

Albey, William, 114.

Allan, Abraham, received bounty
money, 315.
John, declaration of, 418.
Col. John, with Indians, 2, 14,
169, 175,242, 420; to have pro-
visions, 3; will need corn, 4;
to come to Machias with In-
dians, 4; must proselyte, 5; at
Machias, 14, 169, 175; received
stores from Proble, 16, 30; in-
structions to, IS; his influence
over Indians, 35; as a witness,
91; Maj. Shaw embarked to
join, 114; no letter from, 114;
to put in a claim on the prize,
115; news expected from, 110;
inventory of sundries deliver-
ed to, 118; described attack
and repulse of the enemy, 170,
171, 175; desired supplies, 170,
179; drew on Messrs Cross,
176, 179; works for best inter-
ests of the United States, 177,
178; asked to have a court
martial called, 178; recom-
mended John Preble for em-
ployment, 178; tried to prevent
defraudations of Indians, 195,
196; in charf^e of Indians, 205,
389, 420, 421; stores for the
Indians sent to, 205; to be com-
missioned, 212; to enlist more
Indians, 212, 352, 363; to have
people conveyed from Nova
Scotia, 213; to commission In-
dian officers, 213; chief in com-
mand of Eastern Indians, 215,
210, 218, 234, 243, 24 4, 245, 252,
269, 324, 339, .345, 4()0; to sta-
tion men at and near Machias,
228; made trade agreements,
229; excluded the Penobscots,



Allan, continued.

229; advised the use of every
means to keep the Indians,
230; desires advice, 231; to
erect a fort, 242, 338; adver-
tised that rum must not be
sold to Indians, 244; in court
for Jones, 247; in search for a
stolen skin, 253, 255, 256;
accused Jones of stealing
the skin, 254; his complaint
against Jones must await his
arrival, 270; obliged to act
without instructions, 285; In-
dians will only settle matters
through his hands, 286; difti-
cult to keep his Indians in
order, 286; his family confined
in a garrison, 287, 292; order
to Crabtree, 288; held a con-
ference with tlie Penobscots,
288, 289; furnished rum to the
soldiers, 289; news from, 292,
293; gave advice in regard to
army regulations, 294, 295;
took supplies from the truck-
house, 296,339,351; requires
a separate house, 297; har-



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