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That voiir petitioner commenced an Action in Septeml)ei'
1770 at>ainst James Cargill of Newcastle in a plea of
Covenant broken, which action was continned to June last,
iiiid then 1)V Muliutl consent referred to tliree Gentlemen of
the Hrst Character for kn(nvledge and Inlegrilv in the County
of Lincoln. Thc.v hud a very fair and full hearing, the Ac-
count of Damages sustained, was carefully examined by them,
and the said Cargill declared himself perfectly satisfyed with
the report of said Referees, u]ion which the Judgment for
Thirteen thousand one hundred and twenty three pounds.
Eighteen Shillings Damage, and twenty two pounds sixteen
Shillings Costs, was founded —

That a petition in favour of the said Cargill was prefered
to the non()ral)le General Court in June last, for his relief.
That the said petition Explicitly declared the aforesaid
Judgement to be Just, notwithstanding which the Honorable
General Court in June last Issued their Order for the staying
the Execution of the Judgement afores'd, and cited your
Memorialist near two hundred ]\Iiles from his place of abode
to shew cause, wherefore the said Judgement should be
executed a Judgement that the Debtor, and the Petitioners,
acknowledged to be Just !

Your })etitioner has heretofore, ever conceived it his Duty
to pay the most sacred regard and Obedience to the resolve
and Orders of the Honorable the General Court, and upon
that principle, has been attending from the twenty second
of August, to this day, to shew cause wherefore the said
Judgement should be executed, altho' the unreasonableness
of said requisition is to many, most apparent —

Your petitioner begs leave, further, to inform your Honors
that he has suffered great, and substantial Damage by your
Honors Order aforesaid, as it has prevented his euting about
ten loads of Grass on the said James's Estate whcrebv it has



26



386 DOCUMENTAEY HISTORY

taken as much money out of your petitioners pockett as the
said Grass was reasonably worth and also the sum of
£1030 .. 4/. — which your petitioner has been obliged to ex-
pend in Obeying your honors Order aforesaid. An Injury
which he is firmly persuaded this Honorable Court will never
permitt any subject of the State to suffer — Your petitioner
therefore humbly prays such relief may be granted him as
your honors in your great Wisdom may think fitt and as in
duty bound will ever pray — John Langdon

[Bill of expense follows here]

The Petition of Mrs. Barbara Ross.

State of Massachusetts Bay

Falmouth Sept 1^* 1780

To the Honorable Council and House of Representatives of
s"^ State
The Petition of Barbara Ross humbly shews —
That on the 14"' April A. D. 1779 she obtained permission
of the Honorable Court to go in a Cartel to ISTew York —
where her Husband then was — That her Husband leaving
]S[ew York soon after — she thought proper to suspend her
Resolution of going there — That she has lately been in-
formed he is at Hallif ax — and therefore humbly prays your
Honours to permit her to go to that place instead of New
York; and as Captain Arthur ]\'PLellan is willing to carry
her there in the Schooner Hazard, burthen about twenty
Tons if he can be permitted so to do — she further prays
your Honours that he may be commissioned to go there in
said Vessel as a Cartel ; and f urnish'd with the necessary
Papers to carry your Petitioner & her family consisting of
Maid and five Childring

And your Petitioner, as in duty bound shall ever pray

Barbara Ross



OF THE STATE OF MAINE 387

Petitio7i of RicJiard Codman.

State of Massachusetts Bay.

To the Hon"'" Council and Hon"" House of
Ivcpresentativcs in General Court Assenihled

The Petition of Richard Codman of Falmouth in Casco
Bay Merchant Humbly shews,

That Cap*^ Thomas Ross formerly of said Falmouth but
now of Halifax in Nova Scotia is indebted to your Pef a
large sum amounting to about Twelve hundred pounds
Sterling being the Produce of three Cargoes of Merchandise
which the said Ross sold for your Pef in the West Indies
in the year 1775

That the said Ross has sent several Verbal Messages to
your Pef that he will settle & pay the same Debt if your
Pef could obtain leave to go to Halifax for that purpose,
And as your Pef has been a great Suflerer during the present
War and in case of the Death of said Ross he is in danger of
loosing the whole of said Debt which would be almost the
Ruin of himself and Family

He humbly Prays Your Honors would Permit him to go
to Halifax in the first Cartel and return from thence as soon
as may be with the said Debt or the produce thereof in such
Effects as he can procure from the said Ross

And as soon as your Pef is Informed Barbara Ross Wife
of said Thomas Ross has applyed to Your Honors for a
Cartel to transport herself and family to Halifax, he prays
in case her Petition is granted that he may be permitted to
go in the same Vessell

And as in Duty Bound will pray

Richard Codman



388 DOCUMENTARY KISTOEY

Chas. Cushing to Gen^ Wadsworth.

Waldoborough Sep' 5^'' 1780
Dear Sir

I have now obtained mv Parole to Return Home and am

so far on my way there being just arrived in the Flagg that
carried the Women from this Place. I should have done my-
self the Pleasure of waiting upon you if my health would
have admitted ^ — I have been very ill of the Flux for this
fortnight which has reduced me to a Very low & weak state
& what will be the end of it I am still afraid. I enclose you
a Copy of my Parole wherein much is required of me — I
suppose there will be no difficulty in effecting the exchange of
all except jSIr. Gardiner who is under presentment of the
Grand Jury — It seems to me that upon some Principal or
other it would be best that he should be exchanged as there
is a great many of that Sort of people with the enemy- — who
will certainly take revenge upon individuals as they light of
them in case punishment should be inflicted — I suppose
it will be needful for the rV)uncil to determine with regard
to his exchange — Clive talked with me before I left bag-
gaduce he said if he could have his personal Estate he never
would trouble this place again but if that was not allowed
he would revenge upon individuals until he had got satis-
faction — Quere — whether it would not be best that such
sort of people should have their personal Estate or the Value
thereof, if by that means the destruction of private Families
could be avoided — I am exceeding sorry that I am de-
prived of the pleasure of waiting upon you — If anything
should occur to you needful for my information Relative to
my Parole or exchange Should esteem it a favor to Receive
a line from you — I am with respect

Your most Hble Serv*

Cha^ Cushing
Brig'' Gen^ Wadsworth



OF THE STATE OF MAINE 389

Petition of James Avery.

To tlic TIou^'" Council ^V- House of Representatives of the
State of ^[assachusetts Bay

The Petition of James Avery Secretary to Indian Eastern
Department & Agent for Col" John Allen, Contin' Sup"" In'
llunil)ly ShewL'th

That your Petitioner heing Empowered by said Col° Allan
& Cap^ Stephen Smith to settle the accounts & other business
respecting that Department Begs liberty to present the Ac-
counts Pay Rolls &c herewith and Humbly prays that such
measures may be Taken for the Settlement of the same as
vour Honors in your Wisdom may think proper and your
Petitioner as in Duty bound will ever pray —

Jas Avery
Boston Sep' 7'" 1780

lu Council Sep' 7'" 1780

Read and thereupon ordered — That the Petition of James

Avery Agent for Col" John Allen Superintendant to the

Indians in the Eastern parts of this State together with the

several Accounts of said Department accompanying the same

be and hereby are Committed to the Committee appointed by

the General Court for Methodizing and settling the acct^ of

this State for Examination and adjustment.

Sent down for Concurrence

John Avery D Secy.
In the House of Representatives

Sepf 17, 1780

Read and concurred John Hancock

Order of Gen^ Court on Petition of Rich'' Codman.

State of ^lassachusetts Bay

V

In the House of Representatives September 8 1780 —

Whereas Rich^ Codman of Falmouth has represented to
this Court that Thomas Ross late of Falmouth afores'd and



390 DOCUMENTARY HISTORY

now of Halifax in the province of ]S'ova Scotia is indebted
to him in the sum of twelve hundred pound sterling and is
ready and willing to settle with and pay to him the s'^ Cod-
man the sum afor** and prays liberty for a Cartell to go to
Halifax to recover sf^ debts Therefore Resolved that the
prayer of said petition be granted and that the Hon"'^ the
Council be requested to grant permission to said Codman to
repair to Halifax for the purpose set forth in said petition
in a Cartell which the Council are further request"^ to Com-
mission for that purpose, and to return with his effects —
And it is further Resolved that s^ Codman gives Bond to the
Treasurer of this State for the sum of ten thousand pounds
that he will in all respects conform to the conditions on
which the cartell shall be granted —

And it is further Resolved that Barbara Ross with her
five children and servant maid be permitted to go in said
Cartell to her husband at Halifax — not to return again to
this state without permission first obtain'd from the General
Court for that purpose —

Read & passed

Sent up for concurrence

John Hancock Spk""

In Council Septemb. 8, 1780
Read & Concurred

John Avery D Sec'y

Consented to —

J Bowdoin T Danielson J Simpson

Jer Powell B Austin Jn° Pitts

T Cushing J Stone E Brooks

R. T. Paine A. Fuller Aaron Wood

J Fisher Sam Niles C Strong



OF Tin: STATE OF ^FAINE 391

Resolve Directing the Assessors of the Town of WintJirop to
Abate All Public Taxes.

/To the Hon"'^ Counoill k House

]of Kepresoiitativcs for said State

Stateof.ArassachusettsBay ij, Qcu' (1^^^^,.^ Assembled this

(nth day of Sept: 1780
'riic petition of the Subscribers a Com'^® of a Small Num-
ber of poor people Just beginning a Settlement on Andro-
scoggin River Called Lewiston Humbly shewth — That your
petitioners together with about twenty families are just now
begining a Settlement in the Wilderness, and att a great
distance from any other Settlement being very poor and not
able as yet to raise our bread, & having no way to raise money
to pay taxes living so far in the Wilderness, and the In-
habitants of Winthrop lying about fifteen miles distance
from us have taxed us for our poles and unimproved land
att such Extravagant Rate, that if we are Obliged to pay
the tax they have lay** upon us we must leave our Small
improvements, we Apprehend they have no right to tax us,
lying att so great a distance and they being Taxed Only their
proportion with the other Towns in this State —

Therefore as the State raises no benefit from our paying
Taxes to Winthrop, most humbly pray that your Honours
would Order our Taxes taken of by them, and that they pay
their proportion of taxes that the honour*^ Court have lay*^
upon them, and when Ever it appears to the Gen' Court that
we are able & ought to pay some part of the Charge of Gov-
ernment, we will with Chearfullness pay what the Court
shall see meet to lay upon us & pray that we may have the
liberty of other new plantations have to raise the Money our
Selves in the way the Court shall provide and as in duty
bound shall Ever Pray

Lemuel Cummings I

Benj° :Morrill '' J Com***'

John Herriek



392 DOCUMENTARY HISTORY

Petition of Joseph North Esq'' of Pittstown.

To the honble Council & house of Eepresentatives in general
court assembled —

The petition of Joseph North Esq"" of Pittstown in the
county of Lincoln for & in behalf of the inhabitants of the
county of Lincoln humbly sheweth —

That the sea coast of the s*^ county of Lincoln is open &
has suffered many evils of the most distressing nature from
the depredations of the enemy at Baggaduce, who report
there in arm'd vessels & boats & scours the country at their
pleasure — That many of the wood coasters bound to this &
other capitol places of the State have been taken by s'* boats
& vessels & utterly destroyed — 1[ That many persons who
have fled from said Pittstown to the enemies at Baggaduce,
being well acquainted with the country & with those persons
who have been most zealous in the cause of America, have
committed the most enormous inhumanities upon the prop-
erty & liberties of persons of that character, k are still
marauding the country for such subjects upon whom they
may exert their barbarious ingenuity — And such is their
situation in that country that the designs of their enemies
may easily be executed — Your petitioner therefore humbly
prays in behalf of s*^ county that your Honors wou'd take
into consideration their distressed situation and make such
orders as in your wisdom shall seem most meet for their
safety & the general peace of the State k as in duty bound

will ever pray —

Joseph Xorth

Boston Sepf O'*^ 1780

In the House of Representatives Sep' 14, 1780

Read & thereupon Order'd, That Brigad"" Preble, Brigad""
Trott k Coll Coffin with such as the Hon Board shall join be
a Committee to consider the same — to enquire into the sit-



OF TJIE STATE OF MAINE 303

nation of the Eastern Parts oi ilie State — in wliat nninner
the Troops and Eoats there, are employed — and to consider
what naval Force is necessarv to be employed for the Pro-
tection thereof, and how it shall he procured
Sent np for Concurrence

John Hancock Spk""

In Council Sep^ If/ 1780

Read & Concurred and Joseph Simpson and Stephen
Choate Esq" are joined

John Avery D Secy

The Committee of Both Houses to whom was Committed the
Petition of Joseph North Esq"" of Pitts Town in the County
of Lincoln for and in behalf of the s*" County as the sea Coast
is open & has suffered many evils of the most distressing
nature as sett forth in said petition, have attended the Service
assigned them k beg leave to report by way of Resolve,
Which is Submitted

J. Simpson p"" Order

Resolved that the Board of War be Directed to purchase
or Hire a sutable Vessell that will Mount ten or twelve Car-
riage Guns, and fit her for the Sea as Soon as may be to
Guard the Sea Coast from Cape Ann and Eastward as far
as Camden in the County of Lincoln for the protection of the
Coasting Vessells, and it is further Resolved that the Hon"'®
Maj"" Part of the Council be Desired to give Brig"" G' Wads-
worth such further Orders as may be Necessary for the Pro-
tection of the County of Lincoln

In Council Sep* 16, 1780
Read & Sent down

John Avery D Sec'y



394 DOCUMENTAEY HISTORY

Resolution on the Petition of James Boivdoin Esq^ & Others.

To y^ lion'''^ the Council & House of Representatives

The Subscribers, a joint Committee of the Corporation of
Harvard College & of the American Academy of Arts &
Sciences, humbly Shew

That on the 27"^ of October next there will be a very re-
markable Eclipse of the Sun, which is represented to us by
the Rev^ M"" Samuel Williams Hollisson Professor of Mathe-
matics & natural Philosophy in the University at Cambridge,
will be in the Eastern Parts of this State, in the neighbour-
hood of Penobscot, total and central. That he cannot find
that any total Eclipse of the Sun has ever been seen here
from y^ first Settlement of the Country, nor will any such
be visible here until the year 1806; that observations of
Eclipses have been attended with so many advantages to
mankind that they are universally esteemed objects of great
Attention in every civilized nation : That They have been of
great use in chronology, serving in several cases to ascertain
the date of ancient transactions, and have been applied with
Great advantage by Divines in determining y^ important
point of the christian era. That in Geography they have
been of Singular Service in determining the longitude of
places ; and in astronomy they are of the greatest use to
perfect the lunar Theory and Tables. With these two last
Objects navigation, and of consequence. Commerce must al-
ways be very nearly connected. That an Opportunity now
presents itself to make an observation of a phenomenon,
which has never as yet been seen in this part of America,
and cannot be seen again for many years to come; that if
leave and accommodations can be procured, the above-named
Professor would be ready to do every thing in his power
towards making the observation, for compleating of which
it will be necessary that six or seven Persons should be en-



OF THE STATE OF MAINE 395

gaged ill it. Tliat as your l*ctitiuners huniljly apprehend
the cause of Science will be much served, and y* honour of
this State greatly promoted, if a good observation of the said
Eclipse can be procured in a place where it will be total, they
beg leave to submit y® matter to your Honour's Considera-
tion ; and pray your Honours would be pleased to order the
Board of War & Commissary General to provide the Said
Professor and his assistants with such Accomodations and
Supplies as may enable them to effect so desirable an Object :
or that they may be enabled to effect it by such other means
as y"" Honors Shall thinlv proper.

James Bowdoin Thomas Cushing

Henry Gardner Samuel Cooper

In Council Sep' 9' 1780

Head & Sent down

John Avery D Secy
In the House of Representatives Sepf 9, 1780

Head & ordered That Col" Dawes, M"- Cranch & Col' Bald-
win, with such as the Hon' Board shall join, be a Committee
to take the foregoing Petition into consideration & report
what may proper to be done thereon

Sent up for Concurrence

John Hancock Snk.
In Council Sep' 9' 1780

Read & Concurred and Jeremiah Powell and Timothy

Dauielson Esq" are joined —

John Avery D Secy.



Order For Abatement of Taxes of Inluibitants of Lewistoivn.

State of Massachusetts Bay

In the House of Representatives Sept 11''' 1780
On y® petition of Lemuel Cumings, & others a Coni"'^ in
behalf of the Inhabitants of a New plantation Called Lewis-



396



DOCUMENTARY HISTORY



town in the County of Lincoln praying for an abatement of
publick taxes, assessed on them by the assessors of the Town
of Winthrop for the year 1779 —

Resolved that the prayer of said petition he granted and
that the assessors of the said Town of Winthrop be and they
are hereby Ordered and directed to abate all the publick
Taxes that have or shall be assessed on the polls and Estates
of the said inhabitants of Lewistown for the year 1779 pro-
vided Never the less than Nothing in this resolve shall be
construed to Extend to make any abatement in the Taxes
imposed on the Town of Winthrop by the Gen' Court
Sent up for Concurrence

John Hancock Spk""

In Council Sept 12^ 1780
Read & Concurred

John Avery D Secy



Consented to
J Bowdoin
Jere Powell
T. Cushing
W Spooner
B. White



B. Austin
N Cushing
T. Danielson
Sam' Niles
Jn° Pitts



J. Simpson
Aaron Wood
Caleb Strong
Step*^ Choate
Tho^ Durfee



Resolve on the Petition of Robert Calef.



State of Massachusetts Bay

In the House of Representatives Sept 12^'' 1780

On the Petition of Robert Calef praying for leave to go
to Penobscot and to return with his sister Sarah

Resolved — That the Prayer of the Petition be granted
and that Robert Calef be and hereby is permitted to take
Passage on Board the Cartel bound to Penobscot for the



OF TIIK STATE OF MAINE 397

Purpose of bringing his Sister Sarah from thence into this
State — who have liberty to return in I he first Cartel from
Penobscot —

(To the lion'"" the Council &
State of Massachusetts Bay { Hon''"' House of Representatives

f in General Court Assembled

The Petition of Robert Calef of Boston a Minor aged
Nineteen Years Humbly Showeth

That your Petitioners Father last December sent for his
Family to Penobscot, your Pef Mother not inclining to go
but sent her Daughter aged fourteen years, that since, your
Pef Father has departed for England and left his Daughter
at J^enobscot without a friend to help her, that she by the
last Cartel from Penobscot profest a great desire to come to
New England.

Therefore your Pet'" prays your Hon'''' indulgence that he
may be permitted to go in the Cartel under any Limitations
& restrictions your Hon''' may think proper, to Accompany
his Sister to this place.

And in Duty will ever pray &"

Robert Calef

State of Massachusetts Bay

In the House of Representatives Sepf 12, 1780
On the Petition of Robert Calef, praying for leave to go
to Penobscot & to return with his Sister Sarah ;

Resolved, That the prayer of said petitioner be so far
granted as that the said Sarah Calef be permitted to return
into this State in the first Cartel from Penobscot
Sent up for (Concurrence

John Hancock Spk""



398



DOCUMENTAEY HISTORY



In Council Sep. 13'*' 1780

Read & Concurred as taken into a N^ew Draught —

Sent down for Concurrence

John Avery D Sec'y

In the House of Representatives Sept. 13 — 1780

Read & nonconcurred & the House adhere to their own

Vote

Sent up for Concurrence

John Hancock
In Council Sep* W" 1780

Read & Concurred

John Avery D Secy

Consented to —

Jer Powell

J Bowdoin

W Spooner

T Cushing

B Austin



Spk"-



'N Cushing
T. Danielson
Sam ISTiles
Jn" Pitts

Caleb Strong



Aaron Wood
D Davis
J Simpson
Step" Choate
Tho^ Durfee



Resolve on the Petition of George Williams and Others.

To the Honorable Council and the Honorable House of
Representatives of the State of Massachusetts bay in
General Court assembled.
May it please this Honorable Assembly.

We your Memorialists being Merchants in the Town of
Salem & late owners of the Ships Hector & Black Prince
destroyed in Penobscot river in the Service of this State pre-
sume to lay this account of our Grievances before this hon'
Assembly, & appealing to the justice of our country to ask
Redress. We take liberty to represent, that at the time when
the eastern expedition was imdertaken, the ship Hector was
new from the stocks & at a very great expence to the several



OK TIIK STATE OF MAINE 899

owners fitted for Sea. That the shij) ''Black Prince" haveing
returned from a long ahscence without any success was also
with a very great ditHcuity arising from the previous severe
misfortunes of many of the owners made ready for Sea. At
this period the fairest opportunity presented for making
depredations on the Commerce of Great T>ritain ; immense
Cargoes of provisions were arriving every day on the Coasts
of America, & the Quebec fleet the object of our intended
pursuits was then expected in the river S' Lawrence laden
with the choicest manufactures of our enemies, & from good
information in no condition of defence against our largest
private ships such as were the two above mentioned. At
this time the embargo was ordered & our Ships demanded by
public authority witli a compulsive importunity that admitted
neither deliberation nor denial. We shall be pardoned by
this Hon'"'' Assembly when we say, that many of us knowing
or foreboding the danger to so great & essential a part of our
most valuable property, were very averse to the measure : we
anticipated such misfortunes as might arise, & in those mis-
fortunes the loss of our Interest, our credit & our support
which to many of us was derived solely from predatory enter-
prize the only precarious & miserable resource an unhappy
war has left us. — These apprehensions were plainly &
decently mentioned to such Gentlemen as were appointed to
contract on the part of the State, & we were assured that the
Ships would be detained only a few days, & by no means so
long as to bring them into danger ; & that if any misfortunes
should arise the owners would be indemnified without delay.
On these Condition'^ the Ships Hector »S: lilack Prince were
ingaged, 6: after waiting a fortnight for the fleet sailed for
Penobscot. — A delicate sense of the honor of our Country
forbids us to enlarge on the event of this fatal expedition.
We have now only to urge our own sufferings »S: to ask a full-



400 DOCUMENTARY HISTOEY

filiiient of the engagements then entered into with us. —
Altho' as Citizens of America we deem ourselves in the last
resort, obliged to sacrifice our property & hazard our lives
in defence of our common countrv, yet we conceive the case



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