Maine Historical Society.

Documentary history of the state of Maine .. (Volume 18) online

. (page 28 of 34)
Online LibraryMaine Historical SocietyDocumentary history of the state of Maine .. (Volume 18) → online text (page 28 of 34)
Font size
QR-code for this ebook

here to have been essentially different. It was not to repel
a present formidable invasion, or a general & impending
danger, but to provide against a distant & partial evil that
our property was demanded ; & altho' success might have been
as ruinous to us as misfortune has reallv been, yet even from
success we could derive no more, & probably not so much
advantage as other merchants in the sea-ports not immediate-
ly concerned in the expedition. We therefore consider our-
selves as having suffered, & been sacrificed to the public; &
as having from that public the clearest & most equitable
claim to immediate & complete indemnity.

We desire most seriously to assure this Hon*"® Assembly,
that many of us agreed to this representation, solely from the
necessity of our affairs : that a regard to the state in the
present hurry & embarrassment of our public concerns would
weigh greatly with us to suspend our claims under circum-
stances more agreable ; but that our loss at Penobscot, the
suspension of commerce during the most interesting part of
the last summer, & such general & severe misfortunes in
trade & enterprize as have befallen us since, joined to the
great taxes, & the enormous price of the necessaries of life,
have left the inhabitants of this & the other sea-ports in a
Situation truly to be commiserated. We know indeed that
an immediate payment of our demands would in some de-
gree enhance the taxes already so considerable; but as the
marine levy for the eastern expedition great as it was, was
made on a few people, & as among those few some have
furnished, & hitherto lost their all : so we conceive that by
doing justice to individuals & making sj^eedy reperation, no


other (liHadvantage would accrue, than making a Calamity
hitherto general only in name, to be (as it ought) general in

May it please this Ilon'''^ Assembly, the evil complained
of is real, & by no means the effect of gloomy or discontented
minds — it is real & severely felt in the demands which the
families of some of the sufferers daily make for the comforts
of life. Not is it partial alone but so general as to add great-
ly to that melancholy & alarming impoverishment of this
town : for the seamen belonging to those two ships & another
of equal size, chiefly belonged to this town & received for
their summer's work or a large part of it the trifling sum
of 48 shillings pr month.

We your Memorialists do therefore most respectfully but
very seriously request that our very distressing circumstances
may be taken into consideration, that the promises so long
given may be fulfilled that reparation may be made so far
as it is possible, & that we may see our Commerce & mari-
time business now languishing under so severe a check, again
flourishing under the patronage of our country. And as in
duty bound &f &*"

Geo Williams, p"" order of the Owners of Ship Black prince

Jon" Peele j"" p'' order of the owners of the Ship Hecttor

in the House of Kepresentatives Sept'" 12'^ 1780

Read & thereupon Ordered — That Coll Dawes Coll Orne

«i: Coll Gerrish, with such as the Hon. Board shall join, be

a Committee to consider the same and report what is proper

to be done thereon

Sent up for Concurrence

John Hancock Spk""

In Council Sept. 12''' 1780

Read & Concurred and Benjamin Austin and John Pitts

Esq'"'' are joined and Ordered — That Said Committee be

and hereby are instructed to take up the Matter at large re-



specting the Losses of other Vessels sustained in Said

Sent down for Concurrence

John Avery D Secy

In the House of Representatives Sepf 12*^^ 1780

Read & Concurred

John Hancock Spk"^

Letter to the Command'^ Officer of the British at Penobscot —
Similar One to Gen'' Wadsworth.

Boston Sept. 12, 1780

It is expected there will be a very remarkable Eclipse of
y^ Sun on y" 27'^ of Oct° next, and that it will be central &
total at or near the british Post at Penobscot where you com-
mand: the centre of y® Moon's Shadow if the longitude &
latitude of that place by y® Maps can be depended on, being
by calculation to pass over Penobscot Bay, As accurate
observations of this Eclipse at a place so situated, may be
greatly beneficial especially in Geography & Astronomy, the
Gen' Assembly of this State have made provision for Suitable
persons to observe it at any place most proper for that pur-
pose, and to which they can have access. The Gentleman
who will be employed is ye Rev'' M'" Sam' Williams Hollisson
Professor of Mathematics & ISTat' PhiP at our University at
Cambridge with such assistants as he shall take with him.
If he sh*' judge your Post or any other place within your com-
mand most suitable for making his observations it is not
doubted that as a Friend of Science you will not only give
him y'' permission for that purpose, but every assistance in
your power to render the observations as perfect as possible.
Though we are politically enemies, yet with regard to Science


it is presumable we shall not dissent from the practice of all
civilized people in promoting it either in conjunction or
seperately as occasions for it shall happen to offer.

Please to favour me with an answer, and with Passes for
the safe going & return of M"" Williams & his associates, and
of the Vessel and Mariners.

I am respectfully S"" yr most ob* hble Serv*

S"" Enclosed is a letter for the Commanding Officer of the
British Garrison at Majabagwaduce relative to y* Eclipse of
y^ Sun in Oct° next w"^*" is open for y"" perusal. It is the
order of the Council, that with delay after sealing it, you
dispatch it by a Flag to the s** Officer and request his answer
to it, w*^"^ you are to send to Boston with as much expedition
as possible

In the House of Representatives Sep. 12 — 1780

Order" That Coll Coffin & Mr Whitney be of the Com-
mittee on the Petition of Jas. Cargill & the Answer thereto,
in the room of Mr Dix & Mr Crane absent

Sent up for Concurrence

John Hancock Spk""
In Council Sep' 12'*' 1780

Read & Concurred

John Avery D Secy.

The Committee of both Houses on the Petition of The

Hon'''® James Bowdoin Esq"" and Others beg Leave to report

the following Resolve

Per Powell P"" Order

State of Massachusetts Bay

Whereas Representation has been made to This Court, by
The Hon'ble James Bowdoin Esq"" and others Lovers of
Learning and !^[ankind That on the 27"" Day of Octo""
next There will happen in the Xieghbourhood of Penobscot
a central and Total Eclipse of The Sun a Phenomenon never


apparant in These States since Their Settlement, and as
Oservation Thereon may he of much Consequence in Science
particularly in Geography and Navigation, and That The
Rev*^ Samuel AVilliams Hollisson Professor of Mathematics
and Natural Philosophy in The University at Cambridge in
This State will be ready to give his aid with such Assist-
ance as may be proper to make the Necessary Observations
at the most convenient Place near Penobscot Therefore
Eesolved That The Board of War be and They hereby are
order** and Directed to fit out the State Gaily with proper
Stores and accomodations for the Conveyance of the Rev**
Samuel Williams Hollisson Professor of the Mathematics &
Natural Philosophy at the University at Cambridge and such
Attendants as he may Think proper to take with him to make
the desired Observations on the Central and total Eclipse of
the Sun Which will happen on the said 27**^ Day of Octo""
at or near Penobscot ; and That the Council be and they are
hereby requested to write proper Letters to the British Com-
mander of the Garrison at Penobscot, That the important
Designs of the said Observations may not be frustrated.
In Council Sep* 12''^ 1780

Read & Sent down John Avery D Secy

In the House of Representatives Sept. 12"" 1780

Read & passed

Sent up for Concurrence

John Hancock Spk''
In Council Sept. 12'*' 1780

Read & Concurred John Avery D Sec3\

Consented to —

J Bowdoin Caleb Strong Sam' Niles

Jer: Powell B. Austin Jn° Pitts

Step" Choate W Spooner D Davis

T Cushing B White J Simpson

N. Cushing T Danielson Tho^ Durfee


Rppori of Committee.

In persuance of the resolve of the General Court of the



Septeml)cr 1780

We the Subscrihers have attended to the Settlement of
Col" John Allen's Accounts exhibited to us being from 1 De-
cember 1779 to the ] June ]7'^0 which we find well X'ouched
and right east; Ballance due to iiim on these Accounts Seven
Thousand Five Hundred Fifty nine pounds Nineteen Shil-
lings & five pence — That the said Allan has received from
the Commissary and Truck House Stores, the Sum of One
Thousand Seven Hundred &- twelve pound Fifteen Shillings
and nine pence, which he has paid the Soldiers in part of
their Wages and is to be deducted from the Pay Rolls when
settled — We also find due to John Curry Esq"" Nine Thou-
sand four Hundred and four pounds for Supplies by him
made to Indians Certified by Col° Allen

John Deming
Stephen Gorham
Boston 12'*" September 1780 Peter Boyer

In Council Septemb 14' 1780

Read & Sent down John Avery D Sec'y

Mfimorial Ehenezer Whittier and John Lanqdon.

To the Honorable Council, and Honorable House of Repre-
sentatives for the State of ^fassachusetts Bay

September 8'*^ 1780 —
The memorial of Ebenezer Whittier and John Langdon of
Pownalborough in the County of l>incoln humbly sheweth
— That Your Memorialists have been served with a C'opy
of a resolve of the Honorable the General Court passed the
Twenty third day of June last, which Act of the whole Court


sets forth That Whereas at an Inferior Court of Common
pleas holden at Pownalborough within and for the County
of Lincoln on the first Tuesday of this present Month
Ebenezer Whittier and John Langdon, boath of Pownal-
borough aforesaid yeomen, recovered Judgement against
James Cargill of ISTewcastle in the same County Gentleman
for the Sum of Thirteen thousand one hundred and twenty
three pounds Eighteen shillings damage and Twenty two
pounds sixteen shillings Costs. Upon the petition of the
said James Cargill it is — Resolved that the Execution of the
said Judgement be stayed untill the third Wednesday of the
next session of this Court and the Sheriffs of each of the
Counties in this State and their respective Deputies and
under Sheriffs are hereby directed and commanded in the
mean time not to Execute or serve any Executions of the
Judgement aforesaid, either on the person or any part of the
Estate of the said James Cargill, and the said Ebenezer
Whittier and John Langdon are by the said James Cargill
to be sei*ved with a Copy hereof to shew cause if any they
have wherefore the said Judgement should be Executed —
Your Memorialists being Cited to appear and shew cause
wherefore said Judgement should be executed; do now at
great cost and expence near two hundred miles from their
place of abode attend on the Honorable Court and beg
leave to lay before your honors the following Stale of Facts.
That on the Twentyeth day of September 1776. Your
Memorialists bought of the said James Cargill a certain
Sloop called the Nancy of the burthen of Eighty Tons or
thereabouts, and that the said James covenanted with your
Memorialists that he had good right to sell the same and that
he would forever bear your Memorialists and their assigns
harmless. In October 1776 your Memorialists sold the said
Sloop and covenanted as above with Obe Hubbs of Woolwich.


In September 1777 the suid Ilubbs sold the said Sloop with
Warranty to Samuel Baylej &; Timothy Topan Ford of Xew-
buryport. On the 0'*" day of January 1777, The Honorable
the General Court Resolved that Stephen Hall and Peleg
Crooker, former owner of said Sloop Nancy have leave to file
their Claim to said Sloop her Cargo and appurtenances at
the next Superior Court of Judicature &c, as is more fully
set forth in said Resolve — On the S** Tuesday of June 177S,
the aforesaid Stephen Hall & Peleg Crooker recovered Judge-
ment at a Superior Court of Judicature &c held at Ipswich in
the County of Essex, for restitution of said Sloop Xancy.
And on the 18"' day of July 1778 the said Sloop was taken
by execution at Xorthyarmouth in the County of Cumberland
then being the property of the aforesaid Bayley & Ford. On
the S^ Tuesday of June 1779 the said Bayley & Ford re-
covered Judgement at a Superior Court of Judicature &c
begun & held at Ipswich within & for the County of Essex
against the said Obe Ilubbs, for the said Sloop Nancy and
Damages: which Judgement your Memorialists (to prevent
further Costs) did fully pay and satisfy as well as Obe
Hubbs's demands for Damages. — From the foregoing State
of facts your Memorialists humbly conceive your honors will
be convinced they had a Just Demand upon, and good right
of action against James Cargill. In June 1779, your
Memorialists commenced an action against the said James
Cargill in a plea of Covenant broken, and summonsed the said
James to appear at the Inferior Court of Common Pleas to be
holden at Pownalborough in the County of Lincoln in Sep-
tember 1779 which action was continued to Juno last, when
it was left to a Rule of Court, Three Gentlemen of the first
characters for knowledge & integrety in the County of Lin-
coln Viz General Charles Cushing Esq"" Jonathan Bowman
Esq"" and Nathaniel Thwing Esq"" which persons were all


nominated by the said James and consented to by your
Memorialists. They had a very fair & full hearing, the
account of Damages sustained was carefully examined by
them, and the said James Cargill declared himself perfectly
satisfied with the report of said Referees upon which said
Judgement was founded. And the said James further de-
clares he did not petition your honors for relief with the
intent of depriving your Memorialists of their just de-
mands which is the sum awarded them as aforesaid —
That your Memorialists can't but think themselves greatly
distressed and agrieved by being forced to appear near two
hundred miles from their place of abode to shew cause where-
fore a Judgement of a Court of Law & Justice should be
executed, a Judgement for a Just Debt, and a Judgement,
the Debtor himself acknowledges to be just. ^ Your ]\remo-
rialists humbly conceive they have Shewen cause where fore
Judgement should have been Executed, and are impressed
with the deepest concern that your Honors Order aforesaid,
should be made to opperate to their immediate and very great
damage as may more fully appear by the following State of
Facts. — That your Memorialists had taken out Execution
against the said James and served the same on his personal
property, and had sold the same and leveyed the sum of three
thousand three hundred and twenty eight pounds in part
towards satisfying the Execution. And had proceeded to
serve the same on the real Estate of the said James, and that
three appraisers were chosen for that purpose one by your
Memorialists and two by the Officer (the said James being
absent) and that the whole of the said James's Estate was
appraised, it being an undivided Estate in common, and one
fifth part of said Estate was set oif or apportioned to satisfy
the said Judgement and all costs and charges — And on the
day the OflScer was about to put your Memorialists in to


Possession or give Seizen of the same, James Cargill pro-
duced your honors order aforesaid ; which has set aside the
whole of the Officers proceedings respecting the service of
the said Execution, whereby your Memorialists have lost
their costs of selling and appraising the s** Estate, also one
fifth part of the Grass produced by the premises, and their
security made on said Estate, and one exposed to an action of
Damage from the said James for selling his Personal Estate
— Your Memorialists therefore humbly pray your honors
would make valid all the Officers doings respecting the service
of the said Execution on the said James's Real & Personal
Estate, your honors order to the contrary notwithstanding,
and that your Memorialists may be paid them out of y* pub-
lick Treasury all the Damage they have sustained by your
Honors Order aforesaid for their Time, and the Expences
they have been at in attending on the Honorable Court, and in
procuring Evidence to support this memorial — And that
all sales, conveyances, attachments, or incumbrances (if any)
made of or upon the said Estate since the first Tuesday of
June last may be declared Void — or that your Memorialists
may have such other relief as your Honors in your Great
Wisdom may think fitt.

And as in duty bound Your Memorialists will ever pray

Eben' Whittier
John Langdon

Resolve on the Petition of the Administrators of the Estate

of Jeremiah Moulton.

To the Hon*"'^ the Council and House of Representatives of
the State of Massachusetts Bay in general Assembly con-
vened Humbly Shew —

The Administrators of the Estate of Jeremiah ^foulton
late of York iu the County of York Esq"^ deceased, with the


Will annexed, and the Administrators of the Estate of Brig- "
adier Jotham Moulton dec*^ Intestat

That Jeremiah Moulton aforesaid in 1765 made and
executed his last Will and Testament in which he devised
•)4 of his Real Estate equally among his four Sons, and par-
ticularly appropriated his personal Estate, excepting out-
standing debts; and by a Codicil made in 1770 Ordered his
out lands and mills to be disposed of for the paiment of his
debts in case his outstanding debts should be insufficient,
and appointed his Wife Abigail & Son Jotham Executors.

That soon after Executing his said Codicil He fell into a
gloomy State of mind and remained unfit for Transacting
Business or making any alteration in his Will, until his
Death which was in July 1777

That during his continuance in the gloomy State of mind
aforesaid his Wife Abigail and Three of his Sons legatees in
the same Will named, died, and two of them Viz* Thomas
and Jotham left children, so that only his youngest Son and
his Three Daughters Survived him

That between the Time of making the Will and Codicil
the Testator erected a House Frame on part of his land, a
little distance from his homestead finished several Rooms in
it and placed his Son Jotham therein. That said Jotham
went on to finish, and as his Family increased made addi-
tions thereunto; built a convenient Barn dug a Well &'' «Si*^
insomuch that at the Time of the Testators death this piece
of land was materially inhanced in Value by the expendi-
tures thereon by the said Jotham.

That the said Jeremiah being unable to do Business for
the last seven years of his Life, and a long sickness that
attended his Wife before her death. Occasions equitable de-
mands on the Testators Estate to a much larger amount than


the Testators outstanding debts, so that some part of the
Testators Real Estate will bo needed to discharge them.

That the death of the Testators two eldest Sons (who left
Issue) before the Testator makes such an alteration in the
descent of about % of his Real Estate, as tis, more than
probable he would have prevented by making a new Will had
it been in his power.

That the Petitioners are desirous that the Children of said
Jotham (who are six in number & all under 14) may reap
the benefit of the said Jotham's Expenditures on the House
and Land before mentioned, by having the same Lands k
Buildings assigned to them toward their share of the Testa-
tors Estate deducting the Value or amount of such expendi-
tures as were made by the Testator as near as may be: and
that the Children of Thomas & Jotham respectively may
have as much of their Grandfather's Estate assigned them
as their Respective Fathers Thomas and Jotham would have
had by the said Will, in case they had survived the Testator
except so much as their said Fathers had received taken or
appropriated to their own use out of the Testators Estate
after he made his Will in 1765. And that the devise to
Jeremiah who died without Issue and unmarried in the
Testators life Time may be equally divided among the sur-
viving Children of the Testator and the legal representatives
of such of them as are dead.

Wherefore they pray that the Administration of the said
Jeremiah Moulton's Estate (who are his Surviving Son and
two Sons in law) or any two of them may have the same
power to dispose of the Testator Real Estate for the paiment
of debts that the Testator in the same Will gave to his Exe-
cutors. And also that in consideration of the particular
circumstances before related, That a power may be Vested
in the Court of Probate for the Countv of York, or such


other Court in the same County as your Honour shall judge
mete, to remedy the Inconveniences aforesaid and decree
therein agreable to Equity.
These Certify That on the 25th ^
day of June 1777 Administra-
tion of the Estate of Brigadier
.Totham Moulton late of York in
the County of York Esq"" de-
ceased Intestate was granted to
Joanna Moulton & Nicholas
Sewall And on the 31'* day of July 1777 Administration of
the Estate of Jeremiah Moulton late of York in said County
Esq"" die** Testate with his Will annexed was Granted to Joel
Moulton, Job Lyman and Sam' Sewall.

David Sewall Keg""

Job Lyman

Sam' Sewall

Sam' Xason for his wife

the within Joanna

Nicholas Sewall

Joel Moulton


Order of Council Directing Board of War.

State of Mass"^ Bay

Council Chamber Sep^ 8' 1780

Ordered — That Board of War be and they hereby are

directed to deliver James Avery Agent to Col° Allen Super-

intendant to the Eastern Indians One Barrel of Pitch and

One Barrel of Tar for the purpose of fitting the Armed

Schooner Nashquowoit for Sea — And Charge the Same to

the Acc^ of the United States

Attest John Avery D Secy

Resolve in Favor of James Cargill.

State of Massachusetts Bay.

In the House of Representatives Sepf 1780
The Committee on the Petition of Sundry persons in favor
of James Cargill, have attended the Service fully heard the
Partys, & beg leave to Report the follow^ Resolves —


Kesolvod that there be paid out of the Treasury of this
State to James Cargill, the sum of three hundred pounds of
the A^ew (Continental Currency or State Securities to that
Amount, as a Consideration for the loss he has sustained, in
consequence of a Judgment recovered against him by John
Langdon & Ebenezcr Whittier in the inferiour Court at
Pownal borough in June last, the particulars of which arc set
forth in said petition — and it is farther Resolved that the
Execution levied on the Estate of James Cargill by David
Murray Dep^ Sherriff in fav"" of John Langdon & Ebenezcr
Whitten, be valid, the Resolve of the General Court in June
last to the Contrary Notwithstanding —

Also Resolved that there be paid out of the Treasury of
this State to John Langdon the Sum of Twenty two pounds
lYew Con' Currency, or State Securities to that Amount to
pay his Expences &'^ in coming to Boston to make answer to
the Petition, agreablc to the resolve of y® General Court in
June last —

The Committee of both Houses to whom was committed
the petition in favor of James Cargill have attended the
service heard the parties &'', and beg leave to report the
Following resolves, which is Humbly Submitted

Joseph Simpson pr Order

Resolved, that there be paid out of tlie Treasury of this
State to James Cargill the Sume of

to enable him to pay the sums for which Judgment was re-
covered against liini by John Langdon & Ebenezer Whittier
in the Inferiour (^ourt at Pownelb" in June last and to re-
deem his Estate taken by Execution in Consequence thereolf

and it is further Resolved that the Execution Leavicd on
the Estate of James Cargill by David Murray Deputy
Sheriff in favour of John Langdon and Ebenezer Whittier
be Valid, the Resolve of the General Court in June last to


the Contrary Notwithstanding and that there be paid out of

the Treasury of this State to John Langdon the Sume of

to pay his expences &c in coming

Online LibraryMaine Historical SocietyDocumentary history of the state of Maine .. (Volume 18) → online text (page 28 of 34)