Maine Historical Society.

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

. (page 29 of 34)
Online LibraryMaine Historical SocietyDocumentary history of the state of Maine .. (Volume 18) → online text (page 29 of 34)
Font size
QR-code for this ebook


to Boston to make answer to the petition agreable to the Ee-

solve of the General Court in June last

In Council Sep* 13* 1780

Read & sent Down

John Avery D Secy

In the House of Representatives Sept 16 1780

Read & accepted as taken into a new Draught

Sent up for Concurrence

John Hancock Spk""

In Council Sep* 16*^ 1780

Read & Concurred

John Avery D Secy

In the House of Representatives Sept 15 — 1780

Ordered that W Walley Maj' Goodman & Maj Davis of

Oxford be a Committee to confer with such Committee as

the Hon. Board shall appoint, on the subject matter of the

Resolve which passed the House on the Petition of Coll.

Cargill —

Sent up for Concurrence

John Hancock Spk
In Council Sep* 18* 1780

Read & Concurred and Nathan Cushing Samuel Baker &

Thomas Durfee Esq"" are joined.

John Avery D Sec'y



Genl Wadsworth to Pres^ of Council.

Head Quarters, Thomaston 14 Sepf 1780
Sir,

Agreeable to my Instructions I have endeavoured to annoy
the Enemy in this Neighborhood by scouting & cruising upon



OF THE STATE OF MAINE 415

them. To do this more effectually Enterprize was necessary.
To incourage Enterprize I offered one half, three quarters,
or tlie wliole of Prizes taken by Cruizing Parties to the
Captors, according to the difficulty or danger attending.

My Expectations have been well answered, & I have been
tolerably successful. The prizes taken have been sent into
S' Georges River ; & according to Custom where martial Law
is in force I have ordered Courts martial from time to time
to try the justice of the Captures by Parties immediately
under my Command. They have tried & condemned several
Vessels & Boats as Prizes ; & I have ordered them sold for the
Benefit & Encouragement of the Captors, reserving the pro-
portion due to the State. This Conduct I tho't & still think
to be just & right, & I am sure has promoted the good of the
Service & has been beneficial to the State. ^ But to my sur-
prize I am informed one of those Vessels a Schooner, Tender
to the Albany, taken up Penobscott River by a Party under
Command of Cap' John Blunt, is attached & stopped at Bos-
ton ; & another taken by Capt : Richard Jones is attached at
Damascotta. I wish for the Sentiments of Government in
the Case, & that those Vessels may be immediately discharged,
& any Proceedure against them stopped. Especially as no
good can arise from their detention but to captious Individu-
als & Had it not been for the Enterprize of the Captors the
Vessel had still remained in the hand & service of the Enemy :
x\nd Prosecutions of this kind will destroy that Enterprize
necessary to refuse others in like Circumstances in future.

I am Sir, with much Respect,

Your Honor's most obedient & very humble Servant

P. Wadsworth B G
President of Council

The Committee to whom was referred the Consideration
of Gen' Wadsworths Letters, have attended that Service, and



416 DOCUMENTARY HISTORY

Report as their Opinion, that said Letter be referred to the
next sitting of the General Assembly

Jos. Dorr per Order

In Council Oct S^ 1780

Read & not accepted & Ordered that the Committee be & here-
by are directed to set again

Sent down for Concurrence

John Avery D Secy

In the House of Representatives Oct 4. 1780

Read & nonconcurred & the House accepts the Report of

the Committee

Sent up for Concurrence

John Hancock Spkr.

In Council Oct" 4^ 1780
Read & Concurred

John Avery D Secy.



PeUiio7i of Frederic — a French Chaplain.

To the Honorable Council of Boston

Frederic Chaplain of the Vessels of the King of France
and now appointed for a Mission in the Eastern Tribes of
Savages of this State intreats the Honorable Council of
Massachusetts Bay, saying that He came here in order to go
as quick as possible to Machias, and that he had the promise
from the General Heath to be only during a week here, before
that he would go to his Mission. But he has been already
almost a month in expecting every day to set out the next
day, and during such a time the winter approachs and he is
in an entire inaction and inutility to this State and to his
King. He therefore intreats your Justice to give your
orders that he set out directly and he also prays you to give



OF THE STATE OF MAINE 417

one fixed pav to liis Interpret Gideon de Lesderniers from
the IS"" August of tiiis vear 1780, which is day from whifli
they are departed from Rhode's Ishuid. He address his
wishes to the Heaven for the prosperity of this State and
of other United States of America —
Boston 14'" September 1780 P. Frederic

Chaplain of the Vessels of the King of France.

In CWncil Sep' 14' 1780

Read & sent down with an Order of Council respecting

Gideon D^ Lesdernier accompanying the same

John Avery D Secy.
State of Massachusetts Bay

Council Chamber Aug' 24'" 1780
Ordered that Gideon de Lesdernier be and hereby is per-
mitted to attend the Chaplain of the Vessels of his most
Christian Majesty the King of France as an Interpreter upon
his Mission among the different Tribes of Indians in the
P^astcrn part of this State under the Superintendency of
Col° Jn" Allan and that the said Gideon be & he hereby is
directed to apply to the General Court for a Compensation
for his said Services —
True Copy Attest John Avery D Secy

Resolve in favor of Caleb Graff am.

State of Massachusetts Bay

In the House of Representatives Sept 18 1780
On the Petition of Caleb Gratfam of Windham in the
County of Cumberland representing that in the year 1773
he was chosen by the said Town of Windham to collect the
Sums assessed on the hundred acre Lots there agreeably to
an Act of "the General Court intituled '*An Act impowering
the assessors of the town of Windham in the County of Cum-
berland to assess vearlv for the three vears next ensuine; one

27



418 DOCUMENTARY IIISTOKT

penny half penny p"" acre on every of the hundred Acre Lots
in said Town already lotted out & not otherwise taxed, min-
isterial and School Lands in said Town excepted" That he
passed up Copies of the Lists of Assessments committed to
him by the Assessors as in and by said Act were directed in
the Towns of Windham, Falmouth & Marblehead — That he
can procure Evidence of his having posted up such notifica-
tions in the Towns of Windham and Falmouth but on Ac-
count of the death and removal of a great number of Persons
who then lived in Marblehead he finds himself unable to
obtain sufficient Evidence of their being posted up there —

Therefore praying the Court to detei-mine with respect to
the Evidence of such Notifications in Cases at Law wherein
he may be interested.

Resolved that in all Causes or Actions at Law wherein the
said Caleb Graifam shall be interested and wherein the
Proof of ^Notifications as above mentioned being posted up at
the three Towns aforesaid shall be required

The Oath of the said Caleb that the same were posted up in
the town of ]\Iarblehead together with other proof that they
were posted up in the Towns of Falmouth & Windham shall
be accounted sufficient Evidence, & the several Courts of Law
within the State wherein such Cause or Action may be de-
pending are hereby impowered & directed to receive the same
so accordingly

Sent up for Concurrence
In Council Sep' 19 1780

Read & Concurred John Avery D Sec'y

Consented to —

Jere Powell Sam' Baker Jn° Pitts

W Spooner Sam ISTiles X Gushing

B Austin A Fuller 1) Davis

J Fisher Aaron Wood Tho^ Durfee

T Danielson J Simpson Step" Choate



OV 'IIIK STATE OF MAINE 419

Rrsoirr in Rrlnfioii to I'J.slrtlc of Jeremiah MouUon.

State of Massachusetts Bay

House of Representatives September lO"" 1780
Whereas it appears bv the Will of Jeremiah ^loulton late
of York in said County deceased, that his Executors therein
named, who died before the Testator Was Authorized to Sell
lands for the paiment of Debts Therefore Resolved that
the Admin" of the said Estate with the will annexed, or any
two of them, Be and hereby have the same power Granted
them ill that respect as the said Executors would have had
ill case they had survived the Testator and provd the said
Will — The Admin"'^ of the said Jeremiah Moulton deceased
to account with the Judge of Probate for York County for
the proceeds of any Lands, Sold by Virtue of this Resolve —
And in Consideration of the particular Circumstances of the
said Jeremiah after maicing his said Will & the Death of his
sons Thomas and Jothani in his life Time who left Issue. It
is further Resolved that the dudge of Probate for the Countv
of York for the Time being be and herein- is Authorized and
inipowei-'d to assign to the ('hildren of Jotham dec** the par-
ticular lands & Tenements the said Jotham (as tis said)
expended divers Sums of Money upon in the life Time of
the Testator — Valuing the same at no more than what the
said Jeremiah expended thereon and at the Value the same
lands were Worth without any expenditure — Sums laid out
on them to the end the said Jothams children may have the
benetit of the Sums their father laid out on the same lands
And also to assign in the division of the said Jeremiah's
Estate as much in value to the Children of Thomas k Jotham
deces'd (deducting any demands the Testator Jeremiah might
have against them for Sums of Money or other blatters ad-
vanced to them after making the said Will in 1765 — or any
particular profits and advantages the said Thomas & Jotham



420



DOCUMENTARY HISTOEY



Respectively made had or Received out of the Testators
Estate after the making his Will afores'd in 1765 — ) as they
the said Thomas & Jotham would have been Intitled unto by
the said Will had they Survived the Testator — And it is
farther Resolved that the Legacy given to Jeremiah by the
said will who died before the Testator without Issue and
unmarried Be divided equally among the Surviving Children
of the Testator and the legal Representatives of such of them
as are dead — Any Law usage or Custom to the Contrary
notwithstanding — Provided always any Party aggrieved at
the determination of the Judge of Probate in Consequence of
this Resolve have liberty of appealing to the Supreme Pro-
bate, as in other Probate Matters —

Sent up for Concurrence

John Hancock
In Council Sep' 19' 1780

Read & Concurred

John Averv



Spk^



D Secv,



Consented to —
Jer Powell
W Spooner
J Fisher
Aaron Wood
B xlustin



Sam Niles
D Davis
A Fuller
B White
Sam' Baker



J Simpson
Jn° Pitts
E. Brooks
Edw^ Cutts
Step" Choate



Resolve on the Petition of John Starhird.



State of Massachusetts Bay

To The Honorable Council and the Honorable House of
Representatives of said State —

The Petition of John Starhird of Falmouth in the County
of Cumberland & State afores'^ humbly Shews — That on
the tenth of October A, D. 1774 he made an Agreement with



OF TIIK STATE OF ^rAINE 421

Francis Waldo Esq. an Absentee for a Tract of Land in said
Falmontli containing between thirty & forty Acres, which
Agreement was under the hand of said Waldo — witness'd
by Theophilus Jjradbnry Esq"" and is ready to be produced

— Tliat l)efore said Waldo left the State, he could not get the
Land Surveyed according to the Agreement on Account of
the Absence & other engagements of M"" Xoyes who was to
have surveyed it — and therefore has not yet received a Deed
of the Same — Wherefore Vour Petitioner humbly prays
your Honours to take the Premises into consideration —
appoint some Person to See that the said Land is Surveyed
and conveyed to him agreeably to the Tenor of Said Agree-
ment and the Intention of the subscriber thereto — or other-
wise take such measures for his Relief as your Honours in
your great W^isdom shall judge proper — and your Petitioner

— as in Duty bound will ever pray

John Starbird

]S[. B. I paid Samuel Waldo nine Pounds twelve shillings,
which he paid to his Brother Francis above mention'd &
which the said Francis promis'd to Account for with me when
we settled for the said Land — But the promise was not in
writing — & I can only submit it to your honours determina-
tion whether to allow it or not. — I am ready to make Oath

to the Truth of this Declaration —

John Starbird

Memorandum T have agreed to sell John Starbird a tract
of J>and bounded iSTortheasterly by, 30 acres x 30 »S: to be
bounded by y^ Koad leading from Said Johns on y" other
side & on y^ Southeasterly end by Xathll Fickets Land, and
on y* other End by Lands in possession of Jn" Bracket &
David Bailey — supposed to contain between thirty & forty
Acres, it is to be surveyd as soon as may be by Joseph Xoyes,
y^ beaver Pond is to be deducted, & the said John is to pay



422 DOCUMENTARY HISTORY

for what Land there may l)e upon said Survey At the Rate

of forty shillings per Acre; exclusive of said Pond.

Oct^ 10''' 1774

Fra« Waldo
Witness Theo Bradbury.



Resolve on Petition of John Starhird.

State of Massachusetts Bay

In the House of Representatives Sep* 19*'' 1780

On the Petition of John Starhird Representing that on
the 10"" day of Oct'" 1774 he made an agreement with Francis
Waldo (an absentee) for Certain Lands in his Petition men-
tioned ; Praying that Some Person may be appointed to Cause
said Land to be Surveyed and Conveyed to him agreable to
the Ten"" of s*^ agreement —

Resolved that the Prayor of the Petition be Granted and

that Thomas Child Esq'' be & he is hereby Impowered to

procure a Survey of said Land & make & Execute a good

& Lawfull Deed thereof to the said John Starbid his heirs &

assigns at the Rate of Forty Shillings p"" Acre in silver money

with Lawfull Interest for the Same from Ocf 20'*' 1774.

Deducting therefrom nine pounds which appears to this Court

was at that time paid by the said John Starbid to the said

Francis Waldo in part Consideration for said Land and that

the said Thomas Child Esq'" — pay into the Treas'" of said

State the Sum arising by said Sale for the use of said State —

Sent up for Concurrence

John Hancock Spk""

In Council Sep* 19*" 1780

Read & Concurred

John Avery D Secy. .



OF TUK STATE OF AfAINE 423

('Onsented to —

Jer: Powell D. Davis Thos Durfee

W Spooiior A. Fuller Aaron Wood

J Fisher Sam Niles Step" Choate

B White Jn" Pitts Fdwiii Cwits

B. Austin E Brooks

J^ Cushing .1 Simpson



Convpyance of Sloop Nanri/ Bij (■argiU io TAingdon d ah.

To all whome these presents may come

Know ye that \ James Cargill of Xew Castle in the
(-^ounty of Lincoln Esq"" for and in Consideration of the Sum
of Two hundred and fifty Pounds thirteen Shillings and four
pence to me in hand paid By Eben Whittier, and John Lang-
don jun'" Ijoath of Pownall)oro' in y* County aforesaid the
receipt of which 1 hereby acknowledge and therefor do clear-
ly acquit and discharge the said Eben' Whittier and Jno
Langdon jun their assigns forever and by these presents have
granted bargain'd and sold unto the said Eben"" Whittier and
Jn° Langdon jun"" their assigns the whole of y* Hull of y*
Sloop called y^ Nancy of y'' Burthen of Eighty tons or there-
abouts now lying at pinkham's Cove in Boothbay with all
and every part of y* tackle sail Masts Anchors Ropes Cords
and furniture with appurtenances to her belonging to their
own propper use and as their propper goods for even and to
have and to hold y^ same as such — And y* said James Car-
gill doth covenant with y*" said Eben"" Whittier and Jn"
Langdon jun their assigns that he hath now at y*" time of
sealing and delivering hereof full power and good right to
grant Bargain and sell the whole of y*" said sloop Xancy with
all her appurtenances and that ye said Sloop now is and at
all times shall and may remain di: continue to y^ said Eben""



424 DOCUMENTARY HISTORY

Whittier and Jn° Langdon jun their assigns to their propper
Use free and Clear and that they shall for ever be left harm-
less and indemnified from all manner of former and other
gifts grants bargains and incumbrances whatsoever had made
committed done or suffered by him the said James Cargill
or any other person or persons claiming Right or propperty in
the said Sloop Nancy Sign'd Seal'd and delivered this
twentyeth day of September 1776 —
in presence of

William McCobb James Cargill

And"' M-^Farland



Resolve on the Petition of Limerich.

State of the Massachusetts Bay

In the House of Representatives Sep* 20"" 1780

on the Petition of the Inhabitants of a Plantation called
Limerick Setting forth, that they are a New Plantation, and
as yet have made but little improvements and few in number
not exceeding twenty four famelies, att a Distance from Salt
water, and in consequence thereof have no advantage from
Lumber, Notwithstanding in a late tax they are charged
with the sum of eleven hundred and twenty pounds, which
they think themselves unable to pay, therefore pray that their
burthen may be lightened, the Committy having attended the
service beg leave to report by way of Resolve

Resolved that the said inhabitants of the Plantation Lim-
erick be remitted the one half of the Sum of eleven hundred
and twenty pounds, Viz : five hundred and sixty pounds, the
remaining half viz : five hundred and sixty pound, to be paid
into the publick Treasury of this State Shall be held a sufii-
cient discharge of the eleven hundred and twenty pounds.



OF TIIK STATf; OF AfATXE 425

Maj. Elmer lo Commander 1"' Mass. Jlaj' in Favor Daniel

BecJder.

Camp Tliomaston Sep-" 21«' 1780

This may Certify that Daniel Beckler is a Soldier in Col"
Voses Reg' in the (Vmtinental Service, and was enlisted Iiy
me — he always ])id the Duty of A <!,ood Soldier whilest he
was in the Reg' Imt Coming home on A P'urlongh and found
that the town that lu; wcni in ilie Service for, Neglected Said
Beckler's family to that Degree that they Sufi'erd greatly —
Avhicli he Says & I helieve was the whole Reason of his not
joining his Reg' again — I wonld therefore Recommend liiin
to the Commanding officer of the Reg', tliat he may have the
benefit of Proclamation Issued by the Gen' Court of this State
Some time Last Spring Respecting Continental Deserters

J. M. Elmer ^laj"- Comd'
To the Commanding officer of f" Massachu"^ Reg'



Letter of Elhridge Gerry to Congress.

Boston 21^' Sept 1780
Gentlemen

In my Letter to the General Assembly of the 14"" Instant,
I proposed to make to the Committee who should consider it,
some Communications, Respecting the Requisitions of
Congress of y® present Year for ]\Ien & Supplies, & shall
now sul)mit them to your Consideration.

By the Journals of Congress y® 9"" of Feb^' last, it will
appear, that they required of this State 6070 Men as its
quota of 35,211 called for from y^ Several States. When
the Requisition was debated in Congress, they were in-
formed, that by a late Return made to y^ General Assembly,
there were 343,876 white Inhabitants in this State k that
Supposing y*' united States to contain but 2,400,000 such



426 DOCUMENTAKY HISTORY

Inhabitants, the State of Massachusetts should be called on
for 5045 instead of 6070 Men as its quota of the 35,211
required for the present Campaign. It was also represented,
that if the Inhabitants of y^ United States were supposed to
exceed 2,400,000, the quota of Massachusetts would be pro-
portionately less ; & if the whole Xumber was stated as it
was by Congress in y^ Year 1775 at 3,000,000, & Massa-
chusetts was supposed to contain 431,000 Inhabitants, its
quota of y® Requisition aforesaid would be but 5.095. so that
y^ State was evidently called on for 975 ]\ten more than its
proportion (if adjusted by y*" Estimate made by Congress
in y^ Year 1775) & for 1025 Men more than its quota, if
computed on an authentic Return of its Inhabitants, & on y*
most unfavourable Estimate (for y*" State) that could be
made of ye whole ISTumber of White Inhabitants in y^ United
States.— the Apportionment in y^ Requisition mentioned
was however urged, because it corresponded with that of y*
16*'' of September 1776. & then was never supposed to be
equitable, but was former!}' objected to, & only admitted on
ye presumption that the Men would inlist for y® Bounty then
offered by Congress & be no Expence to y® State, indeed
had those Bounties been sufficient to have filled y® Batalions,
the State at that Time in raising more than its proportion
of Men must have incurred an Expence by increasing y^
Rates of Labour, & thus have paid a considerable Tax ;
but as y*" State also found it indispensibly necessary to give
an additional Bounty for raising these Men, it is evident, that
y^ Amount thereof as far as it respects y^ Surplusage of y*
Men so raised, if not reimbursed, will be a heavy & unjust
Expence on y*" State, a Motion was therefore made on y^
4''' of Feby last to strike out ye quota assigned to Massa-
chusetts Viz* 6070 in order to reduce y^ same, & ye ^lotion
was negatived as will appear by ye Journals of that Date.
Seeing then that this ]S[umber would be required of y"" State,



OF TIIK STATK OF ^rAINE 427

an addition was moved to v*' Resolutions of v*" 0*^ of febv
"tliat no previous apportionment of Men required by
"Congress of the several States for common Defence, be
"used as a precedent, or considered as an adjustment of their
respective quotas," but this was declared to be "out of order,"
& a Motion for ye Yeas & Nays on y* Question of Order was
also overrnled in ye Manner mentioned in my Letter to the
Hon" Assembly — Congress on ye 9'" of Feb^ had "Resolved
"That the reasonable Expence any State has incurred or
"mav incur l)v raising »S: havlno- in v^ continental Armv more
"than what shall hereafter appear to have been their just
"proportion of ye Troops actually serving in ye said Army
"from Time to Time, Shall be allowed to such States, &
"equitably adjusted in a final Settlement of their Accounts
"with ye united States." but notwithstanding this, the
States which have been called on for less than their quotas of
Men, may & undoubtedly will hereafter urge, that ye Number
of Batalions required by Congress from Time to Time of y*
Several States, was originally intended & ought to be used
as a Rule for determining their respective proportions of
Troops actually serving in ye Army ; & should this be ye
Case, ]\[assachusetts must pay ye Expence of raising & having
in ye Army Troops for ye Year 1780, in ye proportion of
(1070 to 35,211, which is evidently near 1/5 more than its
quota, — ye Expence of each State in furnishing Troops
previous to ye Depretiation of ye Currency, principally
arose from y*" Increase of ye Rates of Labour & Bounties, as
was before observed ; but in Addition thereto, ye States are
now to make good to their respective officers & soldiers ye
Deficiency of ye continental Pay, & are thus responsible for
nearly ye whole Amount thereof — Under such circum-
stances is it not evident, that y^ State exclusive of Gratuities
& other Encouragements to its quota of Troops, is almost at
ye whole Expence of raising & paying them, & that every



428 DOCUMENTARY HISTORY

Recruit, including bis Bounty will infer an Expence on ye
State of at least 150 Dollars in Specie, which on 1025 Men
required more than its proportion amounts to 153,750 Dol-
lars in Specie ?

I shall only add on this Head, that ye great Extent of
Sea Coast which ye State has to defend ; ye Difficulty it
meets with in raising or otherwise procuring Grain for ye
Subsistence of its Inhabitants; the jSI" umber of Men which
it furnishes for ye ]Sravy of ye united States; & ye present
Invasion of ye Enemy at penobscot, are so many Arguments
for reducing its quota still lower than 5045 Men; k. that ye
State whilst advancing so large a Sum for raising & paying
more than its quota of Troops, is at least entitled to an Assur-
ance that "no former Apportionment of Men required of ye
"Several States shall be considered as an Adjustment of their
"respective quotas, or hereafter be used as a precedent.
\Yhen ye Report for specific Supplies was first debated in
Congress, they referred it to a Committee consisting of a
Member from each State, who having altered & adjusted ye
Quotas, agreed to ascertain ye Specie prices by adding 50
pcent to ye former prices of ye Articles respectively; never-



Online LibraryMaine Historical SocietyDocumentary history of the state of Maine .. (Volume 18) → online text (page 29 of 34)