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F16

M28d

v.



IRSITY OF CALIFORNIA

LOS ANGELES




iitimne (Genealogical Society.



PORTLAND, MAINK.



Accession

No SOLD BY THE

Waine Genealogical Society.



CX-rrvi;



COLLECTIONS



OP THE



Maine Historical society

SECOND SERIES



DOCUMENTARY



HISTORY OF THE STATE OF MAINE



VOL. VIII.



CONTAINING



The Faknham Papers

1698 — 1871

COMPILED
By MISS MARY FRANCES FARNHAM



member of the oregon historical society and of
the American Historical Society



PUBLISHED BY THE MAINE HISTORICAL SOCIETY, AIDED BY
APPROPRIATIONS FROM THE STATE



PORTLAND
THE LEFAVOR- TOWER COMPANY

19 2



: 24 1902

PROPERTY OF THE

■OGICAL SOCIETY,
SATED 1884.



TABLE OF CONTENTS.



F 16

M2dd



XCIV.

xcv.

XCVI.

XCVII.

XCVIII.

XCIX.

c.

CI.

en.

cm.

civ.
ov.

CVI.
CVII.



PAGE.

Ratification of the Grant to Sieur de la Mothe Cadil-
lac, by Louis XIV. of France, May 24-June 3, 1689, 1

Extracts from the Charter of Massachusetts Bay, by

William and Mary of England, October 7-17, 1691, 3

Covenant of Lands with Sir William Phips, by Madok-

awando, Sagamore of Penobscot, May 9-19, 1694, 11

Extracts from Commission Establishing Board of

Trade, by William III. of England, May 15-25, 1696, 15

Report in Favor of a Captain-General for the Colonies,
by the Board of Trade, February 25-March 7,
1696-7, 19

Extracts from Commission to Earl of Bellomont, by

William III. of England, June 18-28, 1697, . . 25

Extracts from the Peace of Ryswick, between William
III. of England and Louis XIV. of France, Septem-
ber 10-20, 1697, 28

Extracts from the Peace of Utrecht, between Queen
Anne of England and Louis XIV. of France, March
31-April 11, 1713, 32

Explanatory Charter of Massachusetts Bay, by George

I. of England, August 26-September 6, 1725, . 36

Commission to Colonel Phillips as Governor of Nova
Scotia, by George I. of England, September 11-22,
1T28, 41

Extracts from Decision on the Northern Boundary,
between Massachusetts and New Hampshire, by
George II. of England, August 5-16, 1740, . . 46

Extracts from the Treaty of Aix-la-Chapelle, between
George II. of England and Louis XV. of France,
and the States General, October 18, X. S., 1748, . 50

Extracts from the Peace of Paris, between George III.
of England and Louis XV. of France, February 10,
1763, 55

Extracts from Proclamation Erecting the Province of

Quebec, by George III. of England, October 7, 1763, 59



48503



4w



VI



CONTENTS.



PAGE.
CVIII. Extracts from the Quebec Act, by The Parliament of

Great Britain, June 18, 1774, 62

CIX. Extracts from the Constitution of the Commonwealth
of Massachusetts, ratified by the People, October

25, 1780, 65

CX. Extracts from the Definitive Treaty of Peace, between

United States and Great Britain, September 3, 1783, 72
— CXI. Act Confirming Treaty ■with the Penobscot Tribe of
Indians, by the General Court of Massachusetts,

October 11, 1786, 80

CXII. Lottery Act for the Sale of Eastern Lands, by the Gen-
eral Court of Massachusetts, November 14, 1786, . 82
CXIII. Grant of Lands at Mt. Desert to Madame de Gregoire,

by the General Court of Massachusetts, June 29, 1787, 89
CXIV. Report on New Hampshire Boundary Line, by the

Committee on Waste Lands, January 6, 1790, . 91

CXV. Deed of Eastern Lands to William Bingham, by the

Commonwealth of Massachusetts, January 28, 1793, 94
— CXVI. Treaty with the Passamaquoddy Tribe of Indians, by
the Commonwealth of Massachusetts, September

29, 1794, 98

CXVII. Extracts from Jay's Treaty, between the United States

and Great Britain, November 19, 1794, . . .102
CXVIII. Explanatory Article to Jay's Treaty, by Commission-
ers of the United States and Great Britain, March

15, 1798, 108

CXIX. Declaration under the Fifth Article of Jay's Treaty,
by the Commissioners of the United States and

Great Britain, October 25, 1798 Ill

CXX. Extracts from the Treaty of Ghent, between the

United States and Great Britain, December 24, 1814, 114
CXXI. Decision with Declaration, under the Fourth Article of
the Treaty of Ghent, by the Commissioners of the
United States and Great Britain, November 24, 1817, 123
■ CXXII. Treaty with the Penobscot Tribe of Indians, by the

Commonwealth of Massachusetts, June 29, 1818, 127
CXXIII. Extracts from the Convention for Rights of Fishing,
between the United States and Great Britain, Octo-
ber 20, 1818, 132

CXXIV. Act Relating to the Separation of Maine from Mas-
sachusetts Proper, by the General Court of
Massachusetts, June 19, 1819, .... 135



CONTENTS.



Vll



PAGE.
CXXV. Proclamation for a Constitutional Convention, by
His Excellency, John Brooks, Governor of the
Commonwealth of Massachusetts, August 24,

1819, . 150

CXXVI. Constitution of the State of Maine, Adopted by the

People, January 5, 1820 153

CXXVII. Act Additional to the Act of Separation, by the
General Court of Massachusetts, February 25,

1820, 196

CXXVIII. Act for Admission of the State of Maine into the
Union, by the Sixteenth Congress of the United

States, March 8, 1820, 199

CXXIX. Arms and Seal of the State of Maine, Adopted by
the First Legislature of the State of Maine, June

9, 1820, 200

-— CXXX. Treaty with the Penobscot Tribe of Indians, by the

State of Maine, August 17, 1820, . . .204

CXXXI. Act for Compensation of Commissioners under the
Act of Separation, by the Third Legislature of
the State of Maine, February 6, 1822, . . 208

CXXXII. Agreement for Adjusting the Personal Concerns
between the Two States, by the Commissioners
under the Act of Separation, May 25, 1822, . 211
CXXXIII. Division of the Public Lands, by Commissioners

under the Act of Separation, December 28, 1822, 215
CXXXI V. Cession of Lands to the State of Maine for Support
of the Indians, by Commissioners under the Act
of Separation, December 28, 1822, . . . 234
CXXXV. Report of Location of the Seat of Government,
by a Committee Appointed by the Legislature,

January [13], 1823, 237

CXXXVI. Further Division of the Public Lands, by Commis-
sioners under the Act of Separation, May 21, 1823, 239
CXXXVII. Further Division of the Public Lands, by Commis-
sioners under the Act of Separation, December

31, 1825, 248

CXXXVIII. Further Division of the Public Lands, by Commis-
sioners under the Act of Separation, December 28,

1826, 254

CXXXIX. Convention for the Settlement of Boundaries, be-
tween the United States and Great Britain, Sep-
tember 29, 1827, 258



Vlll



CONTENTS.



PAGE.

CXL. Further Division of the Public Lands, by Commis-
sioners under the Act of Separation, November

7, 1827, 264

CXLI. Resolve in Relation to Aggressions upon the North-
eastern Frontier, by the Eighth Legislature of
the State of Maine, February 18, 1828, . . 270
CXLII. Extract from Report on the Boundary Line be-
tween Maine and New Hampshire, by Commis-
sioners of the Two States, November 13, 1828, 272
CXLIII. Extracts from Award according to the Convention
of 1827, by William, King of the Netherlands,

January 10, 1831, 279

CXLIV. Act to Modify the Act of Separation, by the
Eleventh Legislature of the State of Maine, Feb-
ruary 19, 1831, 290

CXLV. Act of Separation Modified, by the General Court

of Massachusetts, June 20, 1831, . . . 291

CXLVI. Resolutions against Accepting the Award of Wil-
liam, King of the Netherlands, by the Twelfth
Legislature of the State of Maine, January 19,

1832, 294

CXLVII. Cooperation of Massachusetts Solicited, by the
Twelfth Legislature of the State of Maine, Jan-
uary 24, 1832, 290

CXLVIII. Resolve Respecting Public Lands Held in Common
by Maine and Massachusetts, with report of
Commissioners, by the Twelfth Legislature of
the State of Maine, March 9, 1832, . . .298
CXLXIX. Bond given to the Penobscot Tribe of Indians, by
Commissioners of the State of Maine, June 10,

1833, 303

CL. Act to Establish the Massachusetts School Fund,
by the General Court of Massachusetts, March

31, 1834, 305

CLI. Resolves Relating to the Northeastern Boundary,

by a Committee appointed by the Legislature of

the State of Maine, March 30, 1841, ... 307

CLII. Resolve in Favor of a Conventional Line, by the

Twenty-second Legislature of the State of Maine,

May 26, 1842, 310

CLIII. Extracts from the Treaty of Washington, between

the United States and Great Britain, August 9, 313
1842,



CONTENTS.



IX



PAGE.



CLIV. Extracts from Report of the Joint Commission of
Boundary, by Commissioners under the Treaty
of Washington, June 28, 1847, ....

CLV. Act for the Settlement of Boundaries between the
Provinces of Canada and New Brunswick, by
the Parliament of Great Britain, August 7, 1851,

CLVI. Act for the Sale of Public Lands in Maine, by the
General Court of Massachusetts, May 25, 1853,
CLVII. Resolve for Purchase of the Residue of Public
Lands Belonging to Massachusetts, by the
Thirty-second Legislature of the State of Maine
in Extra Session, September 28, 1853,
CLVIII. Extracts from the Reciprocity Treaty, between the
United States and Great Britain, June 5, 1854,

CLIX. Extracts from Report of a Survey of the Eastern
Boundary of New Hampshire, by the Surveyors
Appointed by the Two States, December 21,

1858,

CLX. Act to Provide Means for Defense of the North-
eastern Frontier, by the Thirty-third Legisla-
ture of the State of Maine, March 24, 1864,

CLXI. Act to Promote Immigration and Facilitate the
Settlement of Public Lands, by the Fiftieth
Legislature of the State of Maine, February 24,

1871,

CLXII. Extracts from the Treaty of Washington, between
the United States and Great Britain, May 8,
1871,



321



328



331



334



336



341



349



354



358



DOCUMENTS RELATING



TO THE



Territorial History of Maine.



XCIV.

RATIFICATION OF THE GRANT TO SIEUR DE LA
MOTHE CADILLAC BY LOUIS XIV. OF FRANCE.

May 24 -i ana
June 3' 1689 «

Sources.

The grant of Mt. Desert to Sieur de la Mothe Cadillac,
lufusti 16 88, was ratified by Louis XIV. of France ^ 2 *,
1689.

The ratification is printed with other documents in "Re-
turn to an Address at the Bar of the Legislative Assembly
of Canada by Christopher Dunkin, advocate, in behalf of
certain proprietors of Seigniories of Lower Canada." The
" Return" is in " Journals of the Legislative Assembly of
the Province of Canada" (1852, 1853), XL, Appendix H.
H. H. H. The text is also in French in " Reponse a Une
Addresse . . . ." (1853), 39. A set of the " Legislative
Documents of the Province of Canada" is in the State Library
of Massachusetts. As no other English text of the ratifica-
tion has been found this reprint is from " Journals of the
Legislative Assembly," which is from the " Register of the
Superior Council," Letter B, fol. 89.

Text.

Dated the 24 th Mav, 1689.
This twenty-fourth day of the month of May, one
thousand six hundred and eighty-nine, the King being at

Vol. II. 2



2 DOCr.MKNTS RELATING to the

Versailles, and wishing to confirm and ratify the grants made
in his His Majesty's name of the lands granted in Canada by
his Governors and Intendants in the said country, His
Majesty hath confirmed and ratified and doth confirm and
ratify the grant made to the Sieur Lamothe Cadillac, on the
twentieth of May of the last year, one thousand six hundred
and eighty-eight, by the Sieur de Denonville, Governor,
and by the Sieur de Champigny, Intendant of the said
country, of the place called Doiiaquet, near Mageis in the
dependancy of Acadia, of two leagues in front of the sea-
side, by two leagues in depth, divided in the middle by the
River Doiiaquet which is not comprised in the grant — to
hold to the said Sieur Lamothe Cadillac, his heirs and
assigns forever as their property (comme de lew propre,)
with right of superior, mean and inferior jurisdiction, as
stated in the said grant, and without its being requisite on
the part of the said Sieur Lamothe Cadillac, his heirs or
assigns, to pay to His Majesty, or to the Kings his succes-
sors, any sum of money or indemnity, His Majesty being
pleased to remit the same, in virtue of the present Letters
Patent, to whatever sum it may amount, although the value
ot the present grant be not herein stated. His Majesty doth
command the Governors and Intendants of the said country
to maintain the said Sieur de Lamothe Cadillac, his heirs
and assigns, in the full, peaceable and perpetual enjoyment
of the land granted by the said grant, and doth also com-
mand the officers of the Sovereign Council of the said
country to see thereto, and to enregister the present Letters
Patent, which His Majesty in testimony of his will, hath
been pleased to sign and have countersigned by me his
Councillor, Secretary of State, and of his Commands and
Finance.

(Signed,) LOUIS.

(Signed,) COLBERT.



TERRITORIAL HISTORY OF MAINE.



xcv.

EXTRACTS FROM THE CHARTER OF MASSACHUSETTS
BAY, BY WILLIAM AND MARY OF ENGLAND.

October 7/17, 1691.

Sources.

The revolution in New England in 1689, which deposed
Sir Edmund Andros, established a provisional government
of brief duration. October 7/17, 1691, William and Mary
issued a new charter, which incorporated, under the " Prov-
ince of Massachusetts Bay," Massachusetts, New Plymouth,
Maine, Pemaquid, and Nova Scotia. The union of Maine
with Massachusetts continued until the erection of the
" District of Maine " into an independent state. With the
consolidation of government the names of Cornwall and
Devonshire disappeared, and Yorkshire shared equal privi-
leges with Suffolk and Middlesex.

The " Province Charter " was brought over by Sir Wil-
liam Phips, who was by royal appointment the first governor
under the new charter. The original document is in the
State House under the custody of the secretary of state for
Massachusetts. It is longer in point of text than any other
charter issued by the British crown, and was so carefully
drawn that it served, with certain modifications, as a model
for the earlier state constitutions.

The charter of William and Mary was first printed by
Daniel Neal, " History of New-England, containing an
Impartial Account of the Civil and Ecclesiastical Affairs of
the Country to the Year of our Lord 1700 " (London,
1720), II., Appendix I., 617-642; also second edition of
the same (London, 1747), II., Appendix II., 258-288. It
was printed both in English and in French, from " Acts
and Laws of Massachusetts Bay" (London, 1724), in
" Memoires des Commissaires du Roi et de ceux de sa
Majeste Britannique, sur les possessions et les Droits respec-
tifs des deux Couronnes en Amerique " (Paris, 1755), II.,
593-641. It is in "The Charters of the British Colonies



4 DOCUMENTS RELATING TO THE

in America" (printed for J. Almar, Loudon, 1775), 1-23;
In " Masere Papers," or " Occasional Essays on Various
Subjects, chiefly Political and Historical" (London, 1809),
93-124; also in Ben: Perley Poore, "The Federal and
State Constitutions, Colonial Charters, and other Organic
Laws of the United States " (Washington, 1877), 942-954;
and, from " Masonian Papers," IV., 145, it is printed by
Albert Stillman Batchellor, editor, "Provincial Papers of
New Hampshire" (Manchester, 1891), XIX., 334-354. A
transcript from a copy in the Chapel of the Rolls, London,
was printed in a " Statement on the Part of the United
States, of the case referred, under the Convention of 1827
. . ." (printed but not published, Washington, 1829), Ap-
pendix XIIL, 109-122. A transcript from the charter was
prefixed to " The Acts and Resolves, public and private, of
the Province of the Massachusetts Bay," printed by Ellis
Ames and Abner Cheney Goodell, compilers, Boston, J8t)9-
92, 7 vols.

The text adopted is the printed form in " Acts and
Resolves," I., 1-20.

Text.

WILLIAM & MARY BY THE GRACE of God King
and Queen of England Scotland France and Ireland De-
fenders of the Faith &c. To all to vvhome these presents
shall come Greeting . . . And Whereas in the Terme of
the holy Trinity in the Thirty Sixth yeare of the Reigne of
Our dearest Vncle King Charles the Second a Judgement was
given in Our Court of Chancery then sitting at Westminster
vpon a Writt of Scire Facias brought and prosecuted in the
said Court against the Governour and Company of the
Massachusetts Bay in New England that the said Letters Pa-
tents of Our said Royall Grandfather King Charles the First
bearing date at Westminster the Fourth day of March in the
Fourth yeare of his Reigne made and granted to the said
Governour and Company of the Massaehusetts Bay in New
England and the Enrollment of the same should be cancelled
vacated and annihilated and should be brought into the said



TERRITORIAL HISTORY OF MAINE.

Court to be cancelled (as in and by the said Judgment
remaining vpon Record in the said Court doth more at large
appeare) And whereas severall persons employed as
Agents in behalfe of Our said Collony of the Massachusetts
Bay in New England have made their humble application
vnto Vs that Wee would be graciously pleased by Our
Royall Charter to Incorporate Our Subjects in Our said
Collony and to grant and to confirme vnto them such powers
priviledges and Franchises as [in] Our Royall Wisdome
should be thought most conduceing to Our Interest and
Service and to the Welfare and happy state of Our Subjects
in New England and Wee being graciously pleased to grat-
ifie Our said Subjects And alsoe to the end Our good Sub-
jects within Our Collony of New Plymouth in New England
aforesaid may be brought vnder such a forme of Govern-
ment as may put them in a better Condicon of defence and
considering aswell the granting vnto them as vnto Our
Subjects in the said Collony of the Massachusetts Bay Our
Royall Charter with reasonable Powers and Priviledges will
much tend not only to the safety but to the flourishing
estate of Our Subjects in the said parts of New England
and alsoe to the advanceing of the ends for which the said
Plantacons were at first encouraged of Our especiall Grace
certaine knowledge and meer Mocon have willed and
ordeyned and Wee doe by these presents for Vs Our Heires
and Successors Will and Ordeyne that the Territories and
Collonyes comonly called or known by the names of the
Collony of the Massachusetts Bay and Collony of New
Plymouth the Province of Main the Territorie called Acca-
dia or Nova Scotia and all that Tract of Land lying betweene
the said Territoritories of Nova Scotia and the said Province
of Main be Erected Vnited and Incorporated And Wee doe
by these presents Vnite Erect and Incorporate the same
into One reall Province by the Name of Our Province of



6 DOCUMENTS RELATING TO THE

the Massachusetts Bay in New England And of Our especial
Grace certaine knowledge and nicer motion Wee have given
and granted and by these presents for Vs Our Heires and
Successors doe give and grant vnto Our good Subjects the
Inhabitants of Our said Province or Territory of the Massa-
chusetts Bay and their Successors all that parte of New
England in America lying and extending from the greate
River conionly called Monomack als Merrimack on the
Northpart and from three Miles Northward of the said
River to the Atlantick or Western Sea or Ocean on the
South part And all the Lands and Hereditaments whatso-
ever lying within the limitts aforesaid and extending as tan-
as the Outermost Points or Promontories of Land called
Cape Cod and Cape Mallabar North and South and in Lati-
tude Breadth and in Length and Longitude of and within
all the Breadth and Compass aforesaid throughout the Main
Land there from the said Atlantick or Western Sea and
Ocean on the East parte towards the South Sea or West-
ward as far as Our Collonyes of Rhode Island Connecticutt
and the Marragansett Countrey all alsoe all that part or
porcon of Main Land beginning at the Entrance of Pescata
way Harbour and soe to pass vpp the same into the River
of Newickewannoek and through the same into the furthest

CD

head thereof and from thence Northwestward till One Hun-
dred and Twenty Miles* aforesaid to crosse over Land to
the One Hundred and Twenty Miles before reckoned vp
into the Land from Piscataway Harbour through Newick-
annock River and alsoe the North halfe of the Isles and
Shoalee together with the Isles of Cappawock and Nantukett

• The descriptive terms of the Maine boundary were probably copied from the
(Jortres charter, with the exception of the following clause, which should be sup-
plied to make the limits clearly understood : "be finished, and from l'iscataqua
Harbour Mouth aforesaid North-Eastward along the Sea Coast to Sagadahoc & up
the River thereof to Kynnybequey River «.t thro the same unto the head thereof &
unto the Land Northwestward untill One hundred & twenty Miles be ended being
accounted from the Mouth of Sagadahoc & from the Period of One hundred &
twenty miles." M. P. F.



TERRITORIAL HISTORY OF MAINE. 7

near Cape Cod aforesaid alsoe [all] Lands and Heredita-
ments lying and being in the Countrey and Territory coffl-
only called Accadia or Nova Scotia And all those Lands
and Hereditaments lying and extending between the said
Country or Territory of Nova Scotia and the said River of
Sagadahock or any part thereof And all Lands Grounds &c
. . . And Wee doe further for Vs Our Heires and Succes-
sors Will Establish and ordeyne that from henceforth for
ever there shall be one Governour One Leivten 1 or Deputy
Goveruour and one Secretary of Our said Province or Ter-
ritory to be from time to time appointed and Commission-
ated by Vs Our Heires and Successors and Eight and
Twenty Assistants or Councillors to be advising and assist-
ing to the Goveruour of Our said Province or Territory for
the time being as by these presents is hereafter directed and
appointed which said Councillors or Assistants are to be
Constituted Elected and Chosen in such forme and manner
as hereafter in these presents is expressed . . . And
further Wee will and by these presents for Vs Our Heires
and Successors doe ordeyne and Grant that there shall and
may be convened held and kept by the Governour for the
time being vpon every last Wednesday in the Moneth of
May every yeare for ever and at all such other times as the
Governour of Our said Province shall think fitt and appoint
a great and Generall Court of Assembly which said Great
and Generall Court of Assembly shall consist of the Gov-
ernour and Councill or Assistants tor the time beino; and of
such Freeholders of Our said Province or Territory as shall
be from time to time elected or deputed by the Major parte
of the Freeholders and other Inhabitants of the respective
Townes or Places who shall be present at such Eleccons Each
of the said Townes and Places being hereby impowered to
Elect and Depute Two Persons and noe more to serve for
and represent them respectively in the said Great and



8 DOCUMENTS RELATING TO THE

General! Court or Assembly To which Great and Generall
Court or Assembly to be held as aforesaid Wee doe hereby
for Vs Our Heires and Successors give and grant full power
and authority from time to time to direct appoint and de-
clare what Number each County Towne and Place shall
Elect and Depute to serve for and represent them respect-
ively in the said Great and Generall Court or Assembly
Provided alwayes that noe Freeholder or other Person shall
have a Vote in the Eleccon of members to serve in any
Greate and Generall Court or Assembly to be held as afore-
said who at the time of such Eleccon shall not have an estate
of Freehold in Land within Our said Province or Territory
to the value of Forty Shillings per Annul at the least or
other estate to the value of Forty pounds Sterl' And that
every Person who shall be soe elected shall before he sitt or
Act in the said Great and Generall Court or Assembly take
the Oaths menconed in an Act of Parliament made in the
first yeare of Our Reigne Entituled an Act for abrogateing
of the Oaths of Allegiance and Supremacy appointing other
Oaths and thereby appointed to be taken instead of the
Oaths of Allegiance and Supremacy and shall make Repeat
and Subscribe the Declaration menconed in the said Act
before the Governour and Leivten* or Deputy Governour or
any two of the Assistants for the time being who shall be
therevnto authorized and Appointed by Our said Governour
and that the Governour for the time being shall have full
power and Authority from time to time as he shall Judge
necessary to adjourne Prorogue and dissolve all Great and
Generall Courts or Assemblyes met and convened as afore-
said And Our Will and Pleasure is and Wee doe hereby for



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