Henry S. (Henry Sweetser) Burrage.

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Historical Memorials

"Out of monuments, names, words, proverbs, traditions, private
records and evidences, fragments of stories, passages of books and the
like, we doe save and recover somewhat from the deluge of Time."
Lord Bacon, Advancement of Learning.

Printed for thk State
192 2

LIB^Anr OF ..' .• • ^i' \



Four Papers by Henry S. Burrage, D. D., LL. D., State


I. A Fugitive Slave Case in Maine. . 1

II. James Russell Lowell's Two Visits to

Portland in 1857, . . .29

III. James Phinney Baxter, . , .67

IV. Franklin Simmons, Sculptor, . . 109

Two Papers at the Centennial of the Maine Historical
Society, April 11, 1922:


I. The Maine Historical Society in Bruns-
wick, by Kenneth C. M. Sills, LL- D.,
President of Bowdoin College. . . 149

II. The Maine Historical Society at Port-
land, by Hon. Augustus F. Moulton, of
Portland, . . . . .175


To Face Page
Robert P. Dunlap, ..... 2

Edward Kent, . . . . .14

John Fairfield, ..... 22

Mrs. James Russell Lowell, . . , .50

Mrs. Lowell's Memorial in Kensal Green Cemetery,

London, . . . . . .62

Memorial of John Lothrop Motley and Mrs. Motley

in Kensal Green Cemetery, London, . . 64

James Phinney Baxter, . . . .67

Franklin Simmons, ..... 109


The preparation of the first of the papers in this volume
had its suggestion in a remark made to the writer July 6,
1905, when the Maine Historical Society and its many
guests were on their way down the St. George's River
from Thomaston to St. George's harbor in the revenue
cutter Woodbury to celebrate the three hundredth anniver-
sary of George Waymouth's memorable visit to the coast
of Maine in 1605. The gentleman who made the remark
called my attention to a house on the Gushing side of the
river as once the home of Edward Kelleran, who, as mate
of a Maine schooner at the time of the anti-slavery agita-
tion preceding the Civil War, was wanted in Georgia as "a
fugitive from justice" in a runaway slave case. What was
said concerning the affair awakened a desire for fuller
information. Inquiries in the office of the secretary of
state at Augusta revealed the fact that no records of the
case were on file there. The state librarian, Mr. Carver,
was without any information concerning it, but, having
kindly offered to make a search in my behalf, he was at
length able to inform me that he had found an allusion to
the matter in a message of one of the governors of Maine
in the period mentioned. Following this clue I was soon
able to find other allusions having reference to it, and at
length obtained the fuller information I desired. From
material thus gathered I prepared and read the paper as


now printed, except a few pages at the close added later
as the facts came into my possession. The tardy appear-
ance of the paper was occasioned by an arrangement of the
Maine Historical Society about that time, by which the
publication of the society's "Collections" was suspended
in order to hasten the publication of the important Baxter
Manuscripts, which had come into the possession of the
society. In the preparation of the paper I received cordial
assistance from Hon. William Cobb, governor of Maine,
and Professor J. Franklin Jameson of the Carnegie Institu-
tion in Washington. To Hon. George A. Emery of Saco
I was indebted for the interesting note on pages 21 and 22
with reference to Governor Fairfield.

In seeking sources of information with reference to Mrs.
James Russell Lowell, I received much assistance from
Miss Evelyn ly. Gilmore, the librarian of the Maine His-
torical Society, and her assistant. Miss Ethel P. Hall. Mr.
G. W. Wilder, librarian of Bowdoin College, also was
helpful, as was Professor George H. Whittemore of Cam-
bridge, Mass. From Mr. James Russell Lowell Dunlap
of Portland, Oregon, a nephew of Mrs. Lowell, came the
information I needed with reference to the Dunlap family.
Other sources of information are indicated in the paper.
To the Houghton Mifflin Company, Boston, Mass., I am
indebted not only for material found in Scudder's Biogra-
phy of James Russell Lowell, but for a copy of the fine like-
ness of Mrs. Lowell herewith reproduced.

The third paper was prepared by request of the Maine
Historical Society at its annual meeting in June, 1921. A


notice of this appointment came to me soon after in Eng-
land, but the writing of the paper was deferred until the
winter following my return. The service to which I was
called in this way was a welcome one. I had had large
opportunities of knowing Mr. Baxter personally. We
became members of the Maine Historical Society on the
same day in 1878, and we were not only intimately asso-
ciated in the work of the society in that early period, but
in other relations, social and civic. When I first knew
him, however, he had not only already brought his busi-
ness activities to a close, but was ready, in the full vigor of
life, for new activities having reference to the history and
advancing honor of his native state, and to the improve-
ment and adornment of the beautiful city in which he
lived. With what high hopes and purposes he wrought,
abundant in labors continued into a ripe old age, I have
aimed to indicate in my narration. My thanks are due to
Hon. Percival P. Baxter, governor of Maine, for the use
of the fine photograph of his father from which the print,
facing the opening page of this paper, was prepared.

My interest in Mr. Franklin Simmons was awakened on
seeing his marble statue of Roger Williams shortly after it
was placed in the National Statuary Hall in the capitol at
Washington. A little later I had the pleasure of meeting
the sculptor in Portland, and of securing from him for
Colby College, Waterville, a gift of the original model of
his Roger Williams. This led to correspondence and to
added interest in Mr. Simmons' work, especially in con-
nection with his statue of Longfellow in Portland. After


the sculptor's death, I was interested with Judge Symonds
in Mr. Simmons' bequest to the city of Portland. During
the past winter, while I was at work on the Baxter memo-
rial, I had my first view of the collection of statuary in the
Portland Society of Art, known as the "Franklin Simmons
Memorial." This led to a purpose having reference to the
preparation of a paper on Mr. Simmons for the Maine
Historical Society. In it, as in the preceding paper, I
received helpful assistance from the Maine Historical Soci-
ety's librarian and her assistant. The Lewiston Journal
placed in my hands a large collection of clippings from its
columns relating to Mr. Simmons. Added assistance was
received from the librarian of the Patten Free Library of
Bath, the Lewiston Public Library, the Portland Public
Library and the State Library. From Mr. Stuart Symonds
of Portland I have had the valuable assistance of his
father's correspondence with Mr. Simmons, continued
through many years and chronologically arranged. In
all matters relating to Mr. Simmons' gift to the city of
Portland, and its transfer to the Portland Society of Art, I
am indebted to Hon. Carroll S. Chaplin, mayor of Port-
land, but the city solicitor at the time of Mr. Simmons'
death. Because of Mr. Simmons' bequest to Portland, Mr.
Chaplin was made one of the executors of the sculptor's
will. Italy's connection with the World War interfered
with the settlement of the estate. On account of the death
of Hon. Augustine Simmons, the associate executor, the
management of the estate devolved largely upon Mr.
Chaplin. Notes carefully prepared by him relating to this

valuable service in the city's behalf, both at Rome (which
was visited by Mr. Chaplin) and after the arrival of the
Simmons statuary in Portland, were kindly placed in my
hands and were used in the preparation of my paper.
Also to Mr. Chaplin I am indebted for the use of a photo-
graph of Mr. Simmons from which the excellent likeness
of the sculptor was secured for these pages.

To the Marks Printing House, Portland, I am also
greatly indebted for excellent workmanship in all the
various details connected with such a publication.

Kennebunkport, Maine, July 20, 1922.




Read before the Maine Historical Society, Nov. 23, 1905.

Early in May, 1837, the schooner Susan, Daniel
Philbrook, of Camden, Maine, master, and Edward
Kelleran, of Gushing, Maine, mate, was in the har-
bor of Savannah, Georgia. During her stay at
Savannah some repairs were made on the schooner.
Atticus, one of the laborers engaged in this service,
was a slave, twenty-two years of age. Evidently he
had learned that there were no slaves in the North,
and in the hope of improving his condition he con-
cealed himself in the hold of the vessel before the
Susan sailed, without disclosing his purpose to any
of the officers and crew, so far as is known. On
her return voyage to Maine, the vessel sailed from
Savannah on or about May 4th. Not until several
days afterward, when the vessel was far on her way
northward, was the presence of Atticus made known
or discovered.

The owners of the slave were James and Henry
Sagurs, of Ghatham Gounty, Georgia; and when
the slave was missed, conjecturing that he had made
his escape on the Susan, they hired a pilot boat and
gave chase, hoping to overtake the schooner while


still at sea, but the hope was not fulfilled It is
thought that the Susan arrived at Thomaston, Maine
on the 9th or loth of May. Those who were in pur-
suit came into the harbor at Rockland, then East
Thomaston, a day or two later. After some diffi-
culty and delay, Mr. James Sagurs obtained from
ti. C. Lowell, Esq., a warrant for the arrest of
Atticus as a fugitive slave. The officer in whose
hands the warrant was placed failed to find Atticus
probably not exerting himself to any great extent
in the search, influenced by the state of feeling with
reference to African slavery, then existing in the
North. Mr. Sagurs offered a reward of twenty
dollars for the apprehension of his slave and his
delivery to his masters. For this sum two men
under the pretense of befriending Atticus it is said'
induced him to take refuge in Swan's barn (a barn
on the General Knox estate in Thomaston). There
Mr. Sagurs, on the information he had received
obtained possession of his slave. In his removal
the people of Thomaston placed no obstacle in the
way of the master; but at East Thomaston, where
the embarkation took place, there were strong dem-
onstrations of indignation. Atticus, however was
safely placed on board of the pilot boat in which
Mr. Sagurs had made his way to Maine, and the
slave was taken back to Savannah.

But the story does not end with the return of
the fugitive. June i6, 1837, James Sagurs went

Robert P. Dunlap.

before a magistrate of Chatham County and brought
against Philbrook and Kelleran (the master and
mate of the vessel on which Atticus had made his
escape) a charge that on or about the 4th day of
May, 1837, they did "feloniously inveigle, steal, take
and carry away, without the limits of the state of
Georgia, a negro man slave named Atticus" ; and
Mr. Sagurs asked that a warrant should be issued
against the said master and mate, in order that they
might be dealt with according to the law in such
cases provided. The magistrate responded favor-
ably, and on the same date he issued his warrant
for the arrest of Philbrook and Kelleran. On the
same day, also, the magistrate was informed by the
officer in whose hands the warrant was placed that
Philbrook and Kelleran could not be found.

On the 2ist of June, Hon. William Schley, gov-
ernor of Georgia, addressed a letter to Governor
Dunlap, of Maine, alleging that Philbrook and
Kelleran were "fugitives from justice," and, inclos-
ing a copy of an affidavit made by James Sagurs
June 1 6th, before the magistrate mentioned above,
added that in accordance with the provisions of an
act of Congress, passed February 12, 1793, "respect-
ing fugitives from justice," etc., he had appointed
an agent on the part of the state of Georgia to
receive and convey the fugitives to the county of
Chatham in that state, "to be tried for the offense
with which they stand charged." The letter closed


with these words: "Your Excellency will, there-
fore, be pleased to consider this my demand, under
said statute, for the said Daniel Philbrook and
Edward Kelleran, and to order their arrest, if to be
found in the state over which you preside, and cause
them to be delivered to Mordecai Sheftall, Jun., the
authorized agent of this state for the above purpose."
Governor Dunlap, August i6, 1837, acknowl-
edged the receipt of this communication, but de-
clined to accede to the demand made upon him by
the governor of Georgia. One of the causes of the
proposed arrest, he said, was that Philbrook and
Kelleran were guilty of a felony under the laws of
Georgia. The charge, the governor continued, is
indefinite. "In what acts the supposed felony con-
sisted, whether they were acts aimed at the subver-
sion of the government, or affecting the life, liberty
or property of individual citizens, and when, where,
or by what instrumentality committed, is not inti-
mated." Moreover, the allegation was not sworn to
as true. It was merely claimed in the afifidavit that
Mr. Sagurs had been so informed and believed the
information to be true.

But it was also alleged that the said Philbrook
and Kelleran, as the deponent believed, did feloni-
ously inveigle, steal, take and carry away, without
the limits of the state of Georgia, a negro slave.
Governor Dunlap admitted that such an act if com-
mitted was an offense against the laws of Georgia,


but he insisted that the allegations of the affidavit
did not in his judgment constitute such a charge
as would justify him in surrendering the sup-
posed fugitives. "By the constitution of the United
States," said Governor Dunlap, "no warrant is to
issue, except on probable cause, supported by oath
or affirmation, and the constitution of this state
furnishes the same protection to its citizens. In
the case under consideration, it is not asserted that
there is probable cause, nor are facts or circum-
stances presented from which probable cause can
be inferred."

The question whether Messrs. Philbrook and
Kelleran could in any way be viewed as "fugitives
from justice" within the meaning of the act of Con-
gress cited by Governor Schley, Governor Dunlap
did not think it necessary to consider. "So far as
I have received any information relative to Phil-
brook and Kelleran," he wrote, "their visit to your
state was in the course of their ordinary business,
as mariners. Their vessel being at the South, they
navigated it homeward by the usual route and in
the usual time. They had stated homes, to which
they openly returned. At those homes they took
up their residence, and conducted their affairs there
without concealment, and in all respects conform-
ably to the usages of innocent and unsuspecting

September 7, 1837, Governor Schley responded


at considerable length to Governor Dunlap's letter.
He objected to the construction placed upon the
affidavit of Mr. Sagurs. The latter did not state
the fact of stealing upon his belief, but insisted that
the persons charged with being fugitives from jus-
tice were the master and mate of the schooner
Susan. The affidavit stated positively that "Daniel
Philbrook and Edward Kelleran did on or about
the 4th. day of May last, feloniously inveigle, steal,
take and carry away, without the limits of Georgia,
a negro man slave named Atticus." The governor
claimed, accordingly, that the fact Governor Dunlap
desired to have, in order to draw his own conclu-
sions relative to the character and criminality of
the offense committed by Daniel Philbrook and
Edward Kelleran, had been distinctly and positively
sworn to in the affidavit.

Governor Schley also questioned the right of the
governor of Maine to decide with reference to the
sufficiency of the affidavit, the nature and extent of
the crime, or the guilt or innocence of the persons
charged. "These," he said, "are the province of a
court and jury of the county of Chatham, in the
state of Georgia" ; and he cited an act of Congress
(second volume of the Laws of the United States,
page 165), "that whenever the executive authority
of any state in the Union, &c., shall demand any
person as a fugitive from justice, of the executive
authority of any such state or territory to which


such person shall have fled, and shall moreover pro-
duce the copy of an indictment found or an afifidavit
made before a magistrate of any state or territory
as aforesaid, charging the person so demanded with
having committed treason, felony, or other crime,
certified as authentic by the governor or chief mag-
istrate of the state or territory from which the per-
son so charged fled, it shall be the duty of the
executive authority of the state or territory to which
such person shall have fled, to cause him or her to
be arrested," etc. The only question which it was
competent for Governor Dunlap to decide, there-
fore, was, has the governor of Georgia transmitted
the copy of an affidavit charging Daniel Philbrook
and Edward Kelleran with "treason, felony or other
crime" ? This, he said. Governor Dunlap had ad-
mitted; but inasmuch as the governor had con-
tended that "felony is a generic term embracing
many descriptions of crime" and claimed that Mr.
Sagurs in his affidavit should have stated "the act
committed," Governor Schley reminded Governor
Dunlap that in the Penal Code of the state of
Georgia all crimes inducing penitentiary punish-
ment come under the definition of the term "felony,"
and that the stealing of a slave subjected the offender
to such punishment, the 20th section of the 6th
division of the Penal Code being as follows : "The
stealing of a slave is simple larceny, and shall be
punished by imprisonment and hard labor in the


penitentiary for any time not less than four years,
nor longer than ten years."

Governor Schley closed his letter with a consid-
eration of the affair from what he called a political
and international point of view. The constitution
of the United States, he said, was the result of a
compromise between states having different, and,
in some respects, antagonistic interests and views.
"Subjects constituting property in one state ceased
to be of that character when removed to other sec-
tions of the confederacy — and acts which consti-
tuted crimes in one state were not considered
criminal in others. Under this state of things, no
union, under a general government, could be formed
until all the states agreed that the laws of each
should be respected, and that persons charged with
offenses against the laws of one state escaping into
another should be delivered to the authorities of
the offended state without inquiring into the justice
or propriety of the laws said to be violated. In
pursuance of this compromise, the following clause,
the governor claimed, was inserted in the constitu-
tion : 'A person charged in any state with treason,
felony, or other crime, who shall flee from justice
and be found in another state, shall, on demand of
the executive authority of the state from which he
fled, be delivered up to be removed to the state hav-
ing jurisdiction of the crime.' . . . Will the state
of Maine, under such circumstances and in viola-


tion of her duty to a sister state, persist in refusing
to obey the constitution and the law of the United
States ?"

At the meeting of the Legislature of Georgia
in December, 1837, the governor of Georgia laid
before that body his correspondence with the gov-
ernor of Maine in reference to this case ; and the
correspondence, with so much of the message of the
governor of Georgia as related to it, was referred
to a joint committee on the state of the Republic.
The report of this committee, which was adopted
by the House of Representatives on the 22nd of
December, and by the Senate on the 25 th of De-
cember, 1837, received the approval of the gover-
nor on the same day on which action in the Senate
was taken. The report declared the reasoning of
Governor Dunlap, in his letter to Governor Schley,
to be "entirely fallacious, and evasive of the true
question at issue" ; adding that if the governor of
Maine was not disposed to comply with the demand
made in Governor Schley's first letter, he should
have complied on the reception of the second letter.
To that second letter no answer had been received.
"Compelled, therefore, from all these circumstances
to believe that the constituted authorities of Maine
do not mean to comply with the laws and constitu-
tion of the country, but in total disregard of both
to treat with contempt the just demands of Georgia,

all that remains for your committee to perform, is,
to suggest the remedy."

This the committee found a difficult task evi-
dently. They could not close the ports of Georgia
against the vessels of Maine, for that would be
unconstitutional. So, also, it would be unconstitu-
tional to declare non-intercourse with the people of
Maine. To seize upon the persons of her citizens
as hostages, or to levy upon their property found in
the state of Georgia by way of reprisal, would also
be unconstitutional. Though strongly disposed to
recommend the passage of a law imposing a quar-
antine upon all vessels coming from Maine into the
waters of the state of Georgia, and "in consequence
of viewing the doctrine of abolition as a moral and
political pestilence, which if not checked will spread
devastation and ruin over the land," the committee
forbearingly refrained, and recommended the adop-
tion of the following resolutions:

"Be it therefore unanimously resolved by the
Senate and House of Representatives of the state
of Georgia in General Assembly met. That the
refusal on the part of the governor of Maine to
deliver up, or cause to be delivered up, upon the
demand of the governor of this state, Daniel Phil-
brook and Edward Kelleran, who stand charged
with the commission of a crime against the laws of
this state, and have fled therefrom, is not only da7i-
gerous to the rights of the people of Georgia, but


clearly and directly in violation of the plain letter
of the constitution of the United States, which is in
the following words, to wit : 'A person charged in
any state with treason, felony, or other crime, who
shall flee from justice, and be found in another state,
shall, on demand of the executive authority of the
state from which he fled, be delivered up, to be
removed to the state having jurisdiction of the

"Be it further unanimously resolved. That the
state of Georgia, and each of the other members of
this confederacy, by the adoption of the Federal
Constitution, became a party thereto, no less for the
better protection of her own than the common rights
and interests of all— 2ind v^hen these ends cease to
be attained, by Wie faithlessness of any to the consti-
tutional engagement, she is no longer bound by any
obligations to the common compact ; and it then
becomes not only her right, but her d7ity, para-
mount to all others, to seek and provide protection
for her own people ijt her own way,

"And be it further unanimously resolved. That
so soon as a bill of indictment shall be found true,
in the Superior Court of Chatham County, against
the said Daniel Philbrook and Edward Kelleran for
the offense aforesaid, the executive of Georgia be
requested to make upon the executive of Maine a
second demand for the persons of the said fugitives,
predicated upon said bill of indictment, and accom-


panied by such evidence as is contemplated by the
act of Congress in such cases made and provided.
"And be it further unanimously resolved, That
should the executive of Maine refuse to comply
with such second demand, the executive of Georgia
be requested to transmit a copy of these resolutions
to the executive of each state in the Union, to be
presented to their several Legislatures; and also a
copy to the president of the United States, and to
our senators and representatives in Congress, to
be laid before that body. And should the Legisla-
ture of Maine, at its session next after the said
resolutions shall have been forwarded to the execu-
tive of that state, neglect to redress the grievance
herein before set forth, it shall be the duty of the

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