A Brief Sketch of the Kennebec Claim HISTORY OF GARDINER, PITTSTON and WEST GARDINER 1602-1852 by J.W. Hanson - pub. by William Palmer 1852 The History of Gardiner, Pittston, and West Gardiner Chapter II - A Brief Sketch of the Kennebec Claim The history of the early settlement of America is one of the most deeply interesting studies to the attentive observer of human affairs; and the colonization of the northern regions, especially, should receive his careful consideration. While it was known that this continent possessed realms as fair as ever the sun lighted, filled with tropical beauty and abundance, never fading flowers and always ripening fruits, the enterprising voyagers who first landed on our shores, with the few exceptions, seem to have preferred the wild, stormy regions of the north, to the sunny vales and uplands of the south. Led by what is sometimes called an instinct, but what the Christian more correctly calls Providence, they sowed the seeds of civilization in the wintry valleys of New England. That portion which is now Massachusetts, was permanently settled first, in New England, though the shores of Maine were known to English voyagers very early.(There are excavations, and cellars, and the remains of foundations to buildings, in Edgecomb and along the coast east of Wiscasset, which were found by the earliest settlers there, and which were made by unknown hands, perhaps long before the English or French settlment of North America.) Bartholomew Gosnold sailed from Falmouth, England, March 6th, 1602, and proceeding westward, landed somehwere in the 43d degree of north latitude; probably in the neighborhood of Mount Desert. He saw a European shallop with eight savages, on of whom wore English garmets, whence he properly concluded that an English vessel had visited the coast before him. Martin Pring, in 1603 commanded two vessels, the Speedwell and the Discoverer, and visited America for the purpose of obtaining cargoes of sassafras, then considered a powerful medicine. He sailed along the coast, but did not probably see the Kennebec river. In 1605, George Weymouth and his crew, coasted the shores of Maine, and discovered the Penobscot river. They sowed various garden seeds, May 22d, on an island, and this was the first essay at agriculture ever made in Maine. From this date various attempts were made at settling in this portion of the wilderness. In 1606, James I. granted to the Plymouth Council all the land contained between the 34th and 45th degrees of north latitude, which grant included the southern half of Maine, and the Sagadahock colony was commenced, August 11, 1607, on Stage Island; but this place was soon abandoned, and the colony proceeded to Atkin's bay, about ten miles from the mouth of Kennebec river. Here a small colony of forty-five persons wintered, in 1607-08. The place was known in subsequent times as Popham's fort. In the course of the year 1608 the colony became discouraged by a variety of causes, and the enterprise was abandoned. There was not sufficient stamina and preserverance in the colonist to oppose successfully the rigors of our austere clime. Other settlements were made in various places, and grants and patents of difference parts of Maine were conveyed to several prominent persons. The celebrated Capt. Smith, of Pocahontas memory, explored the region, and others attempted a colony in 1614, and another in 1617, and at subsequent periods. In 1620, King James renewed the charter of 1606, with more ample privileges and better defined limits, extending from the 40th to the 48th degree of north latitude; and in 1624, the Plymouth Council made a grant of a portion of the territory which they received from King James to Sir Ferdinando Gorges and John Mason. It was defined as extending from the Merrimack to Sagadahock. The Council evidently meant the Saco, so ill-defined and incorrectly named were localities in those day; but the grantees claimed to the Kennebec, and as both claimants conveyed the same places to different individuals, great disputes resulted. It was not until two years after, in the year 1626, that the New Plymouth settlers began to trade with the natives along the Kennebec. In that year a shallop of corn passed up the river, and returned with 700lbs of beaver skins, and some other furs.(Prince's Annals, p. 156-7.) These voyagers, being desirous of securing for themselves all this profitable trade, applied to the Plymouth Council for a Patent, which they obtained, (Williamson, vol. I. p. 233.) but it was too indefinite to be of very great service. Still, with Indian corn and wampum, (Wampum or wampumpeag was composed of blue and white beads, and was much desired for ornaments, by the Indians in Maine. It was purchased of the Narragansetts and Pequods.) and a few trinkets, valuable furs were obtained for the European market, and thus the adventurous settlers and traders managed to turn very advantageous bargins. In 1628, a trading house was erected near Merry-meeting Bay. January 13, 1629, the Kennebec or Plymouth Patent was granted to new Plymouth. It was from the old Plymouth colony to William Bradford and his associates as follows; -- "And forasmuch as they had no convenient Place either of Trading or Fishing within their own Precincts, whereby after so long Travel and great pains, so hopefull a Plantation might subsist, as also that they might the better be encouraged to proceed in so pious a Work, which might especially tend to the Propagation of Religion, and the great Increase of Trade to his Majesty's Realms, and Advancement of the Public Plantation: "The said Council further granted and assigned unto the said William Bradford, his Heirs, Associates and Assigns, All that Track of Land or part of New England in America, aforesaid, which lyeth within or between and extendeth itself between the utmost limits of Cobbiseconte, alias Comaseconte, which adjoineth to the river of Kennebeck, alias Kennebekike, towards the western ocean, and a place called the Falls at Neguamkike, in America aforesaid, and the space of fifteen English miles on each side of the said river commonly called the Kennebeck river, and all the said river called Kennebeck, that lies within the said limits," (Deed. Statement of Kennebec Calim, etc.) This grant, which was designed to further the settlement of America, contained 1,500,000 acres of land. Many disputes and much litigation grew out of the loose manner in which the limits of this grant were described, but at length the boundaries were submitted to messrs. Walcot, Gridley, Pratt, Worthington and Hawley, very eminent lawyers, and they decided, in 1757, the southern boundary should be the northern line of Woolwich, below Swan Island, and the northern boundary, the southern line of Cornville, which would comprise a strip of land thirty miles wide, and from the Wesserunsicke, to the southernmost bend of the Cabbassa-contee river. This legal decision by the Superior Court of Massachusetts and Maine, put a stop to the extravagant claims of the New Plymouth Company, which defined the sea as its southern bounds. As the southern boundaries of the Kennebec Purchase were "falls of Neguamkike," it became a most important question where these localities were. The earliest charts fix them well. In a plan dated 1752, is a place about four miles below the Cabassa-contee, marked Nahumkee. In another early plan, the same place is called Nehumke. In Col. Heath's survey, made in 1719, and in Jones', dated 1731, the same place is called Nehumkeag, and in North's, made in 1752, it is marked Neguamkike.(Kennebec Claims.) Many depositions were taken on this subject. Joseph Bane, aged 76 years, testified October 19, 1752, that he was with the Indians many years, and that the Cobbiseconte was about twelve miles above Richmond fort, and that about four miles lower was Nehumke. Philip and Obadiah Call, James Collar, and John Harron, declared to the same effect.(Philip Call and Obadiah, his father, were among the very earliest settlers of Dresden. They were famous hunters, and were with the Indians much. Philip was grandfather to Capt. David Call, at Bowman's Point.) In 1634, (Williamson, vol. I. p. 252.) the Lords Say and Brooke, commissioned at Capt. Hoskins to visit Kennebec, but the authorities stationed on the river by the Plymouth Council forbade him to trade with the natives, and John Alden, one of the magistrates sent three men to cut his cables. They parted one, and he threatened them with death if they touched the other. They did so, and he shot one, and immediately received a mortal wound himself. A Kinsman of Hoskins procured the arrest of Alden, and he had his trial. It was declared that Alden had violated the sixth commandment, but that, as Hoskins was the aggressor, it was excusable homicide. This act and trial caused a great deal of excitment in Boston and vicinity. The tribunal settled one principle, that the New Plymouth colonists had an exclusive right to the trade of the Kennebec, and that all intruders were trespassers. The Lords Say and Brooke wrote to the Govenor of New Plymouth, "we could for the death of Hoskins, have despatched a man-of-war and beat down your houses at Kennebeck about your ears." But the matter did not proceed to such extremities. Hubbard calls the captain's name, Hocking. (Williamson, vol, I. p. 266.) Twenty hogsheads of beaver were procured in 1634 at Kenneebec, by the New Plymouth adventurers. It was the Spring of this year, that Govenor Winslow visited Kennebec, and was near being killed, by an Indian, as he stood on the parapet. In the year 1636, there were about 100 souls scattered up and down the Kennebec, but they were so sparse as not to be respresented in the General Court.(Ibid, p. 267) In 1640, the owners of the Kennebec Purchase ceded their grant to all the freement of the Plymouth colony, so that it soon took the name of the "New Plymouth Grant." From the year 1649 to 1666, the lands of both sides of the Kennebec were purchased a second time of the Sagamores who claimed them. But these lands were sold several times over by different chiefs, to different purchases. Even as early as 1648, a chief sold all the land from the mouth of the river to Wesserunsett, to Govenor Bradford. Sept. 10, 1653, Essemenesque testified that Mattahanada sold to Wm. Bradford, "all that tract of land from Cobbiseconte unto the place where I now dwell, called Usserunsent," and that he and all other Indians concerned approved the sale. (Statement of Kennebec claim. Also Lincoln Registry of deeds.) July 8, 1653, Baggadussett declared (Ibid.) that Monquine, alias Mattahannada, the son of old Natawormet, Sagamore, "sold from the lower end of Cobbiseconte, to the upper side of Wesserunskeik. (Ibid.) He received two skins of liquor, and one skin of bread for more than a million acres of land. At this time the settlers and squatters, and trappers, regardless of the Plymouth Patent, and the claims of the Patentees, went wherever they chose, refusing to adhere to the company's rules, and as the Plymouth authorities were so far removed, they pursued their inclinations unmolested. Land could be had almost for the asking, but perhaps they thought a deed from an Indian owner, as good as one from a Plymouth claimant. The settlements and trade on the river declined considerably about the year 1650, and the exports were greatly lessened. May 15, 1654, a warrant was issued, calling upon the inhabitants of the river to assembly on the 23d, at the house of Thomas Ashly, near Merry-meeting Bay. Thomas Prince, the commissioner, was met by sixteen men, who took the oath of allegiance to England and the Plymouth colony. This (Williamson, vol. I. p. 367) embryo State elected Thomas Purchas, of Pejepscot, Assistant, and John Ashley, constable. None of them seem to have lived near Cabbassa. It is interesting to note the civil enactments of this little band. Capital crimes, such as treason, murder, converse or compact with the devil, either by conjuration or witchcraft, arson, sodomy, rape, adultery, to be tried by the General Court. Other crimes to be tried by the Assistant's Court. Theft to be punished by restoring three or fourfold; the drunkard fined five shillings for the first, and ten shillings for the second offence, and to be put in the stocks for the third. Sabbath-breaking, at the discretion of the Assistant. Selling strong liquor to the Indians, to forfeit double the amount sold for the first offence, fourfold for the second, and for the third, to be forever prohibited from trading with them. Fishing and fowling free. Nowhere (Williamson, vol. I. p. 370) else had the fur trade been so industriously and profitable followed. For nearly forty years the rich beaver and other peltries, had been sent by hogsheads and bales to other parts of the world, and yet, in 1661, when the patent was conveyed to Boies, Tyng, Brattle and Winslow, there were not in the 700 square miles, above 300 white people. The colony sold its rights to Antipas Boies, Edward Tyng. Thomas Brattle and John Winslow, for 400 pounds. No systematic attempt to settle was made for many years. The descendants and assignees of these men, associated and formed what was long known as the Kennebeck Company, and the owners of our soil now trace their titles back to that organization. (History of the Kennebec Purchase by R.H. Gardiner,Esq., p. 278, Maine Hist. Coll.) "In 1676, Alexander Brown was killed at his house at Kerdoormeorp, about six miles above Swan Island;" and at the same time all the other whites who had located above Swan Island, for purposes of fishing and hunting, etc. There seem to have been several scattered along the river, possibly some as far up as Cushnoc and Taconnet, (Augusta and Winslow.) The celebrated charter of William and Mary, dated October 7th, 1691, divided Maine into two great sections called Maine and Sagadahock. The former extended from the Piscataqua to the Kennebec, and the other from the Kennebec to the St. Croix. The (Penhallow. Kennebec Claims.)long delay of settlement on the Kennebec, seemed to decline in the year 1716, for we find the proprietors offering to give families 100 acres of land, and to remove them and their effects, and aid them in supporting the Gospel, if they would become settlers. Doctor Noyes of Boston, a prominent man among the Plymouth proprietors, built a stone fort at Cushnoc this year, said to be the best in the East. This fort was surrounded by settlers, and encouraged other towns less exposed, and doubtless the country would have thrived rapidly; but the demon War lighted his torch, and the inhabitants retreated. The Indians burnt it in Lovewell's war, and gradually the fisheries and trading ceased. Williamson tells us that Noyes entered largely into the sturgeon fishery, for the English market. The London epicures pronounced the American sturgeon to be equal to those brought from Norway. The best place in the river was around the mouth of the Cabbassa. Thousands of barrels were transported to Europe. In the year 1719, fort Richmond was built opposite Swan Island, on the weset bank of the river. It was near the water, and not very well built. It was dismantled in 1754. It stood in the present town of Richmond, ten miles below Gardiner. "On a map dated in 1720, there is a house drawn, and a clearance delineated on the west side of Kennebec river, a little above Nahumkeag Island, and marked fishing established."(Hist. Kennebec Purchase, Maine Hist. Col. by R.H. Gardiner, Esq., p. 279) "From depositions preserved int he Company's records, it appears that in 1728 there was only one family remaining at Long Reach, now Bath, and that all the country from Damariscotta mills to the ocean was a wilderness."(Ibid.) Several ships were built near the mouth of the river, in the year 1742, and it is not known that this great branch of business was followed in Maine before. During the same year, the Govenor proposed offering to foreign Protestants lands, such as would induce settlement; for it was ascertained that grants to townships and plantations to single individuals did not procure their settlement. At this time the people from Richmond fort, and north, were taxed 34 pounds. There were ten soldiers stationed there in 1743 and 25 in 1744. Mr. Gardiner says, (Ibid, p. 278) "The meetings of the Company continued regularly from 1749 till they were finally closed, in 1816. Very strong prejudices existed against the Plymouth Company for many years previous to its dissolution. Some of the proprietors were men of fortune who invested their money in the purchase as a good speculation, and without intending to give themselves any trouble about its management; others, being tories at the period of the Revolution, abandoned their country, and never again returned to it. The portions therefore of the lands which those persons had received in severalty were wholly neglected, purchases could not be made, for there was nobody to sell; the best settlers would only go where they could obtain a title to the soil. These lands were therefore taken up by men of no property and little industry, who were generally unwilling to make improvements on soil to which they had no title, and from which they could be ejected at any moment. "A heavy responsibility rests upon whom devolves the duty of fostering the settler in his first efforts to subdue the wilderness; where lands are held in large patents or proprietaries, the individual settler must maily depend upon the Corporation for the establishment of roads, schools, places of worship and those other essentials to the prosperty of a civilized community; property beyond what a man has acquired by his own hands, is altogether a creature of law, and is designed for the general benefit, and the laws of our country as well as of others, allow the owner to be deprived of this property against his consent, upon an equivalent granted, when it becomes necessary for the public convenience. Any man therefore who keeps back from cultivation the soil necessary for the welfare of the community, acts in dereliction of the principles upon which the tenure of property is founded, and has no reason complain, if by betterment laws or other enactments his negligence should be punished by a practical forfeiture of his rights. "Without therefore attempting to justify the individual proprietors, the efforts of the Plymouth Company for a quarter of a century after its formation, were judicious and unremitting, and they spared neither labor nor expense to promote the prosperity of the settlement, and it is owing to their exertions that the county of Kennebec has held so distinguished a place in the State." In March, 1752, a tract five miles square above Cabbassacontee river, was granted to three persons from Massachusetts, provided they would place one hundred settlers on the same within three years, and townships on the same terms were offered to John Stedman, of Rotterdam, Henry Ebronfield, of Frankfort, and Gershom Flagg.(R.H. Gardiner, Esq., Hist. Ken. Pur., Maine Hist. Col. vol. II. p. 280, 281.) These offers were all in vain, on account of the difficulty of obtaining settlers. At the same time it was voited in the Company that any settler petitioning for a lot of land any where in the Patent should have it. It has been observed that several attempts were made to settle parts of our State, and even portions of Kennebec, previous to the grant made to the owners of the Kennebec Purchase. The great distance from the centre of power, and the consequent hardships, and exposure to danger, prevented the accomplishment of that purpose, which the great advantages of hunting, fishing and soil seemed to suggest. The Indians of maine, always in the French interest, and among the most implacable on the continent, operated as a constant check on every enterprise. While the Indians of Plymouth were weak and soon exterminated or subdued, those of Maine were always able to descend in destruction on the whites, and find immediate security in their vast retreats. The Plymouth Grant was of great value for its salmon, sturgeon and furs, and the parent colony used much effort to derive a valuable revenue from the territory, but squatters and trappers who disregarded their claims interfered largely with their profits, and it was because the property was poor, that they sold their claim in 1661. (Hist. Plymouth, p. 118) Their labors were confined to fishing and trading until 1749, when efforts were made to settle the territory, and accordingly a meeting of the old proprietors and others, who by will or purchase had become owners, was held in September, 1749, and after much consultation, Massachusetts passed an act incorporating the proprietors of the Kennebec Purchase from the Plymouth colony, in June, 1753. (Hist. of the Ken. Purchase, R.H. Gardiner, Esq., Maine Hist. Col. vol. II. p. 276.277.) "At the time of this incorporation, their claims were very extensive under the purchase, and extended from Casco Bay to Pemaquid, and from the ocean to Carratunk falls. Four adjoining Companies claimed, however, large portions of this territory, whose claims, after tedious litigation, were finally settled, either by compromise or reference. The controversy with Clark and Lake, was the first settled. They claimed under Indian deeds, and after sundry lawsuits and references, it was decided in 1758, that on the east side of Kennebec river, the north line of the present town of Woolwich should be the south boundary of the Plymouth Patent, and the north line of Clarke and Lake. The second claim was of the Wiscasset Company, also under Indian deeds, and was finally settled by compromise in 1762, the boundary line between them being fixed at half way between the Sheepscot and Kennebec rivers, from Monsweag bay to the upper narrows in Sheepscot river. The third settlement was with the Pejepscut proprietors who had obtained formal recognition of their titles by a charter from William and Mary, and by the Massachusetts Legislature, in 1715, and again in 1726; but a clause was inserted in the Massachusetts confirmations, "saving all other interest that may be found therein." This compromise was arranged after much difficulty in 1758, but was not finally completed till some years later, when in 1766 the Pejepscut Company released to the Plymouth Company the lands between New Meadows and Kennebec river, comprising the present towns of Phippsburg and Bath, and determined the line between them as the south line of the Plymouth Company, to run from the mouth of the Cathance river, W.N.W., and the west line to be fifteen miles from Kennebec river, but is was another half century before the meaning of the expression "fifteen miles from Kennebec river," which was to be the west line of the Plymouth Company, and the east line of the Pejepscut was finally settled. The Courts after a tedious suit determined that it should not be a line parallel to the Kennebec river, but a line every where fifteen miles distance from any part of the river. The Fourth settlement was in 1763, with the Pemaquid proprietors, holding under a grant from the Plymouth colony." In 1752, the Government deposited several hogsheads of bread, and several barrels of pork at fort Richmond to conciliate the Indians. Settlements were now rapidly increasing. Woolwich, Bath, Edgecomb, Dresden, Bowdoinham, Topsham, Wiscasset, Sheepscot and other places were filling up, and the State seemed prospering, though many controversies about land titles were fruitful causes of trouble. Besides, the Indians were constantly complaining of the settlements above fort Richmond. They denied that their fathers had ever designed to convey lands further north than that place. In 1754 some 60 of them visited Richmond, and threatened its destruction. The new encroachments of the settlers, and the instigations of the French, seem to have been the principal causes. Settlers began to move in, about 1751, and the fort (Maine Hist. Col. vol. II. p. 279, R. H. Gardiner, Esq.) at Augusta was built in 1754, and that at Winslow in 1755. "The proprietors(Maine His. Col. vol. II. p. 279.) now attributed their want of success to the dread of the hostile Indians, which deterred settlers from coming within their patent, and to remove this dread they chose a committee to treat with the Indians, and to satisfy them of the peaceable nature of their settlements; and in 1754, in order to give confidence to the lower settlements on the Kennebec, they voted that if the government of Massachusetts would build a fort at Ticonic, (Winslow). that they themselves would build barracks and blockhouses. This proposition was assented to, by the proprietors undertaking to build a house of hewn timber 100 feet by 32, and 11 feet high, at Cushnoc, (Augusta) two blockhouses and two sentry boxes, and also to protect the workmen; to these terms the proprietors agreed, and the house known by the name of the Old Fort then built, is still standing ont he east side of the river, a little below the bridge at Augusta, and fort Halifax at Ticonic, was completed the following year." "Among the new proprietors at the organization of the Company, was Dr. Sylvester Gardiner; he must have inspired great confidence in his judgement and discretion, for he was almost immediately made perpetual moderator of all their meetings, and from that period till the American Revolution, he devised all their plans, and directed all their measures, and expended large sums from his own private fortune to forward the settlements in Kennebec, and to his enlarged views, indefatigable exertions and liberal mind, may be attributed those plans which so rapidly advanced the prosperity of the Patent. As evidence of the vigorous measures adopted, it may be mentioned that in eleven years from the time Dr. Gardiner assumed the management of the Company's concerns, 5000 pounds were assessed on the shares of the Company, which was expended in promoting the prosperity of the Patent. In 1761, they erected the County buildings for the County of Lincoln, at Pownalboro', now Dresden, and the court house then erected, is still standing on the east side of the Kennebec, about two miles above Swan Island. The difficulty of obtaining settlers at this period, when the expectation of realizing sudden wealth by emigration had subsided, where no inducement was offered to emigrants beyond the grant of a fruitful soil requiring patient labor before it would yield its slow returns, can hardly now be realized. Europe did not then contain a large surplus population to be annually provided for, the sword preventing any increasing numbers. The few who were tempted to leave their friends and country to obtain a more comfortable support, were attracted to the milder climates, and more stable governments of the older colonies. The early records of the colony give abundant evidence of the difficulty of obtaining settlers, and show the means adopted by the proprietors for securing them. In the year 1751, a number of Germans having arrived at Boston, the Plymouth Company as an inducement to them to settle in their Patent, offered immediately to give each family one hundred acres of land in what is now called Dresden, to pay their passage from Boston, and to advance them six months provisions, and to build a house of defence against the Indians; the only conditions they imposed upon the settlers, were that each should clear five acres of land, and build a house 20 feet by 18, within three years. These offers were accepted, and the descendants are yet to be distinguished in that neighborhood by their patronymic names."(Hist. Ken. Pur. Maine His. Col. vol. II. p. 279. 280). To Dr. Gardiner undoubtedly the praise should be ascribed of settling the region of ancient Pittston, and for aiding very materially in the general settlement of the Kennebec valley. The particulars of his biography, and sketches of his family and descendants may be found hereafter, as well as an account of the efforts he made to settle Gardinerston. The extract just quoted from the pen of his grandson, conveys a proper idea of his services. February 14, 1753 (R. H. Gardiner, Hist. Kennebec Pur. Maine Hist. Col. vol II. p. 281.) 21,000 acres of land were granted to Ephraim Jones and Eleazar Melvin of Concord, and Joseph Fay of Andover, Massachusetts. This land comprised Gardiner. The Company reserved mill-sites, proper lands for the ministry, and 1000 acres for other purposes. But the conditions of furnishing settlers were not complied with, and the grants were forfeited, though the Proprietors afterwards ceded the reservation of mill-sites, all but those on the falls in West Gardiner, known as Cram's mills. Finding that the trio above-mentioned were not likely to furnish the necessary "hundred families," the proprietors decided in March, that they might have such proportion of the grant as they furnished families. But even under these favorable auspices, no settlements were made. In (Ibid) the same year they granted to Florentius Vassal a township, on condition of his introducing one hundred settlers in five years. This was the sixth township which was offered upon these same conditions within little more than a year, but in no instance were the grantees able to avail themselves of the offers, and the grants became void. The offer of a township was made to James Otis, in 1754, but is was no more successful than the rest. Dr. Sylvester Gardiner (R.H. Gardiner, Esq., Maine Hist. Col. vol. II) who had long been aware of the great facilities of the Kennebec river and its territories, now began to turn his energies to the work of settlement. He brought an uncommon zeal, a ripe judgement, great business talent, and a powerful interest in the growth of the country, to bear on his enterprise, and so confident was he of success, that he was willing to commence at his own expense, what the large Company of Proprietors, had never been able to accomplish. He received a grant of four hundred acres of land, where Dresden village now stands, cleared up land, laid out a farm, erected houses and mills, and employed a sloop to run to the Kennebec int he summer, and to the Sheepscot in the winter. The farm and farmhouse ar enot owned and occupied by one of his great-grand-sons. In December, 1754, "the Company granted to Dr. Gardiner the falls and part of the land forming the present town of Gardiner, not as a gift as they had offered it the previous year to strangers, but as a portion of what he would be entitled to in the future divisions of the Company, and trusting to his determined purpose, these grants were made without the unual restrictions or limitations; and so well did Dr. Gardiner fulfil the expectations of the Company, that he soon afterwards commenced, and in a few years completed at Gardinerston, now Gardiner, two sawmills, a grist-mill, fulling-mill, pot-ash, warf, stores, and many houses, and cleared an extensive farm; he also cleared farms and built houses at the Chops near Merry-meeting Bay, at Lynde's Island, Swan Island, Dresden, Pittston and Winslow, and was at great expense in introducing settlers and furnishing them with supplies. The houses he built were mostly on the same model, two stories in front, and on back, with a roof sloping from the ridge-pole of the front part to the eves of the one story in the rear; the one at Swan Island is still occupied by another of his descendants. His exertions gave great stimulus to the settlements; for many years his grist-mill was the only one in the country, and settlers came thrity miles with their meal bags upon their backs, from the interior, or in canoes by the river, to get their grists ground." He did so well that the terms on which the lands were granted, were yielded as appears by the following: -- "At the meeting of the Proprietors of the Kennebeck Purchase from the late Colony of New Plymouth, held at Boston by adjournment, the Fifth February, 1755; "Whereas this Propriety at their meeting at Boston held by adjournment, the 11: December, 1754, did vote, grant and assign to Silvester Gardiner of Boston, Physician, his heirs and assigns for ever, Two Tracks of Land on Kennebeck River as pr. said Grants reference thereto being had, many more fully appear on Conditions of settling two Families on each Tract within three years from the date of the Grants if not prevented by War, which Grants were made for great Services done this Propriety by said Silvester Gardiner, therefore it is unanimously Voted, That the said Granee, his heirs and assigns shall hold the aforesaid Lands forever, free from the Conditions of settling two Families on each track as mentioned in said Grants. "A True Copy, Exam'd.      Pr. Henry Alline, jun., Prop'rs Clerk." (Hanson's Hist. of Norridgewock and Canaan) As late as 1775, and until a mill was erected at Sebasticook, the settlers of old Norridgewock and Canaan, were obliged to go to "Cobbossee," to mill, with their corn in their canoes. Other grants were soon made to James McCobb, Benjamin Faneuil and others, and among them, Samuel Oldham recieved one hundred acres, if he would burn a kiln of bricks on the spot for his own use. So difficult was it to persuade settlers to go "down east." That the reader may see the form of the first grants, the following extract is presented. After reciting the various titles by which the land had been held, a sketch of which has been given, the deed proceeds: -- deed The lands on the west side of the Kennebec were granted as follows: - The land was laid out in lots one mile wide ont he river, and five miles long, running weset, and each contained 3200 acres. Lot No. 1, commenced at Abagadussett Point, and was granted to Benjamin hallowell, Dec. 10, 1760; Lot No. 2, to Samuel Goodwin, Apr. 8, 1760; No. 3, to Francis Whitmore and rev. Mr. Stone; No. 4, to Wm. Bowdoin; No. 5, to Jeffries and Flagg; No. 6, to Thomas Hancock, in 1760; No. 7, to Charles Apthrop, Jan. 14, 1756; No. 8, to James Pitts, May 5, 1756; No. 9, to James Bowdoin, Dec. 17, 1760; No. 10, to Wm. Bowdoin; No. 11, to Thomas Hancock, Jan. 14, 1756. Lot No. 11 was in the southern part of Gardiner, and was afterwards deeded to Ebenezer Hancock. Dr. Gardiner had four lots int he limits of Gardinerston, containing from twelve to fifteen thousand acres; Lot AB has been mentioned, Lots 23 and 24 were west of it, and he owned a five mile lot north. A new plan was adopted in 1760 which, with ultimate extensions proved successful. Three tiers of lots were laid out; in the first tier each lot was a mile deep and fifty rods wide, and every thrid lot was reserved for the proprietors, and marked P. while the other two were given to actual settlers. The second tier was reserved by the proprietors, and the third bestowed on settlers. This offer of two-thirds of the best land, an five-ninths of thw hole, soon turned the attention of people to this river, and settlements rapidly extended up the Kennebec, especially as the facts were officially published in America and Great Britain. This plan with ome slight modifications was the cause of the rapid growth of the country, and Winthrop and Hallowell were incorporated in 1771. And within a few years other towns grew up, especially on the close of the Revolution, when the hardy and industrious men who bore the AEgis of American Liberty began to flock hither. "(R.H. Gardiner, Esq., Maine Hist. Col. vol II. p. 285)The Company sent agents round at various times, to ascertain what settlers had complied with the conditions, and to tender grants upon receiving a small fee of three dollars and a half. The Company's title to lands east of the Kennebec and towards the lower part of the Patent, being disputed by other proprietors, and the Company not being able to warrant in their corporate capacity, or to sell them without warranty, Dr. Gardiner undertook the responsibility for them, chich proved troublesome to himself, and vexations to his heirs. The Company conveyed to him large tracks of land on each side of Sheepscot river, and he gave two bonds, each in the penal sum of 20,000 pounds sterling, to sell and account to them for the proceeds. The Revolutionary War interrupted the business, and he had no opportunity after its close to complete it before his decease. The Company commenced suits ont he bonds against his executors, which after being in Court some years, were submitted to referees, who, after deliberating seven years, decided that so far from any thing being due from Dr. Gardiner's estate to the Company, there remained a balance of more than three thousand, five hundred dollars due from them to him, which they decided should be paid his heirs, and that they should reconvey to the Company the fragments of lands not sold, and that the Company should restore to them certain bonds from settlers taken for portions of these lands, and which were in their possession. The Company also agreed to refund to the heirs nearly two thousands dollars, which they had been obliged to pay on account of these warranties." From the Revolution to the year 1796, the proprietors had neglected their property, and large numbers of squatters had settled on land, in many instances neglecting to see that they took settlers' lots, and thus the territory was filled with those who had no right or title to the land they occupied. And when the proper owners claimed their possessions, and sent their agents to collect or survey, they assembled in large bodies, and forcibly resisted. In 1796(Williamson), the settlers in Jefferson not only repelled all owners, but they prevented others from agreeing to measures not indorsed by themselves, and 1810 (Ibid.), Jason Chadwick, a surveyor, was shot in Malta, while int he discharge of his duties. On one occasion a settler was shot for becoming a traitor to the interests of the restm in assisting to make surveys. There was even a specious show of legality in their movements, for they announced the theory that the Company being a corporation, had no power to sell except to liquidate debts, and that as they were not in debt, they could not sell, and that therefore the settlers had a legal tenure, claiming under the offers given before the Revolution. This doctrine was quite general, and the settlers remained. These transactions filled the country with alarm and confusion. At first, attempts were made by the proprietors to obtain acknowledgements of their rights from the squatters. This was of course refused, and then recourse was had to the law. The settlers neglected their farms, in their efforts to resist what they deemed aggression, and the prosperity of Maine seemed at a stand. The murders of Chadwick were imprisoned in Augusta Jain, and vain attempts were made to release them by force. At lenght, Elijah Brigham, Peleg Coffin and Thomas Swight were appointed commissioners by the consent of proprietors and settlers, to present a plant of adjustment, and they divided the later into three classes: those who settled before, during, and after the Revolution. The first were to pay least, and the last most, for their lands. This plan, with some modifications, ultimately settled disturbances, and on the reception of the township ont he Penobscot river, which was divided among the proprietors to compensate for losses, the excitement ceased; the rebellious squatters resumed the hoe, and subsequent litigations has been confined to those points incidental toa ll land-ownership. After being in operation for sixty-five years, the affairs were ended in 1816. R.H. Gardiner, Esq., in winding up and interesting sketch of the Company, which the Compiler has laid under contributions, says; --(Maine Hist. Col. Vol. II. p. 293, 294) "In reviewing their History, and comparing their efforts to convert the wilderness into abodes adapted to civilized man, with those of other Patentees, we must allow that they displayed much liberality, judgement and efficency. Even at the period of their greatest supineness, their lands were not more covered by squatters than others, and the charge of negligence attaches more to the individuals proprietors, thatn to the corporation itself. Previous to the Revolution they had divided almost all their lands on the west side of Kennebec river, and all on the east side of the river, and within five miles of it, which were henceforth held in severalty. Of these more than a fourth were held by absentees, some of whom never returned to this country, and all of whom felt o little interest in the property here, to trouble themselves about its management. It was for a long time questioned whether these absentees had not forfeited their rights by forsaking their country in its time of greatest need, nor were their rights esetablished till the formation of Jay's treaty in 1794; and after that treaty, the absent proprietors were in no haste to dispose of their claims to American Citizens. The claim of one of the proprietors, embracing one twenty-fourth of the whole Patent, has lain dormat almost to this time. The first grant to Florentius Vassal, styles him as of London, and a suit has recently been commenced int he Court of the United States, for the recovery of this very land. Only a very small fraction of the Patent was owned in Maine, and the Massachusetts proprietors became after the Revolution almost as neglectful of their property here, as those who had left the country; those who did appoint agents paralyzed their efforts by the very restricted nature of the powers they were entrusted with. Let us not attribute then to the corporation the evils which principally arose from individuals, but remember that but for the exertions of the Company at a time when single settlers could not have established themselves here, the planting of the Kennebec must have been delayed at least the third of a century; and it may not be extravagant to say that if the towns on the Kennebec had not been built, the interior country would not have been settled, and the population which now occupies the most important portion of the State, would have been scattered in othe regions, and Maine would scarcely yet have acquired vigor to become independent of the parent State." Thus it will be seen, that although many attempts were made to settle our State, now so flourishing, they failed repeatedly, for many years, mainly in consequence of the Indian wars; and that to Dr. Sylvester Gardiner, with his great wealth and zeal and energy, and public spirit, belongs the credit of finally effecting the settlement of Pittston and Gardiner. This is not the place to record the entire history of the Purchase, but enough has been stated to show how the enterprise was carried on to success. (c) 1998 Courtesy of Gardiner Me. US GenWeb Project ************************************************* * * * * NOTICE: Printing the files within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. 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