Sprague's Journal of Maine History Vol. VII FEBRUARY MARCH APRIL 1920 No. 4 Page 188-191 Maine Lands East of the Kennebec River (BY EDGAR CROSBY SMITH.) Note.-The following article is an extract from Chapter II of the History of Dover and Foxcroft, Maine, which history is being prepared by Judge Smith. As this Part of the history is applicable to all that section of the State of Maine which lies east of the Ken- nebec river, we are permitted by the author to give an advance publication of this article.-Editor. The basis of the titles to the soil of the towns of Dover and Foxcroft is in the Commonwealth of Massachusetts. It will be of interest to sketch briefly the manner in which Massa- chusetts finally obtained complete and unquestioned ownership and sovereignty over that part of Maine that lies east of the river Kennebec; that region which for many years had been debatable ground, claimed both by England and France and over which both exercised acts of jurisdiction. Prior to 1691 the territory which that year was consolidated under one general government as the Province of Massachusetts Bay in New England, had been split up into numerous colonies, grants and patents. The Colony of Massachusetts Bay, the Colony of New Plymouth, Gorges' Province of Main, the Sagadahock Patent, the Plymouth or Kennebec Purchase and the Duke of York's (afterward King James II) grant, being the principal ones. The grant to the Duke of York included all the lands between the Kennebec and St. Croix rivers, but he exercised but little sover- eignty over his domain, the title to the whole of it east of the Penobscot being disputed by the French who occasionally enlarged their claims so as to cover the lands between the Penobscot and Kennebec rivers. The bounds of neither of the colonies or grants were definite and constant disputes arose as to the bounds and jurisdiction. In 1684 the Plymouth and Massachusetts charters, together with those of other colonies, were annulled by King Charles II after a long quarrel with the colonists. James II became king of Eng- land in 1685 and from then until the accession of William and Mary the affairs of New England were administered by a royal governor and captain general, Edmund Andros. The state of affairs in Massachusetts during the whole period of Andros' administration bordered upon revolution. In 1688 James was driven from the English throne and William and Mary became the rulers of England. At this turn of affairs in the home government the people of New England, as a whole, were highly gratified although some of the inhabitants of Maine were not unfavorable to King James and the Andros administra- tion. 'Steps were at once taken by the colonists to secure the restora- tion of their ancient charters. The Duke of York, now the deposed monarch James II, as may be supposed, had little voice in the dis- position of his domains east of the Kennebec. While King William was most favorably inclined towards his people of the new world, yet withal, he was well informed as to their past troubles, conflicting grants, disputed jurisdictions and the other difficulties that had been experienced. So, in his wis- dom, he decided to consolidate several of the colonies into one province, their affairs to be administered by a royal governor appointed by the crown and a legislative body to be elected by the people. The old Massachusetts Bay Colony being the largest, most vig- orous and aggressive, the king, on October 7, 1691, granted to it a new charter uniting with it the Plymouth Colony of the Pilgrims, using the following words: alsoe to the end Our good Subjects 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 better Condicon of defence and considering aswell the granting vnto them as vnto Our Subjects in the said Collony of the Massachusetts Bay Our Royal Charter with reasonable Powers and Privi- ledges 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 advance- ing of the ends for which the said Plantancons 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 Collneyes comonly called or known by the Names of the Collony of the Massachusetts Bay and Collony of New Plymouth the Province of Main the Terri'to~rie called Accadia or Nova Scotia and all that Tract of Land lying betweene the said Territories of Nova Scotia and the said Province of Maine 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 the Massachusetts, Bay in New England. That part of the territory described by the words, "all that Tract of Land lying betweene the said Territoritories of Nova Scotia and the said Province of Main," is that part of the present State of Maine lying between the Kennebec and St. Croix rivers. This charter was the first title Massachusetts had to the lands in which are located the towns of Dover and Foxcroft. In regard to this particular territory the charter placed a restric- tion that did not apply to any of the other lands in the province. In the language of the charter it was this: And soe Neverthelesse and it is Our Royall Will and Pleasure That noe Grant or Grants of any Lands lying or extending from the River Sagadehock to the Gulph of St. Lawrence and Canada Rivers and to the Main Sea Northward and Eastward to be made or passed by the Governor and Gen- crall Assembly of our said Province be of any force validity or Effect vntill Wee Our Heires and Successors shall have Signified Our or their Approbacon of the same. The reason for his embargo on making grants being extended to this territory is obvious. Nearly all of it was claimed by France and parts of it actually occupied by French settlers. For the Massachusetts Bay province to have an unrestricted right to make grants of any or all parts of this disputed ground might lead to international complications, and even to war between England and France. It lacked only three years of three quarters of a century before the title was finally quieted in 1763 by the victory of English arms over the French and the ceding to England of all French claims to this and all other dominions in this section of the continent. After 1763 the restriction was not removed and the Massachusetts prov- ince did not attempt to dispose of land or promote settlements in this region except in rare instances, such as at Machias in 1770 and a few other conditional grants in the St. Croix locality. The successful termination of the American Revolution created ù new situation and the Commonwealth of Massachusetts, by vir- tue of the treaty of 1783, became the absolute owner in fee of all the lands she had previously held under her provincial charter. This opened up the central and eastern parts of the District of Maine to settlements for good titles could now be acquired by settlers and purchasers. For three years Massachusetts confided the guardianship of her public lands to "The Primary Committee." This committee experienced much difficulty with trespassers and succeeded in mak- ing little or no progress towards quieting titles or promoting set- tlements and sales of land, and in 1783 resigned their trust of the lands eastward of the Kennebec. In October, 1783, by authority former and it was under its direction and supervision that order was brought out of a chaotic situation regarding to the title to the lands cast of the Kennebec river. The state recognized the great value of its possessions in eastern Maine and under the able administration of the Eastern Lands Committee it was enabled to establish a source of revenue from them and at the same time promote settlement. In fact, in the first instance, the settlement of the new country was the principal object of the government, as is shown by the conditions embodied in all the early deeds to purchasers of townships; these conditions required the actual settlement of a certain number of families within a specified number of years. A land office was established, a state surveyor appointed and surveys and lotting of townships were carried forward in a methodical and expeditious manner.