Report of Charles S. Daveis Esq. Agent appointed by the Executive of the State of Maine to inquire who and report upon certain
acts relating to aggressions upon the rights of the State and of individual citizens thereof by inhabitants of the province of New Brunswick. January 31, 1828 p. 189
CORRESPONDENCE AND DOCUMENTS RELATIVE TO THE NORTHEASTERN BOUNDARY Vol. I. Part 2 1825, 1827 & 1828
Documents accompanying the Report of Mr. Daveis.
[Following are transcriptions I made of hand-written depositions, copies of which are located at the Maine State Library in Augusta, ME. The old-style writing is faint and I've left spaces where I couldn't make out the words. I may have made errors; I ask you to take that into consideration before using this information. If you are looking for people in this time period, read all of the depositions, for there are names mentioned that are not in this list. Even if your person isn't mentioned, this material will give you such a good idea of the problems they faced.]
The depositions are for:
Correspondence and Documents Relative to the North Eastern Boundary v.1 pt. 1 c.1
Deposition of William Dalton relative to the difficulties and complaints of the settlers bear the N.E. boundary line of the State October 27, 1829 page 101
I, William Dalton, born in Bloomfield state of Maine, county of Somerset say - that for the past 3 years I have resided on the Aroostic river 30 miles within the line on the American side 33 miles up said river. many of the settlers on the river are emigrants from new Brunswick others from the states. Many of these settlers are poor. the constables and officers of the province have been in the habit under the pretence of collecting debts, of coming to the settlement where I lived with precepts and taking and carrying away every species of property they could find.They generally carried it to the parish of Kent or Fredericton and there sold it at auction. As an instance of the violent proceedings of the officers and subjects of the provinces, I would state that at the settlement where I lived a certain man named Joseph Arnold had a dispute with one William McGray about a cow, which was referred to 3 referees chosen among the neighbors who decided that Arnold should keep the cow. As McCray then went to one Esq. Moorhouse said to be a magistrate in the parish of Kent, Moorhouse sent McNeil a constable of that parish to the Aroostic Settlement. The constable came with 5 men, armed with guns, pistols, and sword and took the cow by force. On account of public difficulties, my farm I think was as good land as any in North America and the whole of the country on the Aroostic is very excellent land and I would be ----- settled if it were not for public difficulties. My family were contended before the trouble and had it not been for them I would not have taken $700 for my property.
For the last seven weeks the inhabitants of the Aroostic settlement have been unwilling and afraid to sleep in their own house and have retired? to the lower part of the settlement and spent the night on the banks of the river and in the woods and keep watch night and day as in an Indian war.
I arrived here at Bangor the 27th of October 1827 direct from Aroostic.
Report of Charles S. Daveis Esq. Agent appointed by the Executive of the State of Maine to inquire who and report upon certain ?acts relating to aggressions upon the rights of the State and of individual citizens thereof by inhabitants of the province of New Brunswick. January 31, 1828 p. 189
CORRESPONDENCE AND DOCUMENTS RELATIVE TO THE NORTHEASTERN BOUNDARY Vol. I. Part 2 1825, 1827 & 1828
Documents accompanying the Report of Mr. Daveis.
No. 8 page 261
I, George Fields, fifty years of age, now of Houlton, was born in Pensacola, where I lost my father. My mother married ------ and moved with me into New Brunswick. I continued as ? excepting two or three years in Canada, until I ...... four years ago. I then went to the Aroostook. I expected when I went there that I was going into the territory of the United States. Well, Wm. Peter, an American went on the same year with me. I found there the two Johnsons Lewis and Charles, and a man by the name of William McCrea. I settled about twelve miles up the stream. about nine miles above the line. The first year a Deputy s? or General by the name of ?West came up from Prince William and seized all my lumber on the Aroostook and made my pay a duty of two shillings a ?ton. The next year James Sisson of Tobique Settlement got a license to cut timber and I ? a number of them cut under ? and other people who had obtained licenses. and from whom we obtained our supplies. Afterwards we worked for ourselves. Last March George Morehouse Esq. came to the settlement with John Davison to mark timber to be seized and forbid the people from working or occupying any further. I was then preparing to come away. Two years ago I was arrested by Daniel Craig a Deputy Sheriff of New Brunswick for a debt of L65, on the suit of William Hallet and carried down the river, almost to the St. Johns, a mile and a half below the lines where I met one of my sons who gave bail for me and I returned home and afterwards settled the debt by letting Hallet have a farm belonging to me in the St. Johns a few miles below the Aroostook of which I had a grant from the government of New Brunswick.
Early last March I was sued by Patrick Connelly before Justice Morehouse for three days work and which was to be paid in work by me. The writ was served by Stephen McNeal a constable. A yoke of oxen were also taken at the same time out of my shed and driven on to the rive by the constable on a warrant for a debt of three pounds against my son. and he returned and told me. I agreed to settle both demands and give my note for the amount and promised to pay the costs to the justice. I went down the next day to pay the costs which I did and complained of being sued and came home again. I thought the note was ... payable in three months, which Connolly and I agreed upon. On a week after my return, the constable came with a writ from Esq. Moorhouse in the same note, and took my body, about sunrise, as I was going to milk and as I could not get bond carried me before the justice, who directed me to attend the next Friday and released me on my promise so to do. I could not give bond. On the Friday appointed I attended to stand trial because I considered it was in the States and they had no right to sue me there, and so told Mr. Moorhouse and talked hard to him about it. He said I ought not to have gone there that I knew was considered to belong to the States when I went there, and that William Piles and I who are brothers in law, did it to get into the American government, He said it was a cage of unclean birds and he did not pity me. Also he said that I spoke disrespectfully of the government and that if he had not known me from a boy he would have sent me to Fredericton, I told him he could not send me there. He said he could tie me neck and heels and send me there.
The next day the constable came up with the execution and seized a yoke of oxen, five hogs, a couple of two year old bulls and my cow. He got to my barn before I returned from Tobique. I met him about three miles below driving them down. They were carried to Tobique and sold but were not enough to pay debts and costs I found afterwards. How much it was I did not stop to ask and never knew. My son bought the cow at the sale and brought her back to me. I was afraid they would take me next. I then set out with my family to come away and was on my way in the river with my wife and five children under ten years and the cow. Nearly opposite Mr. Morehouses I met the constable with a fresh execution for the balance of the costs upon which he took the cow again. My wife cried and advised me to give the money we had which was twenty shillings to redeem the cow. Mr. McNeal said he would pay the rest himself. Mr. McNeal was very civil to us and let me go.
All the property I have is some household furniture which I brought from Aroostook, worth about L10. I owed some debts upon the river. I had a horse that has gone to pay an honest debt. My sons are on the St. John. They are used to the river and do not like to leave it. I am afraid of returning to my sons on account of my creditors. I should have come away, if I had not owed a dollar. I left the Aroostook because they would not let me live there in peace. They took everything away from me as fast as I got it. I have a very large family and not very good health. and if I got a little timber or anything to procure supplies they would seize it. I now live in Houlton. George his mark Fields
No. 9 page 265
I Joseph Arnold aged 37 years am one of the settlers on the Aroostook. I was born near Fredericton and settled on the Aroostook four years ago. I found there in January 1824 Lewis Johnson, Charles Johnson, and William McCrea, John Bradley and his sons Oliver, Henry, Lewis, John and George. The two first had families. The latter lived with their father. Nathaniel Churchill, Thomas Beckett and Peter Bull. These were all settled before me. They were from the river St. Johns, excepting McCrea who was born in Ireland. William Pike (or Pile) and a Mr. Hilton, with his son Robert, were from the States and came the same reason with me. Pile brought his family a few days after I arrived and settled himself at the mouth of Little Presque-Isle, about half a mile from the mouth of the stream, where he has since remained. Hilton and his sons have removed away.
I considered I was going into the American government when I settled there. Before I carried my family I saw Esquire Cook of Houlton and he told me that the settlement was certainly American ground. I have heard a number of the settlers say that they expected they were going into American territory when they settled there. I now live about 32 miles from the mouth of the river. I purchased of Seth Steward, an American and took a quitclaim deed. He and one Franklin Heald an American bought the ?prossessions of John Bradley. Samuel Gardener an American and his four sons came to the Aroostook three years ago and settled. Some of the Irish settlers sere sent on by William Black a merchant in St. Johns, who had a license to cut timber from the Province Government and were employed in the lumbering business on his account. This was about three years ago.
Michael ?Cummings, John Hickey and John Knowles are three of them still remaining. Mr. Hilton had a license to cut timber through Wm. Robert a merchant of Fredericton. I was never engaged in the business. I began a saw mill with Benjamin Weeks an American but the dam was carried away and I lost my labour and expense. Weeks and I sold out our interest in the mill. I have received nothing for ......I also engaged in building a small gristmill on the same stream which became useless by the destruction of the dam. When the settlers were .....to Fredericton I did not go and advised the rest not to go, as I had understood Genl. Irish said we must stay at home and mind our business, as the land we were on belonged to the States, and I also understood that Lockwood the Surveyor General of the Province said the settlers would not be disturbed, which ever Government got the land. I have never heard any ... arriving the present settlers, except William McCrea declare it would belong to the British Government. Andrew McCrea a brother of McCrea since gone say the same. Andrew McCrea went away the latter part of the season. He said he had served his Majesty as a sergeant seven years and would not stay among a parcel of Yankees. William Dalton and William Pile, Americans, were among the persons ...... The two McCreas said they thought it right. Some doubted whether the British had the right or not. All thought it hard. The biggest part of the settlement said the British Government had no right, and that the land belonged to the States as the river had been ... twice. But they were afraid of the penalty of a hundred pounds and generally set out to go. Some went part way and others to Fredericton. Daniel Craig a deputy sheriff bought the ?Serviceservers to the settlers to appear at Fredericton, The settlers met him and I with the rest at Mr. Beckwithes. John Bradley Jr. from the St. Johns brought up the deputy sheriff in a canoe and threatened to take a cow I had got by exchange with William McCrea, which he had purchased of John Bradley, as he said, and that Bradley agreed to take Wm. Greenlow as paymaster. Craig took a paper out of his pocket and either read or pretended to read that he was to take the cow, wherever he could find her. I did not read the paper myself. He had the cow of McCrea the fall before, and had wintered her, and she had a calf just a week old. John Bradley Jr. declared he would take the cow and dared anyone to oppose him. I told him he should not have the cow and started off after myself and found her and tied her to a small tree, and left her; as I was afraid of Bradley above as he is a very strong man. The deputy sheriff stopped at Beckwithes until I had got some little distance across the river and then went up to Mr. Bulls who lived next to Beckwithes. I saw him going up there and afterwards found him there. Bradley followed after me, and found the cow, and took her away, and swam her across the stream and I saw him carry her to the place where the officer came to. I was told that he delivered her to the sheriff who took her away down the river as I understood upon a platform across two canoes. Craig told me the precept was given to him by Mr. Morehouse a magistrate at Tobique. I accordingly went to Mr. Morehouse, to see if such things should be allowed. He gave me but little satisfaction, and said if I was hurt, I must go to Fredericton and employ a lawyer for he could do nothing about it. It was a much as 45 miles from where I lived. Some of the settlers were with me. Some had gone down the river further on their way to Fredericton and some were behind. The deputy sheriff was above the river with the cow. I started at twelve o'clock the night after I was ordered to appear at Fredericton. L? started the same night with me. It was Friday. I traveled all night and next day got to Esq. Morehouses. The next day I continued my journey on the river and all next night down the river about thirty miles to Nathaniel Churchills at Wakefield where I got Sunday morning and hauled up my canoe. On Sunday I set out again and got about six miles further on towards Woodstock. I was going to Houlton to inquire whether these things were to be done. On Monday I went on to Esquire Ketchums at Woodstock and informed him how I had been used. He told me I was in an out of the way place, where neither law nor justice could come to me as he knew of and that if I made a king's case of it, I could not get my cow again, but only the pay for it, and I should have to advance the costs, which would not be less than ten dollars. He gave me a letter to Esq. Morehouse and said it might help me. I continued down the river two or three miles further on my way to Houlton. I had lost my canoe at Churchills where I hauled it up, and went the rest of the way on foot, but I grew tired; my legs and feet swelled; I was told by people along the way, that I could get no satisfaction. The lves were unsettled and I turned about to go home. I returned to Mr. Morehouse with my letter from Esq. Ketchum who told me as he did before that he could not do anything for me. I then returned home on foot, having been absent about six days.
I lost a fine horse while I was gone. After my return I called on McCrea of whom I had the cow to ascertain if he had actually purchased her and paid for her. He agreed to leave it to Thomas Goss and James Dennison. They gave in, that if McCrea could not bring witnesses to prove within ten days that he had bought and paid for the cow he sold me, the cow he had of me should be mine again. McCrea then went and pretended to sell the cow to Michael Cummings. When the ten days were out, I took Ferdinand Armstrong, Thomas Teally, Thomas Goss and John Rafford with me and went after the cow. I found her at McCrea's landing on the shore. McCrea's wife was milking her. McCrea was present. I asked him for his witnesses. He said they were on the river St. John. I then took the cow and carried her away. Cummings forbid me and followed calling me a thief and a robber. Cummings then went to Esquire Morehouse and got a writ of ?replevin and came back with Stephen McNeil a constable and a couple of Irishmen to take the cow. I was about three miles from home. They took the cow from my house where she was tied. My wife said McNeil had an old sword, and the constable had a pistol and Andrew McCrea a club. Lewis Johnson came to me and told me that they were after me and that McNeil demanded him in the King's name to go with him and help take me, but he refused and the constable went away with the cow and carried her to Wm. McCrea's house, and shut her up as we afterwards found. When Johnson told me what had taken place, I went to Wm. Dalton, who had three men helping him that day, six miles above where I then was, and then went to my camp and got my gun, unloaded; and we turned out with twelve men to take the cow back again. We took five muskets and no more for a sort of show of strength and made agreement arriving ourselves not to hurt anyone, but only to get the cow. It was in the evening. We searched all around for the cow and found her at last in McCrea's house, and we told him to fetch her out. I told McCrea so myself, and Dalton said if they did not have her out, the house should come down about their heads. The constable took out his pistol, and seated himself in a corner upon a chest with the pistol in his hand. I saw him through the window. I did not see it pointed towards the window or anybody. I told the constable we did not want to hurt him or anybody in the house. All we wanted was the cow; which we must have. Dalton and I had spoken rather rash at first and he swore a little. I called them Irish thieves or robbers, I forget which. They thought hard of my reflecting on their country, and complained of it next morning, and I told them if they had been English or Scotch or blue-noses or Yankees, we should probably have called them the same. We then considered and reasoned the case with them. We talked with them as reasonably as we could. Dalton said, if they did not come out, they should go to Houlton. We promised them if they came out, they should not be hurt. They finally agreed to surrender and came out, one by one, as we called for them, the constable first. It was then two hours after dark. We left Wm. McCrea in his own house, as he had not been with them to take the cow. We afterwards let Andrew McCrea go, because he told me he only came up to see me to pay me a debt he owed me of about six dollars. We took him with the constable and Cummings and Campbell to the house, where Teally lived and discharged Andrew McCrea, and kept the rest over night. The constable kept his pistol; any other arms they had were left at McCreas. Campbell did not lay down all night. Every now and then they would threaten us with the consequences. Dalton wanted to see the writ and the constable said he would die sooner than give it up but offered to read it, or let us see it. We passed our words we would not take it from him and the constable read it next morning, Dalton looking over his shoulder. Dalton was a tall man, McNeil a short one. The constable said, when he came again he should not be obliged to show his authority to a parcel of Yankees and that if one number would not answer, another should.
It was read to be a writ of ?replesy in the Parish of Kent and the constable said, that this was the Parish of Kent. Dalton declared they should not come upon American ground where he was, neither McNeil nor any of his rulers; and proposed to carry them to Houlton. But we considered that we had no ... to carry with us, and not knowing what might happen, now that it might be worse for us, and as we should be afraid to go across the lines to get our salt or go to milk, we concluded to give up our intentions and also to give up the cow. I delivered the cow myself up to the constable and he carried her back to the McCreas and we set off to go home and about half of us went home. I then recollected that the writ read only for the Parish of Kent and as we lived on the Aroostook which was not in the Parish of Kent, I named it to several, and as we supposed we had gotten into as bad a scrape as we well could be at any rate, we determined to go back and retake the cow. The constable told us, we were doing it on our own risk - but made no opposition. We were induced to come to this determination among outselves, not on account of this thing only, but because we considered it a growing evil, and that they would next come and take our grain out of our barns and leave us in a suffering condition. We had heard of Field's having everything taken from him, and not sufficient to pay the costs. Calton said he could live there no longer and talked of selling out. I never heard him say so till after this. They were cutting the wheat when he went away. I should think he raised about 125 bushels of wheat and as was supposed about 200 bushels of oats. It was a very handsome ?price/piece of corn? and Dalton said he should have 70 bushels but it became weather beaten after he went away and the purchaser did not realize of 50. I have been over the corn ground? often.
After this affair we grew considerably uneasy and we repeatedly heard threats that they would be coming up with a larger party in a few day, and destroy our houses. We were considerably alarmed, and used to sleep out of our houses. Several of us slept one night in Beckwith's barn. This was a few days after they were gone, and when we began to expect them back - --- (vir) Peter Bull, James Rand, John Beckwith, John Rafford and myself. Another night several of us slept at Bulls house. I moved my family two or three nights to Bulls. Another night I went out in the woods, and slept. We slept about two or three of us together in different places. We never mustered together but twice. I had a camp where I kept my family a part of the time, handy to where I was building a small grist-mill. We heard a story that there were orders to come up with horse teams and take us in the night. We heard of the sheriff going up with a party to arrest Baker and it was said, and apprehended among the settlers that they would come up to the Aroostook settlement on their return, but no one has been up to trouble us.
The upper settlers at the Aroostook have been employed in cutting a road through to Houlton for about four weeks. They have no other way to obtain their land. I have a small grist mill that will grind three bushels in twenty four hours, enough to do my own grinding, but I am unable to attend it or improve it. I have ground day and night lately to get bread for those who are working on the road and helping to work and look out on the road. Ferdinand Armstrong and myself were out together for this purpose. We had nothing to eat from Saturday morning , but a small bite thaat we reserved for Sunday morning and we were without victuals from that time till Tuesday noon when we came out to ??? in Foxcroft. On Monday last the cold was extreme and our suffering were severe. I am willing to give six weeks to get the road through, and Armstrong says the same.
The settlers on the Aroostook have been a good deal at a ? hearing different stories, who the lands belongs to, but hearing the ? have been ? twice we conclude we are under the protection of the American government-----and we stand in need of it. Joseph Arnold
I, Nathaniel Gardner do testify and say that I commenced a settlement on a lot of land situated on the Aroostook River in the year 1825 and am now a settler thereon. That in the year 1827 in the month of July Daniel Craig an under sheriff belonging to the Parish of Kent Province of New Brunswick, delivered me a summons whereby I was commanded to appear at Fredericton before the Supreme Court to answer to such thing as should be objected against me under a penalty of one hundred pounds, and ?agreeably to the ? of my summons I attended the Court at Fredercton. Edward Miller sheriff of the County of York was the first person with whom I conversed after my arrival; he told me my trial would come on the next day and accordingly Mr. Miller sent word to me and others to come into Court the next day; we came in but our names were not called. After the Court had adjourned I went to the ? and showed him my summons. I requested him to inform me what I was called there for. He told me that he knew nothing concerning the ? but referred me to the Attoney General. Mr. Milan then informed me that we had all better go home and when we were wanted he would send for us. And I accordingly returned.
It is one hundred and thirty five miles from my place to Fredericton and I was gone from home fourteen days. There were several of us who were summoned in company . Some of us had a little money and none and we divided the money equally and all fared alike. Some days we had not more than one meal of victuals.
24 Dec. 1827 Nathaniel Gardner
v.1 pt.3 c.1
No. 18 page 341
I, Jonathan Parks do testify and say that I am a settler on the Aroostook west of the Boundary lind between the Province of New Brunswick and the United States, that in the month of May or June last George Morehouse Esq. holding his appointment in the Province aforesaid forbid my ........................put up an advertisement forbidding all persons trespassing on Crown land and that if they did he said they would be prosecuted by the Kings attorney general. For the month of July last I was served with a summons by Daniel Craig under sheriff of the Province aforesaid whereby I was commanded to appear at a ? before the Supreme Court to answer to such things and should be objected against me. ........ After I had been there three days and not called on or any notice of me. The sheriff told me that I had better go home. I live one hundred thirty miles from Fredericton and was gone from home fourteen days. I --- that sheriffs / and surveyors of the --- frequently visit the this place and do business in their --- capacity and --- Dec. 24 1824 Jonathan Parks
No 20 page 345
I Jonathan Parks a settler on the Aroostook and living about seven miles west of the Boundary line between the Provice of New Brunswick and the United States also testify and say that in 1803 or 1804 I assisted Charles Turner Jr. and Park Holland Esquire in locating and lotting Marshill Township situated eight or nine miles to the south of the Aroostook River and on the boundary line as it is now seen.
I was born in the State of New Jersey, Huntinton county, and removed into the Province of Nova Scotia now Province of New Brunswick in 1783. I removed to the Aroostook 1826 and I have ever since confined myself with the limits of the United according to the Treaty of 1783, which treaty I have often read. --- residence here. Officers holding their authority under the Province of New Brunswick, and often sent here to serve writs and to collect debts. I have been served three times since I have lived here and the writs served on me by British officers. I did not move here to get rid of paying honest debts. I left one thousand dollars which was due me in the Province when I came here and a considerable part of the above sum is due me now in good hands. Two of the above suits I consider to be oppressive and unjust for I have forever been willing and am now able to pay my honest debts. In 182(4or6) I let Ferdinand Armstrong, a son in law of mine, have some provisions to make his family comfortable and in order to ? me (secure?) he delivered me a cow, but I let the cow remain with him for the benefit of his family. In March 1829 William Anderson, living in the Province of New Brunswick holding a note against Armstrong my son in law, came to me and said that Armstrongs wife was willing to have the cow delivered to him to pay the note if I would consent. I delivered the cow to Anderson and gave him a bill of sale of her, Anderson then delivered the cow to Armstrongs wife and told her that he would not take the cow away from her till July and if he did not ?receive his pay by that time he would call for the cow and give up the note to Armstrong. When I delivered the cow to Anderson, he delivered her to Armstrongs wife. Anderson forbid me to
meddle or have anything to do with the cow afterwards. The above transaction was done before witnesses now living. Anderson did not call for the cow at the time nor has he since but sued me before George Morehouse, Esq in two months after the time was out to call for the cow for Armstrongs debt. I stood trial. I had witnesses to know the above facts, but Morehouse gave the judgment against me for five pounds debt and costs amounting to about fourteen shillings. Anderson still holds the note against Armstrong and Armstrong keeps the cow. I expect Execution to be issued every day and my property sold at vendue to satisfy this debt and costs. I have good reason to think that there is a hardness entertained on the British side against the Aroostook settlers and that we do not always have justice done for us.
I lived about three miles above Fredericton in 1784 when Governor Parr granted a tract of land to the Second Battalion of the New Jersey Volunteers lying next above Le...minster? and expanding? twelve miles up the river (now called Kingsclear) St. John. On this block of land there was at this time a number of Leveret? settlers. Those lands were all taken away from them except two hundred feet front and extending back from the river as far as their improvements. They could not subsist on so small a piece of land. They therefore were obliged to leave their unwelcome neighbors and seek refuge in the wilder ?. They ?planted themselves at Madawaska one hundred sixty miles above Fredericton, and this is the way that the British got possession of settlers Madawaska if it deserves that name. Paul Munni-- was one of the first settlers and Mitchel ? and Simon Martin. I visited Madawaska about the year of 1787 and I should judge I have seen fifteen families settled there at that time. They were very ? of provision. I could not obtain even a loaf of bread. They .............. for many years after they settled there and suffered very much on account of their distance from any other settlements.
I have been in the habit of hunting more or less every year since I first arrived into the Province of New Brunswick and have explored the country lying North of the Schoodic Lake. I -?- of the St. River as far north as the A----- and its tributary at the -?-. I have expended all the means of note to their s--- leading into the St. Johns in the above mentioned tract and confidences a body. I think the land is extraordinary good, and in an agricultural point of view ---s any within my knowledge. There are large and extensive ridges of good land --- with --- --- maple, birch beach ?basswood and elm and in many places butternut white ash and --- ash. On the banks of the Aroostook there are extensive trails of the very best of intervail and many large islands. I think that the land on the Aroostook offers to young and enterprising men the greatest --- of --- in farming. There are also many excellent mill sites and plenty of pine for building. and considerable for market. The soil is natural to the growth of wheat rye oats, barley, peas, potatoes, turnips and flax and they generally come to maturity. ----and I confident the land in dispute worth contending for.
June 21 1828 Jonathan Parks
No. 21 page 349
I Samuel Gardner do testify and say that in the year 1824 I began a settlement on the Aroostook that in 1825 I saw Gen. Irish who George W. Coffin at the Grand Falls on St. Johns River and requested them to inform me what ?arrangement I --- have with regard to settling on the Aroostook. They told me that I might continue making improvements and I might have lands for my sons. I have four sons namely Nathaniel, Be-ly, Nathan and Benjamin. We have --- on five lots and wish to obtain titles to our lands. Daniel Craig is sub sheriff belonging to the Province of New Brunswick came to my house --- my --- as I was informed by my sons, with a summons to appear at Fredericton in July 1827 to answer to such things as should be objected against me but I did not attend the Court. Samuel Gardner Dec. 24, 1827
No. 22 page 351
I Nathaniel Churchill do testify and say that in the year 1822 I commenced a settlement on the Aroostook on land which I considered to be within the limits of the United States. That in the month of July last I had a summons delivered me by which I was commanded to appear before the Supreme Court in Fredericton to answer to such things as I should be objected against me, but I did not attend. I have about twenty acres under improvement, and I wish to obtain a tittle to my land.
Dec. 25, 1824 Nathaniel Churchill.
No. 23 page 353
I William Pyle being of full age do testify and say that I commenced a settlement on the Aroostook west of the boundary line between the British Province of New Brunswick and the United States in 1823. That in July last I was served with summons by Daniel Craig an Under Sheriff of the Province of New Brunswick to appear before the Supreme Court at Fredericton on the --- second Tuesday of the same month under a penalty of one hundred pounds. I had but three days notice, but I attended Court ---- and the Sheriff of the County told me that there would not anything be done more about the business at present but if there should be, he would notify me in season. I then went to the attorney general's office and I was informed that the American government had written to the British government stating British subjects were trespassing improving and cultivating upon their lands and we must be warned off and I further say that British laws have been put in force here in the Aroostook during the last summer. Sheriffs and Constables have often been here acting in their official capacities. I also further say that I am acquainted with thirty persons living on the Aroostook west of the Boundary who were summoned to appear at Fredericton before the Supreme Court to answer as above.
Dec. 26, 1827 William W. Pyle
No. 25 page 359
I Lewis Johnston do testify and say that I was one of the ---------------------------------settlement on the Aroostook west of the boundary line as now in the year 1822 that I had a summons left with me by David Craig under sheriff --- Province New Brunswick --- presence at Fredericton before the Supreme Court on the second Tuesday of July last but did not ------ that, ------, constables and under sheriffs holding their authority under the Province have said frequently --- the settlements on the Aroostook acting in their several official capacities putting the British laws in force. Dec. 26 1827 Lewis Johnston
No. 26 page 361
I James Campbell being of full age do testify and say that in 1826 I came onto the Aroostook and commenced a settlement on land lying west of the old Boundary line and claimed by the American Government, that in April 1827, George Morehouse Esquire belonging to the Province of New Brunswick came to me and forbid me to fall any more trees or make any more improvement or trespass on Crown Lands, that in the month of July the --- Daniel Craig a sub sheriff belonging to the Parish of Kent Province of New Brunswick left me a summons to appear at Frederiction to answer to such things as should be objected against me but I did not attend court. When I settled on the Aroostook I considered myself on lands within the limits of the United States and it is my wish to get a title to the land on which I have settled.
Dec. 22, 1827
No.28 page 365
I Peter Bull do testify and say that I commenced a settlement on the Aroostook in 1823, that in July last Daniel Craig an under sheriff living in the Province of New Brunswick, gave me a summons for my appearance at Fredericton before the Supreme Court to answer to such things as should be objected against me, but I did not attend the Court and that in the month of September last McNeal a Constable living in the Parish of Kent, County of York and Province of New Brunswick came on to the Aroostook thirty miles west of the Boundary line as it is now run and attached a cow in the possession of Joseph Arnold living on the Aroostook, and I further say, that it has been the common practice for officers holding their authority under the Province of New Brunswick to come on the Aroostook and within the limits of the United States to do business in their official capacity and that in the month November last a party of men from the Province aforesaid came into the Aroostook settlement just as the day broke and seized a man (having no legally sworn any government) and fling him into a canoe and carried him in the Province aforesaid.
Dec. 22, 1827 Peter Bull
No. 29 page 367
I John Dorsey do testify and say that I commenced a settlement on the Aroostook west of the Boundary line in the year 1823, that George Morehouse, Esq. belonging to the Province of New Brunswick came to my house in the month of April last and forbid my making any more improvements or chopping any trees and said that if I did I should be prosecuted by the Kings Attorney General and in consequence of which I did not make but very little more improvement as was the case with many other settlers on the Aroostook. In the month of July last I was served with a summons handed me by Daniel Craig an undersheriff of the Province aforesaid by which I was commanded to appear before the Supreme Court at Fredericton on the second Tuesday of the same month, having had but one days notice to travel one hundred and twenty four miles. I repaired to Fredericton as soon as possible, not having one copper of money to bear my expenses. I attended Court three days and no one of those who were summoned were called on. The Sheriff of the County then advised me to go home, and said that he would notify me if I should be wanted hereafter. Several of us who were summoned, before we started for home, went to the Judges of the Court; - we told them that we were destitute of money to support us and that we wished to be brought to trial as soon as possible but they made us no reply. We also conversed with the Attorney General and he told us we must all remove from the Aroostook and come under the British Crown and we might have lands wherever we could find any vacant. I also say that on my return home, I traveled from Fredericton to my house - a distance of one hundred and twenty four miles on two meals of victuals, having left my family in very destitute circumstances.
Dec. 28, 1827 John his mark Dorsey
No. 30 page 369
I Thomas Beckwith do testify and say that I am a settler on the Aroostook, west of Boundary line, as it is now run and that in July last I was served with a summons by David Craig, an undersheriff living in the Province of New Brunswick commanding me to appear before the Supreme Court at Fredericton to answer to such things as should be objected against me. I attended court three days and then the sheriff advised me to go home for the --- he did think that anything would be done with me.
Dec. 26, 1827 Thos Beckwith
No. 31 page 371
I Thomas Beckwith do testify and say that in the ? part of January instant I went down from the Aroostook settlement on the British side to mill in company with Seth W. Steward. When we arrived at John Downeys at the mouth of the Aroostook. We called there to feed our horses. I went into the house where I found a number of Irishmen. One of the Irishmen had an axehandle in his hand and said we all deserved a good whipping, alluding to the Aroostook settlers and Mrs. Downey observed that they all would get a whipping and I hope whoever hence deserve it now. We had given our horses a little hay, but we were apprehensive that we should meet with trouble and I advised Mr. Steward to bridle the horses and be off as soon as possible. While Steward was bridling his horses an Irishman steps up towards him and drawed his fist and said I have a notion to give you a clout for greens. We then drove off as soon as possible not daring to stay to feed our horses. After we went to the mill we were informed that the Irishmen were waiting at Downeys to give Steward a beating on our return but thought they would not hurt me. We thought it dangerous to return by Downeys in the daytime, we then got a man to drive our horses by Downeys in the night and Steward and myself passed by at a distance in the woods. Mrs. Downeys has a great spite against the Aroostook settlers and has great influence over the Irishmen who ?labour about the mouth of the Aroostook, and I do sincerely believe they had plenty of liquor they would murder some of our settlers. I consider it dangerous traveling from the head of the Aroostook falls over the frontage down past Downeys. When I settled on the Aroostook I thought I was within the limits of the United States and I do believe every settlers now here settled under the same impression except perhaps a few Irishmen.
After the affair about Arnold's cow the settlers were thrown into a state of consternation on account of the threats thrown out by the Irishmen/ many of the settlers met together in ?parties and armed themselves for their defense. They ?stayed in my barn one night and some times at Wm. Bulls. The women generally were very much terrified and often left their houses in the night. We ?cannot stay here under existing circumstances. If something is not done for us soon we must leave the settlement and seek protection in some other place.
Jan. 19, 1828 Tho Beckwith
No. 32 page 373
I George Gilliland do testify and say that in the year 1826 I commenced a settlement on the Aroostook and on land claimed by the American Government and raised a crop, that in the month of April 1827 George Morehouse Esquire came to my house and said to me I warn you not to make any more improvements on the disputed land not even to cut down a single tree or commit any trespass whatever - but he told me that I might put in a crop but not to do any more till further orders. He left two advertisements with me on his return, the purpose of which was similar to what he stated to me as above and requested me to put one up in my house and send the other farther up the River. On the sixteenth day of May following I was burnt out and lost all my clothing and seed grain etc. in the month July I received a summons by the hand of Daniel Craige a Deputy Sheriff for the county of Kent on St. John River to appear at Fredericton before the Supreme Court to answer for trespass committed on Crown lands under a penalty of one hundred pounds. I started for Fredericton agreeably to the ?tenor of my summons and on my way I called on Esquire Morehouse and he gave me a recommendation stating that I had been burnt out and lost all my goods etc. When I arrived in Fredericton I called on the Surveyor General and showed him my summons and my recommendation and requested him to tell me what to do. He told me he could do nothing for me, but advised me to go to the governor and sow my papers to him and accordingly I went to the governor's office and passed my papers to him by the governor's servant and word was sent to me that I could speak to the governor in one hour. I waited a long time and I was informed that I might speak to him in two hours. I waited till I got very impatient and I went into the office and the young man told me that my case was very deplorable and that the governor was not to be spoken with and that the law must take its course. I then requested the young man to give me my papers, he told me that they were at the Surveyor Generals - I called on the Survey General for my papers, word came out to me that they were not there. I stayed four days in Fredericton waiting for trial but I was not called on nor no satisfaction given me. My money getting short, I started for home.
George Gilliland Dec. 14, 1827
No. 33 page 375
I David Frieman do testify and say that I am a settler on the Aroostook tat in the month of July last I was summoned to appear at Fredericton before the Supreme Court to answer to such things as should be objected against me. I attended court three days and then the Sheriff of the County told me he did not think anything would be done with me and he advised me to go home.
Dec. 25, 1827 David (his mark) Frieman
No. 38 page 356
I Joshua Cristy a settler on the Aroostook do testify and say that in the month of July last past I was served with summons by the hand of David Craig an under Sheriff belonging to the Province of New Brunswick to appear at Fredericton before the Supreme Court to answer to such things as should be objected against me.
Dec. 25, 18827 Joshua Cristy
No. 42 page 393
I James Armstrong now a resident on the Aroostook about thirty miles west of the Boundary on the course of the River do testify and say that in the month of October last I left my native place in the Province of Nova Scotia with a view of visiting the Aroostook, having heard that it was a fine country of land. Previous to my leaving home I gave my son a power of attorney to sell my property and settle my affairs. and pay my debts in case I should be visited on the Aroostook. I arrived on the Aroostook the latter part of said month of October. I immediately purchased a tract of land and went to work. About the middle of November, very early in the morning, John Giberson, John Larlee, William Giberson and ? Hutternut Larlee all belonging to the Province of New Brunswick came to my residence and Mr. John Giberson told me that he had got a copias to carry me to Fredericton. I was hurried away and put into a canoe before I got breakfast. We went on down the River to one Oliver Bradleys about twenty three miles before I got my breakfast. Here Mr. Giberson told me if I would give him fifteen dollars I might go and be darned; he wanted his fees and that was all he cared about it. I made him no answer to his proposal. We then went down to the head of the Aroostook falls just over the line and put up at a Mr. Russells. The next morning we started across the Portage and on the way Mr. Giberson told me that if I would give him twelve dollars he would let me go back. I gave him the twelve dollars on condition that he should return me my money if I should fail in getting away as I was apprehensive that the other men would not let me return unless I gave them some money also. Mr. John Giberson the person to whom I gave the money kept very close to me and when I saw a good opportunity of getting away he refused to let me go, but told me I must go on to Tibbetts Tavern, four or five miles further where if I treated pretty well I should have a chance to get away. I treated them well at Tibbets, but William Giberson kept very close to me and told me he would not let me go unless I got part of the money which I gave to John Giberson and give it to him. We then went to old Mr. Gibersons, tather of the above named John and William Giberson and put up all night. The next day they took me to one Daniel Craig, under Sheriff and here I found the man that sued me by the name of George Bowlby. I was not owing Mr. Bowlby nor did I ever contract a debt with him, but he told me he had purchased a note against me, and being in a strange country where I had no friends I was obliged to pay the demand or go into Fredericton gaol. I therefore gave Mr. Bowlby all the money I had and pawned my clothes for part of the cost and gave Mr. Bowlsby an order on my son for the balance which he said was due and then I was discharged and further say not.
Jan. 17, 1828 James Armstrong
No. 44 page 401
I Peter Bull do testify and say that since the affray relative to Arnold's cow I had some business at Madawaska. I started down the Aroostook and I had my life threatened when I arrived at the Portage at the head of the falls. I got me a large club to make the best defense I could. I travelled on for Downeys where I meant to stay over night. If I should be so fortunate as not to find any Irishmen there. When I came in sight of his house I saw six or seven Irishmen and steered off and got by I believe before they knew me. After they knew who I was they ?sot a dog onto ?men, but (I) travelled on as fast I could up the River St. Johns. At this time it was about sunset and I had seventeen miles to travel before I could put up and without an ax. It was the ninth day of the present month and the weather was extremely cold. Fortunately before it was late in the evening I found where a man had camped the night before and there was a little fire remaining and I got some dry wood and made a fire and stayed all night. Had it not been for finding the fire I must have suffered extremely if I had not finished before I could have got to the first house. Those Irishmen have threatened to take my life and my house if I go down to the River. I do not dare to go to mill and I am afraid of my life.
Jan. 18, 1828 Peter Bull
No. 45 page 403
I Thomas Tieling do testify and say that I settled on the Aroostook west of the boundary line in 1826. When I settled I supposed I was within the limits of the United States. During the last ? year officers hold their authority under the Province of New Brunswick are often sent here to serve precepts and to collect debts. Since the afftray about Arnolds cow I have frequently heard people on the British side threaten to take Joseph Arnolds life if they should catch him there. I have been afraid that I should suffer some bodily injury on account of threats which have been thrown out by British subjects and have prepared to defend myself accordingly. I have blinded my windows in the evening and kept weapons by my side and many of the settlers keep their guns loaded expecting to be attacked in the night. I was summoned to appear at Fredericton before the Supreme Court in the month of July last and attended court three days and was not able to get but one meal of victuals during that time. I went to the Judge of the Court and I asked him if he was going to keep me there with nothing to eat. He said he had nothing to do with me and then I returned home without one farthing money to bear my expenses.
Jan. 18, 1828 Thomas Teeling
No. 47 page 404
I Seth Steward do testify and say that I came to the Aroostook from the county of Somerset on Kennabec River in 1825 and purchased a ?possession and have made it my home here ever since. I have sold my ?possession for about half the sum I gave for it in consequence of the abuse and ill treatment experienced from the British authorities in the Province of New Brunswick. I think it a fine country and should be extremely glad to remain here if the line was settled. In the present month I went down to mill on the British side. When I got down to the mouth of the Aroostook to mr. Downeys several Irishmen came out and one had a club in his hand and said I have a notion to give you a clout for greems. I made no reply but drove off. I was informed that the Irishmen were watching for us at Downeys on our return. I was in company with Thommas Beckwith a settler on the Aroostook. We got a man to drive our sleigh by Downeys in the night and mr. Beckwith and myself kept in the woods till we had got past Downeys. Michael Russell was at the head of the Aroostook falls on the British side; he is an Irishmen and harbours many of his country and I consider it dangerous for the settlers on the Aroosook to pass his house. Downey is an Irishman and very much in?ed against the Aroostook settlers and harbours a gang of his countrymen. I consider it very dangerous for our settlers to pass his house and if there is not a stop put to such conduct soon the settlers on the Aroostook will get discouraged and will have to quit. After the affray about Arnolds cow, the settlers were in great fear and kept in parties for their safety, for they had been threatened to have their houses pulled down and their lives taken.
June 18, 1828 Seth W. Steward
No. 49 page 411
I James Campbell do testify and (say) that last fall I was at work at Patrick Conleys on the Aroostook. He requested me to go with him to hear him converse with Mr. Gooss upon the subject of selling him a possession. Mr. Conley offended to let Mr. Gooss have the possession if he would pay him down for it or if he would give him good security he would wait one year. Mr. Gooss said that he would. Mr. Conley told Mr. Gooss that he must have it before he did any more work. Mr. Gooss replied that he would not bother his head about it anymore but said that he had in his pocket what would settle it. Mr. Gooss did not pay nor give Mr. Conley security.
Jan. 21, 1828 James Campbell
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