CHAPTER IV. PERMANENT SETTLEMENTS AND SPANISH WAR. PEACE was now well established and likely to continue. Samuel Waldo therefore having, as we have seen, now agreed with the other Proprietors, and obtained a title to five-sixths of the whole patent, was at length in exclusive possession of the lands on the St. George's and Medomac Rivers, and began the settlement here in good earnest. Having made experiments upon the lime-stone found near the river at what is now called the Prison quarry and finding it good, he caused a lime-kiln to be erected and lime burnt in considerable quantities for the Boston market. This lime-kiln, the first in this region, stood on the eastern bank of the George's, nearly abreast of the present State Prison, between the lower toll bridge and the site of Mr. Paine's old store; where its remains are still to be seen. This, with another soon added, lower down, was built and the business managed by Robert McIntyre, an emigrant from the north of Ireland, who may justly be considered the father of lime-burners in this quarter. He resided here till his death in 1750, when his widow administered on his estate and removed to Charlestown, Mass. He probably resided within the fort, near which he was buried and his grave marked by a stone; the desecration of which at a later period excited great indignation in one of his sons, Col. Wm. McIntyre, who settled at Pemaquid. Mr. Waldo also began to make surveys about this time, and other preparations for an extensive settlement which he intended to extend up to the head waters of the river. 1735. These, with similar preparations in other places, excited the jealousy of the Indians; though all care was taken to appease their alarm and secure their friendship. It appears that the house they had asked for, to lodge in when coming here to trade, had been built; as Capt. Gyles in a memorial to the General Court, July 2, 1735, states that "sundrys are necessary for the Repairs of the Block-house, Truck-house, and Indian house, at St. George's river." The subject of these repairs was referred to the next sitting, and again in December to a subsequent one, although the Governor reminded the Court that from the wretched condition of the post "your people, and the goods lodged there for the truck-trade, will become an easy prey on the first rupture that may happen." This Indian-house was without doubt located at some little distance from the fort, deeper within the forest; and was probably the building afterwards used as a barn not far from the present Congregational meeting-house. On the 18th of April, 1735, this lonely post, tenanted only by a handful of soldiers with the officers, truck-master, and servants, and visited only by the taciturn red-man with his packs of beaver skins, or a solitary sloop now and then coming up the river with a supply of goods, provisions, and news, - saw its monotony interrupted and changed to a scene of lively interest and activity. First came the Indian sachems with their attendants in gay and picturesque costumes, approaching by the Mill River trail and emerging from the woods, or coming from the mouth of that river across the bay in a swift gliding fleet of birchen canoes. These being duly received and provided for, were met by the well-dressed and gentlemanly, but scrutinizing, busy, and energetic Waldo, with his retinue of employees, and some thirty or more sturdy emigrants seeking for a home in these western wilds who had been gathered from Falmouth, Pemaquid, and other places,-coming in crafts of a different description, whose white sails moved gracefully up the river and were furled in front of the fortress. This assemblage was pervaded by feelings as different as were their several interests. Waldo on the one hand was eager for realizing by an extensive settlement a profitable return for his outlay, and perhaps ultimately erecting his estate here into an hereditary lordship. The Indians on their part, jealous of what they considered encroachments upon their rights, were firmly resolved to oppose and resist them; whilst the emigrants, who had many of them been long enough on this side the water to judge of the soil by the growth it had reared, approaching from the rock-bound and spruce-covered sea-shore, beheld with delight the stately oaks and majestic pines covering the banks hereabouts, and were already anticipating the crops they were to raise and the homes they were to make beneath their gigantic shadows. Mr. Waldo's first care was to confer with the Indians, and, by plausible explanations and arguments, interpreted by Capt. Gyles, persuade them of his good intentions and gain their acquiescence. In this, he apparently succeeded. His next business was to arrange a bargain with the emigrants; which, after careful consideration on both sides, was on the 18th of April, O. S. (29th N. S.) concluded by an instrument in which the conditions of their settlement of the "UPPER TOWN on the St. George's," as it was called, were carefully arranged. and defined, as described in the Annals of Warren. How long these pioneer settlers remained here at this time is uncertain; but there is some reason to think that they staid a while, and, after fixing each man's location by a drawing of lots at Pemaquid, commenced felling the trees and making some progress toward building the little dwellings on their new farms; as, on Waldo's return to Boston, in a bond which they seem to have exacted of him in the penal sum of £10,000 for the performance of his part of the contract, dated July 7th, they are named as already of St. George's River. This bond asserts that he had "complied with that part of his engagement as to the giving of deeds to the obligees for the lots first agreed for." Some of these deeds being dated on the 18th of June, and having been stipulated for as soon as the lots should be surveyed, we infer that they were first laid out in May or June of 1735. The survey, however, which was made by John North, was incomplete; the boundaries at the river and the division lines a short distance, only, being marked. Of these fifty Upper Town lots thus contracted for and deeded, all but five were situated within the limits of the present town of Warren, whose history has been published. These five, since incorporated in the town of Thomaston, were those of John Alexander on the boundary line of Warren, near to and often intersecting Oyster River, numbered in the old plan 46, now occupied by George Lermond, Esq., number 47, Henry Alexander, now that of Messrs. Woodcock, Oliver, Cobb, &c.; number 48, Moses Young, soon succeeded by John North, and now occupied by Capt. J. S. Feyler and others; number 49, Thomas Kilpatrick (or as written in the contract, Kirpatrick or Kirkpatrick); and number 50, John Kilpatrick; both of which together with their back lots subsequently passed into the hands of the Shibles family, with whom much of it still remains. Kilpatrick's deed is here inserted as a specimen of those given and as one of the earliest conveyances of lands to an actual settler, in the place. It will be seen that though Waldo had contracted to give the lots "gratis, without any quitrent or acknowledgement," he did actually reserve a quitrent of one pepper corn, which, however valueless, amounted to an acknowledgement, and was probably intended to preserve a sort of titular lordship over the territory. "To all Persons to whom these presents shall come, Samuel Waldo of Boston, in the County of Suffolk, and Province of the Massachusetts Bay, in New England, merchant, sendeth GREETING. “WHEREAS Thomas Kirpatrick of Harrington, in the County of York, and Province aforesaid, tanner, hath agreed with the said Samuel Waldo to settle the lands herein after mentioned to be grant ed by these presents, in the manner following: that is to say, to build thereon a dwelling house of eighteen feet square at the least within six months from the date hereof, and continually dwell therein either in his own person or by a tenant the full term of three years from building the same, and, within the space of two years next ensuing the date hereof, clear and subdue four acres of said land; now know ye, that in consideration thereof, and also of rent herein after reserved, the said Samuel Waldo hath given and granted and by these presents doth give and grant unto the said Thomas Kirpatrick, all that certain tract of upland situate lying and being at a place called St. George's River, in the Eastern parts of this Province, containing ninety acres, being butted and bounded, viz. : beginning at a stake on the Eastern side of the Western river so called, and thence running down said river forty rods to a stake; and from said two stakes to run into the Country a course north 32° E. till ninety acres of upland and swamp be made up; the said lot being number 49, and lies between Moses Young and John Kirpatrick's lots, and the reversion and reversions, remainder and remainders thereof, and all the estate, right, title, inheritance, claim, and demand whatsoever of him, the said Samuel Waldo, of, in, and to the same. To have and to hold the said ninety acres of land and premises herein before granted with all and singular the appur'ces unto the said Thomas Kirpatrick, his heirs and assigns, to the use and behoof of him, the said Thomas Kirpatrick, his heirs and assigns forever, yielding and paying therefor yearly and every year, on the twenty-ninth day of September, unto the said Samuel Waldo, his heirs and assigns, the rent of one Pepper corn, if the same shall be lawfully demanded; Provided, always, nevertheless, and these presents are upon this condition, that if the said Thomas Kirpatrick, his heirs and assigns, shall not build thereon a dwelling house of at least eighteen feet square within six months from the date hereof, and [constantly] dwell therein, either in his own person or by a tenant, the full term of three years from building the same, and within the space of two years next ensuing, clear and subdue four acres of said land, then in such case and immediately from and after the said Thomas Kirpatrick, his heirs and assigns, making default in any of the above named particulars to be done and performed on his and their part, the present deed and the estate hereby granted, shall cease, determine, and be void, and it shall and may be lawful to and for the said Samuel Waldo, his heirs and assigns, into the said ninety acres of land, or any part thereof, in the name of the whole to re-enter and to hold the same as in his and their first and former estate before the making of these presents, any thing herein contained to the contrary thereof in any wise notwithstanding; and the said Samuel Waldo the aforesaid ninety acres of land and premises hereby granted unto the said Thomas Kirpatrick, his heirs and assigns, against him, the said Samuel Waldo, his heirs and assigns, by these presents doth covenant forever to warrant and defend. "In witness whereof, the said Samuel Waldo hath hereunto set his hand and seal, the eighteenth day of June, in the ninth year of the reign of our Sovereign Lord George, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the year of our Lord Christ one thousand seven hundred and thirty-five. Signed, sealed, and delivered, in presence of PAUL GERRISH, SA'L WALDO. Seal. "SUFFOLK, SS. — Boston, July 8th, 1735, Mr. Samuel Waldo personally appearing, acknowledged the foregoing instrument to be his free act and deed. Coram, H. HALL, Jus. Pacis."* Besides and below the lots already mentioned, was a tract extending from the lowermost of them along the bank of the George's to the Eastern or Mill River branch, including the mill privilege, the land about the fort known as the Fortfarm, the lime-stone quarry at the present Prison, and the kilns at the river shore, all which, as well as the lime-quarries and mill sites generally, were reserved by the Proprietor for his own use or that of his tenants and employees. At this Mill River privilege, Mr. Waldo this season re-built the saw-mill, placing it at or near the site of Wheaton's, now Counce's grist-mill. He was here, in person, again in November, and held a second conference with the Indians, whom he thought well reconciled to his proceedings. 1736. But, however unable to withstand his arguments and diplomatic skill, these simple denizens of the forest could not but understand the effect of what they saw with their eyes. Waldo's mill and dam at Mill River, together with the preparations for another at the upper falls in what is now Warren, they could not but foresee would wholly cut off or greatly interfere with their highly prized salmon, shad, and alewife fisheries. Accordingly, marking a tree on the shore at the head of tide waters on the present Crawford lot in Warren, they positively forbade all intrusions of the whites above it; and, sending a delegation to Boston, June 25th, 1736, with Capt. Gyles for their interpreter, they represented. to the General Court that they had never consented to let Englishmen build houses above the tide waters of the St, George's; and yet Mr. Waldo and his people were encroaching upon Indians' lands and rights to a fearful extent; and they could no longer endure the sight of such flagrant wrongs. In spite of the active opposition of Waldo, the report of a committee favorable to the Indians' claims was accepted, July 3d; settlements farther up the river were forbidden till the lands were fairly purchased; presents worth £100 were sent to the tribe; and their delegates returned home well satisfied. Such was the general tranquillity after this, that the garrison here was reduced to one commissioned officer and ten sentinels. Capt. Gyles continued in command, and John Noyes was re-elected truck-master. * York Records, Register's Office, Book 22, page 156-7, |