Elijah BARTON (1784- )

1 Elijah Moore BARTON¹ (1784- ) [12077]. Born 10 Aug 1784.¹

From Collections and Proceedings of the Maine Historical Society, 1890.

"Early in the present century, much trouble arose in portions of the country between the Kennebec and Penobscot rivers, by a class of people called squatters; "men who," to quote the language of the late John H. Shepard, esq., "either without color or title, or under implied grants from pretended agents of speculators, have entered upon lots, cleared them up, built houses and raised families. Numerous lawsuits, ejectments and quarrels were the result. Many of these settlers believed that 'the higher law' - the law of consequences - justified any measures, even the shedding of blood, in defense of their clearings against the proprietors, and combinations for resistance were formed." The difficulties culminated, in 1809, in the murder of Paul Chadwick, while assisting a surveyor in Malta, now Windsor. He was waylaid and shot by an armed party consisting of Eljah Barton and others, disguised as Indians. Eight of their number, including Barton, were arrested, and lodge in Augusta jail. Their rescue was attempted, and the militia was called out for protection. At the October term of the Supreme Court, the prisoners were indicted for murder, and a special session for the trial was held during that month. Chief Justice Sedgwick and Associate Judges Sewall, Thacher and Parker were present. Samuel S. Wilde of Hallowell and Prentiss Mellen of Portland were engaged in defense, while Daniel Davis, solicitor general, appeared for the government. The defendants elected to be tried together.
The trial occupied ten days, and forty-four witnesses were examined. The fact of guilt was proved beyond any reasonable doubt, at least against some of the prisoners. All of them had been recognized in Indian disguise, on the afternoon of the murder, near the place where it was committed. Seven voluntarily confessed their participation in the crime. Two of their number were identified in the dying declaration of the deceased.
Judge Parker charged the jury, who, after being out two days, to the surprise of the court, bar and spectators, returned a verdict of not guilty. "Higher Law" had prevailed. The court made some pertinent and judicious comments upon the extreme danger of setting aside the law of the land, and breaking down the partition walls between right and wrong; remarking that "the last prayer of a good citizen should be that the discreet integrity of jurymen may be as well preserved from the contaminating influence of the threats or patronage of the great, as from the whimsical misguided current of public opinion.

2 Stephen BARTON , Sr¹ (1750-1805) [4378]. Born 1750. Marr Dorothy MOORE 28 May 1765, Oxford, MA.^1,2 Died 1805.³

From the Life of Clara Barton by Percy H. Epler, 1917.

"Stephen Barton was a Physician. His generosity forbade him to present his bills to patients, and though a good practitioner, he was unable to make a living from the profession. In 1764 he settled at Oxford Center, and engaged in trading, becoming in time the landlord of the old Tavern. IN 1776 he removed to Windson, Maine, with his sons, but returned to Oxford in 1790 and established a mechanical shop. He died in Main in 1805.
One of his sons was Stephen Barton, born August 18, 1774. This was the father of Clara Barton.".

3 Dorothy MOORE^1,4,5 (1747- ) [4377]. Born 12 Apr 1747.^1,4,5

6 Elijah MOORE^5,6 (1702-1781) [4376]. Born 14 Mar 1701/02, Oxford, MA.⁵ Marr Dorothy LEARNED 19 Jul 1733.⁵ Died 17 Nov 1781.⁵

7 Dorothy LEARNED^4,6 (1715- ) [4375]. Born 19 Jul 1715.^4,6

14 Ebenezer LEARNED^4,6 (1690-1772) [4373]. Born 31 Aug 1690.^4,7 Marr Deborah HAYNES 14 Oct 1714.^6,7 Died 15 Mar 1772.^4,6

15 Deborah HAYNES^4,6 (1690-1777) [4374]. Born 30 Jul 1690, Sudbury, MA.^4,6 Died 21 Aug 1777.⁶

Sources

1	"The Life of Clara Barton by William E. Barton, 1922".

2	"Early Massachusetts Marriages Prior to 1800".

3	"The Life of Clara Barton by Percy H. Epler, 1917".

4	"Information provided by Jeffery H. Lloyd".

5	"The New-England Historical and Genealogical Register, 1903".

6	Joel Munsell's Sons, 1882, "The Learned Family, compiled by William Law Learened in part from the papers of the late Joseph Gay Eaton Larned".

7	"Though Silent They Speak by Johney Larned, 2005".