405 Ammi Ruhamah Cutter to President Wadsworth

    North Yarmouth Jan. 30, 1732/3

    Reverend Sir

    I received your two Letters of Dec. 4 and 28 within a few days one after the other and immediately sent Mr Soul and Partner upon the Business which they have accomplished with great dispatch considering the difficult season of the year. And have delivered me the inclosed account275 of their proceedings wherein you will observe that they passed thro almost the whole Length of the Neck and have given a particular (and I believe the true) State of the Place. I shall only add that Mr. Soul told me several of Col. Harmons men seemed to be much concerned, lest they should be sued, and loose their wood and timber; For they work at their own Risq and only pay a small acknowledgement to Col. Harmon for the privilege and therefore would doubtless be willing to take Leases under the College and they be secured from Col. Harmon and Company. But whether it be proper to lease out any Lands till the Persons in Possession be ejected, I am not able to advise.

    He likewise informed me that Col. Harmon told him The lowest Part of the Neck, called Pots-Neck was formerly purchased from said Pots by the Province who gave said Pots other Lands in Lieu of it. And therefore the College having the Province Grant, there could be no dispute of the Title to that Part. But for the Truth of this information I can say nothing at all having never heard of it before.

    Mr. Soul further added “That if the Men continued working on the Neck, till spring, as they had begun, he believed they would have out 1000 Cords of wood, besides other Stuff which would be worth near £500—as it is on the shore.” I should therefore think it adviseable to stop the carrying it off (if the Law will allow any such Thing) till the Case be tried. As to your enquiry, “What Persons are proper to be sued by Writ of ejectment and whom for Trespass?” I judge from the within account as well as from the other information I have had, that Col. Harmon is the most suitable Person to be ejected from the lower Part without Cole and Puddingtons Claim, and that William Macknes and John Orr, are the Persons to be sued, on Cole and Puddingtons Claim. But I dont see how the College can sue any Person for Trespass, until Possession be taken of the Lands in behalf of the College: But this the Attorney will easily determine.

    Concerning “What Town Merricaneag is in?” I can only say That I believe the greatest part of it lies within the [bounds] of North Yarmouth and the rest in Brunswick. But in as much as the [bounds in] said Towns has never yet been run, it would be proper the Persons sued should be stiled in the writs, of North Yarmouth alias Brunswick.

    I understand your writ that was sent against Col. Harmon for January Court came too late to the officer so that it could not be served. Therfore if it be thot adviseable to sue any Person to April Court the Writs had best be sent down speedily to some body that will take care of them, lest they miscarry also; And if you should let slip the next Court, there wont be a Trial at the Superiour Court till May, 1734, by which time there may be several Thousand Pounds Damage done to the Land at the Rate the People are now working.

    If you shall write to me, let your Letters be left at Mr. Pitsons on the Long Wharfe Boston, and they will be speedily conveyed to—

    Your Humble Servant

    Ammi Ruhamah Cutter

    P.S. Mr. Souls Bill is as follows—North Yarmouth Jan. 25,26,27, 1732/3.

    To 3 Days Travel and Expence of 2 Men. £3.

    [Endorsed:] Received Feb. 28, 1732/3 Answered Mar. 7, 1732/3.

    [Addressed:] For the Reverend Mr. Benjamin Wadsworth, President of Harvard College in Cambridge, These.

    Merricaneag Neck Papers.