1 

## EARLY SURVEYING PRACTICE 

## PERFORMED BY SURVEYORS FOR MASSACHUSETTS 

## AND MAINE IN 

## RELATION 

## TO TREATY 

## LANGUAGE OF LANDS DESCRIBED IN 1796 

## AND 1818 TREATIES 

## WITH THE PENOBSCOT INDIANS 

## ALONG THE PENOBSCOT RIVER 

## AND WHETHER THOSE PRACTICES 

## WERE CONSISTENT 

## WITH THE VIEW THAT THE STATE 

# UPON ACQUIRING 

## LAND APPURTENANT 

## TO THE RIVER DID 

## OR DID 

## NOT ACQUIRE THE BED OF THE PENOBSCOT RIVER ITSELF


### Kenneth 

# D Roy Cadastral Surveyor Bureau of

### Land Management Eastern States Cadastral Survey June 

## 13 2014 

## SCOPE 

## OFRESEARCH 

## AND FINDINGS

I 

### have been asked to perform research 

### and provide 

### an expert opinion 

### on the specific question of 

### whether land surveys executed 

### bysurveyors authorized 

### by Massachusetts 

### and Maine and the language they used 

### on their plats in their field notes 

### and subsequently in deeds 

### and conveyances 

### from the 

### Commonwealth of Massachusetts 

### and 

## Maine provide evidence that the 

## 1796 1818 and 1820 Treaties with the Penobscot Indian Nation 

### ceded to the State the 

### bed of the Penobscot River or alternatively 

### an understanding that the Penobscot Indian Nation never conveyed title to the 

### bed of the Penobscot River 

### The research for the basis of this opinion 

### was primarilyperformed at the Massachusetts and 

### Maine State Archives which possess all of the land office records relating to the survey and settlement of lands in 

### Maine during 

### and after the signing ofthe Penobscot treaties It should 

### be noted that in general the history of earlier surveys in this portion of the State is

### sometimes difficult to trace 

### The records of surveyor instructions plats 

### and field notes 

### found in the state archive’s collections are fragmented 

### and in 

## many cases incomplete There are also instances 

### where title to land 

### was conveyed on the basis of a plan of survey without 

### an actual survey actually marking the boundaries of 

### land This reportwill detail the land office surveying records found in the state archives It is not the purpose of this report to offer any legal opinion 

### on whether the treaty descriptions 

### and language indicates ownership ofthe 

### bed of the river itself but to research the actions 

### and statements of the surveyors 

### and surveys 

### and to analyze 

### whether this extrinsic evidence is consistent with either the cession or the retention ofthe 

### bed of the Penobscot River 

### bythe Penobscot Indians 

### The area ofquestion 

### known as the 

### main stem of the Penobscot River lies 

### fromthe 

### head oftide referenced in

## many plats 

### and documents as “Nichols 

### Rock” north of

### Bangor to the fork of the River into the East and 

### West Branches located 

### 60 miles north in 

## Medway The land encompassing this area is2 referenced throughout 

## many township surveys as the Old Indian Purchase 

## OIP Figure

# No 

# 1 River Townships East of the Penobscot River 

## EPR North ofthe 

### Waldo Patent 

# NWP Indian Purchase 

## IP and West of the East Line of the State 

# WELS shown in part in Figure 

## No 1 

### and hereinafter described 

## My qualifications to provide this opinion are as follows I have 

### been a licensed surveyor in 

### Maine License 

## No 2333 since 

## 2002 I have 

### a

# BS and

# MS in Surveying Engineering 

### fromthe University of

### Maine in 

### 1992 and 1997 respectively I 

### was the lead surveyor of the Bureau of

### Land Management 

## BLM Maine Project Office 

### from2002 to 

### 2009 where I performed 

### 21 federal authority surveys in 

### Maine forthe 

## BLM of lands held in trust by the United States for the benefit ofthe four Indian tribes in the State I have 

### been with the 

## BLM Eastern States Office Branch of Cadastral Survey since 

## 1992 with

### two brief periods in the private sector 

### and the

# US Fish 

### and Wildlife Service 

### where I have performed 

### numerous other federal authority surveys of federal interest lands throughout the Eastern portions of the United States Currently I

## am the 

## BLM Indian 

### Land Surveyor BILS forthe Bureau of Indian Affairs 

## BIA Midwest Regional Office in 

### Bloomington Minnesota 

### where I 

### work with the 

### 35 tribes in 

### Michigan Wisconsin 

### Minnesota and 

## Iowa I 

### have performed hundreds of land description reviews of surveys 

### deeds and treaty language both old 

### and 

## new and offered opinions 

### and recommendations on the validity of 

### such answered countless inquiries from tribes 

### and the general public regarding survey 

### procedures land descriptions and title of Indian 

### lands and provided title research 

### and survey opinion support to the 

### DOI Field Solicitor’s Office for several trespass quiet title action 

### and riparian omitted lands 

### and apportionment cases 

## No compensation 

### was received for this research 

### and was performed as part of

## myregular duties for the 

## BLM and the 

### BIA DESCRIPTIONS 

## OF LANDS IN TREATIES 

## WITH THE PENOBSCOTS
This part briefly defines the 

### documents and language of descriptions of land along the Penobscot River in the 

## 1796 1818 and 1820 Treaties with the Penobscot Indians 

## On August 

# 1 1796 the 

### Commonwealth of Massachusetts treated with the Penobscot Indians 

### where the tribe agreed 

### to grant release relinquish 

### and quit claim to the said 

## Commonwealth their the said Tribes right Interest 

### and claim to all the lands 

### on both sides ofthe River Penobscot emphasis 

## added beginning near Colonel Jonathan Eddy’s dwelling 

### house at Nichol’s 

### rock so called 

### and extending 

### up the said River thirty miles 

### on a direct line according to the General Course of said River 

### on each side thereof excepting 

### however and reserving to the said tribe all the Islands in said River 

### above Old

## Town including said Old 

## Town Island within the limits ofthe said thirty miles1

1 “Documents ofAmerican Indian Diplomacy Volume 1” Vine Delonia Raymond J DeMallie University ofOklahoma Press 1999 Pg 10943 This area of land 

### became known as the “Old Indian Purchase,” comprising nine townships as portrayed in Figure

# No 

# 1 The 

### Commonwealth wasted 

### no time in surveying the lands to ready

### them for sale 

### The description in the 

### 1796 Treaty defines the retention 

### by the Tribe ofthe islands in the river within the Old Indian Purchase which implies the retention of the 

### bed ofthe River 

### and the riparian rights associated with those Islands 

## What remained as Indian Lands including the islands in the 

### 1796 Treaty 

### was the lands north of the Old Indian Purchase or

### 30 miles

### fromthe 

### head ofthe tide and at least sixmiles 

### on either side of the river as stated in the 

### 1775 Watertown Resolve During the time

### fromthe 

### 1796 Treaty 

### up to the 

### 1818 Treaty there are several complaints 

### and disputes

### which document the Tribes concern 

### about trespass 

### on the territory 

### and rights defined in the 

### 1796 Treaty including the dispute over several islands located at the falls just 

### below Old 

## Town Island 

## On June

## 29 1818 the Penobscot Nation signed 

### a Treaty with the 

### Commonwealth of Massachusetts 

### where the tribe agreed 

## to

“grant sell 

### convey release 

### and quitclaim to the 

### Commonwealth of Massachusetts all their the said tribes rights title interest 

### and estate in and to all the lands they claim occupy and possess 

### byany 

### means whatever 

### on both sides of the Penobscot river emphasis 

## added and the branches thereof 

### above the tract of thirty miles in length 

### on both sides of said river emphasis 

## added which said tribe conveyed 

### and released to said 

### commonwealth by their

### deed of the eight of August 

## 1796 excepting 

### and reserving 

### from this sale 

### and conveyance forthe perpetual use ofsaid tribe of Indians four townships of land of six miles square

### each in the following places emphasis 

## added The first beginning 

### on the east bank of the Penobscot River opposite the five islands so called 

### and running 

### up said river according to its course 

### and crossing the 

### mouth of the 

### Mattawamkeag River 

### an extent of six miles

### fromthe place of beginning 

### and extending back 

### from said river six miles

### and to laid out in conformity to a general plan or arrangement 

### which shall 

### be 

## made in the survey of the adjoining townships 

### on the river Separated to 

### show the four townships distinctly as described 

## One other of said townships lies 

### on the opposite orwestern shore of said river and is to begin as nearly opposite to the place of beginning of the first described township as can 

## be having regard to the general plan of the townships that 

## may be laid out 

### on the western side of said Penobscot River running 

### up said river according to its course sixmiles and extending back 

### from said river six miles 

## Two other of said township are to begin at the foot of

### an island in

### west branch of Penobscot River in 

### Nolacemeac Lake and extending 

### on both sides of said lake bounding 

### on the ninth range of townships surveyed 

### bySamuel Weston Esq which 

### two townships shall contain six miles square

### each to 

### be laid out 

### so as to correspond in courses with the townships 

### which 

## now are or hereafter 

## maybe surveyed 

### on the public lands of the State.” 2

2 Massachusetts State Archives Eastern Lands Papers Office of Secretary of State 

### SC1 Series 34x4 These reserved townships 

### became known Townships 

## Nos 

# 1 2 3 and 

# 4 Indian Purchase 

### IP as 

### shown on Figure

# 2 Townships 

## Nos 1 and 2 T1 IP 

### T2 IP are referred to as the lower Indian Purchase Townships 

### and are

## now known as the 

### Towns of

### Mattawamkeag and Woodville respectively Townships 

## Nos 3and 4 are referred to as the upper Indian Purchase Townships 

### and are still 

## known today as Townships 

## Nos 3 

### and

# 4 Indian 

### Purchase T3 IP 

### T4 IP

FigureNo 1 Massachusetts State Archives Archives Map Collection AMC Map No 1618a Osgood Carleton No date Figure 

# No 2 

### shows the Township designations for the four townships reserved for the Penobscot Tribe 

## now known and referred to as Townships 

## Nos 

# 1 

# 2 34 Indian Purchase 

## IP in the 

### 1818 Treaty along with the designations ofsurveys performed along the Penobscot River subsequent thereto aswell as lands in the Old Indian Purchase defined in the 

### 1796 Treaty with their currently 

### known 

## names hereinafter described After the District of 

### Maine separated 

### fromthe 

### Commonwealth of Massachusetts in 

## 1820 the newly 

### formed State executed 

### two Treaties with the Penobscot Tribe 

### on August 

## 17 1820 One obliged5 FigureNo 2 Principal Original Grants and Sales of Lands in Maine Moses Greenleaf 1829 http

### www davidrumsey com maps880039 24207 html TA R 6WELS

Medway 

### W

IP IP6 the State of 

### Maine to 

### assume the duties and obligations ofthe 

### Commonwealth of Massachusetts towards the Indians in the State 

### and the other released “all claims and stipulations... said tribe have 

### on oragainst said 

### Commonwealth.” 3 In 

## 1829 the Penobscot Tribe petitioned the State of

### Maine to authorize the sale ofthe 

### two lower townships retained in the 

### 1818 treaty 

### which eventually led to the sale of all “four townships belong to said Indians” 4 

### on June 

## 10 1833 forthe 

### sum of 

### 50,000 HISTORY 

## OFEXPLORATION 

## AND SURVEY OF ISLANDS IN 

## THE PENOBSCOT RIVER
In 

## 1764 Joseph Chadwick 

### was directed by order of the 

### Government of the Massachusetts Bayto explore the interior ofthe country to see if it 

### were practicable to 

### make a road 

### from Fort 

### Pownall 

## now known as Fort Point State Park near Stockton Springs to

## Quebec His journal from this expedition which included eight Penobscot guides is located in the Massachusetts States Archives in the Archives Collection 

### Volume

## 243 Page

## 86 A portion of his plan is 

### shown in Figure 

## No 

# 3 Page 6 of the journal notes the trepidation the Penobscots 

### had about settlements extending 

### beyond the 

### head ofthe tide 

### shown in Figure

# No 3 at “D,” as they “ordered 

## me to 

### go and mark out 

### a line 

### and acquaint the people that they

### were not to

## make any settlements above the falls In obedience to the above orders I 

### marked out 

### a line 

### and acquainted the people 

### and gave the Indian a sketch.” Figure 

# No 4 is a sketch of the Penobscot River taken from the account of Joseph Treat 

### and John 

### Marsh dated August 

## 29 1786 No field 

### notes journals or

### documents were recovered detailing any other particulars of this exploration Shortly after the 

### 1796 Treaty Park Holland 

### under authority 

### from Massachusetts Resolve approved 

### March 

## 11 1797 defined the limits ofthe line

### 30 miles north ofthe 

### head of the tide 

### The plan shown in Figure 

# No

# 5 depicts 

### no islands 

### and makes no mention in regards to the ownership of the river

3 Massachusetts State Archives Eastern Lands Papers Office of Secretary of State 

### SC1 Series 34x 4 Commissioners Report and Agreement regarding Purchase ofPenobscot Indian Lands 

### http windowsonmaine libraryumaine eduviewaspxobjectId 

### 4

## 92currentFile27 FigureNo 3 Massachusetts State Archives 3rd Series Collection Volume 13 Page 22 Map No 762 

### The certification 

### on the plat by Park Holland 

### reads 

## We the subscribers being appointed 

### chainmen and surveyor to run out the lands 

### on the Penobscot River to extinguish the Indian claim in said lands in behalf ofthe 

### Commonwealth of Massachusetts 

### by the parties 

### The Commissioners appointed 

### by the 

## Commonwealth on one part 

### and the chiefs of the Penobscot Tribe of Indians 

### on the other part Park Holland surveyor Major Seth Catlin 

### and CaptThomas White chainmen having 

### been duly qualified for said 

### purpose do certify that the foregoing plan isjust 

### and true according to ourbest skill 

### and judgment having 

### been done under the 

### immediate inspection ofthe 

## Hon William Sheppard 

## Esq on the part ofthe 

### Commonwealth of Massachusetts 

### and Sabatis 

### Neptune on the part ofthe Indian Chiefs

### and after running from Nichols 

### Rock at the 

### head of tide thirty miles 

### up said river agreeable to said 

### plan the 

### bounds are as follows as agreed 

### bythe parties viz 

### on the 

### West side of the River 

### above the Thirty miles as aforesaid are

### two yellow birch 

### marked a few rods 

### below a small cove at high water 

## mark with stones 

### around the 

## same and a large stone betwisch 

## bet the trees Westerly is rising ground 

### on the Easterly side ofthe River is a large Rock the lower part justout ofthe 

### water at low

### water being about seven feet high 

### and is remarkable rock for this river it appears to 

### be composed of small rocks 

### and has a hole in the south side of it 

### and there is

### two large white pines 

### and an oak tree 

### marked facing the rock before 

### mentioned8 FigureNo 4 Massachusetts State Archives 3rd Series Collection Volume 24 Page 50 Map No 25459 FigureNo 5 Massachusetts State Archives 3rd Series Collection Volume 19 Page 29 Map No 1459

### 10 The intentions of the parties in regardsto the ownership of the 

### bed of the Penobscot River is not any clearer 

### from

# Mr Holland’s account as the focus appears to 

### be to locate 

### and describe the northern extent of

### what would be the Old Indian 

### Purchase That focus 

## may explain 

### why no islands 

### were surveyed orlocated 

### by

# Mr Holland The plat

### and description 

### do note 

### two birch trees at the high 

### water mark ofthe 

### west side of the river 

### and an abnormal rock 

### on at low water 

### on the east side Unless specifically defined in a legal land description segregation of uplands 

### and lowlands are 

### presumed to 

### be the high water 

### mark which closelyequates to the 

### bank thereof 

## SUBSEQUENT SURVEYS 

## AND EXPLORATION Not seven 

### months after Maine’s admission to the 

### union Joseph Treat received instructions 

### from Governor William King 

### on September

## 11 1820 to proceed 

### up the Penobscot River –thence through the Lakes 

### and River 

### St John for the purpose of examining 

### and ascertaining the quality of the soil and growth 

### on the Public Land in that vicinity5 

### He was guided 

### on the expedition 

### by Penobscot Tribal leader John 

### Neptune and his

### 214 page journal with several detailed 

### maps of their travels 

### fromSeptember 17 to 

### November 20 are

### a meticulous record 

### and view into the land 

### and tribal existence 

### and occupation at the beginning ofthe relationship 

### between the Tribe 

### and the 

## new State of 

## Maine The first significant survey of the Islands ofthe Penobscot River 

### was performed by Zebulon Bradley pursuant to 

### Maine Public 

### Law 

## 1835 Chapter

## 158 approved 

### on March 

## 10 1835 which in part states 

### Sec 

# 1 The Land Agent shall cause the Islands in the Penobscot River 

### from Old 

### Town Falls to 

### Mattawamkeag Point to 

### be accurately surveyed 

### and numbered and their present value estimated 

### and duplicate plans thereof to 

### be 

## made and returned 

### one to the Land Office 

### and one to the Indian 

### Agent Sec 

# 2 That the Indian 

### Agent shall cause to 

### be survey 

### and laid

## down on both plans 

### a suitable quantity of islands as

## may be 

## deemed valuable formills

## booms and fisheries also a suitable tract of land for a

### farm referred to herein as “Public 

## Farm”on which to keep the old Indians invalids

### and orphan children 

## who are unable to support themselves also suitable tracts of

## wood and timberland forthe use ofthe tribe 

## He shall also cause to 

### be surveyed 

### and designate 

### on said plans 

### a suitable lot or lots for each Indian of said Tribe 

### male or female of the age of

### twenty one years 

### and upward 

## who may apply for a lot for the purpose of cultivation...

### And all lots thus surveyed laid 

## down and marked upon said plans shall 

### be the property of

### him orher to

## whom assigned during the pleasure ofthe Legislature 

### Sec 

# 3 That in all cases 

### where an Indian has already 

### commenced the cultivation ofthe soil such Indian shall 

### have his or her lot laid out so as to include his or her

### improvement

5 “Wabanaki Homeland and the New State ofMaine The 1820 Journal of Plans of Survey of Joseph Treat” Micah

## A Pawling 2007

### 11 Sec 

# 4 That it shall not 

### be in the 

### power of

### and Indian to sell his or her lot Nor shall any Indian 

### commit strip or

### waste on his or her lot nor cut or carry offgrowth 

### on said lots any faster than is necessary forcultivation 

### And any Indian cutting or carrying off from any of the Indian Lands either public or private any part of the 

### growth thereof except 

### by permission ofthe Indian 

### Agent shall 

### be taken 

### and considered 

### a trespasser 

### and dealt with accordingly 

### Sec 

# 7 That the Indian Agent 

## may lease for

### term of years sufficiently long to induce persons to take 

### them 

## up any reserved privileges for mills 

### boomsand fisheries provided the Governor 

### and council 

## may approve the 

## same and all the rents accruing 

### under such leases shall 

### be paid into the Treasury ofthe State and 

## maybe expended forthe benefit of said Tribe under the direction of the 

### Governor and council 6 There are four sets of these island survey plans each consisting of 

### 11 individual sheets 

### The act instructed the Indian Agent to obtain the survey in duplicate with 

### one to the 

### Land Office 

### and one to the Indian 

### Agent The Land Office originals are located in the 

### Maine State Archive Plan 

### Book 

## 10 Pages 

## 41 51 This set is the only

### one originally signed 

### byZebulon Bradley

### on November 

## 18 1835 and does not portray any lots 

### on any island

### The Indian Agent set noted as

### copy is in Plan 

### Book 

## 10 Pages 

## 1525 and included in Attachment 

# No 1 and portrays several lots with assignees’ 

## names The third 

### and fourth 

### copy set of the plans are in the offices ofthe 

### James

# W Sewall 

## Co in Old 

## Town Maine The third set referenced as Indian Plan 

### Book 

# No2 includes additional lots surveyed by Caleb Leavit in 

## 1836 and the fourth set Indian Plan 

### Book 

# No 

# 1 includes additional lots surveyed 

### by Lore Alford in 

## 1866 Zebulon Bradley’s field notes 

### and instructions for his 

### 1835 survey ofthe 146 Islands in the Penobscot River are located in the 

### Maine State Archives 

## MeSA in Field 

### Note Volume

## 76 Page 

## 229 The instructions to

# Mr Bradley direct 

### him to “ to accurately survey all the Islands in the Penobscot River 

### from the Old 

### Town Falls to 

### Mattawamkeag Point

### and to estimate the value of each separate 

### and distinct 

### fromthe other” These notes detail the 

### acreage quality 

### and value of each island as instructed Field 

### Note Volume 70 in the 

## MeSA are notes 

### and instructions to Love Alford in 

### 1840 to enter 

### on the duplicate 

### copy of the plans ofthe islands prepared 

### byZebulon Bradley deposited in the Land Office in Bangor the survey ofthe lots prepared 

### by Caleb Leavitt in 

### 1836 and the surveys 

## made byhim in 

## 1838 1839 and 

### 1840 and also to enter the field notes in a 

### book forthat 

### purpose These notes describe by 

### metes and bounds the several lots surveyed but 

### do not provide additional 

### meanders along the shores of the islands 

## No notes 

### were found forany lots surveyed 

### by Lore Alford in 

## 1866

6 Sections of Maine Public Law 1835 Chapter 158 not relevant to this inquiry were omitted

### 12 While the islands

### were surveyed each ofthe 

### 11 individual sheets states “the shores of the river bounding 

### on the 

### main land are not laid 

## down by actual survey” This statement 

### makes it clear that the focus of this survey 

### was only to address the Indian reserved islands in the Penobscot River and not the shore ofthe sides ofthe rivers These plans also include the following statement 

### from Mark Trafton Indian 

### Agent Bangor 

### December 

## 25 1835 In accordance with the provisions of

### an Act passed 

### March 

## 10 1835 entitled and Act additional to the several Acts forthe better regulation 

### and management ofthe Penobscot Tribe of Indians I 

### have 

## made the following reservations for Mills

## Booms and Fisheries to wit Islands 

### Numbered 

# ... Each sheets notes a particular island 

### number as 

### shown thereon painted in red 

### and a strip of

### two rods

### wide around and upon the shoresof all other Islands represented 

### on this sheet 

### and shaded 

### red
This statement provide evidence ofthe State’s understanding ofthe tribe’s inherent right of ownership 

### beyond the shoreline

### commonly referenced as “water privileges,” including the 

### bed of the Penobscot River that would normally 

### be a part or attached to the islandsas a result of the treaties There are several 

### documents and reports to the Standing 

### Committee on Indian Affairs located in the Executive Council Records in the 

### Maine State Archives 

### which detail “certain 

### water privileges” leased to particular individuals 

### from 1836 to 

### 1838 pursuant to

# PL 1835 ch 158 It should 

### be noted that 

### 13 days after the passage of 

# PL 1835 

## ch 158 the Legislature repealed

“that which authorizes the Indian Agent to sell timberstanding 

### and growing 

### on land belonging to the Penobscot tribe of Indians” 

### on March 

## 23 1835 Relating thereto Title

## 22 Chapter

## 1353 4779 ofthe 

### Maine Revised Statute repealed in 

### 1979 stated in part

“Surveys ofthe Island in Penobscot River 

### from Old

## Town Falls to 

### Mattawamkeag Point and field notes thereof as

## made under chapter 

### 158 ofthe public laws 

### on 1835 and chapter 

### 396 ofthe public laws of 

## 1839 plans of

### which were returned to the land office 

### and to the Indian 

### agent shall 

### be deemed authentic in all matters to which they relate 

### The water privileges emphasis 

## added belonging to said islands valuable formills

## booms fisheries tracts of

## wood and timberland 

### and other lots indicated 

### on said plans as reserved for public 

### use except the public farm which is subject to allotment 

### by chapter 

### 22 of the private 

### and special laws of

## 1878 are not subject to assignmentor distribution to 

### members of said tribe but shall remain for the benefit of the 

### whole tribe.”

### 13 HISTORY 

## OFSURVEYS 

## OF LANDS 

## AND TOWNSHIPS 

## ALONG THE PENOBSCOT RIVER 

## AND TERMS USED IN 

## THE CONVEYANCE 

## OFLANDS 

# FROM THE 

# COMMONWEALTH OF MASSACHUSETS The following list ofsurveying instructions plats field notes 

### and deeds organized 

### by townships along the Penobscot River recovered at the Massachusetts 

### and Maine State Archives demonstrates the varied use of

### language and calls as it pertains to the lands 

### on both sides of the Penobscot River 

### and the islandstherein The Old Indian Purchase 

### was surveyed into nine townships with each divided into quarters by Park Holland John 

### Chamberlain and Jonathan 

### Maynard under the direction of Salem 

### Towne in 

## 1797 The associated notes 

### sometimes describe only portions of the quarters oftownships 

### and do not contain any calls

## down oralong the river but instead only describe the line to or

### fromthe Penobscot River I've 

### examined the survey 

### and deed descriptions for the townships along the Penobscot River in the 

### wake ofthe treaties 

### and towns and townships along the 

### Kennebec Androscoggin 

### and Saco Rivers in 

### Maine and the evidence yielded points both 

## ways which is to 

### say it is

### ambiguous In 

### some instances the language used to 

### mark the boundaries 

### would typically 

### be construed 

### bya surveyoras separating the river 

### fromthe 

### upland But in other 

### cases the language does not indicate such separation It 

### seems clear to

## methat the surveyors 

### had no opinion 

### one way orthe other with regard to 

### whether the Penobscot River 

### was included in the cession 

### Below are a

### few examples ofseparation 

### and 

## unseparation language along the Penobscot River post 

### 1796 and 1818 treaty which includes a “separated,”

“unseparated,” or“inconclusive” in parentheses to indicate case laws interpretation in regardsto the ownership ofthe ofthe river 

### Township 

# No

# 4 West ofthe Penobscot River 

### Old Indian Purchase 

### Orono Old

## Town Survey notes of 

### T4 ESPR by

# P Holland 

## J Chamberlain and 

## J Maynard 1797 

## MeSA Vol

# 1 Page 77 – Post 

### 1796 Treaty North line as run

### west by Chamberlain “Begin 

### on the 

### west side ofthe river at

### a beech tree 

### marked...” inconclusive Survey notes of lots in

### T4 

## WSPR by James Irish 

### 1818 

## MeSA Field 

### Book 2493 –Post 

### 1818 Treaty Descriptions of 5 lots along the river described in the 

### same following fashion

“Beginning at a cedar stake standing near Penobscot River...to 

### a cedar stake standing near Penobscot River thence northerly 

### by said river to the first 

### bounds mentioned” unseparated 

### Township 

# No 

# 1 West ofthe Penobscot River Old Indian Purchase Edinburg Survey notes of 

### T4 ESPR by

# P Holland 

## J Chamberlain and 

## J Maynard 1797 

## MeSA Vol

# 1 Page 61 – Post 

### 1796 Treaty

### 14 North line as run

### west by Maynard “

## Commenced at a large crotched Birch 

### on the west side of Penobscot River 

### marked...” South line as run east by 

### Maynard “to the river 

### marked a small Rock 

### Maple Tree” Line 

### between the 3rd and 4th quarter run east 

### by Maynard no mention of river or

## monument Line 

### between the 2nd 

### and 3rd quarter run

### west by Chamberlain “

## Commenced at

### a Black 

## Oak south of

### a cove marked.” Line 

### between the 1st and 2nd quarter run east by Chamberlain 

### no mention of river or

## monument all inconclusive Survey notes of lots in

### T1 

## WSPR by James Irish 

### 1818 

## MeSA Field 

### Book 2493 –Post 

### 1818 Treaty Descriptions of 

### 34 lotsalong the river described in the 

### same following fashion

“Beginning at a white birch tree standing near Penobscot River...to a poplar treestanding near Penobscot River thence northerly 

### by said river to the first 

### bounds mentioned” unseparated 

### Township 

# No

# 4 East of the Penobscot River Old Indian Purchase –Bradley Massachusetts 

### Deeds 

## MeSA Vol

# 6 Pg457 dated 

### March 

# 5 1808 –Post 

### 1796 Treaty 

### Deed from Salem 

## Towne Land Agent to Timothy Battle 

## Co being the 

### 2nd qtr of said 

### Township

“Beginning at a pine 

### stump on the easterly 

### bank of the Penobscot River... to the 

### bank on Penobscot River to a stake and stones 

### fromthence 

### up said river to the first 

### mentioned bounds.” 

### separated This lot is noted as “Sold by

## Gen Towne” on the plat for the 

### 1818 survey described 

### below Survey notes of lots in

### T4 ESPR by James Irish 

### 1818 

## MeSA Vol 

## 100 Page 122 –Post 

### 1818 Treaty Descriptions of 

### 26 lotswith 

### 12 along the river described in the 

### same following fashion

“Beginning at a cedar stake standing near the Penobscot River...to 

### a cedar stake standing near Penobscot River thence northerly 

### by said river to the first 

### bounds mentioned” unseparated Several 

### deeds from the 

### Commonwealth of Massachusetts to individuals forlands retained after separation recovered 

### fromthe 

### Maine State Archives Massachusetts 

### Deeds Volume recite the exact language of the aforementioned survey notes forthe descriptions ofthe lots

### and some refer specifically to James Irish’s survey 

### Vol 

## 1B Pgs 

## 81 

## 82 88 and 

## 90 Vol

## 2B Pg48 Township 

# No

# 3 East of the Penobscot River Old Indian Purchase –Milford Survey notes of 

### T3 ESPR by

# P Holland 

## J Chamberlain and 

## J Maynard 1797 

## MeSA Vol

# 1 Page 80 – Post 

### 1796 Treaty North line as run

### west by Holland “strike the river I 

### marked a 

### Maple 

## No 2 

### and 

# No 3 

## 1797 This 

### between Long Island 

### and Musquash Island.” Line 

### between the 1st and 2nd quarter run east by Chamberlain “

## Commence at

### a Maple Tree 

### on the east side of Penobscot River marked...”

### 15 Line 

### between the 2nd 

### and 3rd quarter run east by 

### Maynard “Begin the

# NW corner of the 3rd qtr of

## Twp 

# No 3 on the east side ofthe Penobscot Rive 

### where I 

### mark a 

### beech tree...” all inconclusive Massachusetts 

### Deeds 

## MeSA Vol

# 4 Pg261 dated 

### December 

## 23 1831 –Post 

### 1818 Treaty 

### Deed fromCommonwealth of Massachusetts to Benjamin Fisk North of

# Twp Except 

### 3 Lots

“Beginning 

### on the northwest corner ofthe 

### Township at a 

### maple tree near the 

### bank of the Penobscot 

### River... to a 

### beech tree near Penobscot River 

### marked... thence northerly 

### bythe side of the Penobscot River to the place of beginning.” 

### unseparated
River 

### Township 

# No

# 2 East of the Penobscot River –Lincoln Survey notes of lots in

### T2 ESPR by Andrew McMillan 

### 1824 

## MeSA Vol 

## 101 Page 9 Descriptions of 

### 16 lotsalong the river with 

### some described in the 

### same following fashion

“

### Run from a Yellow 

### Oak on the 

### bank ofthe river... run 

### on the river 

### from said oak to 

### an ElmTree” 

### and others described

“Beginning at 

### hemlock 

# N

# W corner

# No 9... thence 

### on river 

### from said hemlock” 

### unseparated Ranges

# 7 8 9 North ofthe

### Waldo Patent 

# NWP Includes 

### Chester Howland and 

## T2 R8 

## NWP Massachusetts State Archives 

## EA

# 2 Series 

### 694x Item 

## 2236 dated 

## May

# 1 1794 –Pre 

### 1796 Treaty Instructions from Daniel 

### Cony in behalf of the 

### Committee to 

### Samuel Weston to survey three ranges of township 

### between the Penobscot River 

### and the east line ofthe million acres 

### on the 

### Kennebec River

“to 

### be bounded West on the said million acres South 

### on the sixth range already surveyed 

### and a line to 

### be extended east from the north east corner oftownship 

### number one in the sixth range to the Penobscot River Easterly

### on Penobscot River and North 

### on unlocated 

### lands... And you will accurately survey the western 

### bank orwater’s 

### edge of Penobscot River” separated These instructions 

### and surveys for lands north of the Old Indian Purchase 

### were executed 

### two years prior to the 

### 1796 Treaty 

### and 24 years prior to the 

### Commonwealth acquire said lands 

### fromthe Penobscot Tribe in 

## 1818 The reasons foraccurately surveying the western bank orwater’s 

### edge of the Penobscot River 

## may possibly 

### be considered as

### an acknowledgement of the Tribe’s possession and ownership ofthe river priorto the 

### 1796 treaty Indian Purchase 

# No 1 Mattawamkeag and Indian Purchase 

# No 2 Woodville Massachusetts State Archives 

## EA

# 2 Series 

### 694x Item 

# 1 12 dated August

## 15 1818 Instructions from Lothrop 

### Lewis Surveyor 

### General to 

### James Irish to survey the township of the land reserved 

### by said Indian by the 

### 1818 Treaty

“Begin 

### on the easterly side of the river almost with the center ofthe five islands

### and survey

### and mark out a township of the contents six miles square” 

### The survey

### shown in Figure

# No

# 6 but notes for this survey 

### were not found orlocated The lines of the 

### Township 

## Nos 1 and 

# 2 IP 

### T1 T2 IP do not cross the Penobscot River but 

### do cross the 

### Mattawamkeag River This is importantbecause ofthe wording in the aforementioned Treaty of

## 1818

### 16 FigureNo 6 – Plan Book 6 Page 22
–T1 IP T2 IP –James Irish –1818

### 17 “grant sell 

### convey release 

### and quitclaim to the 

### Commonwealth of Massachusetts all their the said tribes rights title interest 

### and estate in and to all the lands they claim occupy and possess 

### byany 

### means whatever 

### on both sides ofthe Penobscot river 

### and the branches thereof emphasis

## added above the tract of thirty miles in length 

### on both sides of said river.” This wording specifically notes the inclusion ofthe branches ofthe 

### Penobscot and provide evidence that the 

### bed ofthe Penobscot River itself had not 

### been included in the cession because if the Penobscot River 

### were to 

### be a part ofthe cession there 

### would be no need to say “

### and the branches thereof” because the 

### beds of the water bodies branches included would already 

### be included in the language “

### on both side ofthe Penobscot River” if that language 

### were construed to 

## mean the 

### bed was ceded This 

### would explain

## why the townships boundary lines are 

### drawn through the 

### Mattawamkeag and the 

## many branches 

### shown thereon in Figure 

# No 6
It is fair to note the plat for the following survey of

### T1 IP into Lots 

### byJoseph Kelsey in 

### 1834 after the State purchased the townships 

### shown in Figure 

## No

# 7 do have lines crossing the 

### Mattawamkeag River Survey notes of 

### T1 IP into lots

### byJoseph Kelsey 

### 1834 

## MeSA Vol 

## 75 Page 39 Descriptions of 158 lots with 

### 19 along the river described in the 

### same following fashion

“Beginning at a pine tree standing 

### on the 

### bank of the Penobscot River...to 

### a pine tree 

### on the 

### bank ofthe Penobscot River 

### Thence bythe shoreto the place of beginning” separated 

### The notes also include the “Field Notes ofthe Survey ofthe Shore ofthe Penobscot River”

“Beginning at a Pine Tree 

### marked 1818 standing 

### on the 

### bank of the Penobscot River being the 

# N

# W corner of

### Township 

# No 

# 1 Indian 

### Purchase thence...after eight 

### meander courses)...thus farthe bank has 

### been high covered with black 

### growth... to a 

### hemlock tree being the Southwest corner of the Township.” separated 

# TOWN INCORPORATIONS 

## AND PROCLAMATIONS
Settlements

## and or Townships could petition the 

### Commonwealth of Massachusetts 

### and the State of 

### Maine to 

### be incorporated as

### a

## town The legislature

### under its authority 

### would then enact the law proclaiming the 

### town and define the provisions of the partitioned or newly created 

## town The 

### most prevalent item in these laws is the definition of the boundaries of the

## town The following is

### a summary listing of those

### town boundary descriptions 

### used along its bordering river The 

### summary list of

### towns along the 

### Kennebec Androscoggin 

### and Saco Rivers is grouped by towns 

### whose boundary lines 

# 1 only 

### went to the 

### bank and 

# 2 those 

### whose boundary lines crossed or

### went to the middle or thread of the river 

### The third grouping consists ofthe townships along the Penobscot established 

### on land 

### ceded by the 

### 1796 and 1818 treaties

### 18 FigureNo 7– Plan Book 7 Page 37
–T1 IP–Joseph Kelsey–1834 Incorporations of

## Towns along other Rivers that 

## went to the bank orside Massachusetts 

# PL 1790

## 91 ch 

## 20 App Jan 

## 30 1792 –Sidney 

### from Vassalborough 

### Kennebec River
“all the land 

### and water lying 

### on the west Boundaries side of Kennebec river in the 

### town of Vassalborough 

### and bounded as follows 

### Viz Beginning at said Kennebec River

### on the westerly side thereof 

### and in the line 

### between the 

### towns of

### Winslow and Vassalborough aforesaid...to 

### Kennebec River thence northerly

### on the westerly side ofsaid river emphasis 

## added and bounded by the 

### same to the first mentioned 

### bounds...” Massachusetts 

# PL 1794

## 95ch 

## 59 App February

## 28 1795
–Starks 

### Kennebec River
“Beginning 

### on the west 

### Bank ofsaid River in the North Line ofthe 

### Plymouth Claim

### thence...to Kennebec River 

### and Continuing Northerly 

### by said River 

### on the west 

### Bank thereof to the first mentioned 

### bound...” Massachusetts 

# PL 1794

## 95ch 

## 62 App February

## 28 1795
–Clinton 

### Kennebec River
“Beginning 

### on the 

### bank of said River in the South line of

## Canaan thence...to Kennebec River thence Northerly by Kennebec River 

### on the Easterly

### bank thereof to the first mentioned 

### bound...” Incorporations of

## Towns along other Rivers that 

## went to the middleor across the river Massachusetts 

# PL 1784

## 85ch 

## 40 App November 

## 30 1785 –Standish Saco 

### River
“to Saco River thence to run 

### down said riveradjoining the 

### same to the westerly corner of

### Buxton

### 19 Massachusetts 

# PL 1770

## 71 ch 

## 27 App April

## 26 1771
–Hallowell 

### Kennebec River
“Beginning 

### on the east side of Kennebec River at the north line of James Winslow's land... “

“to Kennebec River 

### and to 

### run on the 

### same 

## westnorthwest course across said river to the 

### end of five miles

### on the west side thereof...”
“to 

### Kennebec River 

## and over said river to the first mentioned 

## bound be and hereby is erected into

### a township by the 

## name of Hallowell...” Massachusetts 

# PL 1770

## 71 ch 

## 33 App April

## 26 1771
–

### Winslow Kennebec River
“Beginning 

### on the east side of Kennebec River at 

### an hemlock tree standing 

### on the 

### bank of said river 

### thence...to Kennebec River 

### thence to run across said river the 

### same course...to said Kennebec River 

### thence across said river to the 

### hemlock tree aforesaid the first 

### mentioned 

## bounds be 

### and hereby is erected into

### a town by the 

## name of Winslow.” Massachusetts 

# PL 1788

## 89ch 

## 76 App February

## 17 1789
–

### Durham Androscoggin River
“to Androscoggin river thence South easterly 

### bythe middle ofsaid river to the 

### head line of Brunswick...”
Massachusetts 

# PL 1802

## 03ch 

## 23 App June

## 23 1802 – Waterville 

### fromWinslow Kennebec River
“all that part of the 

### town of 

### Winslow which lies 

### on the west side of

### Kennebec River as 

### known by its present

### bounds by 

### a line 

### drawn on the middle of Kennebec River as its future Eastern 

### boundary...” Massachusetts 

# PL 1804

## 05ch 

## 19 App June

## 22 1804 –

## Emden Kennebec River
“Beginning at a 

### marked tree

### on the 

### bank of Kennebec River at the north east corner ofthe Plymouth claim 

### thence... to the middle of the Channel of said Kennebec River thence following the middle ofthe 

### Main Channel of Kennebec River 

## down said river until it intersects a line running East from the first mentioned 

### bounds thence west 

### on said line to the 

### bounds first 

### mentioned...” Massachusetts 

# PL 1806

## 09ch 

## 38 App February

## 23 1809
–Solon 

### Kennebec River
“Described within the following 

### bounds with the inhabitants 

### thereon 

## be and the 

### same are hereby incorporated 

### and established 

### a town bythe 

## name of

### Solon viz 

### Bounded North 

### by Bingham s purchase East by the 

### town of

### Athens South 

### bythe 

### town of 

### Madison and West by a line 

### drawn on the middle of Kennebec River..” 

### Maine

# PSL 1873 ch 390 

## App February 

## 14 1860 –Bunkers Island to Fairfield 

### Kennebec River
“All that part ofthe 

### town of Benton in the county of 

### Kennebec lying westerly ofthe following described line is hereby set off

### from said 

### town of Benton 

### and annexed to the 

### town of Fairfield in the county of 

### Somerset and the dividing line 

### between the counties of Kennebec 

### and Somerset is varied accordingly Said line is described as follows to

### wit beginning in the west line of Benton in the middle of the Kennebec riveropposite 

## Oaks rock so called thence east to the middle ofthe east channel of said river thence 

### up the middle of said channel to a point opposite the 

### head of Bunker's island so called thence northwest to the east line ofthe 

### town of Benton.” Incorporations of

## Towns along the Penobscot River in

### the 1796 and 1818 cessions Massachusetts 

# PL 1804

## 05ch 

## 93 App March 

## 12 1806
–

### Orono Penobscot River
“Beginning at the North east corner of Bangor 

### on Penobscot River 

### thence... to Penobscot River at the Northeast corner of the second quarter oftownship 

## Number four thence 

### by a line 

### drawn on the middle of the eastern channel of Penobscot river so as to include the whole ofthe Island called Marsh's Island to the 

### bound first 

### mentioned...”

### 20 Massachusetts 

# PL 1809

## 12ch 

## 57 App February

## 22 1811
–Eddington Penobscot River
“Beginning at a stake 

### and stones 

### on the eastwardly side of Penobscot river being the original corner of land as granted to Jonathan 

### Eddy and others thence... to Penobscot river thence northwardly 

### on said river to the 

### bounds first 

### mentioned...” Maine

# PSL 1826 

## ch 388 

## App February 

## 10 1826 –Howland Penobscot River
“Beginning at a birch tree 

## marked in the north line of the old Indian 

### purchase and running northeasterly 

### by said riverto the south line of township 

### numbered 

## one in the eighth 

### range...” Maine

# PSL 1833 ch 351 

## App February 

## 28 1833 –Milford Penobscot River
“being township 

### numbered three 

### on the east side of Penobscot river Old Indian 

### Purchase bounded on the west by Penobscot river...” 

### Maine

# PSL 1834 

## ch 466 

## App February 

## 26 1834 –Chester Penobscot River
“That the River Township 

### numbered One in the eighth range 

### on the 

### West side of the Penobscot River in the County of

### Penobscot with the inhabitants thereof 

### be and the 

### same hereby is incorporated into a 

### town by the 

## name of Chester.” 

### Maine

# PSL 1834 

## ch 470 

## App February 

## 26 1834 –Greenbush Penobscot River
“That township 

### numbered two on the East side of the Penobscot river 

### bounded West bythe Penobscot river North by township 

### numbered 

## One East 

### bythe 

### Bingham Purchase 

### and South 

### by Milford in the County of

### Penobscot with the inhabitants thereof 

### be and the 

### same hereby is incorporated into a 

### town by the 

## name of Greenbush.” 

### Maine

# PSL 1835 ch 513 

## App January 

## 31 1835
–Edinburg Penobscot River
“That River Township 

## No one in the sixth 

### Range of Townships 

### West ofthe Penobscot River Old Indian Purchase with the inhabitants thereof 

### be and the 

### same is hereby incorporated into 

### a town bythe 

## name of Edinburg.” 

### Maine

# PSL 1835 ch 514 

## App January 

## 31 1835
–Endfield Penobscot River
“That Treat's Tract 

### and the remaining part ofTownship 

## No

## One River 

### Township East side of Penobscot River with the inhabitants thereof 

### be and the 

### same is hereby incorporated into a 

### town bythe 

## name of Enfield.” 

### Maine

# PSL 1835 ch 518 

## App January 

## 31 1835
–

### Passadumkeag Penobscot River
“That Township 

## No One Old Indian 

### purchase East of Penobscot River with the inhabitants thereof 

### be and the 

### same is hereby incorporated into a 

### town bythe 

## name of Passadumkeag.” 

### Maine

# PSL 1835 ch 520 

## App February

# 3 1835
–Bradley Penobscot River
“That Township 

### numbered foureast side of Penobscot River Old Indian Purchase with the inhabitants thereof 

### be and the 

### same hereby is incorporated into a 

### town bythe 

## name of Bradley.” 

### Maine

# PSL 1839 ch 529 

## App February

# 3 1839
–Mattamiscontis 

### from Howland Penobscot 

### River
“so

## much of the 

### town of 

### Howland in the County of Penobscot as lies north of the following described line viz beginning at 

### a point 

### on the 

### west bank ofthe Penobscot River 

### on the line 

### between the river lots 

### numbered twenty three 

### and twenty four in said

## town thence... to the Penobscot River thence southwesterly 

### by said riverto the first 

### mentioned bounds...”

### 21 Maine

# PSL 1839 

## ch 546 

## App March 

## 19 1839
– Argyle Penobscot River
“That so 

## much of the plantation of Argyle in the County of 

### Penobscot as lies east of the Birch stream and its 

### main or west 

### branch bounded north 

### bythe 

### town of Lagrange 

### and Edinburg east by Penobscot river south 

### by the 

### town of 

### Orono and west by said Birch 

### stream be and hereby is incorporated into

### a town by the 

## name of ArgyIe” 

### Maine

# PSL 1840 

## ch 64 App March 

## 16 1840
–Old 

## Town from Orono Penobscot River
“So 

### much ofthe 

### town of

### Orono in the County of 

### Penobscot as lies north ofthe following line 

### commencing on the east of

### Marsh Island 

### on the south line of lot 

### number

## one and running 

### awesterly course 

### on said line to the centre line of said Island thence northerly 

### on said centre line to the north line of lot 

### number five 

### and the west side of the Island thence westerly 

### on said north line of lot 

### number five to Stillwater river thence across said river...” 

### Maine

# PSL 1857 ch 

## 41 App March

## 21 1853
–

### Winn Penobscot River
“The tract of land in the county of Penobscot 

## now known as the plantation of Five Islands or River township 

### number four

### and bounded on the northwest 

### bythe Penobscot river 

### on the southwest 

### bythe 

### town of Lincoln 

### on the south by the 

### town of 

### Lee on the east 

### bytownship 

### number six in range 

### number three 

### on the north by east Indian 

### township or 

### Mattawamkeag plantation so called with the inhabitants 

### thereon is hereby incorporated into a 

### town bythe 

## name of Winn.” 

### Maine

# PSL 1860 ch 384 

## App February 

## 14 1860 –Mattawamkeag Penobscot River
“Township 

### number

## one Indian purchase east side ofthe Penobscot river in the county of

### Penobscot with its present boundaries is hereby incorporated into a 

### town bythe 

## name of

### Mattawamkeag.” Maine

# PSL 1895 ch 101 

## App February

## 28 1895 – Woodville Penobscot River
“Township 

### number

## two Indian Purchase in the county of

### Penobscot and known as Woodville plantation is hereby incorporated into

### a town bythe 

## name of Woodville.”
It is clear from the 

### above groupings that the legislatures of Massachusetts and 

### Maine approved town incorporation acts before 

### and after the 

### 1796 and 1818 treaties which clearly indicated 

### whether the township lines should run to the middle ofthe river orjust to the 

### banks That clear language is 

### not however found in the towns along the Penobscot River within the 

### 1796 and 

### 1818 ceded lands 

### making it unclear 

### whether the riverbed 

### was intended to 

### be separated from the 

### uplands The hereinbefore described act incorporating the 

## Town of Sidney describes the land along the 

### Kennebec River as “to Kennebec River thence northerly 

### on the westerly side of said river” This language separates the 

### Kennebec River 

### from the 

### township leaving it in the neighboring township of Vassalboro This act 

### was approved January 

## 30 1792 long before 

### 1796 and 1818 treaties 

### and is extremely similarto that 

### found in the said treaties with the use of the “side of the river” language 

### and is highly consistent with the belief that the tribe retained ownership ofthe 

### bed of the Penobscot River 

### Moreover the 

### town of

## Oronowhich 

### was part ofthe 

### 1796 cession 

### does have boundary lines extending intothe Penobscot River In the 

### 1796 treaty the Penobscot Nation retained all islands north of Old 

## Town Island 

### Marsh Island described in the 

### Orono township boundaries fell south of Old 

## Town Island 

### The fact that lines 

### were run intothe Penobscot River for this township but not townships 

### above

### 22 it 

### shows that the State consciously chose not to run lines intothe river forthe other townships along the Penobscot River Massachusetts 

# PL 1804

## 05ch 

## 93 App March 

## 12 1806
–

### Orono Penobscot River
“Beginning at the North east corner of Bangor 

### on Penobscot River 

### thence... to Penobscot River at the Northeast corner of the second quarter oftownship 

## Number four thence 

### by a line 

### drawn on the middle of the eastern channel of Penobscot river so as to include the whole ofthe Island called Marsh's Island to the 

### bound first 

### mentioned...” 

## CONCLUSIONS 

## OFFINDINGS The following 

### summaries briefly detail the consistent survey 

### and descriptive extrinsic evidence 

### and actual treaty writings which provide the basis of

## myopinion that the wording of “lands 

### on both sides of the Penobscot River” 

### was not intended to include the 

### bed ofthe Penobscot River itself 

# 1 The language in the 

### 1818 Treaty itself of“

### and the branches thereof “ provides compelling evidence ofthe true intent of Penobscot River ownership 

### above the Old Indian 

### Purchase This is supported by the 

### 1818 James Irish survey ofTownship 

## Nos 1 and

# 2 Indian Purchase as detailed 

### above 

# 2 The provisions 

### and actions surrounding the 

### 1835 act to survey lot 

### and lease water privileges for the islands in the Penobscot River at

### a

## minumum demonstrate the State’s recognition ofthe tribe’s inherent ownership of the 

### bed ofthe River that 

### would normally 

### be attached to 

### an island in a 

## non tidal navigable river in 

## Maine 

# 3 The town incorporation acts along the Penobscot River establish 

### no boundary lines proceeding intothe River 

## where oftentimes in other 

### Maine townships such lines typically 

### would be described to the middle or cross the River 

### Moreover the treaty language of the 

### 1796 and 1818 treaties is 

### most comparable to the language used in the Act incorporating the 

### Town of 

### Sydney which Act separates the river 

### from the 

### township suggesting the 

### same occurred with the treaties of 

### 1796 and 

## 1818


# sKenneth 

# D Roy June 

## 13 2014