USA > Maine > Piscataquis County > Historical collections of Piscataquis County, Maine, consisting of papers read at meetings of Piscataquis County Historical Society, also The north eastern boundary controversy and the Aroostook War, V. I > Part 15
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In writing of our ancestors we are naturally partial, and no doubt lean in their direction in extolling their virtues, perhaps unduly. While I never saw my grand- parents I have talked with many who knew them well, .
many besides the relations, and I believe I have portrayed them truthfully. Grandfather was a man eminently just in all things, but I do not think his mannerisms or mode of speech were always attractive, being somewhat com-
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manding and exacting of others, possibly a little self- centered, and might not, if living at the present day, be a very popular man. It is true, however, that those who knew him best were his warmest friends. He was classed as a rustic gentleman ; but if not possessed of those finishing touches and suaveness of manner, he car- ried through life those essentially sterling qualities which make the man.
His wife was a woman of strong intellect and most thoroughly informed for her sex. Was very benevolent. She adhered to the old orthodox religion and its literal teachings till late in life when she seemed to have out- grown the old creeds and dogmas, and embraced the more rational faith of the Golden Rule and the Sermon on the Mount.
About twenty years ago quite an unusual incident happened on my grandmother's side of the family. Her father, Stephen Chase of Portsmouth, N. H., was a ship owner, and engaged in the carrying trade. Three vessels, one with a cargo, were seized and confiscated by the French, in the days of Napoleon; these acts of depredation giving rise to the so-called French Spoilation Claims. It will be remembered that our government received its indemnity from France by arbitration a few years after ; but not until many years later and after a presidential veto, and then after a change of adminis- tration, were any of these claims allowed by Uncle Sam, and then only in part. The value of a single vessel was allowed and paid, which inured to the heirs of Stephen Chase, either as heirs or by right of representation. When divided a small sum was received by each of them.
It has given me great pleasure to present the above.
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JOSIAH CROSBY.
Josiah Crosby was born in Dover, N. H., November 24, 1816. He was the youngest son of Oliver and Harriet Crosby. He prepared for college at Foxcroft Academy, and by private instruction, and entered Bow- doin College, from which institution he was graduated in 1835, standing with the first five in his class in rank. He was admitted to the Piscataquis County bar in 1838, and after commencing practice in Kenduskeag (then Levant) and for a short time at Exeter, also, he located permanently at Dexter in 1845, where he resided and practiced law for fifty-nine years, being a member of the Maine State bar for sixty-six years, and continued in active practice up to the time of his death.
Josiah Crosby married Henrietta Hill of Exeter, February 15, 1844, who died December 29, 1846. Two children were born, but both died in infancy.
He married Mary Bradbury Foss of Dexter, daugh- ter of Simon Foss, February 27, 1849, and to them nine children were born, seven of whom are now living.
The old homestead in Dexter, beautifully situated on Zion's Hill, a commodious structure with extensive grounds, is quite a landmark. It was always the pleasure of my parents to keep "open house" for friends, and strangers were always welcomed. A short distance below the beautiful terraces and among the stately elms is located the law office, where for more than half a century continuously clients were received, advice given, cases prepared for court, and the practice of law pursued in all its various forms. If those old walls could speak they could tell of a vast amount of hard work. My father was a great worker. Besides knowing the facts of a case as represented to him, and the law as well, he would give his most concentrated thought and reason as
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to how and in what way his case would best impress itself upon the court and jury. During all my close relations with him in the same office during my student days, I never heard him utter or hint, by a suggestive word to a witness to modify or change his testimony; but, on the contrary, I have repeatedly heard him frankly advise clients to drop a case, or lose a verdict absolutely, than to attempt to win by questionable methods.
As a lawyer he believed his clients' rights should be protected, and nothing left undone in their behalf, and never failed to thrust his spear into the hole in his brother lawyer's armor whenever he saw an opportunity. Lawyers will concede that this is permissible, in a legal fray.
Lawyer Crosby in the court room was quite a different man than when in his home, on the street, or in his office. I mean by this that while his honor and man- hood were never forgotten, the gentle, amiable, unassum- ing man out of court was a big contrast to this advocate in the legal forum. In court his faculties were aroused to a superlative degree, and, gladiatorlike, he was ready for any new fact or legal question that might arise. He had that characteristic quality of quick thought with wise judgment, so that when opposing counsel changed position and took a new tack he was equal to the occa- sion. It was these qualities he possessed, of which many more could be mentioned, together with his painstaking preparation of cases that made him so successful in the trial court. In the trial of a case he could not get his mind off the matter in hand from start to finish, and during the pendency of a case would eat lightly and sleep but little.
In the room he always occupied in the Blethen House in Dover he could be seen burning the midnight oil pre- paring for the next day's battle.
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Among some of the noted cases he successfully tried were, the arson case of the State vs. Trustam H. Hurd, (associated with him being the late Hon. A. M. Robinson, ) for the burning of a dwelling-house in the night time, a crime punishable by death at that time; verdict, not guilty; State vs. Mrs. Hall (arson) of Ripley ; verdict, not guilty; State vs. Chadbournes (murder) of Parkman; verdict, guilty; (the elder Chadbourne died in prison, and a pardon was secured for the son later; ) State vs. Dr. Weed, charged with rob- bing Peter Bennett of Plymouth of $30,000; verdict, not guilty.
Lawyer Crosby's practice was large and successful upon the civil side of the court, in law and equity. During the last twenty years of his practice he was greatly relieved and assisted by his son, J. Willis Crosby, who became his partner, and has since succeeded to the busi- ness, and who is held in high respect.
The most friendly relations existed between Josiah Crosby and the members of the bench and bar. He was often associated with legal brethren in important cases, and with whom he would always take the part wherein he could be most useful; bending his energies towards good results rather than for the glory or the emoluments of the case.
In politics he was quite prominent, but in no sense could he be called a politician as the term is understood nowadays. He was a Whig until the Republican party came into existence, of which he was one of the original, and had a hand in the making of this popular party. He stood by his party until the early eighties, when he differed with its leaders upon the high protective policy and what seemed to him a strong leaning to favor the trusts and those who had accumulated large wealth, and ignoring the people at large who were the consumers and
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paid for these luxuries. From this time he joined the Democratic ranks. As to whether he acted wisely or otherwise I shall not attempt to say or express an opinion, but will unhesitatingly assert that his change in politics was not on account of disappointment of office nor because he was personally disgruntled.
By this time he had liberally educated nearly all of his children, which had been the great ambition of his life. He was enjoying a good law practice, and in com- fortable circumstances, and had no time or liking for many of the modern political methods used in getting elected to office.
In 1856, 1863 and 1865 he was a member of the House of Representatives of Maine, and in 1867-8 he was a member of the Senate from Penobscot County, and was elected president of the Senate in 1868, being op- posed in the election by Nelson Dingley and Frederick Robie, both of whom were subsequently elected Gov- ernors of the State. He took a conspicuous part in im- portant legislation and made many effective speeches.
Without solicitation he was nominated as the Demo- cratic candidate for Congress in 1890 from the Fourth District. He did not look for victory and spent the campaign period in Minnesota and Colorado, as he in- formed the convention he should do when nominated. He had no objection to being called a "mug-wump," a political name of this time which will be remembered.
My father was one of the happiest men in his family, and the children well knew they could always learn from him. It was while carrying on conversation with mem- bers of his family and friends that some of the resources of his mind were most noticeable. He would not be considered a stranger when invited into any new field of knowledge; and as to what had been accomplished in the literary world he was easily at home in discussing. He
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was a great reader, and the books he especially liked he would be found reading again and again. He was a great admirer of the literature of the Bible; of some portions of it beyond all other books. His familiarity with Shakespeare was something remarkable.
His habits were abstemious, but he preferred high license and local option to prohibition. He thought cider a blessing to the human race, notwithstanding its occasional abuse.
His habit of bathing in cold water out of doors summer and winter, every morning, or jumping into the newly fallen snow as a substitute, might be called his eccentricity ; but he prized the daily practice as a means of preventing fevers, and giving to him the health and vigor which he enjoyed.
He had travelled much in his own country and in 1887 visited many parts of Europe.
In one respect, that of being town-meeting moderator, he held the State record. From 1857 to 1887 he was continuously Dexter's town-meeting moderator, and after his trip abroad he was again several times elected.
The surviving children are Etta (now Mrs. James Bird), residing in Anacortes, Wash .; May (Mrs. A. B. Stickney), residing in St. Paul, Minn. ; Oliver of St. Paul; S. P. of Braham, Minn .; J. Willis of Dexter, Me. ; Annie C. of St. Mary's College, Dallas, Tex., and Clara I., (Mrs. Chas. Altenberg), of Fairmont, Minn. ; and I am happy to add, all are in good health.
In closing this brief sketch I will say that no more fitting words could be written of my father than those selected by the writer, concurred in by the family and engraved upon his monument: "His life was gentle; and the elements so mixed in him that Nature might stand up and say to all the world: This was a man."
The North Eastern Boundary Contro- versy and the Aroostook War
By John Francis Sprague
A SERIOUS disagreement existed between the United States and Great Britain from the treaty of peace (1783) to the Webster-Ashburton treaty (1842), respecting the boundary line between what is now and was in 1842, the State of Maine and Canada, and known in history as the Northeast Frontier.
In tracing back to the sources of this contention, which was acute for more than a half century, it seems to me that two causes were among the earliest and most predominating which led up to the general confu- sion.
The first was the fact that the English sovereigns were very ignorant of American geography and were perpetually making grants of lands irreconciliably and often grotesquely conflicting, and the second was the instinctive desire of the Anglo Saxon to possess himself of all of the territory of this earth within his reach.
In 1493, Alexander VI, Pope of Rome, issued a bull, granting the New World, which Columbus had discov- ered, to the sovereigns of Spain and Portugal.
In that age a papal bull was generally regarded by Christian nations as a sufficient title to heathen lands, and under this title Spain claimed the entire North American coast from Cape Florida to Cape Breton.
JOHN FAIREUND GOVERNOR OF MAINE, 1839
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France, although a Catholic nation, was in unison with England, which had then become Protestant, in protesting against such an exclusive and unfair grant.
So far as there was an issue between England and Spain about American territory it was settled by Sir Francis Drake in 1588, by the victory over the Spanish Armada in the British Channel, which has been the scene of so many famous naval battles and where so much of the world's history has been made.
But England had not submitted to the slow process of waiting for the God of battles to determine her rights by discovery and conquest as they then stood in the western hemisphere. In 1495-6, three years after its discovery and before Columbus had seen it, Henry VII, King of England, issued a commission to John Cabot and his sons, "to seek out, discover and find whatsoever Isles, Countries, Regions or Provinces of the heathens and infidels" hitherto unknown to all Christians, and, as vassals of the king, to hold the same by his authority.
In 1502, the same king issued authority to Hugh Eliot and Thomas Ashurst to discover and take possession of the "Islands and Continents" in America.
As early as 1524 and many years before England had actually asserted jurisdictional rights on this continent, Francis I, King of France, doubted the "clause in Adam's will" which made this continent the incontro- vertible possession of "his brothers of Spain and Portu- gal" and sent out discoverers and explorers, who explored the entire coast from the thirtieth to the fiftieth degree of latitude, and named the whole region New France.
Ten years later Jacques Quartier, known in English history as "Cartier," commissioned by the same king, made several voyages to America and took possession of Canada. The French government maintained it ever after until its titles were lost by treaties and conquest.
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On the 8th of November, 1603, Henry IV, King of France, appointed Pier de Monts, his lieutenant-general, in the country, territories, coast and limits of Cadia, (la Cadia) since called Acadia, commencing at the fortieth degree and thence to the forty-sixth degree.
By charter of the 10th of September, 1621, James I granted to Sir William Alexander, a certain territory, under the name of "Nova Scotia," with the following boundaries : "Beginning at Cape Sable, in forty-three degrees north latitude, or thereabout, extending thence westwardly along the seashore, to the road commonly called St. Mary's Bay; thence towards the north by a direct line crossing the entrance or mouth of that great ship road, which runs into the eastern tract of land between the territories of the Souriquois and of the Etchemins, (Bay of Fundy) to the river commonly called St. Croix, and to the most remote spring or source, which, from the western part thereof, first mingles itself with the river aforesaid; from thence, by an imaginary direct line, which may be conceived to stretch through the land, or to run towards the north, to the nearest road, river or spring emptying itself into the great river de Canada (River St. Lawrence); and from thence proceeding eastwardly along the seashores of the said river de Canada, to the river, road, port, or shore, commonly known and called by the name of Gachepe or Gaspe; and thence south-eastwardly to the islands called Baccaleos or Cape Breton, leaving these islands on the right and the gulf of the said river de Canada or of the great ship road and the lands of Newfoundland, with the islands to the same pertaining, on the left; and thence to the head land or promontory of Cape Breton aforesaid, lying near the latitude of forty-five degrees, or thereabout; and from the said promontory of Cape Breton, towards the south and west, to Cape Sable afore-
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said, where the perambulation began, * * all which lands aforesaid, shall at all times hereafter be called and known by the name of Nova Scotia, or New Scotland, in America."
Albert Gallatin in his introduction to "The Right of the United States of America to the North Eastern Boundary Claimed by Them," (1840) says:
"The western boundary thereby assigned to Nova Scotia differs from the eastern boundary of the United States, as described by the treaty of peace of 1783, in the following particulars.
"Ist. The western source of the river St. Croix was intended by Sir William Alexander's charter; but by the treaty of 1783, the said river from its mouth to its source, without particularly designating which source, is made the boundary ; and this has been decided to be the river from its mouth to the source of its north branch.
"2nd. The line from the source of the River St. Croix, is, according to the charter, to run towards the north; (versus septentrionem;) by the treaty, it must run due north, or directly north.
"3rd. The said line, by the charter, extends to the river St. Lawrence, and, by the treaty, to the highlands dividing the rivers, &c."
On the 3d of April, 1639, Charles I granted to Ferdinand Gorges, by the name of Province or Country of Maine, a territory bounded on the west by Piscata- way Harbor and the river Newichewanocke, (Piscataqua River) to the farthest head thereof, and thence one hun- dred and twenty miles northwestwards, extending from Piscataway Harbor, northeastwards, along the seacoast to Sagadahock, (the river Kennebec below the confluence of the river Androscoggin, ) and up the river thereof to Kynybecky River, and, through the same, to the head thereof, and into the land northwestwards one hundred
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and twenty miles from the mouth of Sagadahock, Etc.
This last named grant was purchased in the year 1674, by the Colony of Massachusetts.
By the twelfth article of the treaty of Utrecht, in 1713, "the Most Christian King of France" ceded to the Queen of England in perpetuity Acadia or Nova Scotia entire, "according to its ancient boundaries," Etc.
But what its "ancient boundaries" were was for nearly fifty years after the treaty of Utrecht a matter of dispute between England and France and more especially between the pioneers and settlers of New France, and the Massachusetts Colony and the inhabitants of the Province of Maine, who had settled east of the Kennebec River.
The Governor of New France contended that the ancient bounds of Acadia extended as far west as the Kennebec River under the grant of Charles I to Gorges, and had never been changed by any act of England.
Attempts at a settlement were made between the two governments at various times but the results were futile.
When Wolfe conquered Quebec in 1759, all of Canada passed to the domain of the English by conquest and the minor questions of boundary lines were lost sight of.
Incidental to this long contention as to what was the westerly line of Acadia, was the destruction of the Jesuit Mission at Norridgewock and the killing of its missionary, Father Sebastian Ralé, in 1724, by the Massachusetts colonists.
Gallatin in the work above referred to, in speaking of this Gorges grant and its subsequent purchase by the Colony of Massachusetts, asserts that it throws no light on the question as to how England acquired any title to the territory between the Kennebec and St. Croix, and says: "Although the name of Maine has since been extended to the country, eastwardly, as far as the bounda- ries of Nova Scotia, the ancient Province of Maine,
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according to the aforesaid original grant, was bounded on the east by the river Sadahock or Kennebec."
These facts are only referred to here, parenthetically, for the purpose of calling attention to the generally chaotic condition of the sources of the jurisdictional rights of England in the Province of Maine, at the time of the treaty of peace in 1783.
The English had themselves, whether wrongfully or rightfully, whether by overt acts or not, made permanent the title of Massachusetts to the Province of Maine as far east as the St. Croix River, but how far north it extended was another matter and one of the principal causes of all the trouble between the people of Maine and New Brunswick and the American and English governments.
In the several treaties between France and England ceding to each other Acadia, no specific mention is made of boundaries, so the student is obliged to rely upon the grants from the English crown to its subjects for informa- tion as to what was the original intent of the English government, regarding the northerly line of the Province of Maine.
On the 12th day of March, 1663, Charles II granted to his brother James, Duke of York, "all that part of the main land of New England, beginning at a certain place, called or known by the name of St. Croix adjoin- ing to New Scotland in America, and from thence extend- ing along the sea coast, into a place called Pemaquin or Pemaquid, and so up the river thereof to the furtherest head of the same as it tendeth northward to the river of Kennebec and so up, by the shortest course, to the river of Canada, northwards."
All authorities agreed that the name "Maine" at some time in some way extended over all the above described territory and that the river Kennebec was what was in
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the ancient maps Sadahock, and that "the river Canada" was the river St. Lawrence.
October 7th, 1691, William and Mary, by grant, annexed to the charter of the Massachusetts Colony, Nova Scotia, the ancient Province of Maine, and Saga- dahock, or the Duke of York's grant, containing how- ever, this proviso, "and it is our royal will and pleasure that no grants of any lands lying or extending from the river Sagadahock (Kennebec) to the Gulf of St. Lawrence and Canada rivers, (St. Lawrence River) and to the main sea northward and eastward, to be made or passed by the Governor and General Assembly of our said Province, be of any force, validity, or effect, until we, our assigns and successors shall have signified our or their approba- tion of the same."
This grant is valuable herein, only for the purpose of showing that the English then claimed territory as far north as the St. Lawrence.
There does not seem to be any reason for this grant of Nova Scotia or Acadia to Massachusetts, which had been restored to France by the treaty of Breda, other than the fact that a state of war existed between the nations in 1691.
By the treaty of Ryswick, (1697) Great Britain, how- ever, agreed to restore to France "all countries, islands, forts and colonies, wheresoever situated, which the French did possess before the declaration of war."
The Massachusetts Colony asserted jurisdiction over all of that part of the Province of Maine annexed to their charter by William and Mary, which was situated east of the Kennebec River, and the last claim of the French to this territory was extinguished with the destruction of the Kennebec Mission in 1724.
Subsequent to this a question arose among the colonists as to their legal title to the territory between the Kenne-
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bec and St. Croix, which was referred to the attorney and solicitor general of the crown, who gave it as their opinion (Aug. 11, 1731) "that all the tract of land lying between the rivers of Kennebec and St. Croix, is granted by their charter to the inhabitants of the said Province; that the rights of government granted to the said Province extend over this tract of land."
In Mitchell's map in the year 1755, the river St. Croix, in accordance with their decision, and a due north line from its source to the river St. Lawrence, are made the boundary between Nova Scotia and New England.
And Gallatin says that "in this map the river St. Croix, and a due north line from its source to the river St. Lawrence, are, accordingly, made the boundary between Nova Scotia and New England; embracing, under this last designation, the eastern part of Massa- chusetts, by the name of Sagadahock."
Both Nova Scotia and New England are, in that map, published with the approbation of the board of trade, bounded to the north by the river St. Lawrence. And that river continued, accordingly, to be the northern boundary of both, till the 7th of October, 1763; when Canada, and all the possessions claimed by France in that quarter, having, by virtue of the treaty of peace of February, 1763, been definitively ceded by her to Great Britain, His Britannic Majesty issued a proclama- tion establishing new governments, and, amongst others, that of Quebec.
The boundaries of that government were, by the said proclamation, fixed as follows: "Bounded on the Labra- dor Coast by the river St. John; and from thence, by a line drawn from the head of that river, through the Lake St. John, to the south end of the Lake Nipissing, from whence the said line, crossing the river St. Lawrence and the Lake Champlain, in forty-five degrees of north lati-
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