Page images
PDF
EPUB

the discovery of the south boundary of the said province, upon the best information we could obtain, proceeded to Wrentham Plain, at or near to a place where was formerly erected a stake, called Woodward's and Saffery's stake, as one remarkable south boundary of the said province, and from thence run a west line, making an allowance of eight degrees and a half as the west variation of the magnetic needle from the true meridian, it being the course of the south line of the said province, according to their charter (as we apprehended), and then we extended the said north line from the aforesaid monument till it intersected the said west line, and upon the point of its intersection erected a monument of stones with a stake thereon, as the northeast boundary of that tract of land commonly called the Gore.

After which we proceeded to Bullock's Neck, and on the southeast corner thereof erected a red cedar post, marked with the letters J. H. C. R., with the figure of an anchor thereon, and from thence running a line northeast, making the same allowance for the variation aforesaid, to a black oak tree marked with the letters G. C. C. R., then to a large white oak marked with the letters G. B. C. R., then to a white oak post, set in the ground with a heap of stones around it, marked with the letters G. W C. R., with the figure of an anchor thereon, being three miles distant from Bullock's Neck aforesaid.

After which we proceeded to the northeasternmost part of the bay on the west side of Rumstick Neck, and from a point where a locust post was erected run a line three miles northeast, with the same allowance for the variation and at the extremity of the said line erected a monument of stones, from which we run a line to the northeast extremity of that line drawn from the southwest corner of Bullock's Neck aforesaid, the course whereof being west thirty-eight degrees north, according the magnetic needle, the distance of nine hundred and fifty-five rods, marking trees and making other boundaries in the course of said line. After which we proceeded to the northeast corner of Bristol Harbour, and from high-water mark, which was some rods distant northeast from the bridge leading to Swanzey Ferry, we ran a line three miles northeast, still making the same allowance for the variation, and at the extremity of which line we erected a monument of stones; then we ran a line from the northeast extremity of the line drawn from Rumstick aforesaid, the course whereof being south twenty-five degrees east, till it met with the termination of the line drawn from Bristol Harbour aforesaid, the distance whereof being nine hundred and twentyseven rods; and from thence to a straight line to the bay at Towoset Neck, making proper boundaries in the course of said line.

After which we proceeded to the eastern side of the Narragansett Bay, and on the easternmost part of a cove in the said bay, which is southward of Nanequachet, ran a line three miles east (still making the same allowance for variation), at the extremity whereof we marked a grey oak tree with the letters C. R., with the figure of an anchor thereon.

After which we proceeded to the mouth of Fall River, and from thence measured four hundred and forty rods southerly on the shore, as the said shore extendeth itself from the mouth of said Fall River, and from the point where the said four hundred and forty rods reached, being east thirty-five degrees south of the southernmost point of Shawomet Neck, we ran a line three miles east, with the same allowance for the variation; in the course whereof we marked divers trees, and came to a large pond, on the west of which was a small oak between two large rocks, and from thence measured over the said pond to a bunch of maples, two whereof we marked with the letters I and F, standing on a place called Ralph's Neck, being the extremity of the said three miles; from thence we ran a line south twenty degrees west, two thousand one hundred and twenty-three rods (making proper boundaries in said line), till we met the termination of the three-mile line, ran from the cove southward of Nanequachet aforesaid.

After which we proceeded to a place called Church's Cove, in said bay, and ran a

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

line three miles east, making the same allowance for the variation aforesaid, and at the extremity, whereof, and near the sea, we erected a monument of stones, and from thence ran a line north two degrees and a quarter east, one thousand and nine hundred and forty-one rods, till it also met the termination of the said line, drawn from the first mentioned cove as aforesaid, making proper boundaries in the course of said line.

The aforegoing is a just account of our proceedings, and report the same accordingly.

J. HONEYMAN, JR.
GEORGE WANTON.

GIDEON CORNELL.
GEORGE BROWN.

And it is voted and resolved, That the said report be, and it is hereby, accepted by this assembly.

In the year 1748 the legislature of Rhode Island appointed commissioners to continue the line to the Connecticut corner, recognizing the Woodward and Saffrey stake as the place of beginning. Massachusetts failed to appoint commissioners, whereupon the Rhode Island commissioners proceeded to complete the running of the line. In their report they say—

That we not being able to find any stake or other monument which we could imagine set up by Woodward and Saffrey, but considering that the place thereof was described in the agreement mentioned in our commission, by certain invariable marks, we did proceed as followeth, namely: We found a place where Charles River formed a large current southerly, which place is known to many by the name of Pappatalish Pond, which we took to be the southernmost part of said river, from the southernmost part of which we measured three English miles south, which three English miles did terminate upon a plain in a township called Wrentham. Howard's Reports S. C., vol. 4, page 632).

(See

From this point they ran the line. From this time forward repeated steps were taken by Rhode Island by resolutions, and by appointment of commissioners at different times to ascertain and run the line, in connection with commissioners from Massachusetts; commissioners from both colonies met more than once, but they failed to agree upon a boundary in place of that established under the agreements of 1711-'18. Rhode Island alleged a mistake in her commissioners, in the place of beginning (that is, on Wrentham Plain), as the ground of these efforts.

This controversy, however, embraced the entire line from the State of Connecticut to the Atlantic Ocean. Massachusetts asserted that an encroachment had been made on her territory from Burnt Swamp Corner to the ocean by Rhode Island, who, on her part, claimed that the jurisdictional line of Massachusetts from said corner to the Connecticut line was, in its whole extent, upon the territory of Rhode Island. The legislatures of the respective States having failed, after repeated effort, to adjust the controversy, Rhode Island in 1832, by a bill in equity, brought the subject of the northern boundary, from Burnt Swamp Corner to the Connecticut line, before the Supreme

[blocks in formation]

Court of the United States, which in 1846 decided that the jurisdictional line claimed by Massachusetts was the legal boundary of the two States between these points.

While this suit was pending an attempt was made to settle the long controversy by an amicable adjustment of the whole line from Connecticut to the ocean. Commissioners were appointed by both States in 1844 to ascertain and mark the true boundary from Pawtucket Falls to Bullock Neck. In 1845 the same commissioners were authorized to ascertain the line from Burnt Swamp Corner to the Atlantic Ocean.

In 1846, the equity suit having been decided, they were authorized "to erect suitable monuments at the prominent angles of the line, from the Atlantic Ocean to the northwest corner of Rhode Island, and at such other points on the line as may subserve the public convenience." A majority of said commissioners agreed upon a line and erected monuments in 1847.

The report of the joint commission was dated Boston, January 13, 1848.

The line so agreed upon as a boundary between Burnt Swamp Corner and the northwest corner of Rhode Island was a straight line, varying a little from the irregular jurisdictional line established by the decision of the Supreme Court, and is described in the joint report of the majority of the commissioners of January, 1848, as follows, viz:

Begin at the northwest corner of Rhode Island, on Connecticut line, in latitude 42° 00′ 29′′ north, and longitude 71° 48′ 18′′ west of Greenwich, thence easterly in a straight line 21.512 miles to Burnt Swamp Corner, in Wrentham, being in latitude 42° 01′ 08′′ and longitude 71° 23′ 13′′.

Upon this line were placed twenty-seven monuments, exclusive of that at Burnt Swamp Corner.

The general assembly of Rhode Island, in May, 1847, ratified and established the line from the ocean to the Connecticut line, "to take effect and become binding whenever the said agreement and boundary line should be ratified by the State of Massachusetts." The legislature of Massachusetts did not ratify the said agreement and boundary line, but proposed another joint commission, which was agreed to.

The attempt made by these commissioners to settle the line having failed, Massachusetts commenced a bill in equity before the Supreme Court of the United States for an adjudication of the boundary line from Burnt Swamp Corner to the Atlantic Ocean.

In 1860 both States agreed upon a conventional line, and asked that a decree of the United States Supreme Court should confirm the same, which prayer was granted, and the line was thus finally established by a decree rendered in the December term, 1861, which is as follows, viz:

Beginning at Burnt Swamp Corner (so called), in Wrentham, in latitude 42° 01′ 08′′/ north, longitude 71° 23′ 13′′ west of Greenwich, being the northeasterly corner of Rhode Island.

« ՆախորդըՇարունակել »