The State of Rhode Island and Providence Plantations, Complainant v. the State of Massachusetts, Defendant
Decision Date | 01 January 1840 |
Citation | 14 Pet. 210,10 L.Ed. 423,39 U.S. 210 |
Parties | THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, COMPLAINANT, v. THE STATE OF MASSACHUSETTS, DEFENDANT. * |
Court | U.S. Supreme Court |
THIS case was before the Court at January term, 1838. The state of Rhode Island, in 1832, had filed a bill against the state of Massachusetts, for the settlement of the boundary between the two states; to which bill Mr. Webster, at January term, 1834, appeared for the defendant; and on his motion, the cause was continued until the following term, when a plea and answer were filed by him, as the counsel for Massachusetts. Before January term, 1837, the state of Rhode Island filed a replication to the plea and answer of the defendant; at the same time giving notice of a motion to withdraw the same.
At January term, 1838, the counsel for Massachusetts moved to dismiss the bill filed by the state of Rhode Island, on the ground that the Court had no jurisdiction of the cause.
This motion was argued by Mr. Austin, the attorney general of Massachusetts, and by Mr. Webster, for Massachusetts; and by Mr. Hazard and Mr. Southard, for the state of Rhode Island: and was overruled. 12 Peters, 657.
Afterwards, at the same term, Mr. Webster, on behalf of the state of Massachusetts, as her attorney and counsel in Court, moved for leave to withdraw the plea filed in the case on the part of Massachusetts; and also the appearance which had been entered for the state. Mr. Hazard moved for leave to withdraw the general replication to the plea of the defendant in bar, and to amend the original bill.
The Court, after argument, ordered, that if the counsel on behalf of Massachusetts shall elect to withdraw the appearance before entered, that leave be given for the same; and the state of Rhode Island may proceed ex parte. But, if the appearance be not withdrawn, that then, as no testimony has been taken, the parties be allowed to withdraw or amend the pleadings under such order as the Court may hereafter make. 12 Peters, 756.
At January term, 1839, Mr. Southard, on behalf of the state of Rhode Island, stated, that the bill filed by the state had been amended; and moved that a rule be granted on the state of Massachusetts, to answer in a short time, so that the cause might be disposed of during the term.
The Court, the bill of the state of Rhode Island having been amended the second day of the term, ordered that the state of Massachusetts should be allowed until the first Monday in August 1839, to elect whether the state will withdraw its appearance, pursuant to the leave granted at January term, 1838; and if withdrawn within that time, the state of Rhode Island should be, thereupon, at liberty to proceed ex parte. If the appearance of the state of Massachusetts should not be withdrawn before the first Monday in August 1839, the state to answer the amended bill before the second day of January, 1840. 13 Peters, 23.
The amendments made by the complainants in the bill were, chiefly, the insertion, by reference to reports of the commissioners of the colony of Massachusetts to the government of Massachusetts, while a colony, on the 13th of April, 1750, and on the 21st of February, 1792, to the legislature of the state of Massachusetts, appointed by an act of the commonwealth of Massachusetts, passed on the 8th day of March, 1791, 'for ascertaining the boundary line between this commonwealth and the state of Rhode Island.'
The report of April 13th, 1750, states, that the commissioners on the part of the colony of Massachusetts met the gentlemen appointed on behalf of the colony of Rhode Island, on the 10th of April, 1750, 'and spent part of that and the next succeeding day in debating on said affair with those gentlemen;' and produced the agreement of 1710, 1711. 'Sundry plans, &c. were offered to run and review with them the said line, but they refused to go, or join us herein, but insisted on our going with them to a certain place on Charles river, in Wrentham, from which they a few months since measured three miles south, and then extended a west line with the variation west, to the west bounds of that colony, as they claim as the west bounds of that colony, as they informed us; which bounds they claim as their north bounds; and is about four or five miles northward from Woodward and Saffrey's station.' The report also states, 'that on the return of the commissioners to the place of meeting, the Rhode Island commissioners not having accompanied the Massachusetts commissioners to the station, they found them at the original place of meeting, who desired the commissioners would adjourn to a second meeting, which was assented to, and the meeting fixed at the same place, in October following, in case their respective governments consented thereto.'
The second report was made by 'The commissioners on the part of Massachusetts, to the legislature of that state, Feb. 21, 1792.'
It is stated to be a report 'that the commissioners appointed by an act of the legislature of the commonwealth of Massachusetts, passed on the 8th day of March, 1791, for ascertaining the boundary line between this commonwealth and the state of Rhode Island, have carefully attended the services assigned them, and take leave to report their doings.'
The report states, 'that on the 15th of August, 1791, we, by agreement, met the commissioners from the state of Rhode Island, at Wrentham, in this commonwealth, and after exchanging the powers under which we severally acted, we proceeded to discuss the subject that gave rise to our appointments, in the course of which, it appeared that the state of Rhode Island, from their construction of this expression, 'three miles south of Charles river, or of any and every part thereof,' in the ancient charter of the colony of Massachusetts, and as the south bounds of the same, claim near three miles north upon this commonwealth, than the present line of jurisdiction between the two governments; the commissioners of the commonwealth, from the circumstance that the branch, now called Charles river, and from which the claim of the state of Rhode Island would run three miles south to ascertain the south boundary of the commonwealth, could not have been known by the name of Charles at the time of granting the Massachusetts charter in 1621; and from this line being ascertained and fixed at a different place by commissioners chosen by the colonies of Massachusetts and New Plymouth in 1667, at a time when the intentions of the grantor and grantees must have been known, are convinced that the claim of the state of Rhode Island is ill founded; but to complete, if possible, the intentions of our appointments, and that the disputes between the governments might be amicably adjusted, we united with the commissioners of the state of Rhode Island, in the agreement as in number one.
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