all that Parte of Newe England in America which lyes and extendes betweene a greate River there comonlie called Monomack River, alias Merrimack River, and a certen other River there, called Charles River, being in the Bottome of a certain Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay; and also all and singular those Landes and Hereditament whatsoever, lying within the Space of Three English Myles on the South Parte of the said River, called Charles River, or of any, or every Parte thereof; and also all and singuler the Landes and Hereditaments whatsoever, lying and being within the space of Three Englishe Myles to the southward of the Southermost Parte of the said Baye, called Massachusetts, alias Mattachusetts, alias Massatusets Bay; and also, all those Landes and Hereditaments whatsoever, which lye and be within the Space of Three English Myles to the Northward of the saide River, called Monomack, alias Merrymack, or to the Norward of any and every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South, in Latitude and Bredth, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte;

...

Provided alwayes, That if the said Landes

were at the tyme of the graunting of the saide former Letters patents, dated the Third Day of November, in the Eighteenth Yeare of our said deare Fathers Raigne aforesaide, actuallie possessed or inhabited by any other Christian Prince or State, or were within the Boundes, Lymytts or Territories of that Southerne Colony, then before graunted by our said late Father That then this present Graunt shall not extend to any such partes or parcells thereof, but as to those partes or parcells shal be vtterlie voyd, theis presents or any Thinge therein conteyned to the contrarie notwithstanding.

...

The charter of New England was surrendered to the King in 1635 (Thorpe, 1909, v. 3, p. 1860).

The charter of Massachusetts Bay, granted in 1629, was canceled by a judgment of the high court of chancery of England, June 18, 1684.

In 1686 Pemaquid (part of the present State of Maine) and its dependencies were annexed to the New England government.

In 1691 a new charter was granted to Massachusetts Bay, which included Plymouth Colony and the Provinces of Maine and Nova Scotia. The following are extracts from this charter (Thorpe, 1909, v. 3, p. 1876): Wee doe will and Ordeyne that the Territories and Collynes comonly called or known by the Names of the Colony of the Massachusetts Bay and Collony of New Plymouth the Province of Main the Territorie called Accadia or Nova Scotia and all that tract of

reall Province by the Name of Our Province of the Massachusetts Bay in New England. all that parte of New England in America lying

and extending from the greate River comonly called Monomack als Merrimack on the Northpart and from three Miles Northward of the said River to the Atlantick or Western Sea or Ocean on the South part And all the Lands and Hereditaments whatsoever lying within the limits aforesaid and extending as farr as the Outermost Points or Promontories of Land called Cape Cod and Cape Mallabar North and South and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compass aforesaid throughout the Main Land there from the said Atlantick or Western Sea and Ocean on the East parte towards the South Sea or Westward as far as Our Collonyes of Rhode Island Connecticut and the Marragansett Countrey all alsoe all that part of porcon of Main Land beginning at the Entrance of Pescata way Harbour and soe to pass vpp the same into the River of Newickewannock and through the same into the furthest head thereof and from thence Northwestward till One Hundred and Twenty miles be finished and from Piscata way Harbour mouth aforesaid North-Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to cross over Land to the One Hundred and Twenty Miles before reckoned vp into the Land from Piscataway Harbour through Newickawannock River and alsoe the North halfe of the Isles and Shoales together with the Isles of Cappawock and Nanukett near Cape Cod aforesaid and alsoe [all] Lands and Hereditaments lying and being in the Countrey and Territory comonly called Accadia or Nova Scotia And all those Lands and Hereditaments lying and extending betweene the said Countrey or Territory of Nova Scotia and the said River of Sagadahock or any part thereof And all Lands Grounds Places Soiles Woods and Wood grounds Havens Ports Rivers Waters and other Hereditaments and premisses whatsoever, lying within the said bounds and limitts aforesaid and every part and parcell thereof and alsoe all Islands and Isletts lying within tenn Leagues directly opposite to the Main Land within the said bounds.

The present northern boundary of Massachusetts was first surveyed and marked in 1741. (See New Hampshire, p. 61, 62, and Vermont, p. 64.)

The east-west part of the boundary between Massachusetts and Rhode Island is a part of the original southerly line of the territory granted by the council at Plymouth to Sir Henry Roswell and others in the third year of the reign of King Charles I and redefined in the charter granted to the colony of Massachusetts Bay in 1691. This line was for more than 200 years a matter of dispute that was in some respects the most remarkable boundary question with which this country has had to deal. Twice the question went to the Supreme Court of the United States, and in one of these suits Daniel Webster and Rufus Choate were employed as counsel for Massachusetts.

As early as 1642 the line between the two colonies was marked in part by Nathaniel Woodward and Solomon Saffrey, who set up on the plain of Wrentham a stake as the commencement of the line between Massachusetts Bay and Rhode Island. This stake Woodward and Saffrey thought marked a point 3 miles south of the Charles River (Harriman, 1879, p. 553).

In 1710-11 commissioners appointed from Massachusetts and Rhode Island agreed upon the north line

of Rhode Island, and their action was approved by the legislatures of both colonies. The agreement was as follows (4 Howard 631):

That the stake set up by Nathaniel Woodward and Solomon Saffrey, skilful, approved artists, in the year of our Lord one thousand six hundred and forty-two, and since that often renewed, in the latitude of forty-one degrees and fifty-five minutes, being three English miles distant southward from the southernmost part of the river called Charles River, agreeable to the letters-patent for the Massachusetts province, be accounted and allowed on both sides the commencement of the line between Massachusetts and the colony of Rhode Island

In 1719 this line was run by commissioners appointed for the purpose, but subsequent investigation has shown that it was run very inaccurately (Rhode Island Acts, May, 1867, p. 6).

The line between Massachusetts and the eastern part of Rhode Island was fixed by the commissioners in 1741. The colony of Rhode Island appealed from their decision to the King, but in 1746 he affirmed it by a royal decree. (Gannett, 1904, p. 56-59.) In accordance with this decree the line was run in 1746 by commissioners of Rhode Island whose report may be found in the U.S. Supreme Court records for the December term, 1852, pages 208-210.

In 1748 the Legislature of Rhode Island appointed commissioners to continue the line to the Connecticut corner, the Woodward and Saffrey stake being recognized 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 with reference to the initial point of their survey (4 Howard 639):

That we, not being able to find any stake or other monument which we could imagaine 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 Poppatolish 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.

From this time forward, repeated steps were taken by Rhode Island, by resolutions and by appointment of commissioners, 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 and 1718. As a ground for these efforts Rhode Island alleged that a mistake had been made by her commissioners in commencing the line at the accepted position of the Woodward and Saffrey stake, which, as set on Wentham Plain, at Burnt Swamp Corner, was considerably more than 3 miles south of the Charles River (14 Peters 273).

67

BOUNDARY LINES OF THE STATES MASSACHUSETTS

This controversey, however, embraced the entire line from 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 that 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 efforts. 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 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.

In this decision, the following declaration was made (4 Howard 639):

"For the security of rights, whether of states or individuals, long possession under claim of title is protected, and there is no controversy in which this great principle may be invoked with greater justice and propriety than in a case of disputed boundary."

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

In 1846, the equity suit having been decided (4 Howard 591), 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 the 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 report of the commissioners, as follows:

Begin at the northwest corner of Rhode Island, on Connecticut line, in latitude 42°00'29'' north, and longitude 71°48'18" west of Green

68

BOUNDARIES OF THE

UNITED STATES AND THE SEVERAL STATES

wich, 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, 27 monuments were placed 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 agreement and boundary line but proposed another joint commission, which was approved by Rhode Island. 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 U.S. Supreme Court should confirm the same. The prayer was granted, and the line was thus finally established by a decree rendered December 16, 1861.67

The Supreme Court decision made no reference to the line from Burnt Swamp Corner to the Connecticut line. In 1865 the Legislature of Massachusetts took action in regard to this portion of the line, as follows:

68

Resolved, That the boundary line between the State of Rhode Island and the Commonwealth of Massachusetts, from the line of the State of Connecticut to Burnt Swamp Corner, begins at the north west corner of the State of Rhode Island on the Connecticut line, in latitude 42°00'29'' north, and longitude 74°48'18'' west of Greenwich, and 512 runs in a straight line 21 and -miles to Burnt Swamp Corner, in 1000 Wrentham, being in latitude 42°1'8''.60 and longitude 71°23'13''.26. [See p. 69 for corrected position for this mark.]

This is the line agreed upon by commissioners and called the "line of 1848," which was ratified by Rhode Island when run but was rejected by Massachusetts.

As a result of the tardiness of Massachusetts in ratifying the line, Rhode Island rejected it on the ground that the then recent settlement of the eastern boundary by the decree of the Supreme Court had so changed the aspect of the controversy that she could not consent

67 A full discussion of the Massachusetts-Rhode Ialsnd boundary disputes, including reports of commissioners and legislative acts, may be found in Massachusetts H. Doc. 102 of 1861; Doc. 3 of 1869; Doc. 1230 of 1899; in Rhode Island Acts, May 1867; and in U.S. Supreme Court Rec. 3, December term of 1852.

8 This is a clerical error. "Longitude 74°48'18"" should read "longitude 71°48'18"'."'

to the adoption of the line of 1848 as her northern boundary. Thus the northern boundary of Rhode Island was left in the condition prescribed by the Supreme Court decision of 1846.

In June 1880, the Legislature of Rhode Island passed a resolution to remove the monuments of the "line of 1848" and erect monuments on the jurisdictional line. In 1881 the Legislature of Massachusetts took like action. This jurisdictional line has the same termini as the line of 1848 but is a very irregular line, in places running north of a direct line and elsewhere falling south of it, the extreme variations being 529.3 feet north and 129 feet south. It is described as follows:69

Beginning at a monument of dressed granite, marked "Mass." on the north, "R.I." on the south, and "Con." on the west sides, standing at the northwest corner of the State of Rhode Island, in latitude 42°00'29.45'', longitude 71°48'18.07'' west of Greenwich; thence running easterly in a straight line to a pile of stones on the westerly bank of Wallum pond at high-water mark; thence easterly in a straight line to the southwest corner of Uxbridge and the southeast corner of Douglas, to a monument of dressed stone, marked "D Nov. 9, 1829," on northwest face and "U" on east face, and "B" on south face; thence running easterly in a straight line to a point formed by the intersection of the easterly line of Harris Avenue, so called, with the southerly line of Gaskill Street near the bridge of Waterford, and about fifteen rods easterly of the easterly bank of the Blackstone River; thence running easterly in a straight line to a monument of split stone granite about five feet above ground, having five faces, marked on the west face "M," on the northeast face "B," and on the south face "C"; thence easterly in a straight line to the stone monument now standing on Wrentham Plain at Burnt Swamp Corner, marked on two sides Mass. and on the other two sides R.I.

The following statement concerning the east boundary of Rhode Island was made by commissioners of 1897-98 for both States (Massachusetts Topog. Survey, 1900):

On March 1, 1862, a decree of the Supreme Court of the United States issued the previous year became effective, which changed the boundary line between the Commonwealth of Massachusetts and the State of Rhode Island. By this change the town of Pawtucket west of the Seven and Ten Mile rivers, a narrow strip of Seekonk between the middle of the above-named rivers and the line of highest water on the eastern banks, and the southwestern part of Seekonk, now East Providence, were annexed to Rhode Island, in exchange for territory in the vicinity of Fall River. The Legislature of Massachusetts anticipating this change, provided by chapter 187 of the acts of 1861 for the proper jurisdiction of the territory east of this new boundary, and the State of Rhode Island by a similar act, chapter 379 of the acts of 1861, provided for the jurisdiction of the new territory acquired west of this line.

On account of the imperfect marking of this line and the difficulty of defining the high-water lines of rivers and ponds, which formed the State boundary, it was decided in 1897 to redefine the line and to substitute for indefinite high-water boundaries a series of straight lines as near as may be to the line established by the decree of 1861, which could be readily and permanently marked.

The general court of that year authorized the topographical survey commission, representing Massachusetts, to act in conjunction with a commission representing Rhode Island, in locating, defining, and

Massachusetts Laws for 1883, chap. 154, approved Apr. 30, 1883. Rhode Island act approved Mar. 22, 1883.

marking the State boundary line, from "Burnt Swamp Corner" southerly to the sea.

A full report of the doings of these commissions was made in May 1899, and the general courts of both States promptly ratified their work by the passage of acts which contain a full description of the line.""

The 1898 survey of the east boundary of Rhode Island was commenced at Burnt Swamp Corner, marked by a granite monument inscribed "Mass.-R. I. 1861-1883; 1898," in lat 42°01'08.35" and long 71°22' 54.51". The line thence runs S. 2'40" W. 8.65 miles, thence east and south by straight-line courses of irregular length to a point where it intersects the line of high water of the Atlantic Ocean, in lat 41°29'50.87", long 71°07'15.62", about 45.789 miles from the point of beginning. The termini of all the straight lines are marked by the old monuments where recovered or by new granite monuments 12 by 12 inches by 92 feet, suitably lettered and set 51⁄2 feet in the ground.

In 1713, commissioners from the Province of Massachusetts Bay and the Colony of Connecticut adopted a line between Massachusetts and Connecticut. By this line the frontier towns of Woodstock, Suffield, Enfield, and Somers were given to Massachusetts. In 1749 the Legislature of Connecticut passed a resolution stating that inasmuch as the line had not been approved by the King and the two colonies had no legal right to transfer territory without the confirmation of the Crown, the contract was void, and these towns were again taken under the jurisdiction of Connecticut. Massachusetts appealed to the King, and the claims of Connecticut were fully established. (Hollister, 1855, v. 2, p. 463-464.)

In 1791 Massachusetts and Connecticut appointed commissioners to establish the boundary between them, but the commissioners were unable to agree.

In 1803 commissioners were appointed to complete the line west of the Connecticut River, a compromise having been made concerning the line between the town of Southwick and the towns of Suffield and Granby (the cause of the disagreement of the former commissioners). The agreement made was as follows:"1

That the line should begin from a station 8 rods south of the southwest corner of West Springfield, and thence run west to the large ponds, and thence southerly by those ponds to the ancient south line of Westfield, and from thence on said south line to the ancient southwest corner of Westfield; and from thence northerly in the ancient west line of Westfield to the station in said west line made by commissioners in the year 1714, and from thence to the southwest corner of Granville.

To Massachusetts act of June 3, 1899, chap. 476; Rhode Island act of May 26, 1899, chap. 638. Massachusetts H. Doc. 1230, May 23, 1899, contains reports of the commissioners and of the engineer; also contains a plat of the line and descriptions of the monuments.

Massachusetts Special Laws, 1805, v. 3, p. 234. For the full report of the commissioners, see Connecticut Private Laws, 1837, v. 2, p. 15401544.

69

BOUNDARY LINES OF THE STATES MASSACHUSETTS

The reason for this peculiar deviation from a straight boundary, known as the "Southwick jog," is that, in adjusting errors in the boundary line between Connecticut and Massachusetts as previously run by compass, a long, narrow strip of land was given to Connecticut; the Southwick jog ceded to Massachusetts was intended to be an equivalent area (Bowen, 1882, p. 65).

In 1826 the line between Massachusetts and Connecticut east of the Connecticut River was run by commissioners appointed from each State, and 49 stone monuments were erected, marked "M" on the north side and "C" on the south. (Connecticut private laws, 1837, v. 2, p. 1544-1550.)

The same commissioners surveyed and marked the line from the northeast corner of Connecticut to the northwest corner of Rhode Island, reporting as follows:

Beginning at the monument erected at the northeast corner of said State of Connecticut and running in a direct line to the ancient heap of stones on the north side of the turnpike leading from Hertford to Boston, through Thompson and Douglass, where we erected a monument, and thence running in a direct line to the northwest corner of the State of Rhode Island.

The present boundary between Massachusetts and Connecticut was fixed by a joint commission authorized by legislative acts of both States in 1905. The line as surveyed and marked was approved by Massachusetts in 1908 (Massachusetts Acts of 1908, chap. 192), by Connecticut in 1913, and by the U.S. Congress October 3, 1914 (38 Stat. L. 727). Part of it is thus described:

Beginning at a granite monument at the northwest corner of the State of Rhode Island and marking the corner of Massachusetts, Rhode Island, and Connecticut, in latitude 42°CO'29.150'' and longitude 71°47'58.778''; [thence in a general northerly direction] to a granite monument at the northeast corner of the State of Connecticut, in latitude 42°01'24.807" and longitude 71°48′04.123''."

From this corner, the boundary is approximately a straight line bearing 1° or 2° north of west to a point near the Connecticut River.

From a granite monument in lat 42°02'04.619", long 72°31′55.276", the line runs as follows:

South 81°56'34'' west, 11,309 feet to a granite monument about 620 feet south of Allen Street in Longmeadow, in latitude 42°01'48''.933 and longitude 72°34'23''.644; thence south 51°56′28′′ west, 3,238 feet to a granite monument 450 feet east of the main road from Thompsonville to Springfield, in latitude 42°01′29′′'.212 and longitude 72°34'57''.422; thence north 88°35′49′′ west, 5,834 feet to a granite monument on the top of the bank, about 175 feet east of the easterly shore of the Connecticut River, in latitude 42°01'30''.616 and longitude 72°36'14''.696; thence in the same direction, 950 feet to the middle

73 The 1927 N.A.D. positions of these two monuments are lat 42°00′28.35" N., long 71°47'58.97 W. and lat 42°01′24.32'' N., long 71°48′04.22" W.