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HOUSE No. 1230 TOPOGRAPHICAL SURVEY

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HOUSE No. 1230 TOPOGRAPHICAL SURVEY HOUSE No. 1230 REPORT OF THE COMMISSIONERS ON THE TOPOGRAPHICAL SURVEY, RELATIVE TO THE BOUNDARY LINE BETWEEN THE COMMONWEALTH OF MASSACHUSETTS A N D THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. dTommomoenitl) of illassadjusette. Topographical Suevey Commission, Office, R oom 138, State House, Boston, May 23, 1899. To the Speaker of the House of Representatives. Sir : — We have the honor to transmit herewith, for the information and use of the Legislature, a report on a portion of the boundary line between Massachusetts and Rhode Island, with accompanying papers and plans. Respectfully submitted, DESMOND FITZGERALD, ALFRED E. BURTON, FRANK W. HODGDON, Commissioners on the Topographical Survey. REPORT. To the Honorable Senate and House of Representatives of the Common­ wealth of Massachusetts, in General Court assembled. The Commissioners on Topographical Survey, authorized and directed by chapter 88 of the Resolves of 1897, acting with any officer or agent approved by the State of Rhode Island for a like purpose, to locate, define and mark by appropriate monuments a series of straight lines along the jurisdictional line between the Commonwealth of Massachu­ setts and the State of Rhode Island and Providence Plan­ tations, from the so-called “ Burnt Swamp Corner” in Wrentham, southerly to the sea, said straight lines to follow as near as may be the line established by a decree of the Supreme Court of the United States, dated the sixteenth day of December, 1861, and to make a full report of their doings to the General Court, respectfully submit the follow­ ing report: — The boundary line between Massachusetts and Rhode Island has been the subject of much dispute for more than two hundred years. Many commissions have reported upon various portions of the line, and litigation has ensued. A suit relating to the northerly boundary of Rhode Island was finally brought in the Supreme Court by Rhode Island in 1832, which was decided in favor of Massachusetts in 1845; and in 1852 Massachusetts also brought suit in the same court, in relation to the easterly portion of the Rhode Island boundary line. A description of these controversies is contained in the records of the United States Supreme Court No. 3, Decem­ ber term, 1852, and in House Document 102 of 1861, in the latter of which Senate Documents Nos. 14 and 128 ot 1848 and House Document No. 120 of 1851 are reprinted. House Document No. 3 of 1869, relating particularly to the northern portion of the Rhode Island line, contains a re- 4 MASS. AND R. I. BOUNDARY LINE. [June, view of many facts connected with the early history of both the northerly and easterly portions of the Rhode Island line. A brief but comprehensive statement may also be found in Bulletin No. 13 of the United States Geological Survey, published in 1885, pp. 47-57. Early in 1848, an agreement on the line which had been so long in dispute appeared to be approaching settlement, so that this date forms an appropriate starting-point for a brief historical review of the facts which led to the re-establish­ ment of the line by the present commissions. Commissioners were appointed in 1844 by both States to ascertain and establish the true boundary from Pawtucket Falls to Bullock's Neck, and their authority was extended in 1845-46 to cover the whole easterly line from “ Burnt Swamp Corner” to the ocean. In January, 1848, with one dissenting member, they reported an agreement upon a line described in the Rhode Island Commissioners’ report of the previous year. The Legislature of Massachusetts immediately declared these proceedings null and void, and appointed another com­ mission to join with Rhode Island. They were not restricted to finding “ the true line,” and provision was made for tak­ ing the case into court in case of failure to agree with Rhode Island. A proposition by Massachusetts to adopt the line of 1741, with an alternative regarding the settlement of the Fall River line, was rejected by Rhode Island. A second proposition, identical with the first as far as it related to the southern portion of the line, but following the channel of Seekonk River to Pawtucket Falls and the centre of Blackstone River to a meridiau line, was rejected by Rhode Island, and a counter proposition was made by that State that “ a jurisdictional line be taken as a basis,” subject to such transfers and exchanges of territory as might be deemed expedient to both States. This proposal was declined by Massachusetts, and another suggested, waiving the subject of “ a jurisdictional line as a basis,” and providing for negotiations to establish a boun­ dary that should be “ just and convenient ” for the respective States. This proposal was accepted by Rhode Island. 1899.] HOUSE — No. 1230. 5 Action was delayed in 1850 by the death of one member of the commission and the appointment of another. Nego­ tiations continued until 1851. Finally, the commissioners reported that there was no reasonable ground to anticipate a just settlement, and in December, 1852, a bill of complaint was introduced by Massachusetts in the Supreme Court, as provided in the Resolves of 1848. The answer of Rhode Island was tiled in 1855, and the case continued. Massachu­ setts then, by chapter 69 of the Resolves of 1859, authorized the Attorney-General and counsel to negotiate fora “ con­ ventional line,” subject to the approval of the Governor and Council. This line was to be confirmed by a decree of the Supreme Court of the United States. In 1859 the Congress passed an act (chapter 28) to authorize the Attorney-General to represent the United States in the proceeding in equity then pending in the Supreme Court, between the Common­ wealth of Massachusetts and the State of Rhode Island and Providence Plantations. This act provided that, in case the suit should be adjusted and confirmed by a decree of the court, the conventional line so agreed upon should be the true boundary. In 1860, Rhode Island, by the passage of an act (chapter 320), agreed to a conventional line which was described in the act; and in December of the same year the court ap­ pointed two engineers, one from each State, and ordered a survey of the line. The engineers reported to the court the following year, giving a full description of the line located by them. This line was ratified by Massachusetts by the pas­ sage of chapter 187 of the Acts of 1861, and by Rhode Island by the passage of chapter 379 of the Acts of 1861; and subsequently Massachusetts filed a supplemental bill in the Supreme Court, requesting the court to issue the decree, which was done on Dec. 16, 1861. The following are ex­ tracts from the decree : — The line surveyed begins at “ Burnt Swamp Corner,” so called, in Wrentham, in latitude 42° 01' 08" north, longitude 71° 23' 13'' west of Greenwich [Bessel’s spheroid], being the north-easterly corner of Rhode Island. Thence in a straight line to the centre of a stone monument in the division line between Attleborough and Pawtucket, on the 6 MASS. AND R. I. BOUNDARY LINE. [June, easterly bank of the Blackstone River, being in latitude 41° 53' 36" north, longitude 71° 23' 14" west. Thence easterly, by the northerly line of the town of Pawtucket, to a point where said line intersects the highest water mark on the easterly side of Farmer’s or Seven Mile River, which point is shown on accompanying sheet marked “ A,” and designated as “ Bound No. 1,” being in latitude 41° 53' 54" north, longitude 71° 20' 40" west. From Bound No. 1 the line runs southerly, following the highest water mark on easterly side of Farmer’s or Seven Mile River, as designated on said sheet marked “ A,” to its junction with the highest water mark on the southerly and easterly side of Ten Mile River, at a point designated as “ Bound No. 3.” From Bound No. 3 the line runs southerly, following the highest water mark on the southerly and easterly side of said Ten Mile River, as shown on sheet marked “ A,” to a point designated as “ Bound No. 13,” said last point being at the most southerly bend of Ten Mile River in said line of highest water mark. The line of highest water mark, as shown on sheet “ A,” is defined by offsets at right angles to straight lines shown on said plan in blue ink from Bound No. 1, and passing through points designated as bounds numbers 2 to 13 inclusive. From Bound No. 13 the line runs south-easterly, being a straight line to the centre of a stone pier in the middle of Runnin’s River on the north side of road leading by Luther’s store. Thence through the centre or middle of said Runnin’s River, as the same is at low water, to a point where such line intersects the dividing line between Barrington and Seekonk, being in latitude 41° 46' 28", longitude 71° 19' 23". Thence north-easterly, following the dividing line between Bar­ rington and Seekonk to a point at the northerly extremity of the dividing line between Barrington and Swanzey, in latitude 41° 36' 34," longitude 71° 19' 30". Thence in a straight line south-easterly.to the centre of a copper bolt in King’s Rock, so called, and well known, near an ancient monument on said King’s Rock, being on the west side of road leading from Warren to Swanzey. This point is in latitude 41° 45' 22.98", longitude 71° 16' 35.75". From King’s Rock the line follows the dividing line between Warren and Swanzey to Mount Hope Bay, running in a straight line south-easterly to a point on the Birch Swamp Farm, in lati­ tude 41° 45' 08", longitude 71° 15' 58.5".
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