In 1643 a patent was granted for the Providence Plantations, from which the following are extracts: 51

And whereas there is a Tract of Land in the Continent of America aforesaid, called by the Name of Narraganset Bay; bordering Northward and Northeast on the Patent of the Massachusetts, East and Southwest on Plymouth Patent, South on the Ocean, and on the West and Northwest by the Indians called Nahigganneucks, alias Narragansets; the whole Tract extending about twentyfive English Miles unto the Pequot River and Country.

* Do, *

*

give, grant, and con

And whereas divers well affected and industrious English Inhabitants, of the Towns of Providence, Portsmouth, and Newport, in the tract aforesaid, have represented their Desire, · * firm to the aforesaid Inhabitants of the Towns of Providence, Portsmouth, and Newport a free and absolute Charter of Incorporation, to be known by the Name of the Incorporation of Providence Plantations, in the Narragansett Bay, in New England.

In 1663 Charles II granted a charter to the governor and company of the English colony of Rhode Island and Providence Plantations in New England in America, of which the following is an extract: 52 all that parte of our dominiones in New-England, in America, conteyneing the Nahantick and Nanhyganset Bay, and countryes and partes adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river, and soe along the sayd river, as the greater or middle streame thereof reacheth or lyes vpp into the north countrye, northward, unto the head thereof, and from thence, by a streight lyne drawn due north vntil itt meets with the south lyne of the Massachusetts Collonie; and on the north, or northerly, by the aforesayd south or southerly lyne of the Massachusetts Collony or Plantation, and extending towards the east, or eastwardly, three English miles to the east and northeast of the most eastern and northeastern parts of the aforesayd Narragansett Bay, as the sayd bay lyeth or extendeth itself from the ocean on the south, or southwardly, vnto the mouth of the river which runneth towards the towne of Providence, and from thence along the eastwardly side or banke of the sayd river (higher called by the name of Seacunck river), vp to the ffalls called Patuckett ffalls, being the most westwardly lyne of Plymouth Collony, and Soe from the sayd ffalls, in a streight lyne, due north, untill itt meete with the aforesayd line of the Massachusetts Collony; and bounded on the south by the ocean: and in particular, the lands belonging to the townes of Providence, Pawtuxet, Warwicke, Misquammacok, alias Pawcatuck, and the rest vpon the maine land in the tract aforesayd, together with Rhode Island, Blocke Island, and all he rest of the islands and banks in the Narragansett Bay and bordering vpon the coast of the tracts aforesaid (Fisher's Island only excepted),

This charter was in force until 1843, when the constitution adopted in 1842 became effective.

For a history of the northern and eastern boundaries see Massahusetts, pages 74-82.

In 1703 substantially the present western boundary was adopted by an agreement made between the commissioners from the two

colonies of Rhode Island and Connecticut, viz, "A straight line from the mouth of Ashawoga River to the southwest corner of the Warwick purchase, and thence a straight north line to Massachusetts." The line of 1703 was actually run by Rhode Island and is still known as the Dexter and Hopkins line. The two Colonies disagreeing, Rhode Island appealed to the King, and the agreement of 1703 was finally established in 1726. In September, 1728, commissioners from the two Colonies met and ran the line.53

In 1839 commissioners were appointed by Rhode Island and Connecticut to survey the line and erect monuments. The following line was established:

Beginning at a rock near the mouth of Ashawoga River, where it empties into Pawcatuck River, and from said rock a straight course northerly to an ancient stone heap at the southeast corner of the town of Voluntown, and from said rock southerly in the same course with the aforesaid line, until it strikes Pawcatuck River. From the southeast corner of Voluntown a straight line to a stone heap at the southwest corner of West Greenwich; from thence a straight line to the southwest corner of the ancient town of Warwick, and which is now a corner of the towns of Coventry and West Greenwich; from thence a straight line to the northwest corner of the town of Coventry; thence a straight line to the northeast corner of Sterling; thence a straight line to the southwest corner of Burrillville, and thence a straight line to a stone heap upon a hill in the present jurisdictional line between the States of Massachusetts and Rhode Island, and at all of said corners, excepting said Warwick corner, we have erected monuments of stone, marked R. I. and C., and have also placed similar monuments on all the principal roads crossing the line, and at other suitable places.

And we have caused the ancient monument which was erected at the Warwick corner in November, 1742, to be reset and a large heap of stones to be made around it. Said monument is marked with the letter C. on one side, and on the other RHODE ISLAND and the traces of other letters and figures." The work of the commissioners was ratified in 1846.

CONNECTICUT,55

In 1630 the Plymouth Council made a grant of Connecticut to Robert, Earl of Warwick, their president. This grant was confirmed by King Charles in 1631, and on March 19, in the same year, the earl conveyed his title to Lord Say and Seal, Lord Brooke, Sir Richard Saltonstall, and others, associated under the name of the Plymouth Co.56

53 For agreements of 1703 and 1728, decisions of English council, etc., see Rhode Island Hist. Soc., Coll., vol. 3.

54 Rhode Island acts and resolves, January, 1846, pp. 12, 13, 14.

55 For an excellent historical description of the boundaries of Connecticut see Bowen,

C. W., The boundary disputes of Connecticut, Boston, 1882.

Dwight, Theodore, jr., History of Connecticut, p. 19, New York, 1840.

A charter was granted by Charles II to Connecticut in 1662, of which the following is an extract: 57

We. * do give, grant and confirm unto the said Governor and Com- . pany, and their Successors, all that Part of Our Dominions in New England in America, bounded on the east by Narraganset River, commonly called Narrapanset Bay, where the said River falleth into the Sea; and on the North by the Line of the Massachusetts plantation; and on the South by the Sea; and in Longitude as the Line of the Massachusetts Colony, running from East to West, that is to say, from the said Narraganset-Bay on the East, to the South Sea on the West part, with the Islands thereunto adjoining.

Prior to this time the two colonies of Connecticut and New Haven had continued separate, but they were united under this charter, which was accepted April 20, 1665.58

The Duke of York having been granted a charter in 1664, by which the lands west of Connecticut River were embraced in his jurisdiction, the question of boundary immediately arose.

About this time Col. Richard Nichols, George Cartwright, Esq., Sir Robert Carr, and Samuel Maverick, Esq., had been appointed commissioners by the King and clothed with extraordinary powers to determine all controversies in the Colonies. The matter was referred to them, and, after a full hearing, they determined that the southern boundary of Connecticut was the sea, (Long Island Sound) and its western boundary Mamaroneck River and a line drawn north-northwest from the head of salt water in it to Massachusetts. The territory south and west of these lines was declared to belong to the Duke of York. It was supposed that this west boundary would run about 20 miles east of Hudson River, but it was discovered later by surreyors from Connecticut that it actually intersected the Hudson near the present site of Tarrytown.

In 1674 the Duke of York received a new charter in substantially the same terms as that of 1664. New controversies concerning jurisdiction led to a new agreement, dated November 28, 1683, between the governors of New York and Connecticut, which fixed the boundary substantially as it now exists between the two States and was sanctioned by the King. This agreement is as follows: 59

It is agreed that the bounds meares or dividend between his Royal High" Territory in America and the Colony of Connecticut forever hereafter shall begin att a certain Brook or River Called Bryam Brooke or River which River is

"Thorpe, F. N., op. cit., vol. 1, p. 535. necticut to a narrow strip of land called south line of New York) and to the "Western Reserve" see Report of the Regents [of New York] Boundary Commission upon the New York and Pennsylvania boundary, pp.

For a history of the claims made by Conthe gore" along the forty-second parallel (the

418 et seq., Albany, 1886.

Thorpe, F. N., op. cit., p. 529.

Report of the commissioner appointed to ascertain the boundary line between the States of New York and Connecticut, transmitted to the Legislature of New York, Apr. 10, 1857, p. 110, Albany, 1857.

between the Towns of Rye & Greenwich that is to say att the mouth of the said Brooke where it falleth into the Sound at a Point Called Lyon's Point which is the Eastward Point of Bryam River, and from the said Point to goe as the said River Runeth, to the place where the Common Road or Wading place over the said River is and from the said Road or Wading place to goe North North west into the Country soe farr as will be Eight English miles from the aforesaid Lyons Point, and that a Line of twelve Miles being measured from the said Lyons Point According to the Line or Generall Course of the Sound Eastward where the said twelve miles Endeth Another line shall be Runn from the Sound Eight miles into the Country North North West and alsoe that a fourth line be Runn that is to say from the North most end of the line first menconed unto the Northmost end of the Eight mile line being the third menconed line which fowrth line with the first menconed Line shall be the bounds where they shall fall to runn. And that from the Eastward End of the fowrth menconed Line (which is to be twelve miles in Length) A Line Parralell to Hudson's River in every place twenty miles distant from Hudson's River shall be the bounds there between the said Territory or Province of New Yorke, and the said Collony of Connecticutt soe farr as Connecticutt Doth Extend Northwards that is to the South line of the Massachusetts Collony.

Only it is Provided that in Case the Line from Bryams Brooke Mouth North North West Eight Miles and the line that is thence to runn twelve miles to the end of the third foremenconed line of Eight Miles Doe Diminish or take away any Land within twenty myles of Hudsons River that then soe much as is in Land Diminished of twenty miles from Hudsons River thereby shall be added out of Connecticutt bounds unto the Line aforemenconed & Paralell to Hudsons River and Twenty miles Distant from it the addition to be made the whole Length of the said Paralell line and in such breadth as will make upp Quantity for Quantity what shall be diminished as aforesaid.

A survey of the southwestern part of the boundary was made in 1684 and ratified by both parties. It was then decided that in accordance with the agreement a tract of land estimated at 61,440 acres should be permanently released to Connecticut by New York, in exchange for which New York should receive an equivalent area in a tract of uniform width between the Sound tract and the south line of Massachusetts, but for various reasons the survey of the equivalent lands was not made at that time.

This settlement of the boundary dispute was never satisfactory to the settlers in the tract added to New York, who for the next 40 years endeavored to have the line moved west. Four sets of commissioners appointed successively for this purpose were unable to come to an agreement. A fifth set, appointed in 1725, entered into articles of agreement settling the manner of the survey, but they ran only the line bounding the tract on Long Island Sound. For some cause action was then suspended until 1731, when the commissioners of 1725 surveyed and set off the oblong or equivalent territory to New York, defining and marking its boundary, which was to remain

forever the dividing line between the respective Colonies. The line ran substantially as at present and is as follows: 60

Beginning at Lyon's Point, in the mouth of a brook or river called Byram river, where it falls into Long Island sound, and running thence up along said river to a rock at the ancient road or wading place in said river, which rock bears north twelve degrees and forty-five minutes east, five hundred and fifty rods from said point; then north twenty-three degrees and forty-five minutes west, two thousand two hundred and ninety-two rods; then east-north-east, thirteen miles and sixty-four rods, which lines were established in the year one thousand seven hundred and twenty-five, by Francis Harrison, Cadwallader Colden, and Isaac Hicks, commissioners on the part of the then province of New York, and Jonathan Law, Samuel Eells, Roger Wolcott, John Copp, and Edmund Lewis, commissioners on the part of the then colony of Connecticut, and were run as the magnetic needle then pointed: then along an east-north-east continuation of the last-mentioned course, one mile, three-quarters of a mile, and twenty-one rods, to a monument. erected in the year one thousand seven hundred and thirty-one by Cadwallader Colden, Gilbert Willett, Vincent Matthews, and Jacobus Bruyn, junior, commissioners on the part of said province, and Samuel Eells, Roger Wolcott, and Edmund Lewis, commissioners on the part of said colony; which said monument is at the southeast corner of a tract known and distinguished as the oblong or equivalent lands; then north twenty-four degrees and thirty minutes west, until intersected by a line run by said last-mentioned commissioners, on a course south twelve degrees and thirty minutes west, from a monument erected by them in the south bounds of Massachusetts, which monument stands in a valley in the Taghkanick mountains, one hundred and twenty-one rods eastward from a heap of stones, in said bounds on the top or ridge of the most westerly of said mountains; then north twelve degrees and thirty minutes east, from a monument erected by said lastmentioned commissioners at said place of intersection, and standing on the north side of a hill, southeasterly from the easternmost end of the long pond, along the aforesaid line to the aforesaid monument erected in the south bounds of Massachusetts, being the northeast corner of the oblong;

For more than a century no controversy arose, but after 1850 questions of jurisdiction were raised, and in 1855 Connecticut made a proposition for a new survey. Several sets of commissioners were appointed; 61 but no agreement being reached, finally, in 1860, pursuant to an act of the Legislature of New York, the line was run by the New York commissioners, Connecticut not being represented. The first section of the act of the New York Legislature is as follows:

1. The commissioners appointed by the governor to ascertain the boundary line between the States of New York and Connecticut are hereby empowered and directed to survey and mark, with suitable monuments, the said line between the two States as fixed by the survey of 1731.

New York Stat. 1829, vol. 1, pp. 61-65; Rev. Stat. 1882, vol. 1, pp. 127-128.

See Report of commissioners appointed in 1856 to ascertain the boundary between the States of New York and Connecticut, Albany, 1857, which includes map and historical data.