The
Boundary of Massachusetts
from Boundaries of the United States and the Several States
Franklin K VanZandt USGS Bulletin 1212, 1966
"Massachusetts" pages 95-106
The territory of Massachusetts was included in the
first charter of Virginia, granted in 1606, and in the charter
of New England, granted in 1620.
In 1628 the council of Plymouth made a grant to the governor and
company of Massachusetts Bay in New England, which was confirmed
by the King, and a charter was granted in 1629, from which the
following extracts:
***Nowe, Knowe Yee, that Wee *** have given and graunted ***all
that parte of Newe England in America which lyes and extendes
bewteene a greate River there comonlie called Monomack River,
alias Merrimack River, and certen other River there, called Charles
River, being in the Bottome of a certan bay there, comonlie called
Massachusetts, alias Mattachusetts, alias Massachusetts Bay; and
also all and singuler those Landes and Hereditaments 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
whatsover, lying and being within the space of three Englishe
Myles to the southward of the Southernmost Parte of the said Baye,
Called Massachusetts, alias Mattachusetts, alias Massachusetts
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 Northward 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 Easte Parte, to the South Sea on the West Parte;
***Provided alwayses, That if the said Landes *** were at the
tyme of the graunting of the saide former Letter patents, dated
the Third Day of November, in the Eighteenth Year of our said
deare Fathers Raigne aforsaide, actuallie possessed of inhabitted
by any other Christian Prince of State, or were within the Boundes,
Lymyttes or Territories of that Southene Colony, then before graunted
by our said late Father *** That then this present Graunt shall
not extend to any such partes or parcell 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
...
The charter of Massachusetts Bay, granted in 1629, was canceled
by a judgement 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:
***Wee doe *** will and Ordeyne that the Territories and Collynes
comonly called or known by the Names of the Collony of the Massachusetts
Bay and Collony of New Plymouth and Province of Main the Territorie
called Accadia or Nova Scotia and all that tract of land lying
betweene the said Territories of Nova Scotia and the said Province
of Main be Erected Vnited and Incorporated *** into one 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 Coad 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 toward 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 Harbor 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 Harbor
mouth aforesaid North-eastward along the Sea Coast to Sagedehock
and from the Period of One Hundred and Twenty Miles aforesaid
to crosse 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 Natuckett 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 parte 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 ten Leagues directly
opposite to the Main Land within the said bounds.
The present northern boundary of Massachusetts was first surveyed
and marked in 1741... [New Hampshire]
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 ...
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
follows:
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-patents
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...
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 royal decree. In accordance with this decree the line was
run in 1746 by commissioners of Rhode Island whose report may
be found in the US Supreme Court record 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. Mass
failed to appoint commissioners, where upon 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:
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 the 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 Wrentham Plain, at Burnt Swamp
Corner, was considerably more than 3 miles south of the Charles
River.
This controversy, however, embraced the entire line from Connecticut
to the Atlantic Ocean. Massachusetts asserted that an encroachment
has 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:
"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..., 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 42º00´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, 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.
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:
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˜
[sic] west of Greenwich, and runs in a straight line 21 and 512/1000
miles to Burnt Swamp Corner, in Wrentham, being in latitude 42?1´8˜.60
and longitude 71?23´13˜.26. [later this coordinate
{74?} was corrected].
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 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 variation being 529.3 feet north and
129 feet south. It is described as follows:
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 western 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 the northwest face and "U" on the
east face, and "B" on the 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 the other two
sides R.I.
The following statement concerning the east boundary of Rhode
Island was made by the commissioners of 1897-98 for both States:
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 the 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 line 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 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 9-1/2 feet, suitably lettered and set 5-1/2
feet in the ground.
CONNECTICUT
In 1713, commissioners from the Province of Massachusetts
Bay and 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.
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 was made as follows:
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 on said south line to the ancient southwest
corner 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.
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...
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.
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 ... by Connecticut in 1913, and by the
U. S. Congress October 3, 1914 .... 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?00´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˜ [these coordinates were later
adjusted in the 1927 North American Datum].
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: [in the following
description, the latitudes and longitudes are omitted]
South ... and west, 11,309 feet to a granite monument about 620
feet south of Allen Street in Longmeadow ... thence south 3,238
feet to a granite monument 450 feet east of the main road from
Thompsonville to Springfield,... ; thence north... 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,...; thence in
the same direction, 950 feet to the middle of said river; thence
northerly along a line midway between the banks thereof, about
2,075 feet; thence ... 1,206 feet to a granite monument standing
on the bank about 225 feet west of the westerly shore the river,
...; thence in the same direction 7,661 feet to a granite monument
about 875 feet west of North Street, or Suffield Street, the middle
road from Suffield to Springfield, ...; thence north west 8,966
feet to a granite monument on the easterly side of Halladay Avenue,
or Front Street, the road from Suffield to Feeding Hills, ...;
thence north ... west to a granite monument on the easterly side
of West Street, the road from West Suffield to Westfield ...;
thence south west 4,137 feet to a granite monument at the corner
of Agawam and Southwick in Massachusetts and Suffield in Connecticut,...;
thence south... west 132 feet to a granite monument, ... ; thence
south west, 11,231 feet to a granite monument on the easterly
shore of Congamond Lake, ...; thence in the same direction, 14.5
feet to the shore of the lake as it would be with the surface
of the water at the elevation it was in 1803; thence southerly,
by the easterly shore of the lake as it would be with the surface
of the water at the aforesaid elevation to a point opposite a
granite monument near the shore at the southerly end of the lake;
thence south... west, about 25 feet to said monument, ...; thence
in the same direction 1,632 feet to a granite monument at the
southeasterly corner of the "Southwick Jog" ... thence
south west 13,827 feet to a granite monument at the southwesterly
corner of the "Southwick Jog", in ...; thence north
east 14,261 feet to a granite monument known as the "Crank
Monument", in latitude 42?02´12.399˜ and longitude
72?48´51.223˜.
From this corner the line runs on a general westerly course, bearing
about 1? north of west, to
a large rock, marked 1803 on its southerly side, in Sage's Ravine,
in latitude 42?03?02.214˜ and longitude 73?26´00.030˜;
thence south 88?31´58˜ west 14,787 feet to a granite
monument at the northwesterly corner of the State of Connecticut
and marking the corner of Massachusetts, New York, and Connecticut,
in latitude 42?02´58.427˜ and longitude 73?29´15.959˜.
NEW YORK
The boundary between Massachusetts and New York was from an early
period a subject of controversy, New York claiming to the west
bank of the Connecticut River, under the charters of 1664 and
1674 to the Duke of York, and Massachusetts claiming to the "South
Sea", under the old charters. After many fruitless attempts
at a settlement, the western boundary of Massachusetts was fixed
in 1773 where it now meets New York territory. The Revolution
soon following, the line was not run. In 1785 Congress appointed
three commissioners to run the line, who performed that duty in
1787. The line was as follows:
Beginning at a monument erected in 1731 by commissioners from
Connecticut and New York, distant from the Hudson River 20 miles,
and running north 15?12´9˜ east 50 miles 41 chains
and 79 links, to a red or black oak tree marked by said commissioners,
which said line was run as the magnetic needle pointed in 1787.
The claims of Massachusetts to western land within the territory
of the State of New York were finally settled December 16, 1786,
by a joint commission of the two States. By this agreement Massachusetts
surrendered the sovereignty of the whole disputed territory to
New York and received in return the right of soil and preemption
right of Indian purchase west of the meridian passing through
the eight-second milestone of the Pennsylvania line ... except
certain reservations upon the Niagara River. The title to a tract
known as "The Boston Ten Towns," lying east of this
meridian and previously granted to New York by Massachusetts,
was confirmed....
On April 19, 1785, Massachusetts executed a deed transferring
to the United States all title of Massachusetts to territory west
of the present western boundary of New York.
In 1820 Maine, previously a part of Massachusetts, was admitted
into the Union as an independent State.
In 1853 an area of about 1,010 acres in the southwest corner of
Massachusetts, known as Boston Corners, was ceded to New York,
and in 1855 the cession was confirmed by Congress.
The present boundary between Massachusetts and New York was thus
described from resurveys by a joint commission in 1899: [most
coordinates are omitted here]
Beginning at bound 1, a granite monument set in ledge on the side
of a wooded mountain peak six hundred and nine feet east of Ryan
Bush Road, in latitude 42?02´58.427˜ north of the equator,
and longitude 73?29´15.959˜ west from Greenwich, and
marking the northwest corner of Connecticut, a corner of the Commonwealth
of Massachusetts, and a corner of the State of New York; then
on an azimuth of 90?43´49˜, twenty-six hundred and
twenty-four feet to bound 3, a granite monument set in ledge on
the steep westerly slope of a wooded mountain ... at the southwest
corner of Massachusetts, also in the eastern line of New York,
and marking a corner of the towns of Mount Washington, in Massachusetts,
and Ancram and Northeast, in New York; thence on an azimuth ...
thirteen thousand six hundred and forty-nine feet to bound 9,
a granite monument set in ledge on the westerly wooded slope of
Alandar Mountain about a quarter mile west of its summit, ...
at the corner of Mount Washington, in Massachusetts, and Copake,
in New York; thence on an azimuth ... two hundred forty-nine thousand
two hundred and forty-six feet, by the towns of Mount Washington,
Egremont, Alford, West Stockbridge, Richmond, Hancock, and Williamstown,
in Massachusetts, and Copake, Hillsdale, Austerlitz, Canaan, New
Lebanon, Stephentown, Berlin, and Petersburg, in New York, to
bound 112, a granite monument set in ledge and earth on an open
easterly slope about seventy-five feet west of a private roadway
... at the northwest corner of Massachusetts, also in the east
line of New York and in the south line of Vermont, and marking
a corner in the boundaries of the towns of Williamstown, in Massachusetts,
Petersburg, in New York and Pownal, in Vermont.
The term "azimuth" as used in this description is the
angle which a line makes at its point of beginning with the true
meridian, reckoning from the south around by the west.
This location of the line was approved by Massachusetts May 8,
1901, and by New York June 9, 1910 ....
VERMONT
By the terms of the charter of Massachusetts Bay, of 1629, that
colony was granted all the lands
which lye, and be within the space of three English Myles to the
Northward of the said River called Monomack alias Merrymack, or
the Northward of any and every parte thereof.
Under this clause, Massachusetts Bay claimed that its jurisdiction
extended to a line 3 miles north of the northernmost part of the
Merrimack River, such jurisdiction would embrace a large part
of New Hampshire and Vermont. New Hampshire contested this claim
and after several years' controversy was more than sustained by
a decision of the King in 1740... Massachusetts agreed to the
independence of Vermont in 1781 [and was admitted to the Union
as a State in 1791].
The south boundary of Vermont is part of the north boundary of
Massachusetts, which was fixed by the King in council under date
of August 5, 1740, and surveyed under the direction of Governor
Belcher in 1741. It was resurveyed and re-marked by commissioners
representing the two states between 1885 and 1898. This survey
was commenced at the northwest corner of Massachusetts, at a monument
consisting of a granite post 8 feet long and 14 inches square
set nearly 5 feet in the ground. The faces toward the different
States were marked "N.Y. 1898", "Mass. 1896"
and "Vt. 1896". Its geographic position is lat 42?44¨44.7˜
N., long 73?15´54.13˜ W. (1927 N. A. D.). From this
point the boundary is a nearly straight line, bearing about 2?
south of east (true bearing), and runs 41 miles to the southeast
corner of Vermont, which is a mark on the west bank of the Connecticut
River.
NEW HAMPSHIRE
After the death of Capt. John Mason, in December 1635, the affairs
of the colony [of New Hampshire] coming into bad condition, the
colonists sought the protection of Massachusetts in 1641 and enjoyed
it till 1675, when Robert Mason, a grandson of John Mason, obtained
a royal decree, under which, in 1680, a colonial government was
established. But no charter was given to the colony, and its government
was continued only during the pleasure of the King. The commission
or decree issued by the King in 1680 to John Cutt, of Portsmouth,
names the following limits for the colony:
Province of New Hampshire, lying & Extending from three miles
northward of the Merrimack River, or any part thereof to ye Province
of Maine.
In the year 1690 the Province of New Hampshire was again taken
under the jurisdiction of Massachusetts Bay, but in 1692 it was
once more separated.
A controversy that arose between the Provinces of New Hampshire
and Massachusetts Bay involved not only the boundary between New
Hampshire and Maine but also that between New Hampshire and Massachusetts.
The commissioners appointed by the two Provinces having been unable
to agree, New Hampshire appealed to the King, who ordered that
the boundaries should be settled by a board of commissioners appointed
from the neighboring colonies. The board met at Hampton in 1737
and submitted a conditional decision to the King, who in 1740
declared in council
that the northern boundary of the province of Massachusetts be
a similar curve line, pursuing the course of the Merrimack river,
at three miles distance, on the north side thereof, beginning
at the Atlantic Ocean, and ending at a point due north of Pautucket
falls [now Lowell], and a straight line drawn from thence due
west, till it meets with his Majesty's other Governments.
New Hampshire had claimed her southern boundary to be a line due
west from a point on the sea 3 miles north of the mouth of the
Merrimack River. Massachusetts had claimed all the territory within
3 miles north of any part of the Merrimack River. The King's decision
gave to New Hampshire a strip of territory, more than 50 miles
in length and varying in width, in excess of that which she claimed.
This decree of the King was forwarded to Mr. Belcher, then governor
of both the Provinces of New Hampshire and Massachusetts Bay,
with instruction to apply to the respective assemblies to unite
in making the necessary provisions for running and marking the
line conformably to the said decree, and if either assembly refused,
the other was to proceed ex parte. Massachusetts Bay declined
to comply with this requisition. New Hampshire therefore proceeded
alone to run and mark the line.
....
Under the King's decree of 1740, the Province of New Hampshire
claimed jurisdiction as far west as the territory of Massachusetts
and Connecticut extended, thus including the present State of
Vermont. New York claimed all the country west of the Connecticut,
under the charters of 1664 and 1674 to the Duke of York. A bitter
controversy ensued...
The south boundary of New York as surveyed between 1885 and 1898
is marked by 50 large cut-granite monuments at irregular intervals.
The initial point of this survey is the southwest corner of New
York and southeast corner of Vermont, marked by a copper bolt
in the top of a block of granite set in a mass of concrete 6 feet
square, "at or near ordinary low-water line" on the
west bank of the Connecticut River ....
From the State corner the line was run on a general course about
2-1/2? south of east (true bearing), measured distance of 57.84
miles to
the boundary pine monument, so-called, standing between the towns
of Pelham, New Hampshire, and Dracut, Mass, in the pasture land
owned by Zachariah Coburn, at a point where one George Mitchell,
surveyor, marked a pitch pine tree, March 21, 1741, then supposed
to be 3 miles due north of a place in the Merrimack River formerly
called Pawtucket Falls, now Lowell.
....
From this point the boundary consists of a series of straight
lines, approximately paralleling the Merrimack River and 3 miles
distant therefrom.
Massachusetts is one of the very few States that has had her boundary
lines adequately marked and by frequent inspection maintains the
marks in good condition. In addition to the marking of her exterior
lines the State has also had comprehensive surveys made of interior
township boundaries. The lines and corners are controlled by an
accurate system of triangulation; therefore if any number of marks
were destroyed the exact positions of new ones to replace them
could be readily ascertained from the triangulation data. The
results of these surveys are published by the State Harbor and
Land Commission in a series of folios, which give plats of the
lines, positions of triangulation stations, descriptions of boundary
marks, extracts from laws by which the lines were fixed, and some
historical matter.
-----------------------------------------------------------
In order to make sense when reading this, you need
as detailed a map as possible. However a road map will be useful.
The more detailed the map the more you can see what is being described.
On any map, however, if the Southwick Jog doesn't show, then you
will be able to see little else.
Terms to know:
charter
grants (by who? to who?)
hereditaments
letters patents
court of chancery
Cape Mallabar (see Dexter)
Sagadahock
jurisdiction
bill in equity
court decree
commissioners (who do you think were these people?)
ex parte
plats
surveying terms:
English Miles; rods; chains and links
latitude and longitude
degrees ? minutes ´ seconds ˜
azimuth, bearing
NAD 1927
triangulation
miles (how many feet in a statue or land mile?)
Questions to think about as you read the Massachusetts boundary
document.
--(general) Why was there so much 'problem' in settling early
boundaries?
--what if a grant extended into another grant? why would this
occur at all?
--what was contained in the 1691 charter? what was granted?
--why was the Mass-RI boundary specifically such a problem?
--why the Supreme Court involved?
--Is 41?55´ = 3 English miles south of the Charles River?
--When a mistake is made in a boundary, what is the legal principle
the court follows in a subsequent dispute over it?
--what are the boundary monuments made of? why? how marked? wha
happens if one gets 'lost'?
--how long did it take to finally agree on the Mass-RI line?
--what was the reason for the Southwick Jog? How big is it? check
the maps.
--what part of the Connecticut River is used as a boundary between
Massachusetts and Connecticut? What would you suppose would happen
if the river changed course? Do you think this ever occurs? Can
you cite an example where it would make a difference?
--how define a shoreline boundary when water levels fluctuate?
--what was the 'south sea' referred to west of New York?
--what was this business of the 'Boston Ten Towns'?
--can you see the 'Boston Corners' on the map?
--what natural feature was used to define the New Hampshire-Mass
boundary? How was it used?
--how was the New Hampshire line confusing (that is, how interpreted
differently by the two states)?
--what part of the Connecticut River was used as the Vermont boundary?
what difference does this make?
(general)
Can you see any towns (names) in western Massachusetts taken from
towns in the east? (see, for example, New Salem near Quabbin Reservoir,
in the center west of the state). How many can you find? Look
up the term toponomy.