R. A. II., agent and solicitor for the State of, moves the court for leave to file a bill of complaint, herewith exhibited, in a controversy which has arisen between said States touching the boundaries and jurisdiction of said States, and that the proper process may issue thereon, notifying the defendant that such a bill has been filed, and that said defendant may appear and defend On consideration of the motion of Mr. II., solicitor for the complainant, and of the prayer in the bill of complaint exhibited therewith, it is now here ordered by the court, that leave to file the said bill of complaint be, and the same is hereby, granted, and that thereupon the clerk do issue process as prayed for in this case, returnable to the next term of this court. No. 17. Bill of Complaint. To the Honorable the Supreme Court of the United States. The State of, by R. A. H., her agent and attorney duly appointed and commissioned in pursuance of law, states that a controversy has arisen between said State and the State of respecting the boundaries of said States; and the said State of complains that said State of, since the first day of January, A. D. one thousand eight hundred and has unlawfully claimed and exercised jurisdiction over, forming part of the territory of said State of -; that said States are severally bounded at the point in question, by the, and the said was, at the time said boundaries were fixed, and still is, on side of said the Wherefore complainant prays that said State of may be made a defendant to this bill, and permitted to answer the same; that upon a final hearing of the cause the boundary herein claimed may be ascertained and established by the decree of this court, and that the rights of possession, jurisdiction, and sovereignty of said State of to said be restored and the title of said State of thereto be quieted and the defendant forever enjoined and restrained from disturbing said complainant, her officers or people, in the full possession and enjoyment of the same; and the complainant prays such other and further relief as the nature of the case requires and to equity belongs. R. A. II., Agent and Solicitor for Complainant. No. 18. Bill of Complaint. SUPREME COURT OF THE UNITED STATES. RHODE ISLAND AND PROVIDENCE PLANTATIONS, COMPLAINANTS, vs. THE STATE OF MASSACHUSETTS, DEFENDANT. Bill to settle Boundary, &c. To the Honorable the Supreme Court of the United States, at the City of Washington, on the equity side thereof, humbly complaining show unto your honors your complainants, the State of Rhode Island and Providence Plantations, by Albert C. Greene, the Attorney-General thereof: That, [stating part of the bill.] [Confederacy clause, charging part, and jurisdiction clause omitted.] [Prayer for special relief; also prayer for general relief.] May it please your honors, the premises considered, to grant unto your complainants a writ of subpoena, issuing out of and under the seal of this honorable court, on the equity side thereof, to the State of Massachusetts to be directed, commanding the said State of Massachusetts, at a certain day and under a certain penalty, therein to be expressed, to be and appear before your honors in this honorable court, on the equity side thereof, then and there to answer all and singular the premises, and to stand to, abide, and perform such order and decree therein as to your honors shall seem meet, and agreeable to equity and good conscience; and your complainants will ever pray, &c. The State of Rhode Island and Providence Plantations, by ALBERT C. GREENE, Attorney-General thereof. ASHER BOBBINS, Solicitor for Complainant. No. 19. Subpoena. UNITED STATES OF AMERICA, SS. The President of the United States to the State of [SEAL.] GREETING: For certain causes offered before the Supreme Court of the United States, holding jurisdiction in equity, you are hereby commanded and strictly enjoined that, laying all other matters aside, and notwithstanding any excuse, you be and appear before the said Supreme Court holding jurisdiction in equity, on the day of next, at the City of Washington, in the District of Columbia, being the present seat of the national government of the United States, to answer unto the Bill of Complaint of the State of in the said court exhibited against you. Hereof you are not to fail, at your peril. Chief Justice of the said day of Supreme Court, at the City of Washington, the A. D. 18. Clerk of the Supreme Court of the United States. No. 20. Demurrer. SUPREME COURT OF THE UNITED STATES. STATE OF RHODE ISLAND vs. THE COMMONWEALTH OF MASSACHUSETTS. The Demurrer of the Defendant to the Complainant's Bill. The defendant, by protestation, not confessing all or any of the matters and things in the complainant's bill of complaint contained to be true, in such manner and form as the same are therein set forth and alleged, doth demur to the said bill, and for cause of demurrer shows: That no case is stated by the bill authorizing this court to grant the relief sought, or any other relief; That no such mistake or fraud is averred in the bill as is sufficient to set aside the awards and agreements between the parties, therein stated, nor any other cause or reason sufficient for that purpose; and that these awards and agreements conclude the question; That the bill states nothing which can do away the effect of the possession of Massachusetts up to the line asserted by her to be the true line, which possession the bill itself admits to have been continued for more than a century, and which possession is itself conclusive on the title; That the bill states no case for the interference of this court with the line of division actually existing between two independent States, fixed by treaty, compact, or agreement between them, and acquiesced in for a century, as is true of this case, according to the bill itself; That this court has no power nor jurisdiction to disturb or interfere with a boundary line actually existing between two States, well known and defined, and resting on early compact and long-continued acquiescence and possession, upon any allegation of fraud or mistake in the original transaction. Wherefore, and for divers other good causes of demurrer, appearing in the said bill, the defendant doth demur thereto, and asks the judgment of the court whether said defendant ought to be ordered to make any further or other answer to said bill; and prays to be hence dismissed with costs. DANIEL Webster, Of Counsel for Defendant. And J. F. AUSTIN, The Attorney-General of Massachusetts. |