“ But when it is admitted by the demurrer, that she never acquiesced, and has, from time to time, made efforts to regain the territory, by negotiations with Massachusetts, and was prevented, by the circumstances she mentions, from appealing to the proper tribunal to grant her redress; we cannot undertake to say, that the possession of Massachusetts has been such as to give her a title by perscription; or that the laches and negligence of Rhode Island have been such as to forfeit her right to the interposition of a court of equity. ”

“ We do not admit the existence of any such rule among nations. A practical difficulty in annulling treaties between sovereign states, founded on mistake, may arise from the absence of any common arbiter between them. But suppose, a common arbiter, by the agreement of parties, fully authorized to settle any question of boundary between two nations of sovereign and independent power, and one of them should rely upon a treaty, which it admitted was founded in a mistake of the other party, caused by its own misrepresentations ”

“ No other title gives, or was ever pretended to give, any right to the British crown to make conveyance of land or empire, jurisdiction or sovereignty, in this new world. By discovery or by conquest, possession was obtained, and hence possession became ultimate right. When this possession was parted with, the right was lost, at least, in effect, against all the rest of mankind but the royal authority. Now, this possession was lost to the crown, and was gained by Massachusetts, before the colony of Rhode Island was planted, or her charter drawn upon parchment. ”

“ The complainants assert, that lapse of time is only evidence against their title, but the demurrer of the defendant takes away the operation of the evidence. This cannot be, or there would be no demurrer for lapse of time on the face of the bill. But courts of equity adopt a higher principle. They will not assist a plaintiff to maintain a stale claim. They will save a party from the trouble of resisting such demands. It is manifest, then, that if there was mistake; if there was fraud, no relief will be granted after such a lapse of time. ”

“ The colony of Massachusetts was established by the royal charter, the plantation, by the act of the people. The charter of Rhode Island recognises the existence of Massachusetts as, at that time, she existed in fact. If the grant to Rhode Island was intended to include the space north of Woodward and Saffrey's station, which is nowhere so declared in the bill, and cannot be supposed, it would not convey any title from a grantor out of possession, and could, therefore, give, in this disputed territory, no claim to the colony. ”

“ But a plea of the statute of limitations, if admitted by the plaintiff, that is, if he admits that the time has elapsed, and that his case does not come within one of the specified exceptions, is matter of mere law, to be decided by the court. A statute of limitations prescribes a definite time, six years, or twenty years, beyond which no action can be brought. ”

“ No misrepresentations are charged to the commissioners of Massachusetts; no interference with the inquiries which the Rhode Island commissioners might be desirous of making; and the determination of the question was made, after every opportunity for examination. If a mistake was made, which is not admitted, can relief from it be now obtained, where no fraud is imputed.
The cases in the books sustain the views of the counsel for the state of Massachusetts. If better knowledge exist in one party to an agreement than in the other, the agreement will not be disturbed. ”

“ If men have agreed to a boundary between them, and it may be afterwards disturbed on the ground of mistake, the consequences would be disastrous, and fatal to the tranquil ownership of estates. Boundaries must be settled for the assurance of cultivation. ”

“ Now, if this mistake had been discovered a few days after the agreements were made, and Rhode Island had immediately gone before a tribunal, having competent jurisdiction, upon principles of equity, to relieve against a mistake committed by such parties, can there be any doubt, that the agreement would have been set aside, and Rhode Island restored to the true charter line? We think not. Agreements thus obtained cannot deprive the complainant of territory which belonged to her before; unless she has forfeited her title to relief, by acquiescence or unreasonable delay. ”

“ The peace of the world demands that it be an eternal estoppel between the parties. The boundary of the United States, by the treaty of Paris, of 1783; the designation of the River St. Croix, by commissioners under the treaty of London, commonly called Jay's treaty; and the results of the commission under the 4th article of the treaty of Ghent, are all suspected, with more reason than the ancient treaty line of these colonies, to have been settled by mistake ”

“ We shall dismiss this part of the case, and very briefly consider the question, whether length of time affords any defence to Massachusetts. We have various answers to the argument from time. In the first place, time is no objection to relief, where the mistake is admitted; if the case arises between the original parties to the contract; and if the plaintiff has not misled the defendant, by concealing the mistake an undue time, after it was discovered. In the present case, it is admitted, that Rhode Island disclosed the mistake as soon as it was discovered. ”

“ As to the exact location of this boundary, difficulties arose, and commissioners were appointed by Rhode Island and Massachusetts; and in 1719, agreements were made by the commissioners of both parties.
What is the ground on which these agreements are to be set aside? It is said to be, that they were founded in mistake; and that by them Massachusetts has gained, and Rhode Island has lost, four miles of territory. This is the whole ground. No fraud is charged, none is alleged. No assertion is made in the bill, that advantage was taken by Massachusetts in the adjustment ”

“ The husbandman would refuse to improve his land, unless he was at rest on the subject of the lines and corners of his property. If these principles regulate the concerns of individuals, how much more necessary are they in the relations between conterminous states. ”

“ Rhode Island discovered the mistake in 1749, and the proceedings set forth in the bill, show that Rhode Island has not acquiesced in the line then established; the object of this application to the court is to obtain relief from the mistake discovered in 1749.
The question is, whether this court can interfere, after so long a period; whether time alone will not prevent the disturbance of an adjustment of such long standing, and in reference to which no adverse movement has been made for nearly 100 years ”

“ All the subsequent proceedings having reference to this, depend on the same facts, and are not materially varied by the form of the bill.
But if this was a mistake by these commissioners, what is its equitable effect? 'It must not be understood, that in equity every kind of mistake is relievable, for though equity will relieve against a plain mistake, or misapprehension, or ignorance of title, yet equity will not interpose, if the fact is doubtful, or, at the time of the contract, equally unknown to both parties ”

“ Second, wherever there has been laches, the statute of limitations will be applied by courts of chancery. Story 735-6. In this case, both rules apply. 'There has been most abundant laches. Why did not Rhode Island apply to the privy council-to the continental congress-to this court, established in 1789? This is acquiescence; no matter what the complainants say, it is acquiescence. Such a course of aquiescence cures fraud, if any fraud had existed. 2 Story's Equity 739, note: cited also, Story's Equity Plead. ”

“ Various proceedings are set out, and facts stated in the bill, to show that the complainant never acquiesced; and to account for the delay in prosecuting her claim. Whether they are sufficient or not for that purpose, is not now in question. They are certainly consistent with the averment, and tend to support it.
The case, then, as made by the bill, and to be now taken as true, is substantially this: The charter boundary between these colonies was three miles south of Charles river ”

“ These commissioners measured three miles due south from the most southerly part of Charles river, and from the point extended a line due west, until it reached to Connecticut line. Upon this east and west line, only three miles south of Charles river, they erected various monuments. The Massachusetts commissioners refused any participation in the measurement of the distance of three milles south of Charles river, but adhered to the line established four miles farther south, by the agreements of 1710 and 1718. ”

“ The bill then states, that disputes still continued to exist between the inhabitants; that the boundary line still remained unsettled, as said pretended agreement was never in any manner ratified or confirmed by said colony of Rhode Island; that new commissioners were appointed in 1717, with full powers to settle all disputes; that these commissioners met at Rehoboth, in October 1718 ”