Roger B. Taney

“ If this compromise and solemn establishment of a boundary, made a century ago, can be impeached on the ground of a mistake, so palpable and easy of detection; cannot every other made by the states be brought before this Court, on a similar assumption, usually much better founded; especially where degrees of latitude are called for as boundaries? If the parties, 'with full and equal knowledge of all circumstances,' compromised and settled a doubtful construction of the Massachusetts charter, and in which they were engaged nearly ten years ”

“ The possession of Massachusetts began before Rhode Island was created, and has never been interrupted for a day. This is an insuperable bar to the long delayed claim of the plaintiff. Of itself, it is invincible. The only answer to it now, is, that it is joined with another title, equally strong, which two are not to be united in the same plea. One reply to this objection has already been given; but there is a stronger one in the present aspect of the case. Under the law of nations, forms cannot obstruct justice. ”

“ Because, if we assume, as we must do in this state of the pleading, that the agreements, which are admitted on both sides to have been made, were made by persons having competent authority to make them, and who had full knowledge of all the circumstances; and that Massachusetts had quietly and peaceably enjoyed the territory, under this agreement, for more than a century; every one, we presume, would admit that the claim of Rhode Island to unsettle this boundary, at this late day, was utterly groundless and untenable. ”

“ In a case where 'the file affords no precedent,' and there is neither common nor statute law to guide the proceedings of the Court, the counsel of the respondent respectfully contends, that the case brings with it into this tribunal its own law, in the principles of an elevated and perfect justice, unfettered-as in their nature they are incapable of being fettered-by technical subtleties and petty forms. It stands upon those great and fundamental doctrines of international law, which, by the common consent of mankind, are the basis of the intercourse of the civilized world. ”

“ Who ever doubted so self-evident a proposition? But what are those treaties and compacts which are so obligatory? They are such as are just and unimpeachable; executed fairly and freely; without suggestie falsi, or suppressio veri; free from the charge of imposition, or undue practice, or unjust advantage. Is there any thing to be found in Vattel, that enjoins the observance of a compact of a different character from this; much more the confirmation of such a compact when made by agents acting under a gross mistake of facts? ”

“ This is the incurable defect of the plea itself. It tenders no issue upon the only facts upon which an issue can be taken. The fact of possession being admitted by the replication, makes no part of the issue to be joined. The facts charged in avoidance of that possession, are the only facts to be put in issue, so far as possession makes part of the bar matter pleaded. As well might a defendant who pleads a release in bar, to which the plaintiff replies, admitting the execution of the release, but charging that it had been obtained by fraud ”

“ The facts pleaded must be conductive to a single point of defence; and the question is, are the compacts, the making of the line in part execution of them, and the taking and holding possession in other part, and complete execution of them, combined facts and circumstances, conducing to establish the single point relied on in defence? That is, that the line run from Woodward and Saffrey's station was the true boundary, established by, and marked in execution of, the compacts; and that by the compacts Rhode Island is estopped to deny its validity. ”

“ It is too important in its character, and the interests concerned too great, to be decided upon the mere technical principles of Chancery pleading. And if it appears that the plea put in by the defendant may in any degree embarrass the complainant in bringing out the proofs of her claim, on which she relies, the case ought not to be disposed of on such an issue. Undoubtedly the defendant must have the full benefit of the defence which the plea discloses; but at the same time, the proceedings ought to be so ordered as to give the complainant a full hearing upon the whole of her case. ”

“ A singular compromise it would have been certainly, had it been so intended; by which Massachusetts took to herself five miles of the Rhode Island territory, and in consideration thereof, allowed the inhabitants of Providence or others, to retain the land within one mile, but under her jurisdiction. Whether that territory does or does not justly belong to Rhode Island, by her charter, and equally so by the charter of Massachusetts, is the question which constitutes the merits of the main cause; and can only be tried when those merits are put in issue. ”

“ Giving full weight to all the allegations in the bill, which go to excuse the delays of Rhode Island in asserting its claim, it is still difficult to say that the claim remains unaffected by the unmolested possession of Massachusetts, according to the agreements. Rhode Island, it is true, is small in territory, and weak in numerical force, but it has always stood high in moral power, and intellectual endowment; and the tribunals which, since the commencement of the controversy, have been open to hear its complaint, have been tribunals of reason, of justice, and of established law. ”

“ A sovereign state must be heard, whatever may be the subject of her complaint. Subjects in controversy between states are not to be settled without delays and grave consideration. Respect is always to be given to applications by states to other political communities. But with all this courtesy and just regard to the dignity, and just right of the state of Rhode Island to be respected, the state of Massachusetts has never receded from the line established by the Woodward and Saffrey station. ”

“ Now, though the question before the Court assumes to be one of pleading, and not of equity, yet it is maintained by the respondent, that a plea is sufficient which leaves no material matter unanswered; that what is not answered redounds to the benefit of the plaintiff; and if this mistake is not answered, it may count for him valeat quantum. But if it is in itself immaterial, and of state character, it may be passed over without notice, because it can in no shape make out a case for the plaintiff. ”

“ The defence, in the form of an incongruous plea, must set up matter in bar, which, if true, renders immaterial every other fact alleged in the bill; be these as they may, the defence must be conclusive of the controversy; and every necessary averment to sustain the matter pleaded in bar, must also be made in an answer covering the plea, which cannot be permitted to stand unsupported by an answer. This is the familiar and settled practice of the High Court of Chancery in England ”

“ And taking every thing averred by the defendant on this point of the defence to be correct, Rhode Island would have been as effectually barred as she is at the present moment, if she had commenced this controversy within a month after the accord was made. The lapse of time is not at all necessary to give validity to such a settlement; or to support the defence founded upon it. It is a matter entirely distinct from it; and if it has any operation in the cause, it is another defence, and one of a different character. It is not an accord and compromise of a doubtful right it is prescription. ”

“ Yet this is the attitude in which Rhode Island must stand upon the issue framed by the plea; the allegations in her bill, above mentioned, must be rejected as erroneous, without giving her an opportunity of proving them; and her claim to this territory must be decided, upon a statement of facts, the truth of which she utterly denies, and which she offers to prove are entirely erroneous, if the Court will consent to hear her testimony. We do not mean to say that the facts stated in the bill, if proved to be true, will entitle the complainant to recover. ”

“ The complainant's bill would have been bad on a demurrer, in a Court of Equity; because it sets out a bar to the defendant's case, and does not set out sufficient to destroy it. Possession, in a Court of Equity, is as certain a title to land, as in a Court of Law. It is now held that a party may defend himself in equity by possession, as well as at law. ”

“ When a legislative committee makes a report, something is to be done with it; and the usual course is to receive or accept it; and then it is laid on the table, or ordered on file, or taken up and acted upon. The same course was pursued in the legislature of Massachusetts, as appears by the secretary's minutes, on some of the reports of their committees. But the report so received or accepted is nothing of itself, until some legislative act is passed upon the subject of it. ”

“ If there is not enough left undenied, sufficient to make a case for relief or recovery, none can be granted. The plaintiff might allege twenty facts, either quite immaterial, or even, perhaps, material in some degree, or as matter of evidence, which the defendant could not deny. For instance, the complainant avers that Dudley and Jenckes did not go on the ground to examine it. The defendants are not obliged to deny that; for the agreement may be good, if fair, though the fact were as is averred. So the bill avers the discontent of Rhode Island; an ex parte line having been determined upon. ”

“ It was the duty of the plea to have met and negatived the main charge by direct and positive averments; but there is no such averment to be found in the plea. The principal averment is, that there was no covin, fraud, or misrepresentation. The bill does not charge covin or fraud, although it might justly have done so. The averment of no misrepresentation, is evasive, and no direct negative; for the defendant might admit that such representations were made as the bill charges, and yet might consistently aver that no misrepresentations were made, for he might say they were true. ”

“ Long possession is frequently used for this purpose. But this plea alleges long possession only. It alleges no acquiescence in or assent to that possession, without which mere naked possession is of no avail; for it furnishes no inference of the fairness of the original transaction, sought to be sustained. This may be illustrated by a very common case. A man obtains a conveyance of an estate, by imposition or some unjustifiable means, which, in equity, vitiates and annuls the transaction. And, having got possession, he retains it for many years. ”

“ And if the determination of the arbitrators has the sanction of time as well as of principle, it is believed that history affords no instance where it has not been considered as absolutely binding on the parties. The peace of nations, and the prosperity of mankind, require that compacts thus formed should be held sacred.
The pretensions of Massachusetts in favour of the line as established by both arbitrations, commenced in 1642; and no other jurisdiction had been, at any time, exercised over the country north of this line. It was claimed before Rhode Island had a political existence. ”

“ The defendant has no right to state facts which he refuses to put in issue, or have tried. But, it would not be departing from the merits of the law question of the sufficiency of the plea in bar, for the plaintiff to show the material facts he would be able to prove, if not precluded by the defects of the plea. ”

“ If all the tributary streams which find their way into a river are to take its name, and to be considered part of it before they reach it, and contribute their mites to its waters, then would there be a mighty change in the great natural boundaries by rivers, between nations and states, and even counties. ”

“ In ordinary cases between individuals, the Court of Chancery has always exercised an equitable discretion in relation to its rules of pleading, whenever it has been found necessary to do so for the purposes of justice. ”

“ The bill filed by the state of Rhode Island calls on the Court to change the allegiance of a large number of the citizens of Massachusetts; to oblige them to submit to a different body of laws than those which, by their own choice, have heretofore governed them: to dismember a state: and this on the ground that, nearly two hundred years ago a mistake was made in fixing the boundary line between the two contending sovereignties. A possession of one hundred and minety-eight years is thus to be disregarded ”

“ It has been asserted that Rhode Island was never, for a single moment, in possession of the territory in question. This is saying too much. When the Rhode Islanders were driven from Massachusetts because they were Baptists and Quakers, they purchased of the native proprietors, and honestly paid for that part of the Narraganset's country which was beyond the jurisdiction of the hostile colony; and there they colonized and took possession of the country in 1635, 1636. In 1643, they obtained their first charter, and their last in 1663 ”

“ There is a difference in this respect between the case now before the Court, and a case where fraud is charged. Any fraud, little or great, vitiates: every mistake does not. Any one circumstance amounting to fraud, proves fraud.
Suppose the complainant had charged, in direct terms, an abandonment of the agreement of 1710: it would have been enough for the defendant to have denied the abandonment in general terms. ”