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thr- V‘W’l-‘t'd with mint-s6 and dispatch.
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Wm“ ' The Southern Boundary of Conncc
List or m STA!“ mums-'0’ ta: sosni
or COINCILIZS. ii a. .3 i
wait: II. B Wigham. Pres.
5 t) l-‘ 7Mth
Primt ; (ion. L Tullcr, Senior \Vnrtivn . S G
; tun. .‘Cl'lll't'a J. :1 Pruwitt. Trcat-urcr: Mose:
‘ tilnwr. Junior Warden
’K’l.’ WHY (Tell: 7 (‘nmt‘l’ x
. streets. South Nnrwslk. Rooms open every day and ,
‘ evening :Sundays excepted.) Elliirt .-\. “ oodwsrd.
l dcm.
‘ Bax; Ball l'Iub.
l Sellrck Prcsidcnt .
' E. H. Norton. Su .
9 Smith. Capmj . ‘
-tirt-~_:nry. . aR»;
. Treasures. .3,
$033-$821“ lit-50141 11' u‘ " 'W-d
.' ._.-—ec every tues— ~,
, y evcning noctheir EglL Main street. South Nor hn‘e "33C
1 walk. Charles I111“ W. C. T.
Trmpte of Honor and Tan I
m
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Standard
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)4!
Third Ward—Gross: HISTORY. (320351: W.‘
[Wonoffledion—
First llordiloxms 31. Norms. WUJJAI 31.:
, KAI—lost), in. :
a.“ . wm’um .
w.
SOUTH ”NORWALK, CONN., THURSDAY,
Ihwjinanpgx—Gmm W. smith. Jescph it Ray-
mond. Robert I. Tollt-s.
.4.wmnt.t-—Georg~c Benedict, John L Richards, .
t Edwin \. “’hitmau.
Sheet: and .Wu‘olh—lprcnw Dibblc. John L.
Richards. Robert I. Tours.
Lawn-Id {SO—John L. Richards, Henry W, Les- l
as. Joseph B. fined '
5 Mum—Jose h R. Raymund. Edwin A. “‘hirt' «u.
, wumm 13. Wt cox. i
' Enarth—chry ll. Elwcll, Samuel F Push, Lu- :
» mun) Dibble.
' Police—Robert I. Tulles. George Benedict. Henry
l H Elwcll.
MASOSK‘.
‘ street. South .‘iorwslk. George Knight. W, I. , , , , .
.v. John‘s Lodge. No. Grate“.- on first and mt 911mm this nuisance, to the
E street Xtirwalk. David M. Pollard. \T. M.
Bria
ll.
divuuld be
'.\'orirv1l'k t'iub.~Rnornv in Sa\ inzs’Banl‘i Buildim. “’ W
hwwalk‘ Open “wry i” “’3 "w“ “my” 0" detail the vlcws thus ornll)’ presented.
The main question is, whether the sub
cr of this suit is within the juris-
f the court. .Th: bill alleges that
odors compilined of ‘arc trans—
'cc ted.) Chas, G. Dcuu. Pneldcnt.
annony (Tubs—Rooms in New York and New I
lay: nmepot. i: Nut-nil EU '7 over“ 2 jcct mutt
E km, . Presi- (HOMO
(rt. .11, South Nonvslk—le. “'0 “011008
‘ .K. Bard. Vice Presidan; mitted through the air, from thcdcfcndaul's
38111 Treasurer; Charles 5» works on the island, to thc pluintifi"s rcsi»
- 7 9d,, mun. Friday dcncc which is in t‘titiriv'ctit-ttt. injuring thc,
.idcm. FTBecker; health, and destroying the c. union of him—
- ‘ " “3"- w- M22“ self and family. and impair-in
It was suggcste; on tho argu-
n if Goose Island, u'hctc thc
Chests?“ To
3-1;}
usinl Director Gco.
o
1'me CE
In
TRADE I‘XIONS.
‘ Unto-I. Jo. 8. of south
1““ 13(50th
land’s. In.
w.
awnings“
”téAAC w. m “imrlhfl an“ m
rty league-input: a straight line
shore towards the southwest,
In
um vastly doubt
LARGEST 3165K:
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; Y
w
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lipid: lid-Isiah I173 page
1'. S. Circuit Court,
E.lnns ll. Krzvsmt.
, ‘tofflonnecticut.
nrc. “(ll
Exocu Cor; May 5. 1871.
Woodrua‘lnd shipm-n, J. J.
SRTPMAX, J. :——This wm a bill in equity to
The plaintiff owns and
loses on the shore of Long
Micflgfi—ngfi.“ Georg; W smith. Island Sound, in the town of Sci-walk. in
" b “t 51* " -. the state of Connecticut, and the (lefendcnt
enjoin s nuisn
owns a small island, called Goose Island,
——— 7 ~ 7 i — about a mile fronnhc shire. Ou‘thisflnnd
SOCIETY INDEX. the dcfcndnnt has an establishment in which
. . be manufactures artificial manures, from
GM ‘- dmd fish and other We materials, the
fumcs of which often teach the main land
lsintifi's residence, and create, Its
imdemblem, exceed-
andsicfinfing. i'l'heplain-
inst the defendant to
point. to Lyons
practically sent
would have Goose
and the p
old my Lodgv. .vo. ms. F and .l. l—Rezum the bill alleges,m
cumniunitjtiuns hulden on Lhc not and third Tues— ‘ . ' green
day evenings in” cseh month. at their Hall, on Sun ' tngl) dist! bk
noda- stated: the
. . - . . . tit? brought his bill ugh
7‘ vol We? g a , Supcrior Court
Mun-a M .1! . mug in this ; Thundsy chninzs in oath month. Hall on w of Coma-“mu for Fail-field countv.
. defendant removed the causc into this court,
ODD FELLOVI‘S. , . . . . .
l 0,” Emma!" mi L A.“ m__‘ms “er-flax“), v, rind filed a plea to_thc jurghcuou. alleging:
cvcninx. at their le un “'ull strum. .Vorwulh , that ‘3“ 15““ ’9‘ D“ “1‘1“" “19 Stale 0‘
, (wome- L. Taller. N. G. : James Hodge". V (i, : T
i J Prowitt. Secretary; 1‘ S. Stout. Trt‘asurcr; (has.
i UlmStmd. permanent SCfl'l'l‘Ial’V.
Eaton: Em ten! 1' Patriarch. X0. 9. l. 0, 9 _. .
at 32k! Fe ow‘s Hall. on the first and g diction, . .
l third \\'cdm:sdav evenings in each month. Harmon ‘ and the evidence on the 158th of fact thus
l B 3W“- ‘ 1“"? 9‘1““me Jam” "0‘12”“ “ll-"l ! raised having been heard, Mr. Justice “'00d
1 ruff delivered an oral opinion of the court.
’finding this fact adversely to the claim of
cutss. _ ~ . . ; tbc defendant, and overruling the plea; at
“u w" “ “’hmifl'm . thc same time stating that a written opinion,
mlving the views then cxprcsscd,
filed? :1 subsetptcntrday. .{Wc
toflet forthin‘fordbw‘hnt more
and consequently not within
‘; the limits of this judicml distric
newton this cqlrtgis -
This film the plfiinttfi' traversed,
3 Connecticut,
.ilg than
fully cmb
cicnt for us 1
his property.
, Sofa—no)? ment, that evc
. )2 in ach month. noxious odors are generated, be without the
, V “09 midm'» In district of Connecticut, yet as thwc odors
Isr— ‘ ‘ Wkw‘m' 3" D‘ 3 arc blown to the shore, and there inflict the
‘omplaiued of, this court has ample
on to arrest thc evil, the parties lic-
Tliis is an interval—
iujury (
.Vacuni Social Tm , No. i—Meets even‘ Fridsy lunSdIC" .
: evening: at their 831 in Dibblc‘s Block Slain street. ing properly bcforc ll.
W 2 question, but the conclusion which we
had on another and more compre-
hensivc branch of the case, renders it un- ’
. ta“ .0 a ’ e WY ‘Ww’a necessary that we should pass upon it.
a . . — . - . . -
£¢ a .5, 30m, ’43. . .B.. thereiure continua nelvpsdothe question
I) ' “ , of fact to which no proof was addrcsscd,
Narragansett bay
son on the west; part, wi
unto adjoining," etc.
Did-an. 5'“ 3‘ 5- (if 1’39“? ““33"! and the only one which wan: discusesd on
W533i? ‘(5 §e§?&%mmn& “tall the argument, and [lint is whethcr (loose,
(‘ona;rd Incision; die. a. s. q' flan-er» every Island is within tholuuilapt. the astute ot‘
: Frill-iv gaging. st mgrglsll. on Fall street. ‘Sor- Connecticut.
' \T: > o In”. - . : _ 1
: afifig’flfitg‘ 3’:wa 3m “demfil’é‘fi‘fi trovcrcics touching the boundarics of states
Wall sweet, an: inmate: mm «men do not differ materially from thosc relating
M: W" O “1' to the boundaries of land between individ-
. 7 , .BEXIE SOCEIL uals.
filmvgmu of «.3th Hum moms and rmunimems of title, such as
bell‘u ' comer min and Walt streets: Wm. grants. charters, and deeds, and when those
made. dent. fail. to cvidcncc of use and occupation. Wc :
have, in this cast: tested the question now
under wisidemtian. by both of these clasgcs f
the language w
southern boundary.
The rulm of evitlcuce upplicublc to con-
In both cases resort is made to docu‘
the main shore,
cc of documentary evidence
Kat M. which claims our attention ' Is th .
NorwuL—Xseu on file In at . unduly Connecticut, well known In her history as
m Rude-t; the W'srwick Patent. The date of this pat-
, cut was March 19. 1B1.
' history of
meat proceeds:
islands commonl
name or names
It is stated by
Trumbull, in
(,“fi '1
title
m. grant. ma
Pia-It a4». 1. sauna—aunt: am by spate
Mint “in autumn Plymouth‘ hel
~1- ———&——-— $331338
bar , 1
ofthe
I
meaning, so far up they
gigs
in
which lies and extends itself from
ymoutli, by a
n I”. and confirmed
The council of
d under the great patent of
from James I. dated Novem-
the descriptive words
arwick Patent of 1631
“at“?
on t the
bear on the present
"the cnunCi o
Deleware bay...”
islands called or
Martin‘s Vineyard
Nantucket, together
' " ' to the said several islands. lands.
sud premises ‘
with the'iifid‘vab
space of f0
near the sea
150 all and singu—
. 'enis whatsoever,
thin the lands aforesaid,
in lstitudesncl breadth, and
' Infant)? swind- ‘all
milestotheleumpnds
3F”- ?y'h-JSQEP' €5qu bet?
‘ 1
it '1‘ng
13"“-- , nd helm
at. "flomsfid‘shroughout magmas;
em ' ocean m the
Ffifi’fidiw landsthereJI-om thewest 320““ st
islands
4%
vicinity will
”“9, names-and every M
mam
d than V
. n.
them-inwbjeotwlth whielnhe
118- .m
e}?
r my
Jigswgl ‘» 1.133;! Q-"f ;
' i ' .5?
s M: m... m
' . .... snow-u:
min
,how of no,
","ne' :th '! 1 w: ,
boundary of the \Varwick grant which is
ucrmnnc to thc uncstion before the court.
It cnm'ncnced at Narragansett river, at bay,
on the cast, and extended westerly ” as the
coast lieth toward Virginia," fortv leagues,
or a hundred and twenty miles. The words.
“ upon a straight linc"
instrnmcnt to ticsignatc t
lumndnry, but 1110le a line on w
tlistnncc between the two termini was to be
mcasurc'l, thcsc termini helm: Narragansett
river on the cast, and a point on thc coast
forty leagues from that starting point. The
words “ near the sea shore" must have been
used in the sense of “ along the sea shore."
But if we were to construe the words 1‘ up-
on a straight line" literally the boundary in-
dicatcd by it would not support the defen-
dant's pica to the jurisdiction. For a straight
line drawn from Point Judith. the starting,l
Point. which has long been
ed as the western terminus,
Island on the north and November.1664. This (,
within the limits of the grant. But, as al- t tended by tlclegltes from
. when! bound authorize:
indicated bv the Wfiptive Words of
the gmnt to be the coast w
This interpretation is con
nsve words of the
are included in it,
watcrs, fishinzs,
lying in Amcncs n
or either of them, on t
coasts, or parts of said tracts of lands."
The word “ seas" in this passage cannot lw
confined to Narragansett Bay on the east
and the Pacific Ocean on thc West, for thc
former is called only a river in this grant.
“ Seas" must. have included the Atlantic, at
which Long Island Sound is an arm. '
need not trouble ourselves now to inquire
whether or not Lung island could be propcr‘
lv covered by
ushed by the sod
this grant, us (‘minmticut ‘
fully contended. It is suffi-
lmt its obvious sud natural im»
port includcd all thc small islands. including
thc mic in question, contiguous to the north
shore of the sound.
The ncxt document In order of timc
charter of Connecticut granted by Charles l Duke
IL April 22, 1662.
critics thc country i
it as ”allthat,
in hew England, in m
the east by Narragansett river.
callcd Narmgunsctt bay, where the
fallcth into the um, and on the north by the | York
line of the )Lsssachusetts plantation. and on
the smith bv the my. and in longitude as the
line of the hluuohtisetts Colony. runnin
from cast to west; that is to say, from suit
on the} cast to the South
th the Island there-
It is immatcriul to our
rcscnt pttl‘pus” \Vh-‘lllt‘l’ the "‘ Rm“ hcrc
1 :ts the south!“ boundary meant
the Atlantic Occau out sit u of Long: Island.
or thatarm of it known as Lnnglslnud Sumd.
It certainly meant one or the other, and if
we interpret it to mean the Sound. and thus
restrict it within the narrowest limits which
ill bear, still the water is the
while “ the islands
thereunto adjoining“ the princi sl tract are
expressly included and cnvcre
struttients. That by the terms
tliercunto adjoining,"
t
is the i
This instrument dcs- i edlv cxclude the irch
ntcndcd to be embraced boundarv 01' Connecticut extended south be-
But. however this. may
bc. the settlement now under consideration
commonly nowhere. citbcr hv exprcss words or by im-
same plicatinn, rccoznizcs the title of the Duke of
In the small islands along the Connec.
t oi our dominiom
cricu, bounded on
by thc in-
We now come to the patent of Charles ll.
tn his brother the Duke of York. dated
March 12, 1664, thirty-three years subsequent
. to the “rm-wick patent, and two years later
than the charter of Charles II. to Connecti-
cut. After granting certain portions of “the
“ main land of New England," the instru-
“ And also all that island or
called by
Mntmvscka or Long Island
ing and being towards the west of
and the Nan-0w Highgansotts,
own: the main lsnd between the
two rivers there called 0! known by the’s‘ev- *
era] names of ()nnnecticut and Hudson’s
rivers, together also with said river called
Silver, and all the land from the
wast side of Connecticut to the east side of
, _ all those several
‘h'own’ by the names of
and Nanmkes. otherwise
r with all the lands
* ' * fiaheriw
the several
and appertainintv.
flbpurtennuces,
etc. From this description no one woptd
that Long Island, wastin-
evea it its mainland
'omitted. Its
ap elitism]
169mg? W
ting. on the mainla
riveutlmeknownu.
“Wit course mounted,
the mmwween the mom
reams. 'Tfie “ ' '
uulsppertuu'
U “‘0', “ l'
' ‘ ‘ seal-slaw
location it: given
,_ the um
Hound mid-
Mot,
ha of those
belonging ‘
sad the other main
to those contigu-
”as
é
OCTOBER 5, 1871.
.. ....‘-._..... ”W.“
{3}!" i 3111
the Privy Council, on so
each government 3
Hudson‘- ministers to: this
meantime all 'udi
ch sate a! the controversy us
hall think In to transmit to H
' sad that in the
be In mind a my such c
aim“ the sea, or
and the possession of Connecticut under ill
three, had for more than s century 5
Emgndvgxed the bout: any on
. ' un . e are aware that the
“‘3‘ “we“ ”mum" ““1 m “mm a” “'° 8°“ state of New York adhered to the claim set
will unwer themend up by the provincial go
I tom, and bet
Embeds. thaw-commons...
quesuonmw
Soundwereind
limluofNewY
vast tract, that described in the lVarwick
as carved, and as the latter lay on
and the instrument which dos
ly included " all islands" on
rts of said tracts of lands,
it is not surprising that Connecticut asserted
her claim to Long Island, or at least to that
abrcast of her shore—s
the Dutch in 1650 in
i which gave Connec-
he island east of a line
mmost part of Oyster
the Atlantic Ocean, a treaty which
50d by the States General of Holland.
es II. bounded her
She interpreted the
s with ocean, and on
cd to the Atlantic
side of Long Island. The
cribed it express
the coasts, or pa
vernment to the
On whst precise
did so, we are not advised. but
for that they certainly
51““ order the set up bv Anderson in his petition in 1’15.
claim of that state has nevercxtcnd-
ed. so fur as any evidence before nsiudieutea
to Goose Island, or any others on that put
them. which were
Connecticut has nev-
.ouceded the claim of NewYork to those.
of New York has never £180
the commis- -
menu.
As the matter
I! I commission
ed with little expense. seems better
in which the public mural in either
sidenble I flatter and! that it
approbation of yours; in which one I
proper papers to
them without delay.
Your most obedient. bum in scn'lnt,
CADWLLLA‘DIB Counts.
Thk llnm.ahlc Thomas Fitch. lbw. Governor of Con of the (395353.;
nted to An arson.
uscd in the i
he. actual southern
hich the
part of it which lay
cluim recognized by
the treaty of Hartfnrt
ticut all that putt oft
drawn from the Westc
willlneetwlththe weir. werenotthoee
d shill and?“ But the
l The charter of Clinrl
“ south by the sea.”
Word sun as gvnonynmu
that ground, 'alsn,
, shore on the south
81:31“ to the Duke of Y
with this claim. . . .
‘ valldity cnmc before a royal («immissmn in
vmmiissinn “'8‘ fl!-
Connecticul. dllly
l by the colony, and included the
"‘ he instrument which contained
: thc result of their settlement of the bonn-
firmed by other . dnrv was signed Nov
grant by which ‘1 my
nut only all “havens. 1 m-cticut,
“ but " also all islands l (int-slit)
foresaid. in the said seas , declare
he westcm or custom , of his Majesty's (‘olnuv
‘ thcscn. and that Long' Island is
3 thc unvcmment of his
. Dukc nf York. as is so («pressed by plain
0 words in said patents Inspectivelv."
l is not very explicit except as to Long Island.
it was conclusive against the claim of Con—
l nccticut to that. But it uscs the word “ sea“
, as defining hcr southern boundary, the same
I word used in the charter of 1662.
cm portion of her southern boundsrv was
confessedly the Atlantic Ocean, but whether
“sea“ was used as synonymous
with Sound; and as thus defining the west-
ern and greater portion of the southern
boundrv. does not ntmcar vcrv clearly. Yet
the explicit recocnition of the title of the
of York to Long Island would impli-
that the southern
This letter was receivcd by Govemorle
Fitch, on the Isu- ot February, 1765; and
on the 22d he replied as follows;
Nowux, 28d Febm
Sm: 0n the 18th 1 received
acquainting me that John
~tltiou to you com int
an by some of the inhabitants of this colon
s on one of the islands celled Gapuiu‘s sh
terpodtlon of van: government. in
him the elect of the royal bounty
tin; him those hands under Province
11 you mention was
newton. I collect tron your letter.
deemed settled, and
that state appointed
9 13th. to ascertain the
and Connccticut.
legislature of New York that '
ed that. in addition to the bound-
question, there is a controversy respect~
you, isdlction (Iver Captain's Island,
not ludorsed: lying in the Sound near By
the extent of our powers," say
sioners, “in respect to this matter was uite
an uncertain, weeuteeed into no n '
eslicn of its
new
and praying the in
order to secure to
r0
meat of submltt ng the nutter of jurt
mpect to those three islands, and such others
ted. to the determlmtlon of His re
council. 1 shall lay before the Gen-
Assent: v 0 this «Ian
M commiemlbuars and those
and so far as it bears upon the
n before us was as follows- :
and order that the Suulhern bounds
of Connecticut is
or my be. 00an gardin it, and made no investigations. ax-
cept incl entally, into the origin and extent
We are, however, satisfied
‘0 me“ that some decision of the qnution is urgent-
This. “ controvers
commissioners call it, doubtless 1
(ton. for more ed Status to obtain :from both states 8 cos
sion of jurisdiction over three
island, on which a lighthouse was erected
about the your 1&0. So
‘ far us the evidence before us shows, the
United States have uniformly taken deeds
dc ofboessigpn £20m gainetéticplt onlédolf slfl gee both
. -oter an no otemi co
"m‘ m’ "‘e mm" 1 un. m‘ 'm' 3"“ ”gm“ Sound and between Lyon‘s Point and m-
cr‘s Island, which have been used as light
l
}l
of the disputes.
clsl occasion it may be (out:
«'l‘
h
331 to this govemmcntto 1’ required.”
ch it banner-
I must observe 1
submit. I nutter of
clued without controversy or lump
than one hundred
posed on good In l
And that after New
tied the lines of governmen
and cert duty, and Doomed
condescensions therein, it was hoped
lure had no wanton to enter into further contact:
on that held. However, I stall refer the wit
to the Assembly. who alone cu: properly
l
u sdlctiou whl
Roval Highness the
El
I.
I:
ll
founded. as we at least sup—
suthority, was unexpected.
ork and Connecticut Induct-
t “mad” great precision by that government
cu
It;
I:
am they would
Ii.
it
lost obedient Ind most hung}; servant,
To Honorable Lleut. Governor Colden.
:t‘
l
F
We are,~of course, well aware that F‘uh-
er’s Island. though lying somewhat neu- the
Connecticut shore, and near her present
duty. hos longbeen under the
I New York. With
atiou of the title of the latter
obsemtio
E
l
l
Governor Fitch, in pursuance of his prom-
ise to Governor Golden. did submit the letter
of the latter to the General Assembly in eastern boun
, together with Anderson's pe- juri
In the meantime, had come to the found
act was mferred to a special state to that islmd wemake no
as there is no evidence before
specially to the subject, nor Is it all necess-
ry to the proper determination of the pres-
%
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i.
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u'
it
It
l‘
Mic
id)
5!
8
E
l
I.
i
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tition which,
hand. The sub]
committee, a majority of whom were amon
the most eminent citinens and lawyers o
On the 28th of May, 1765, the
committee made their report which, after ent controversv.
emment had not inter-
it
i
“an”
E
vond the Sound.
s
a
s
I
i
I
E?
i
ll
1
l
I
.1
H
l’
gt
5?.
i
5
It
i
I
l
M
I
g
l
l
I.
I
t
l
that the gov
. ' ' e .
fe red m the suit An summation of th statute of Yew
nst ”dingo“ buthsd York defining the boundaries of that state.
left the matter originally In. dispute entirely and the discussion bv her courts re
with the courts of law, as It was a matter its construction, discloses nothing w -
m“ even any manner countenance the claim not
the defendant in his plea Goon:
to ear is not only not included in
meats words of the New York
no 1:01:me lam of that sketchhss em been
. gga y er courts w ' won
mam” m “‘8 it within the limits of mutate. The In.
of that part of the set
ect Is is [0110an m
, “sudthen to the
‘ (Lyon's Point) “so to
the islands of mud w
erect. Shooter‘s timid.
t (now Gudina‘s VB-
Shelter Island, PM
‘3
l.
I
It is Inu- that the settlement agreed on by
tho commissioners fixed also the west bounds
of Connecticut. and that. in doing this. they
cnmmcnccd at the point on the out side of
)Innmroncck creek where it falls into the
Sound and from that starting point run
It is true, too. that in all the
ndiustinents of the western bovmdsry line
' hctwccn Connecticut and New York, except
that contained iii-the treaty of Hartford in
1650, the southern terminus or starting point
of the line defined. was fixed at some poi
on the shore. of the Sound.
at Lvon‘s Point. But the inference which
ketl by the defendant to draw from
this filt'l is not warranted by the fact itself,
rcumstanee connecmd with it.
this—that. inasmuch as the
western boundary line. of Connecticut was
not defined further south than the north
shore of the Sound, therefore Connecticut
had no territorlol rights beyond that share,
in a southerly direction. To state this
answer it. The land part
the west of Connecticut
nae.
l
Witt-ha
#-
I
private property, and
he question of jurisdiction was by
concerned it was too inwns'derable
the attention of the two
in the expensive mode 0
as follows: “ And
that the lines and
two colonies have boon so
2.!
l
I
ii
in
3
the descriptive
boundury not, but
I
l
l
mutually and
IS, ratified an,
foundation :‘y
'8‘ Is and, and
It now stands finned y his msjesty's
thst there sppesrs no
for further controversy
I; was accepted, and Governor Fitch was wast fide ch
Instructed to communicate the result to the -
governor of New York. land. ‘8 Isle of, W
In the mounting the. suit tgainst Ander-
roceeded to final judgement, the
(1. under a plea. to the juris~
himed by him
‘ , nor by any oi
, , ‘ ”‘3 ”INF“ The infereuoeis
It was Intended to In-
clude all than; small ones scattered "1mg
is too plain to admit of a
land). Fisher’s kl .
Island, Robin's'lsl'nud, the Gull
all the islnnds find was in the
And within, ' the bounds above
Rev. _Stats. 1!, In, 5d: 9d. vol.
jury having four:
diction, that the islands 0
he Colony of Connecticut in-
1, p. 80.) T
neither courses nor
were within I
stead of New York.
tltiou of Anderson to
Golden, which referred to this suit
08 and legisla-
deserves atten-
tiisme‘es are given;
Lieutenant the line, however run, is to include certain
islands sud watots. of
this clause of th ;act was discussed
wot Manly vs: The
proposition is to
of thc. boundary on
was the only portion that caused
between her and New York.
that, down to the water-sot the Sound, was
all that was necessary. The water was an
arm of the sen, over which neither colony
could have any exclusive control.
highway common
commerce‘nf' all who ‘W'ere at
England. To define the boundary line on
, the landto the water's edge was all that; was
the jurisdiction over the adjacent
d islands to be determined by the
patents or charters of the two
and the lawn! nations. The claim.
that the omission to'deflne the line
er‘left the islands near the Con-
necticut shore and east of Msmnroneck
creek under the jurisdiction of the Duke of
chimed that the islands West of
left Within-Who Jurisdiction N
The: roman: appl to sit
,Theconst_'
and led to the co
tive action alt-end
tion in this place; tonalthongh Gooselsland 5’5).
lies some ten miles to thaws-undo! rheid-
suds claimed by Anderson, yet , the grounds
of his claim that the latter were within the'li
its 0! New York, were broad
elude all the We wanna mwmp
ut the mainland, alongtlte Counec
W in error in nae-a
.mnvmdmtrthott» .11»
the ofiense to have
committed in the county of New
In Theproof showed than minim! m— ,.
mitted on )hoard.o£,s.,stmmbtmt on »
Island Sound, opposite the
ter folk, near the shore of Long
in" ‘ til
to both, and open to the
county, of 5
belowtlnifl
mi. His petition, at:
Sands Point and Huntington.
took the ground in the court
thatcreek'were
of Connecticut
thatipan of the evld ‘ _
west boundary of Connecticut.
yous, new east
finally was settlsd, polars:
running. ”this
of madam
‘thisicourtso tit-u _,
1.1!, , ..-
Rimmommonty
where the said river
MTV“ 1
lileof thehnetnd
boil-dry
mine». sad
the W’weminus was
Lyon's Palm, where it now:
(liq-tau: of the o '
tothov mitigation of
W Our
indicated so as
he. “ Abut-
Norwalk Chronicler