United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rhode Island v. Massachusetts, 40 U.S. 15 Pet. 233 233 (1841)

Rhode Island v. Massachusetts

40 U.S. (15 Pet.) 233

ORIGINAL

Page 40 U. S. 234

THIS case was before the court, at January term, 1838, 37 U. S. 12 Pet. 657, and again at January term, 1840, 39 U. S. 14 Pet. 210.

A bill was filed in the Supreme Court on 16 March, 1832, by the State of Rhode Island and Providence Plantations asking the Court to settle the boundary between that state and the Commonwealth of Massachusetts. Mr. Webster appeared for the Commonwealth of Massachusetts.

After various proceedings in the case, a plea and answer to the bill of the State of Rhode Island were filed by Commonwealth of Massachusetts, and at January term, 1838, Webster, counsel for the Commonwealth of Massachusetts, "moved to dismiss the bill on the ground that the Supreme Court had no jurisdiction in the cause." A full report of the matters contained in the bill, and in the plea and answer, will be found in 37 U. S. 12 Pet. 659-669. The question of jurisdiction was argued by Austin, Attorney-General of Massachusetts, and Webster, on the part of the Commonwealth of Massachusetts; and by Hazard and Southard, for the State of Rhode Island. The Court ordered that the motion to dismiss the bill of the complainants should be overruled.