Records of the Colony of Rhode Island and Providence Plantations, in New England; 1707-1740 Volume 4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...and consequently very different from the Pawtucket river. Mr. Cranfield, and the other commissioners who joined with him in making the return above mentioned, were likewise of this opinion, and say that the people of Plymouth colony had always bounded themselves by the bay, as the true Narragansett river; and it also appeared to us by the evidence of Wm. Wilkinson, that the Pawtucket, or Providence river, had not within the memory of man, been called by the name of Narragansett. And as to the construction which had been contended for, to fix the boundaries between the two provinces (supposing the Rhode Island patent to be valid), from the pond, or head of the Pawcatuck or Narragansett river, by line to be drawn thence northwardly to the southward boundary of the Massachusetts Bay, the counsel for Rhode Island did insist, that no such construction could possibly be put upon their charter, because the words being as follows: "As the greater or middle stream thereof, reacheth or lies unjiito the country northward, unto the head thereof," it would be a strange absurdnto imagine that the charter should begin at the mouth of the said river, and return again so many leagues to the eastward, in order to fix a western boundary. That if the words "head thereof," had been left out, the boundary could have admitted of no dispute; and that therefore, it would be more natural to explain those words, "head thereof," by the preceding, viz.: "so far as the same runs northward," than to alter the plain meaning of the preceding words, by subsequent redundance; and that in common intendment, it was impossible that the river could be their western boundary, whenever it should cease to run northwards. And as a further proof of...