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pursuant to an act of the Legislature of New York, the line was run by the New York commissioners, Connecticut not being represented.

The first section of the act of the New York Legislature is as follows:

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1. The commissioners appointed by the governor to ascertain the boundary line between the States of New York and Connecticut are hereby empowered and directed to survey and mark, with suitable monuments, the said line between the two States as fixed by the survey of 1731.9TA

Twenty years later other commissioners representing the two States agreed to accept the survey of 1860, and their report which was ratified the same year, was as follows:

We agree that the boundary on the land constituting the western boundary of Connecticut and the eastern boundary of New York shall be and is as the same was defined by monuments erected by commissioners appointed by the State of New York, and completed in the year 1860, the said boundary line extending from Byram Point, formerly called Lyon's Point, on the south, to the line of the State of Massachusetts on the north. And we further agree that the boundary on the sound shall be and is as follows: Beginning at a point in the center of the channel, about 600 feet south of the extreme rocks of Byram Point, marked No. 0, on appended United States coast survey chart; thence running in a true southeast course 344 statute miles; thence in a straight line (the arc of a great circle) northeasterly (82.27 miles) to a point 4 statute miles due south of New London light-house; thence northeasterly to a point marked number one, on the annexed United States coast survey chart of Fisher's island sound, which point is on the longitude east three-quarters north, sailing course down on said map, and is about 1,000 feet northerly from the Hammock or North Dumpling lighthouse; thence following said east three-fourths north sailing course as laid down on said map easterly to a point marked number two on said map; thence southeasterly to a point marked No. 3 on said map; so far as said States are coterminous.

This agreement was confirmed by the Congress of the United States February 26, 1881.69

The line of 1860 was so poorly marked that the Legislature of New York in 1887 and the Legislature of Connecticut in 1902 ordered a resurvey, which was made in 1909–10. In that survey the line of 1860 was followed as closely as possible. Where old boundary stones of suitable size were found they were reset in concrete bases, and about 100 new ones were added, made of cut granite 12 by 12 inches by 9 or 10 feet, set in concrete bases 4 by 4 feet in section and 5 or 6 feet deep. (See p. 6.) This survey was approved by the State legislatures in 1913 and formally ratified by congressional

67a See Report of the commissioners to ascertain and settle the boundary line between the States of New York and Connecticut, Feb. 8, 1861, in which will also be found & complete account of this controversy.

88 New York Rev. Stat., 1882, vol. 1, p. 136. * 21 Stat. L. 351.

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act of January 10, 1925,"o in which the description of the boundary is given including distances and bearings of the lines through Long Island Sound.

For the history and present location of the eastern boundary of Connecticut, see Massachusetts, page 97, and Rhode Island, page 101. For the northern boundary, see Massachusetts, page 95.

Under the charter of 1662 Connecticut claimed a large western territory. Subsequent to the Revolution, however, in 1786, 1792, 1795, and 1800, she relinquished all title to any land west of her present boundary. (See p. 66.)

NEW YORK "1

The territory included in the present State of New York is part of that claimed by both France and England by right of discovery. It was included in the territory of Acadia, for which a charter was given by Henry IV of France in 1603, and was included also within the limits of the Virginia colony, chartered by James I of England in 1606, which embraced all that part of America between 34° and 45° north latitude. Much of the territory west of the Hudson River was held by the French and Indians and was a source of dispute for many years. The Indian treaty of 1684 gave England nominal control, but the French were not finally dispossessed of their claim until nearly a hundred years later. The Dutch in 1613 established trading posts on the Hudson and claimed jurisdiction over the territory between the Connecticut and Delaware Rivers, which they called New Netherlands. The government was vested in the United New Netherland Co., chartered in 1616, and later in the Dutch West India Co., chartered in 1621.

In 1664 King Charles II of England granted to his brother, the Duke of York, a large territory in America, which included, with other lands, all that tract lying between the west side of the Connecticut River and the east side of the Delaware. The Duke of York had previously purchased, in 1663, the territory on the New England coast which had been awarded to the Earl of Stirling, and in 1664, with an armed fleet, he took possession of New Amsterdam, which was thenceforth called New York. This conquest was confirmed by the treaty of Breda in 1667.

The following is an extract from the grant of 1664 to the Duke of York : 72

70 43 Stat. L. 731.

71 The boundaries of New York are described in considerable detail in Report of the Regents of the University on the boundaries of the State of New York: [State) Senate Doc. 108, vol. 1, 350 pp., 1874 ; vol. 2, 867 pp., 1884. Volume 2 includes an index for both volumes and contains copies from unpublished manuscript relating to the boundaries and a vast amount of bistorical matter, copies of royal grants, copies from field potes, reports of surveys, etc.

7a Thorpe, F. N., The Federal and State constitutions, vol. 3, p. 1637.

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We have given James Duke of York all that part of the maine land of New England beginning at a certaine place called or knowne by the name of St. Croix next adjoyning to New Scotland in America and from thence extending along the sea coast unto a certain place called Petuaquine or Pemaquid and so up the River thereof to the furthest head of ye same as it tendeth northwards and extending from thence to the River Kinebequi and so upwards by the shortest course to the River Canada northward and also all that Island or Islands commonly called by the severall name or names of Matowacks or Long Island scituate lying and being towards the west of Cape Codd and ye narrow Higansetts abutting upon the maine land between the two Rivers there called or knowne by the severall names of, Conecticutt and Hudsons River together also with the said river called Hudsons River and all the land from the west side of Conecticutt to ye east side of Delaware Bay and also all those severall Islands called, or knowne by the names of Martin's Vineyard and Nantukes otherwise Nantuckett.

The Dutch recaptured New York in July, 1673, and held it until it was restored to the English by the treaty of Westminster, in February, 1674. The Duke of York thereupon, to perfect his title, obtained a new grant in substantially the same terms as that of 1664, of which the following is an extract:

All that part of the Mayne land of New England, begining att a certaine Place called or knowne by the name of St. Croix next adjoining to New Scotland in America; and from thence extending along the Sea-Coast into a certaine place called Petuaquine or Pemaquid, and soe upp the River thereof to the furthest head of the same as itt tendeth Northwards and extending from the River of Kinebeque and so upwards by the shortest Course to the River Canada Northwards; And alsoe all that Island or Islands commonly called by the severall name or names of Matowacks or Long Island, Scituate lyeing and being towards the West of Cape Codd, and the Narro Higansetts, abutting upon the Mayne land between the two Rivers there called or knowne by the severall names of Conectecutte and Hudsons River, Together alsoe with the said River called Hudsons River, and all the Land from the west side of Conectecutte River to the East side of De la Ware Bay; and also all those severall Islands, called or knowne by the names of Martin-Vinyards and Nantukes, otherwise Nantuckett.

By these grants to the Duke of York and the conquest of the Dutch possessions in America it will be seen that New York originally had a claim to a much larger territory than is now included in its limits. The successive changes in area may be sketched as follows:

In 1664 the Duke of York sold the present State of New Jersey to Lord John Berkeley and Sir George Carteret.

In 1682 the Duke of York sold to William Penn his title to Delaware and the country on the west bank of the Delaware, which had been originally settled by the Swedes but had been conquered by the Dutch and by them surrendered to the Duke of York.

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73 Report of the Regents of the University on the boundaries of the State of New York, vol. 1, p. 10, 1874.

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In 1686 Pemaquid and its dependencies were annexed to the New England government by a royal order of the former Duke of York, who had succeeded to the throne of England.

By the charter of 1691 to Massachusetts Bay all claim to any part of Maine was extinguished, and the islands of Nantucket, Marthas Vineyard, and others adjacent (previously known as Duke's County, N. Y.) were annexed to Massachusetts Bay.

The territory west of the Connecticut River to a line within about 20 miles of Hudson River, now forming portions of Massachusetts and Connecticut, was, by agreements and concessions made at different times, surrendered to those colonies, respectively.

New York by the cession of 1781 to the United States relinquished all its claim to land west of the meridian through the west extremity of Lake Ontario between the north boundary of Pennsylvania and the 45th parallel, and the peace treaty of 1783 cut off the rest of the area claimed by it west of its present limits. (See fig. 8.)

Massachusetts prior to 1786 claimed under its charters title to the soil, but not to the sovereignty, of a large area west of the Hudson River that was also claimed by New York, but by agreement of commissioners representing the two colonies, signed December 16, 1786, Massachusetts released to New York all land east of a meridian commencing on the Pennsylvania line 82 miles west of the Delaware River and extending northward to Lake Ontario, except an area of 3,600 square miles east of that line to be selected by Massachusetts between the rivers “Owega and Chenengo.'

The next reduction in area was in 1791, when the consent of New York to the independence of Vermont was made effective by Congress. This left New York with substantially its present boundaries, the distances along which are as follows: 75

The total length of the State boundary is 1,430 miles-Canadian line, 445 miles; Vermont line, 171 miles; Massachusetts line, 501/2 miles; Connecticut line to Long Island Sound, 81 miles; along the ocean around Long Island to the New Jersey shore, 246 miles; New Jersey line, 921/2 miles; Pennsylvania line, 344 miles to the beginning of the Canadian line in the middle of Lake Erie. The boundaries are fixed by accepted agreements and are marked by natural watercourses or by monuments.

For the history and settlement of the eastern boundary of New York see Vermont, pages 85–87; Massachusetts, pages 98-99; and Connecticut, pages 102–104.

A bill passed by the Legislature of New York, approved March 29, 1922, provided for the resurvey of a part of the State boundary said

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74 Report of the Regents of the University on the boundaries of the State of New York, vol. 1, pp. 219-220, Albany, 1874.

76 See New York State Engineer and Surveyor Ann. Rept., 1910, p. 30.

to be in dispute, extending from the northwest corner of Connecticut about 12 miles southward.

The northern boundary was fixed by the treaty of peace in 1783 and by the commission under the sixth article of the treaty of Ghent. (See p. 10.) The 45th parallel part of the boundary is an extension of the Valentine and Collins line of 1772 (p. 86) from the middle of Lake Champlain to the St. Lawrence. From Lake Champlain westward the survey was commenced by Collins and Sauthier in 1773 and completed by Collins the following year.76 The boundary as thus

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marked is far from being a straight line. It is in places half a mile north of the 45th parallel, and that parallel is crossed by it in two places west of Rouses Point, but it was finally accepted and confirmed by the treaty of 1842 as part of the north boundary of the United States. (See p. 23 for reference to the St. Lawrence and lake parts of the boundary.)

The boundary between New York and New Jersey was plainly stated in the grant by the Duke of York to Berkeley and Carteret. (See p. 115.) In 1719 attempts were made to have the line run and marked, but nothing seems to have been done till 1769, when the King

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70 Geog. Rev., April, 1923, pp. 255–265.

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