appointed commissioners, who fixed on substantially the present line. In 1772 this line was accepted by both colonies, and in 1773 it was confirmed by the King in council. Commissioners were appointed to survey and mark the line, which was described as follows: "7

A direct and straight line from the fork or branch formed by the junction of the stream or waters called the Machackamack with the river Delaware or Fishkill, in the latitude of 41° 21′ 37'', to a rock on the west side of the Hudson River, marked by the said surveyors, in the latitude of 41°-said rock was ordered to be marked with the following words and figures, viz: “Latitude 41° north;" and on the south side thereof, "New Jersey;" and on the north side thereof, "New York;" also to mark every tree that stood on the line with five notches and a blaze on the northwest and southeast sides thereof, and to put up stone monuments, at 1 mile distance from each other, along the said line, and to number such monuments with the number of miles; the same shall be from the before-mentioned marked rock on the west side of Hudson's River, and mark the words "New Jersey" on the south side and the words New York" on the north side of every of the said monuments.

66

In 1833 commissioners were appointed by New York and New Jersey for the settlement of the territorial limits and jurisdiction of the two States. The commissioners reached an agreement, which was ratified in 1834 by each State and was confirmed by Congress by an act approved June 28, 1834, providing as follows: 78

ARTICLE FIRST. The boundary line between the two states of New York and New Jersey, from a point in the middle of Hudson river, opposite the point on the west shore thereof, in the forty-first degree of north latitude, as heretofore ascertained and marked, to the main sea, shall be the middle of the said river, of the Bay of New York, of the waters between Staten Island and New Jersey, and of Raritan Bay, to the main sea; except as hereinafter otherwise particularly mentioned.

ARTICLE SECOND. The state of New York shall retain its present jurisdiction of and over Bedloe's and Ellis's islands; and shall also retain exclusive jurisdiction of and over the other islands lying in the waters above mentioned and now under the jurisdiction of that state.

ARTICLE THIRD. The state of New York shall have and enjoy exclusive jurisdiction of and over all the waters of the bay of New York; and of and over all the waters of Hudson river lying west of Manhattan Island and to the south of the mouth of Spuytenduyvel creek; and of and over the lands covered by the said waters to the low water mark on the westerly or New Jersey side thereof; subject to the following rights of property and of jurisdiction of the state of New Jersey; that is to say:

1. The state of New Jersey shall have the exclusive right of property in and to the land under water lying west of the middle of the bay of New York, and west of the middle of that part of the Hudson river which lies between Manhattan island and New Jersey."

2. The state of New Jersey shall have the exclusive jurisdiction of and over the wharves, docks, and improvements, made and to be made on the shore of the said state; and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessels shall be subject to the

77 New Jersey Stat. 1821, pp. 29-34.

78 4 Stat. L. 708; New York Rev. Stat. 1882, vol. 1.

7 See 248 U. S. 328.

quarantine or health laws and laws in relation to passengers, of the state of New York, which now exist or which may hereafter be passed.

3. The state of New Jersey shall have the exclusive right of regulating the fisheries on the westerly side of the middle of said waters, Provided, That the navigation be not obstructed or hindered.

ARTICLE FOURTH. The state of New York shall have exclusive jurisdiction of and over the waters of the Kill Van Kull between Staten Island and New Jersey to the westernmost end of Shooter's Island in respect to such quarantine laws, and laws relating to passengers as now exist or may hereafter be passed under the authority of that state, and for executing the same; and the said state shall also have exclusive jurisdiction for the like purposes of and over the waters of the sound from the westernmost end of Shooter's Island to Woodbridge creek as to all vessels bound to any port in the said state of New York.

ARTICLE FIFTH. The state of New Jersey shall have and enjoy exclusive jurisdiction of and over all the waters of the sound between Staten Island and New Jersey lying south of Woodbridge creek, and of and over all the waters of Raritan Bay lying westward of a line drawn from the light-house at Prince's bay to the mouth of Mattavan creek; subject to the following rights of property and of jurisdiction of the state of New York; that is to say:

1. The state of New York shall have the exclusive right of property in and to the land under water lying between the middle of the said waters and Staten Island.

2. The state of New York shall have the exclusive jurisdiction of and over the wharves, docks, and improvements made and to be made on the shore of Staten Island, and of and over all vessels aground on said shore or fastened to any such wharf or dock; except that the said vessels shall be subject to the quarantine or health laws and laws in relation to passengers of the state of New Jersey which now exist or which may hereafter be passed.

3. The state of New York shall have the exclusive right of regulating the fisheries between the shore of Staten Island and the middle of said waters: Provided, That the navigation of the said waters be not obstructed or hindered.

Bedloes Island and Ellis Island, although on the New Jersey side of the boundary, are under the jurisdiction of the State of New York and are a part of Greater New York City.80

In 1876 commissioners were appointed to relocate the land boundary between New York and New Jersey and to replace monuments that had become dilapidated or destroyed or erect new ones. The commissioners found slight discrepancies between some of the original marks and the published descriptions thereof, and the legislature of each State ordered that the original monuments should be considered the true boundary.

81

In 1874 the New Jersey Geological Survey retraced the land boundary between New Jersey and New York. The report by the State geologist, published at New Brunswick in 1874, contains a plat showing the divergence between the line as run and marked in 1774 by compass and the true arc of a great circle between the two termi

80 See New York State Laws of 1909, ch. 59, sec. 7; and Greater New York charter, ch. 1, sec. 2, 1897.

81 See New York S. Doc. 17 of 1875 and New York S. Doc. 20 of 1882.

nals. The greatest divergence is at Greenwood Lake (mile 26 from the Hudson River) and is 2,415 feet. Throughout its length the accepted boundary is south of the straight line and thus gives to New York about 10 square miles of territory that was originally intended. to be a part of New Jersey.

After this survey New Jersey proposed that New York should consent to a relocation of the boundary on the arc of a circle, but New York failed to concur. Later the two States accepted the line as marked in 1774 as a valid boundary and appointed commissioners, who re-marked the entire line in 1882 with granite monuments placed at each highway and railroad crossing and at the end of each mile, measured from the bank of the Hudson.82

In 1887 a joint commission of the two States was appointed to determine and mark the boundary through Raritan Bay. This commission came to an agreement, the terms of which are as follows:

First. From "Great Beds light-house," in Raritan bay, north, twenty degrees sixteen minutes west, true, to a point in the midle of the waters of Arthur Kill, or Staten Island Sound, equidistant between the southwesterly corner of the dwelling house of David C. Butler, at Ward's Point, on Staten Island, in the State of New York, at the southeasterly corner of the brick building on the lands of Cortlandt L. Parker, at the intersection of the westerly line of Water street with the northerly line of Lewis street, in Perth Amboy, in the State of New Jersey.

Second. From "Great Beds light-house," south, sixty-four degrees and twenty-one minutes east, true (S. 64° 21′ E.), in line with the center of Waackaack or Wilson's beacon, in Monmouth County, New Jersey, to a point at the intersection of said line with a line connecting "Morgan No. 2" triangulation point, U. S. Coast and Geodetic Survey, in Middlesex County, New Jersey, with the "Granite and Iron beacon," marked on the accompanying maps as "Romer stone beacon," situated on the "Dry Romer shoal;" and thence on a line bearing north, seventy-seven degrees and nine minutes east, true (N. 77° 9' E.), connecting " Morgan No. 2" triangulation point, U. S. Coast and Geodetic Survey, in Middlesex County, New Jersey, with said "Romer stone beacon " (the line passing through said beacon and continuing in the same direction), to a point at its intersection with a line drawn between the "Hook beacon," on Sandy Hook, New Jersey, and the triangulation point of the U. S. Geodetic Survey, known as the Oriental Hotel, on Coney Island, New York; then southeasterly, at right angles with the last-mentioned line to the main sea. Third. The monumental marks by which said boundary line shall be hereafter known and recognized are hereby declared to be as follows:

1. The "Great Beds light-house."

2. A permanent monument marked "State boundary line New York and New Jersey," and to be placed at the intersection of the line drawn from the "Great Beds light-house" to "Waackaack or Wilson's beacon," Monmouth County, New Jersey, and the line drawn from " Morgan No. 2" triangulation point, U. S. Coast and Geodetic Survey, in Middlesex County, New Jersey, to "Romer stone beacon."

Laws of New York for 1880 and Laws of New Jersey for 1881.

3. Eight buoys or spindles, to be marked like the permanent monument above mentioned, and placed at suitable intervening points along the line from the said permanent monument to the "Romer stone beacon."

4. The "Romer stone beacon."

In 1774 commissions were appointed by New York and Pennsylvania to fix the "beginning of the 43d degree" of north latitude (the 42d parallel) on the Mohawk or western branch of the Delaware River, which is the northeast corner of Pennsylvania, and to proceed westward and fix the line between Pennsylvania and New York. These commissioners reported in December of the same year that they had fixed the northeast corner of Pennsylvania and marked it as follows: 88

in a small Island marked B in the Draught planted a Stone with the Letters NEW-YORK, 1774 Cut on one side and on the Top LAT. 42° VAR. 4° 20′. Thence due West on the West side of Delaware River, We collected a Heap of Stones at High Water mark and in the said West line 4 Perches distant, planted another Stone as at C with the Letters PENNSYLVANIA 1774 Cut on the South side and on Top Lat. 42° Var. 4° 20' and from thence due West 18 P. marked an Ash Tree. But the rigour of the Season prevented us from proceeding further.

Nothing further seems to have been done until 1786-87, when commissioners were appointed to finish the work thus begun, and the lines were run and monuments erected. The line was ratified by Pennsylvania in 1789, but no action was taken by the New York Legislature until the adoption of the revised statutes in 1829. The line is described as follows: 84

A meridian line drawn through the most westerly bent or inclination of Lake Ontario; then south along said meridian line to a monument in the beginning of the forty-third degree of north latitude [on the forty-second parallel], erected in the year 1787, by Abraham Hardenburgh and William W. Morris, commissioners on the part of this state, and Andrew Ellicott and Andrew Porter, commissioners on the part of the state of Pennsylvania, for the purpose of marking the termination of the line of jurisdiction between this state and the said state of Pennsylvania; then east along the line established and marked by said last mentioned commissioners to the ninetieth milestone in the same parallel of latitude, erected in the year 1786, by James Clinton and Simon DeWitt, commissioners on the part of this State, and Andrew Ellicott, commissioner on the part of Pennsylvania; which said ninetieth milestone stands on the western side of the south branch of the Tioga River; then east along the line established and marked by said last-mentioned commissioners, to a stone erected in the year 1774, on a small island in the Delaware river, by Samuel Holland and David Rittenhouse, commissioners on the part of the colonies of New York and Pennsylvania, for the purpose of marking the beginning of the forty-third degree of north latitude; then down along said Delaware river to a point opposite to the fork or branch formed

83 Pennsylvania Sec. Internal Affairs Rept. for 1887, p. 495, Harrisburg, 1887. Pennsylvania Stat. L., vol. 13, pp. 378-379, Harrisburg, Mitchell & Flanders, 1908; New York Rev. Stat., vol. 1, p. 130, Albany, Banks & Bros., 1882,

by the junction of the stream called Mahackamack with the said Delaware river, in the latitude of 41° 21' 37" north; then in a straight line to the termination, on the east bank of the Delaware river of a line run in the year 1774, by William Wickham and Samuel Gale, commissioners on the part of the then colony of New York, and John Stevens and Walter Rutherford, commissioners on the part of the then colony of New Jersey.

The meridian line forming part of the west boundary of New York was surveyed and marked in 1790 by Andrew Ellicott. In order to fix the initial point for this line, Ellicott ran a traverse line from the west end of Lake Ontario along the lake shore to the Niagara River, up and across that river, thence southwest along the south shore of Lake Erie to the computed longitude of the starting point. The notes of this survey have been lost.85 The total length of the meridian line from a stone post set on the shore of Lake Erie to the Pennsylvania north line was later found to be 98,525 feet. In 1869 a large granite monument was set at a point 440 feet south of the lake-shore mark.86 (See pl. 3, C.) The latitude of this point is 42° 15′ 58.4", and the longitude 79° 45′ 44.9".

In 1877 the true position of the 42d parallel was ascertained at four points and in 1879 at nine other points. The distances from the four points to the boundary line were found to be:

1. At Travis Station (Hale's Eddy), very near the east end of that part of the New York and Pennsylvania line supposed to be on the 42d parallel, the old line was found to be 275 feet north of the parallel.

2. At Finn's Station (Great Bend), about 20 miles from the east end, the line is 350 feet south of the parallel.

3. At Burt's Station (Wellsburg), about 70 miles from the east end, the line is 760 feet north of the parallel.

4. At Clark's Station, nearly 225 miles from the east end, the line is 150 feet north of the parallel.87

The calculated latitude of the southwest corner of New York is 42° 00′ 01.42", or very nearly 144 feet north of the true parallel, and its approximate longitude is 79° 45′ 45′′.

The New York-Pennsylvania boundary line was resurveyed in whole or in part in 1877-1879; between 1881 and 1885 all missing marks were replaced with granite posts. There are now 519 stone monuments on the 42d parallel line, 224 of which are milestones. There are 18 milestones and 32 other marks on the meridian boundary. The marks between milestones on these lines are mostly at

85 Report of the Regents of the University on the boundaries of the State of New York, vol. 1, p. 324, 1874.

86 See Pennsylvania Sec. Internal Affairs Rept. for 1893, p. 133A, for description.

87 For positions of other points see Report of the Regents' Boundary Commission upon the New York and Pennsylvania boundary, with final report of the surveyor for the Commission: New York S. Doc. 71, 1886, pp. 271-279.