Duke of York. It was supposed that this west boundary would run about 20 miles east of the Hudson River, but it was discovered later by surveyors from Connecticut that it actually intersected the Hudson near the present site of Tarrytown.

In 1674 the Duke of York received a new charter in substantially the same terms as that of 1664. New controversies concerning jurisdiction led to a new agreement, dated November 28, 1683, between the governors of New York and Connecticut, which fixed the boundary substantially as it now exists between the two States and was sanctioned by the King. This agreement is as follows: 65

It is agreed that the bounds meares or dividend between his Royal Highss Territory in America and the Colony of Connecticut forever hereafter shall begin att a certain Brook or River Called Byram Brooke or River which River is between the Towns of Rye & Greenwich that is to say att the mouth of the said Brooke where it falleth into the Sound at a Point Called Lyon's Point which is the Eastward Point of Byram River, and from the said Point to goe as the said River Runeth, to the place where the Common Road or Wading place over the said River is and from the said Road or Wading place to goe North North west into the Country soe farr as will be Eight English miles from the aforesaid Lyons Point, and that a Line of twelve Miles being measured from the said Lyons Point According to the Line or Generall Course of the Sound Eastward where the said twelve miles Endeth Another line shall be Runn from the Sound Eight miles into the Country North North West and alsoe that a fourth line be Runn that is to say from the North most end of the line first menconed unto the Northmost end of the Eight mile line being the third menconed line which fowrth line with the first menconed Line shall be the bounds where they shall fall to runn. And that from the Eastward End of the fowrth menconed Line (which is to be twelve miles in Length) A Line Parralell to Hudson's River in every place twenty miles distant from Hudson's River shall be the bounds there between the said Territory or Province of New Yorke, and the said Collony of Connecticutt soe farr as Connecticutt Doth Extend Northwards that is to the South line of the Massachusetts Collony.

Only it is Provided that in Case the Line from Byrams Brooke Mouth North North West Eight Miles and the line that is thence to runn twelve miles to the end of the third foremenconed line of Eight Miles Doe Diminish or take away any Land within twenty myles of Hudsons River that then soe much as is in Land Diminished of twenty miles from Hudsons River thereby shall be added out of Connecticutt bounds unto the Line aforemenconed & Paralell to Hudsons River and Twenty miles Distant from it the addition to be made the whole Length of the said Paralell line and in such breadth as will make upp Quantity for Quantity what shall be diminished as aforesaid.

*

A survey of the southwestern part of the boundary was made in 1684 and ratified by both parties. It was then decided that in accordance with the agreement a tract of land estimated at 61,440 acres. should be permanently released to Connecticut by New York, in exchange for which New York should receive an equivalent area in a tract of uniform width between the Sound tract and the south line

Report of the commissioner appointed to ascertain the boundary line between the States of New York and Connecticut, transmitted to the Legislature of New York Apr. 10, 1857, p. 110, Albany, 1857.

of Massachusetts, but for various reasons the survey of the equivalent lands was not made at that time.

This settlement of the boundary dispute was not satisfactory to the settlers in the tract added to New York who for the next 40 years endeavored to have the line moved west. Four sets of commissioners appointed successively for this purpose were unable to come to an agreement. A fifth set, appointed in 1725, entered into articles of agreement settling the manner of the survey, but they ran only the line bounding the tract on Long Island Sound. For some cause action was then suspended until 1731, when the commissioners of 1725 surveyed and set off the oblong or equivalent territory to New York, defining and marking its boundary, which was to remain forever the dividing line between the respective Colonies. The line ran substantially as at present and is as follows: 66

Beginning at Lyon's Point, in the mouth of a brook or river called Byram river, where it falls into Long Island sound, and runnning thence up along said river to a rock at the ancient road or wading place in said river, which rock bears north 12° 45′ east, 550 rods from said point; then north 23° 45' west, 2292 rods; then east-north-east, 13 miles and 64 rods, which lines were established in the year 1725, by Francis Harrison, Cadwallader Colden, and Isaac Hicks, commissioners on the part of the then province of New York, and Jonathan Law, Samuel Eells, Roger Wolcott, John Copp, and Edmund Lewis, commissioners on the part of the then colony of Connecticut, and were run as the magnetic needle then pointed: then along an east-north-east continuation of the last-mentioned course, 14 miles, and 21 rods to a monument erected in the year 1731 by Cadwallader Colden, Gilbert Willett, Vincent Matthews, and Jacobus Bruyn, junior, commissioners on the part of said province, and Samuel Eells, Roger Wolcott, and Edmund Lewis, commissioners on the part of said colony; which said monument is at the southeast corner of a tract known and distinguished as the oblong or equivalent lands; then north 24° 30' west, until intersected by a line run by said last-mentioned commissioners, on a course south 12° 30′ west, from a monument erected by them in the south bounds of Massachusetts, which monument stands in a valley in the Taghkanick mountains, 121 rods eastward from a heap of stones, in said bounds on the top or ridge of the most westerly of said mountains; then north 12° 30′ east, from a monument erected by said last-mentioned commissioners at said place of intersection, and standing on the north side of a hill, southeasterly from the easternmost end of the long pond, along the aforesaid line to the aforesaid monument erected in the south bounds of Massachusetts, being the northeast corner of the oblong;

For more than a century no further controversy arose, but after 1850 questions of jurisdiction were raised, and in 1855 Connecticut made a proposition for a new survey. Several sets of commissioners were appointed; 67 but no agreement being reached, finally, in 1860,

co New York Stat. 1829, vol. 1, pp. 61-65; Rev. Stat. 1882, vol. 1, pp. 127–128.

67 See Report of commissioners appointed in 1856 to ascertain the boundary between the States of New York and Connecticut, Albany, 1857, which includes map and historical data.

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:

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."

67 a

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: 6s

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 34 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

e7a 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 a complete account of this controversy.

New York Rev. Stat., 1882, vol. 1, p. 136.

act of January 10, 1925,7° 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"

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.

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 historical matter, copies of royal grants, copies from field notes, reports of surveys, etc.

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

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:73

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.

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