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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"

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.

Ti 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.

*

*

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

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." 74

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, 9212 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

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

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

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

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

* Geog. Rev., April, 1923, pp. 255-265.

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78

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: 77

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.

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:

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.
79 See 248 U. S. 328.

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