tersection of the east boundary line with the northern boundary of the United States is 104°02'48.13" W. These values are for 1927 N.A.D.

151

BOUNDARY LINES OF THE STATES CALIFORNIA

CALIFORNIA

The act of September 9, 1850 (9 Stat. L. 452), admitting California into the Union reads in part as follows:

Whereas the people of California have presented a constitution and asked admission into the Union Be it enacted ⚫ that the State of California hsall be one and is hereby declared to be one of the United States of America and admitted into the Union on an equal footing with the original states in all respects whatever.

The constitution of California describes the boundaries of the State as follows (Thorpe, 1909, v. 1, p. 405):60

Commencing at the point of interseciton of forty-second degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred and twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a southeasterly direction to the river Colorado, at a point where it intersects the thirty-fifth degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico as established by the treaty of May 30, 1848; thence running west and along said boundary line to the Pacific Ocean, and extending therein three English miles; running in a northwesterly direction and following the direction of the Pacific coast to the forty-second degree of north latitude; thence on the line of said forty-second degree of north latitude to the place of beginning. Also all the islands, harbors, and bays along and adjacent to the Pacific coast.

California is part of the territory acquired from Mexico by the treaty of Guadalupe-Hidalgo, between the United States and Mexico, proclaimed July 4, 1848. From that date until December 20, 1849, when the State constitution was adopted and a governor elected, the future State was governed by the commanding officer of the U.S. military forces, Brigadier General Riley. Thus California never had the status of an organized territory, but was admitted directly into the Union.

To determine the proper position for the northeast corner of California (lat 42° N., long 120° W.), an astronomic station was established at Camp Bidwell, where more than 3,000 measurements of lunar distances were said to have been made for longitude in 1868-69. The position for the corner was computed to be 9 miles 56 chains north and 4 miles 78 chains east from the observatory. From the corner thus found, the line. was run west a distance of 212 miles 28 chains to a terminal mark 12 chains from the shore of the Pacific Ocean. The 1927 N.A.D. position of this post is lat 41°59'54.65" N., long 124°12′28.31" W. The mile marks along the line consisted of wooden posts or small stones having "O" cut on the north side, "C" on the south, and the mile number and date on the other sides. This survey was made by D. G. Major, U.S. deputy surveyor

69 For a brief review of the events that resulted in the adoption of the boundaries of California as at present fixed, and of attempts to change them, see Guinn (1905).

and astronomer. The field notes are among the records of the General Land Office and are filed in the U.S National Archives.

The 120th meridian boundary between California and Nevada north of Lake Tahoe was first surveyed in 1860-63 and a second line was run in 1868. However, the official survey, which still governs, was made by W. A. Von Schmidt, U.S. deputy surveyor, in 1873. Von Schmidt went to Verdi to a station on the Central Pacific Railroad (now part of the Southern Pacific Lines) and es lished telegraphic communication with San Francis here there was an astronomic station. After detern... his longitude by difference in time, he measured over to the 120th meridian and started north along it from Crystal Peak. When he reached Smokey Creek, he received instructions that his line must run south from the point established by Major in 1869 as the northeast corner of California, the mileposts to be numbered from that point. He therefore left his line and began a new one running south from Major's monument. Reaching a point opposite the northend of his earlier line, he measured east and found the distance between the two lines to be 3 miles and 24.51 chains. Because he felt certain that his longitude determination on the railroad was much closer than that of the initial point on the Oregon border, he was inclined to accept the former, but hesitated to disregard his orders to begin at the corner set in 1869. In his report, he stated that after considering the fact that it was the intent of Congress that the boundary should be 120° west of Greenwich, he decided to set a new initial point on the 42d parallel.

Von Schmidt computed the convergence of the meridians for the difference in latitude and subtracted this value from the east-west distance between his two lines. He then surveyed east from Major's monument 3 miles 18.73 chains to a point for the northeast corner of California where he set a post 8 feet long and 8 inches square in a mound of stone. A triangulation station of the U.S. Coast and Geodetic Survey (Nev.Calif.-Ore. Ecc.) is 117 feet southwest of the post marking the corner. The coordinates of this station are lat 41°59'41.36" N., long 119°59′55.60" W. (1927 N.A.D.). The field notes and the report on this survey are in the U.S. National Archives.

From this point Von Schmidt ran the line south, setting mileposts on the boundary. He made a satisactory closure in the east-west direction with his line

152

BOUNDARIES OF THE

UNITED STATES AND THE SEVERAL STATES

north from the railroad and continued to the north shore of Lake Tahoe.

The gap of more than 3 miles between the monuments of Major and Von Schmidt was not monumented. When the fractional township at the northeast corner of the State was surveyed in 1879, the north-south section lines were closed against the line between the two monuments. These closing corners serve to mark the State boundary.

The oblique boundary line between California and Nevada, from its northern terminus in Lake Tahoe to its southern terminus on the Colorado River at lat 35° N. was originally surveyed under authority of an act of Congress of 1860. Several surveyors took part in the work of surveying this line, among them Lt. Joseph C. Ives, who made astronomic observations for position at the Colorado River end of the line and on the south shore of Lake Tahoe. For determination of longitude at the Lake Tahoe site, he had the use of a telegraph line to San Francisco.

The first complete running of this boundary was by Von Schmidt in 1873. His mileposts were numbered in continuation of the line from the Oregon border, number 211 being near the southeast corner of the lake. He ran a random line, computing an azimuth to close on the position established by Lieutenant Ives. His closure on this point was 20 chains. He found that the river had changed its bed by a distance of a mile and a half. In reply to his request for instructions from the General Land Office, Von Schmidt was told he should make his own decision as to the intersection of the middle of the channel of the Colorado and the 35th parallel as he saw it at that time, inasmuch as the Ives survey had never been accepted.

Work on a resurvey of this boundary was initiated by the U.S. Coast and Geodetic Survey in 1893 and completed in 1899. No fieldwork was done in 1896 and 1897. In the annual report of this agency for 1900 (Sinclair, 1901), it is stated that corrections to his random line were distributed by Von Schmidt only along the south one-third of his line. New determinations of latitude and longitude were made for the terminal points on the line. The position of the river channel at the 35th parallel was chosen as a point midway between the cut banks between which the river meandered.

The random line for the new survey was put in by triangulation, beginning at the Lake Tahoe end. The final boundary marks were offset from this line, by

whatever amount the adjustment required. Most of the marks were wooden posts surrounded by a rock cairn 3 to 5 feet high. In a total distance of 405 miles, 137 monuments were set. These monuments, scribed with the letters "C" and "N" on the appropriate sides and the number on the northwest, mark the accepted boundary. Fifty marks of the 1873 survey were recovered. The line surveyed in 1873 crosses the Coast and Geodetic Survey line twice and at one place is over a mile northeast of it.

The principal islands claimed as part of the State of California are:

Santa Catalina and San Clemente, 20 to 50 miles off the coast, included in Los Angeles County.

San Nicolas, 60 miles from the coast, included in Ventura County.

Santa Cruz, Santa Rosa, and San Miguel, 20 to 25 miles from the coast, included in Santa Barbara County.

These and many smaller islands passed under the control of the United States in consequence of the treaty of Guadalupe-Hidalgo. The question of sovereignty over these islands has been raised several times, the claim being made that as they were not mentioned in the treaty of 1848, Mexico had not given. up its title to them; but it is evident from the following references that it was generally understood after the treaty was signed that the islands were a part of the territory ceded to the United States.

A general assertion of jurisdiction of the "islands adjacent to the Pacific coast" was made in the State constitution of 1849, which was formally approved by Congress in 1850.

In an act of Congress approved August 31, 1852 (10 Stat. L. 91), an appropriation was made for subdividing these islands, several of which were mentioned by name, "so that said islands may be readily disposed of under the laws of the United States."

The U.S. Supreme Court at its December term, 1859, decided a case relating to a land grant on the island of Santa Cruz (23 Howard 465), in which the claim was based on a Mexican grant of 1839. The question of jurisdiction of the United States over the island was not brought up, although it must have been considered.

Patents have been issued from time to time by the General Land Office for land on the several islands, and reservations have been made on behalf of the United States for lighthouses.

So far as can be ascertained, no formal adverse claim to these islands has ever been presented by Mexico, and in view of the foregoing facts it is certain that none can now be made with a hope for favorable consideration. (U.S. Dept. of the Interior, 1895, p. 106.) The south boundary of California from the Colorado River to the Pacific Ocean is also the international

boundary between the United States and Mexico. For description of the survey of this line by the joint international commission in 1849, see page 28.

Owing to the continual shifting of the bed of the Colorado River, the States of California and Arizona executed a compact on March 12, 1963, to fix their common boundary. The compact specified that a joint commission would define the boundary in such a manner that further movement of the river would not affect it. Near the south end of this boundary, the bed of the river has not been confined by the topography as it was farther north. Because determination of the position of the midchannel at the time California entered the Union would be difficult now, it was decided to place the boundary line in a position that would provide an equitable distribution of the land that had been affected by the movement of the riverbed. (See fig. 42.) The compact called for the determination of the positions of 34 points by precise geodetic methods. The first of these points is at the center of the river where the California-Nevada boundary intersects it. The 34th point is at the international boundary with Mexico. Twelve of these stations are on structures over the river. Some 200 additional stations are identified on aerial photographs taken for the purpose, and their coordinates measured and computed by precise analytical photogrammetry.

Where successive points fall in the middle of the channel of the river, the boundary follows the stream rather than being a straight line between them, the aerial photographs being retained as evidence of the posi tion. The controlling points are considered sufficiently close together and the river stabilized to the extent that no problems would arise. Congress approved the new boundary on August 11, 1966 (80 Stat. 340).

The revised boundary is described in detail with drawings, geodetic positions, and descriptions of angle points in Technical Bulletin No. 27 of the U.S. Coast and Geodetic Survey (Simmons, 1965).

The extension of the international boundary into the Pacific by treaty in 1972 (see page 46, territorial waters) provides that the boundary shall begin at the westernmost point of the mainland boundary. (See p. 28, survey of the Mexican-California boundary.) It extends seaward to a point that is the intersection of two arcs of 12 nautical miles radius, struck from Point Loma in U.S. territory and the Coronado Islands in Mexico. The series of straight lines connecting the seaward extremity and the terminal point on shore are arcs of great circles. The straight lines represent a practical simplification of a line drawn in accordance with the principle of equidistance established by the Geneva Convention. The positions of the points where these straight lines intersect are shown on the chart annexed to the treaty document (TIAS 7313).

153

BOUNDARY LINES OF THE STATES OREGON

OREGON

61

The Oregon region in early days was a source of many disputes (Mowry, 1902, chap. 7) between the United States and Great Britain, nearly to the point of war. It was claimed by the United States at different times as a part of the Louisiana Purchase, by right of discovery, and as a part of the Spanish cession. In the convention of 1818 with Great Britain, joint occupancy for 10 years was provided. This status continued until 1846, when Congress by resolution authorized the President to give notice of its discontinuance. The United States at that time claimed the area as far north as lat 54°40′ N., but by the treaty with Great Britain of 1846 (see p. 18) the disputes regarding title were forever settled and the 49th parallel was made the northern boundary.

The Territory of Oregon was organized August 14, 1848, with boundaries described as follows (see fig. 43, 9 Stat. L. 323):

all that part of the Territory of the United States which lies west of the summit of the Rocky Mountains, north of the fortysecond degree of north latitude, known as the Territory of Oregon, shall be organized into and constitute a temporary government by the name of the Territory of Oregon.

In 1853 the Territory was reduced by the formation of Washington Territory, and on February 14, 1859 (11 Stat. L. 383), it was admitted as a State with its present limits. The boundaries were described in the State constitution of 1857 as follows (Thorpe, 1909, v. 5, p. 3015):

Beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast lying west and opposite the State, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia River; thence easterly to and up the middle channel of said river, and, where it is divided by islands, up the middle of the widest channel thereof, and in like manner up the middle of the main channel of Snake River to the mouth of the Owyhee River; thence due south to the parallel of latitude forty-two degrees north; thence west along said parallel to the place of beginning, including jurisdiction in civil and criminal cases upon the Columbia River and Snake River concurrently with States and Territories of which those rivers form a boundary in common with this State. But the Congress of the United States, in providing for the admission of this State into the Union, may make the said northern boundary conform to the act creating the Territory of Washington.

61 For a brief outline of the principles governing acquisition of territory by discovery and occupation, see Queensland Geor. Jour., Brisbane, Australia, 1923, v. 38, p. 61. This article contains a reference to the Oregon dispute. See also Schafer (1911, p. 273-299) and Moore (1898, v. 1, chap. 7 and 8).

The U.S. act of February 14, 1859, concluded the description as follows (11 Stat. 383):

to a point near Fort Walla-Walla, where the forty-sixth parallel of north latitude crosses said river; thence east on said parallel to the middle of the main channel of the Shoshonnes or Snake River; thence up the middle of main channel of said river, to the mouth of the Owyhee River; thence due south, to the parallel of latitude forty-two degrees north; thence west, along said parallel, to the place of beginning.

The Oregon-Washington boundary on the 46th parallel, between the Snake and Columbia Rivers, was surveyed and marked in 1863-64 under the direction of the General Land Office. The latitude used was derived from more than 500 observations with the sextant. Two observation stations were occupied, one near the foot of Cathedral Rock on the Columbia, the other near Cottonwood Creek on the west side of the Blue Mountains. A random line was run between them, which showed an apparent difference of latitude of 4". The final line was run on the mean latitude. Marks were set at mile intervals for 42 miles east from the Columbia, then at irregular intervals over the Blue Mountains. The measured length of the line was 96 miles 57 chains. The easternmost mark, which was placed 3 chains from the west bank of the Snake River, was a 72-foot post 12 inches in diameter, marked "W" on the north, "O" on the south, and "46 L 1868" on the east side; it was set in a 6-foot pile of stones.

By a joint resolution approved June 10, 1910, Congress gave its consent to Oregon and Washington to fix their common boundary in the Columbia River and to cede, the one to the other, islands the title to which had been in dispute. Owing to the continual shifting of the main channel of the Columbia River, it was decided to define the boundary by a series of tangents, the ends of which were recorded geodetic positions. A compact was made by the States of Oregon and Washington, and Congress approved the new boundary on July 31, 1958 (72 Stat. 455). These straight lines connect 191 points between the mouth of the Columbia and the point where the boundary leaves the river and continues eastward along the 46th parallel. These lines approximate the channel of the river, and a point is established on the centerlines of bridges and dams crossing the river. Point number one, at the mouth of the Columbia River, is lat. 46°15'00" N., long. 124°05'00" W. (1927 N.A.D.) The seaward end of the boundary is 1 marine league due west of this point (at the same latitude).

The meridian boundary between Idaho and Oregon from the middle of the main channel of the Snake River at the mouth of the Owyhee southward to the calculated position of the 42d parallel, was surveyed and marked in 1868 under the direction of the General Land Office. The latitude of the north end of this line

155

BOUNDARY LINES OF THE STATES

WASHINGTON

was determined from more than 300 sextant observations as 43°48'41.1" N. The position for the south end was also determined from sextant observations. The measured length of the line was 124 miles 17.2 chains. The marks consisted of wooden posts, small stones, or mounds of stone. The U.S. Coast and Geodetic Survey in 1915 located a point on this line near its north end, the position of which is lat 43°43'21.34" N., long 117°01'32.70" W. (1927 N.A.D.). For discussion of the south boundary, see California, p. 151, and Nevada, p. 158.

WASHINGTON

The Territory of Washington was organized March 2, 1853, from a part of Oregon Territory. (See fig. 43.) Its original limits were defined in the following clause from the act of Congress creating it (10 Stat. L. 172):

That from and after the passage of this act all that portion of Oregon Territory lying and being south of the forty-ninth degree of north latitude, and north of the middle of the main channel of the Columbia River from its mouth to where the forty-sixth degree of north latitude crosses said river, near Fort Walla Walla, thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized into and constitute a temporary government by the name of the Territory of Washington.

In 1859, on the formation of the State of Oregon, the residue of the Territory of Oregon, the part extending from the east boundary of the State to the crest of the Rocky Mountains, was added to Washington. This area, together with the part of Washington lying east of its present limits, was included in Idaho on the formation of that Territory in 1863.

The present boundaries of the State of Washington are as follows: Beginning at a point 1 marine league due west of a point at the mouth of the Columbia River, the boundaries follow a series of tangents which approximate the main channel of the river to its point of intersection with the 46th parallel of latitude (see Oregon, above); thence east on the 46th parallel to the Snake River; thence down the main channel of the Snake River to the mouth of the Clearwater; thence north on the meridian which passes through the mouth of the Clearwater to the boundary line between the United States and the British possessions; thence west with that boundary line to the Pacific.62

Washington was declared admitted as a State by proclamation dated November 11, 1889, with its limits defined as above (25 Stat. L. 676). The enabling act

63 See articles relating to the northern boundary in Elliott (1919a, b).