*3 Return this book on or before the i jjg g Latest Date stamped below. A S1J 1 j! charge is made on all overdue if * books. University of Illinois Library v iqcrn m Vsf!9S0 L161— H41 REPORT REGENTS’ BOUNDARY UPON THE New York and Pennsylvania Boundary, ILLUSTRATED WITH NUMEROUS MAPS AND SKETCHES. ALBANY: WEED, PARSONS AND COMPANY, LEGISLATIVE PRINTERS. 1886. O b< { ' Lcl ^ ^ * u) • (\KM, + ?( ' '■ vv> a STATE OF NEW YORK. No. 71 . IN SENATE, April 22, 1886. FINAL REPORT OF THE COMMISSIONERS ON THE BOUNDARY LINE BETWEEN THE STATE OF NEW YORK AND THE STATE OF PENNSYLVANIA. New York Boundary Commission, Office of the Commissioners, Albany, April 22, 1886. To the Hon. Edward F. Jones, President of the Senate : Sir — On behalf of the Commissioners on the Boundary Lines between the State of New York and the States of New Jersey and Pennsylvania, and by their direction, I have the honor herewith to transmit to the Legislature their final report in relation to the sur- vey and settlement of the boundary between this State and the State of Pennsylvania, extending from a point on the Delaware river, near Hale’s Eddy, to Lake Erie. Very .respectfully, Your obedient servant, H. R. PIERSON, Chairman of Commission on part of New Yorlc. Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/reportofregentsb00univ_0 CON Page Report of the Commissioners ti Copy of Final Agreement 24 Preliminary Letter of Maj. H. W. Clarke, Surveyor for the Joint Com- mission 31 Abstract of Contents of Report 34 SURVEYOR’S FINAL REPORT. Preliminary 37 Parallel Boundary: Historical Sketch . 40 Establishment of Initial Point, 1774 62 Surveys before the Boundary was fixed 73 Official Survey of 1786-7 76 Error in Revised Statutes of N. Y 97 Early Land Surveys 101 Joint Reconnaissance of 1877-9 under the present Commission. . . . 123 Final Operations of 1881-4 under the present Commission 154 Meridian Boundary: Historical Sketch .... 175 Surveys and Operations under the present Commission 204 APPENDIX. A. Laws Relating to the Re-survey of the Boundary 212 AA. Instructions to the Surveyors 219 B. Descriptive Schedule of Monuments, 1881-5 222 C. Table of Distances and Deflection Angles . 263 D. Astronomical Stations of the U. S. Coast and Geodetic Survey, etc. 271 E. County and Town Corners 280 F. Names of Commissioners and Persons connected with the Survey, 1877-1885 286 G. George Palmer’s Papers and Surveys, 1774, 1784 291 H. Holland Land Company’s Records of Surveys 313 J. Keating Estate Surveys 384 K. New York and Pennsylvania on Ancient Maps 390 L. Disputes with Connecticut and Massachusetts: The Massachusetts Claim . . 402 The Connecticut Claim in Pennsylvania 417 The Connecticut Gore in New York 429 M. The Erie Triangle 438 N. Maps of the Boundary showing locations of New Monuments 459 Index 457 [Note. — A detail description and sketch of each of the original monuments discovered, will be found in the “Diary of Operations,” filed with the Official Records of the Commission in the office of the Secretary of State. Reduced copies (half size) of the Maps of the original survey of 1786-7 are inserted at page 77.] REPORT To the Legislature of the State of New York : The commissioners appointed by the Board of Regents under authority of chapter 340 of the Laws of 1880, to ascertain and re- store the boundary lines between the State of New York and the States of Pennsylvania and New Jersey, respectively, submit their report in relation to the final establishment and re- marking of the boundary line between the States of New York and Pennsylvania, extending from a point in the Delaware river near Hale’s Eddy, to Lake Erie. The Regents of the University were charged by the Legislature in 1875 with the duty of “ an examination as to the true location of the monuments which mark the boundary,” between this State and New Jersey and Pennsylvania. The execution of this duty was intrusted, by order of the board, to a committee consisting of the late Chancellor, Mr. Pruyn, Mr. Pierson and Mr. Perkins. On the decease of Mr. Perkins the vacancy was filled by the ap- pointment of Mr. Depew. The authority under which this work was undertaken is derived from the provisions of chapter 424 of the Laws of 1875, which law is as follows : An Act in regard to the boundary monuments of the State. Passed May 26, 1875; tliree-fiftlis being present. The People of the State of New YorJc , represented in Senate and Assembly , do enact as follows : Section 1 . The Regents of the University are hereby authorized and directed to resume the work of u examination as to the true location of the monuments which mark the several boundaries of the State,” as authorized by the resolution of the Senate of April nine- teenth, eighteen hundred and sixty-seven, and in connection with the authorities of Pennsylvania and New Jersey respectively, to re- place any monuments which have become dilapidated or been re- moved on the boundary lines of those States. 6 [Senate § 2. The sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated for expenses of renewing and replacing monuments, and for contingent expenses. § 3. The Regents shall report to the Legislature on the progress of this work with an account of all expenditures. § 4. This act shall take effect immediately. On the 19th of May, 1877, the committee of this board met the commissioners of Pennsylvania in the city of New York, for the purpose of making preliminary arrangements for the examination of the boundary line between these States. At this meeting this board was represented by John Y. L. Pruyn, Chancellor, Henry R. Pierson, Chauncey M. Depew and S. B. Wool- worth, Secretary. The State of Pennsylvania, by James Worrall, Robert N. Tor- rey and C. M. Gere. After some time spent in conversation on the objects proposed to be accomplished, the following resolutions were unanimously adopted : 1. Resolved, That in the judgment of the joint commission it is expedient that a reconnaissance of the boundary line between the two States be made by skilled surveyors, in order to ascertain what monuments are missing, and the condition of those that remain, with such incidental facts as may be desirable. Also, that an astronomical determination be made, at four points on the line, to ascertain the due location on the surface of the earth of the forty-second parallel of latitude, and that a report in writing embracing the several mat- ters aforesaid be made to the commissioners. 2. Resolved , That the commissioners of each State appoint or em- ploy a competent surveyor for the purposes aforesaid, and that the two persons thus appointed be requested to co-operate in the work of the survey. 3. Resolved, That the commissioners respectfully request the Su- perintendent of the United States Coast Survey, if lie can con- veniently do so, to make the determination of latitude before re- ferred to, and that the commissioners will pay the expenses of the officer detailed for the work in equal proportions. 4. It was further resolved that the commissioners of each State fix the compensation of its surveyor, and provide for the payment of the same. Also, that the surveyors jointly employ such chain, flag and axe-men as they shall deem necessary, and at such compensation as they shall consider reasonable, and that said compensation be paid equally by the two States. The commission then adjourned subject to the call of the chair- man. No. 71.] 7 In conformity with the second resolution, II. Wadsworth Clarke, a civil engineer of good repute of Syracuse, was appointed surveyor on the part of this State. C. M. Gere, of Montrose, Penn., one of the Pennsylvania com- missioners, was appointed surveyor on the part of that State. On the 19th of June the joint commission met at Hale’s Eddy, on the Delaware river, near the eastern end of the boundary line. Here in 1774, two monuments were placed to mark the parallel of forty-two degrees. A most thorough search for these monu- ments was made, but neither of them was found. This caused much embarrassment to the surveyors. They were obliged to proceed westward until they found mile monuments, and then to run back to the river, and thus fix as nearly as possible the initial point of the boundary line. This having been done, the surveyors retraced the line westward. Some of the monuments were found unimpaired and apparently in place ; others were broken, some had evidently been removed from their original position, and others had entirely disappeared. The line was found to be very irregular, rarely two monuments aligning with a third. The report of the surveyor, herewith communicated, with the accompanying maps, shows the line as it was run by the commis- sioners of the two States in 1786 and 1787, as nearly as can now be ascertained. This northern boundary of Pennsylvania was described by the charter of King Charles the Second, to William Penn, under date of March 4, 1680, as on the parallel of forty-two degrees, north lati- tude. Of this there has not, at any time, been dispute. The pur- pose of the commissioners of 1786 and 1787 was to run a line on this parallel. To determine its position they made astronomical ob- servations, first at the Delaware river, and then at distances of about twenty miles, to Lake Erie. The instruments used, though the best which could then be obtained, would now be regarded as rude and unreliable. The line between these astronomical stations was run by the compass, subject to the variations of the magnetic needle. These methods left the true place of the parallel in great uncer- tainty. In conformity with the third resolution of the joint com- mission, an arrangement was made with the Superintendent of the United States Coast Survey, by which four points on that parallel were established, with all the accuracy known to modem science. As the surveyors proceeded with their work, they found the line 8 [Senate as run by the commissioners of 1786 and 1787, to be, in some places,, on one side of the parallel, and in someon the other, its greatest vari- ation being nearly 1,000 feet. It is to be regretted that these deviations exist, though less posi- tive evil results from them than, on a cursory view, it might be pre- sumed would be experienced. The Pennsylvania commissioners have been understood to favor the change of the monuments to the par- allel, where they are found to deviate from it. The law which pre- scribes the power of this board gives no authority to do this, and against it there are grave objections. Such change will involve change of jurisdiction and disturbance of the records of titles. It will transfer citizens from one State, with whose laws and usages they are familiar, to another, whose civil polity is quite different, and may be even repulsive. When the work of the season was about one-half completed, the committee received a proposal from the commissioners of Pennsyl- vania, that Mr. Clarke, the surveyor on the part of this State, should assume its entire direction, by reason of the impaired health of Mr. Gere, the surveyor on the part of Pennsylvania. The committee saw no reason for declining this proposal, and they regarded it as a very gratifying evidence of confidence in the ability and faithfulness of Mr. Clarke. The work on the boundary between this State and Pennsylvania, during the season of 1877, closed at the 119th mile-stone. The field work was resumed on the 13th of June, 1878, and con- tinued, with the exception of about fifteen miles, to Lake Erie, which was reached on the 28th of October. The part omitted was rough and uncultivated, on the border of Cattaraugus county. It was found that its examination would occupy so much time, that if it was made the other part of the line could not be com- pleted. It was, therefore, determined to omit it until another season. The condition of the monuments, on this part of the line, was found to differ not materially from that of those on the part exam- ined in 1877. On the 26th day of June, 1879, a meeting of the joint commis- sioners of the two States was held at Clifton Springs. Cols. Wor- rall and Gere of the Pennsylvania branch of the commission were present, and Regents Leavenworth and Pierson of the Regents’ Committee appeared in behalf of this State, accompanied by Assist- No. 71.] 9 \ ant Secretary Pratt and Surveyor Clarke. At this meeting, the account current between the two States was settled, and the plan of operation for the season was substantially arranged. This was to include the reconnaissance of about fifteen miles of line between Cattaraugus and McKean counties, omitted the previous year, and a review of the work of 1877, between the Delaware and Susquehanna rivers. At the solicitation of the Pennsylvania commissioners, it was also agreed, in case satisfactory arrangements could be made with the officers of the U. S. Coast Survey, that a number of latitude deter- minations, additional to those of 1877, should be made for the pur- pose of showing to what extent the line westward from the Delaware river corresponds, or fails to correspond, with its original description, as being along the astronomical parallel of forty-two degrees of north latitude. The proposals made by the officers of the Coast Survey were accepted after a careful consideration as to the propriety and importance of these latitude determinations, and the work was accomplished at considerably less than the authorized expense. In the progress of the work of ascertaining the position of the ancient monuments, two facts were established: First, that many monuments were lost or their exact location not positively ascertain- able ; and second , that the line of the boundary as traced on the earth was not a straight line, that is, that every monument was not on the parallel. The commissioners on the part of the State of Pennsylvania de- sired to change the old line to a straight line, if possible. The com- missioners on the part of New York held that they had no power to make the change, and that the line established by the commission of 1771, 1786 and 1787was now the true line. The following correspondence took place : Office of the N. and W. Boundary Commissions, ) Department of Internal Affairs, >■ Harrisburg, Penn., Dec. 14, 1880. ) Hon. D. J. Pratt, Assistant Secretary Board of Regents, Albany, N. Y Dear Sir — It is only within a few days that I have received a copy of Major Clarke’s report, or I should have communicated with you sooner as to the view which the Pennsylvania board of bound- ary commissioners takes of it, at least a majority of them, the third having not yet been heard from.* Should the New York board * Since this letter was written, the third member of the board has indicated his assent to the views herein expressed. [ben. Doc. No. 71.] 9 10 [Senate agree with us, I do not see why we might not agree upon onr action without a meeting, which is in any case inconvenient and is certain to cause individual expenditure of money. W e have given this subject our deepest consideration, as indeed its importance demands; we have besides, unofficially, consulted very high legal authority to aid us in our conclusion, and our views are the result of such consideration and consultation. It is only necessary, we think, to read Major Clarke’s reports to be convinced that to restore the line to what it was at the time of its being laid down, in the last century, is simply an impossibility. The line as found appears to be composed of a series of crooked continuous lines and gaps extending for miles unmarked in any way, to restore which, from any discoverable data, cannot be done. The whole of the fragments of line discovered are not straight. They vary from north to south by no rule. Scarcely three monu- ments to be found are in the same straight line, but form irregular curves, the theory of which cannot be divined. The blank portions of the line then must have been erratic in the same way, and there is no rule to point out the system of their errors. There is hardiy a monument on the whole line that is upon the forty-second parallel, at or near the points which have been laid down for us upon that line by the Coast Survey, and yet the forty- second parallel of north latitude remains the true boundary between the two States. Yet were we to reject the parallel as our boundary, how is it possible to restore the line of the last century ? Any line must be the result of the opinion of the last surveyor, and it is cer- tain that he has no rule and can discover no rule upon which to form that opinion. It appears then to this board, that in order to establish this line it is absolutely necessary for us to have the parallel laid down with the utmost care and precision attainable at this age, and either recommend that the said parallel shall be the boundary from this time forward, or adjust the fragments of Major Clarke's constructed line to it in such a manner as not to disturb vested interests. And in this process should it be found that the parallel to be laid down will not seriously affect these interests, then let there be a system of compromise established by which no owner on either side of that line shall be unjustly treated. The law calls us to find the “ true location ” of the monuments, on which “ true location ” they can be set. We cannot conceive any true location for them except upon the parallel, and that is not to be No. 71.] 11 found except by laying it down with “ all the appliances and means to boot’’ attainable at the present day. We are informed that the State of New York is now having a geodetic survey of her territory made by the United States Coast and Geodetic Survey.* The parallel laid down geodetically would be a most important element in such a survey, and its cost would be much reduced if the State of Pennsylvania were to assume one-half thereof. The State of Pennsylvania will very soon find it to her advantage to have a similar survey of lier territory made, and would equally require the parallel as a basis in such survey. She would also partake of the benefit of having the cost of laying down the parallel divided by two in like manner. So there can scarcely be a better time than the present to come to such conclusion. We have inquired at the Coast Survey bureau and find that to lay down and mark by suitable monuments aline detiningtheforty-second parallel geodetically, which means, with the utmost precision attain- able in this age ; also, to lay down, in a similar manner, the nineteen or twenty miles of meridian dividing a portion of the two States from each other, would cost each State, say $18,000. Whilst the cost of laving down a line constructed from the vestiges of the old line it is impossible to estimate. The surveyors might withdraw from the field under the impression of having finished their work, but there is no knowing how often they might be recalled to explain their work. A geodetic line laid down by the bureau would embrace a belt in each State, on each side of the parallel, from fifteen to thirty miles wide ; a belt which would contain every object of interest embraced within that area. A geodetic line would possess the advantage of having trigonometrical references to the parallel, by means of which it could always be restored, should it by accident, or (as it would most certainly) by design, at any time become disintegrated. We see by Major Clarke’s report that he has reason to believe that his line has been tampered with already, and he has reason to infer that the line has been tampered with in various places in years gone by. Any other line could only be preserved, or attempted to be pre- served, by close local indices. Self-interest or mere wanton mischief * The survey referred to by Col. Worrall is not in charge of the United States Coast Survey bureau, but is a State survey under a board of State commissioners. 12 [Senate might seriously break it at many points ; it and its local references both. But trigonometrical references, such as none but scientific knowledge could even understand (although perfectly simple to geodetic surveyors from the records), would retain the means of renewing the line against all its enemies, whether those of accident, design or neglect, through the inattention of years. Unless this parallel is laid down what have we for the data of our boundary ? It is only necessary to read Major Clarke’s reports and examine his maps to answer. If the old line be called for — what is the old line ? We find two pieces of the old line ; one, per- haps, curving to the north, the other to the south, and a gap between them. Did the curves continue into the gap and how far '( The curves possess no status in geometry ; we imagine tangents to them, versed sines, abscissas, what not ; but they are not to be defined by any such references. Did the northern curvature extend into the gap, or was the gap straight, or where did the southern curvature commence ? An answer to any of these questions must be made empirically. There is no specialty of rule, and an owner 1 ikes to know how to set up his fences, yet how can he do it ? Owners are some- times scientific men — star-gazers let us say. Such men, knowing that these boundaries have reference to the heavens, will be found very often appealing to the heavens and asking the authorities to have the errors they have discovered corrected, for they can use a telescope as well as the surveyor-general, who has set their metes and bounds. But this subject is almost infinite. Thousands of cases may be imagined through which trouble would arise to posterity, unless we lay down the line now, appealing to the highest scientific light attainable. That was indeed done by our forefathers. The first surveyors of this line were philosophers of the age, friends and corresponds of Franklin, Rumford perhaps, and other distinguished lights of the last century in Christendom. The Ritten- liouses, the Ellicotts, the Porters, the Clintons and others, who were interested in these boundaries, were the highest authorities of the age. They have left imperfect work behind them, but their instru- ments were imperfect, and geodesy was hardly known at that day. Their meridians are fair enough, but their parallels we can hardly understand. Tiieir astronomical stations do not seem to be seriously erroneous, but their parallel is absolutely unintelligible. Yet how much of that has remained undisturbed for one hundred years — who can tell ? * *See remarks of Assistant Edwin Smith in Report of United States Coast and Geodetic Survey for 1880, p. 18. No. 71.] 13 They had the best instruments of the day it is true ; they got them from the best makers known at the time ; yet see what work they have left behind them ! But again ; these men were the highest authority of the age, selected by the great parties in interest. Is it not the duty of the same parties iu interest to select the highest authorities of this age ? Then these authorities were individual philosophers. To-day we have an institution whose geodetic work has shed a luster upon our country. The work of the Coast Survey has been tested again and again, and is acknowledged to have attained to a precision not surpassed by any similar work in any part of the world. Shall we have this boundary laid down by them, or shall we trust to private authority, which, however adept in ordinary surveying, is, nay, cannot but be inexperienced in geodetic work. The utmost difference in cost can scarcely reach to $10,000 for each State, and what is that in comparison to the satisfaction that would be felt by the State and people, knowing that their work is done as correctly as it is possible to have it done at this time. But regarding the line as it has been explored, who can estimate the difficulties, were we to undertake to adopt it? Major Clarke suggests that it would possibly be necessary to revise, at more than one point, at the final settling. It would indeed be necessary to revise it at very many points at the final settling. Indeed we cannot see how it is possible to pro- nounce on it unless we know where the forty-second parallel is for the whole distance. Whatever trouble may seem to be necessary in fixing this bound- ary had better be taken now. To defer the final consideration is only putting off the evil day. The longer it is deferred the greater will be the uncertainty, and the greater will be the final cost. The two Legislatures may be reported to, laying down the facts as the} 7 are, and the whole matter can be proceeded with under the provisions of a concurrent bill. I beg that you will lay the above letter before your board for their consideration, and as both Legislatures meet very soon, they, the Legislatures, should be informed of the position of affairs up to the period of their meeting. Can we arrange matters by correspondence ? I am very respectfully your obedient servant, JAMES WORRALL, Chairman. 14 [Senate STATE OF NEW YORK : New York and Pennsylvania Boundary Commission, Office of the Regents of the University, Albany, December 30, 1880. To the Hon. James Worrall, Chairman , etc. : Dear Sir — I have read and considered very carefully your com- munication of December 14th, in regard to the boundary line between New York and Pennsylvania, and I have noted your proposition as to the future joint action of the commissioners of the two States. Without undertaking to discuss in detail the points, which you so ably state in your paper, it will be better that I proceed at once to explain the position of the New York commission, and the limita- tions within which any further action on their part must be taken. Declared Policy of the State of New York. In the first place, from the whole tenor of the action of the State of New York, and especially from its declarations as to the present case, I think I am authorized in saying that the State has adopted a definite policy, as to the principles which should govern in all measures regarding its boundary lines. The original resolution, passed by the Senate April 19, 1867, authorized the Regents of the University : “ To cause an examination to be instituted as to the con- dition and true location of the monuments which mark the several boundaries of the State, and ascertain whether any, and what action may be needed to preserve and renew them.” Chapter 424 of the Laws of 1 875 authorizes the Regents of the University : “ To resume the work of examination as to the true loca- tion of the monuments which mark the several boundaries of the State * * * and, in connection with the authorities of Pennsyl- vania and New Jersey respectively, to replace any monuments which have become dilapidated or been removed.” The authority conferred by these two express declarations of the Legislature, it will be seen, extends only to the work of examining as to the monuments, and of replacing any which have become di- lapidated or been removed, and does not contemplate any step toward locating a new line, or erecting monuments on any other than the original line. A similar definite policy is apparent in the action of the Legisla- ture in regard to the Connecticut boundary. By chapter 159 of the No. 71. ] 15 Laws of 1860, it directs the commissioners : “ To survey and mark with suitable monuments the said line between the two States, as fixed by the survey of 1731.' ” The State of Connecticut for a time resisted this mode of settlement and insisted on a ratification of the line, to make it accord with the verbal description ; but finally by an agreement between the commissioners of the two States, ratified by both States, the line originally surveyed and which had been recog- nized as such, was fixed as the true boundary. The same policy is manifest in the language of the Revised Stat- utes in which the boundaries of the State of New York are estab- lished by law. The boundary between New York and Pennsylvania is not described as the line of the forty-second parallel, but as “ the line established and marked by the last-mentioned commissioners.” According to this statute, the line actually traced on the ground by the joint commissioners of the two States is the legal and authentic boundary. Finally referring to the line between New York and Pennsylvania, in an act passed May 20, 18S0, it is declared that the lines originally- laid down and marked with monuments by the several joint commis- sioners duly appointed for that purpose, and which have since been acknowledged and legally recognized by the several States interested, as the limits of their territory and jurisdiction, are the boundary lines of said States, irrespective of want of conformity to the verbal descriptions thereof. The same act authorizes the Regents to desig- nate three of their number as commissioners, who, in connection with commissioners from the other States, “ shall proceed to ascer- tain and agree upon the location of said line as originally established and marked with monuments ; and in case any monuments are found dilapidated or removed from their original location, said commission- ers are authorized to renew or replace them in a durable manner in their original positions, and to erect such additional monuments at such places on said line as they may deem necessary for the proper designation of the boundary lines of said States.” In view of these plain indications, and especially this last un- equivocal declaration, there can be no doubt that it is the settled policy of the State of New York to hold the lines originally laid down on the ground, and recognized as the limits of their territory and jurisdiction, as the true boundary lines, irrespective of their want of scientific accuracy. v 16 [Senate Decisions of tiie Supreme Court of the United States. 2. This policy which the State has adopted, and made the basis of its action, in every case of disputed boundary, is that which is sanctioned by the decisions of the Supreme Court of the United States. A celebrated case, in which the question here considered was adjudicated, was that of Rhode Island v. Massachusetts, as reported in 12 and Id Peters and 4 Howard. The boundary line in dispute was described in the letters-patent to the Colony of Massachusetts Bay in 1621, as lying “ three English miles south of the Charles river, or any part thereof.” In 1642 this boundary was run by surveyors, taking as their start- ing-point, a stake set three miles south of the most southern bend of a small tributary of the Charles river, and not of the river itself. The question as to the true location of the boundary was finally brought into court by the State of Rhode Island, alleging that the line as run upon the ground did not conform to the legal description thereof. The final decision was rendered in 1846, in which Justice McLean, who delivered the opinion of the court, in speaking of this point, says : “For the security of rights, whether of States or individuals, long possession -under a claim of title is protected. And there is no controversy in which this great principle may be involved with greater justice and propriety, than in a case of disputed boundary.” And, again, u Whatever inaccuracy may be detected in the latitude or longitude of the station of Woodward and Satfrey, as given by them, or in the volume of water called for, the place being identified will control other calls.” (4 Howard.) It was on such reasoning that the case was decided against Rhode Island and the line as run on the ground, although through a mis- conception erroneously located, was confirmed as the true boundary. Practice of the United States. 3. It will be found that this principle, in the settlement of boundary lines, is one which has been observed in all disputes, whether between States, or between the United States and foreign powers. Thus, in the case of the north-eastern boundary between this country and Canada, a portion of it, lying on the north of Vermont and New York, is described in the treaty of 1783, as fol- lows: “ Thence down along the middle of said river (Connecticut) to the forty-fifth degree of north latitude ; from thence by a line No. 71.] 17 due west on said latitude, until it strikes the river Iroquois or Cataraquy,” etc. (Treaty of 1783, art. 2.) Now this line of the forty-fifth degree of north latitude had been surveyed by Yalentine and Collins previous to 1771. But the work, although perhaps as well done as the instruments and methods of the time would allow, was not equal to the tests applied to it half a century later. At St. Begis the old line differed from the rectified line by 1,375 feet, and at House’s Point the two diverged 4,576 feet, nearly a mile. Yet in the settlement of this boundary effected by the Asbburton Treaty in 1842, instead of insisting on a rectification of the line, and the establishment of a scientific boundary, the high contracting parties agreed that the old line should be adhered to, describing it in words as follows: “ Thence down the middle of said stream, till the line thus run intersects the old line of boundary, surveyed and marked by Yalentine and Collins, previous to 1774, as the forty-fifth degree of north latitude, and which has been known and understood to be the line of actual division between the States of New York and Yermont, on one side, and the British Province of Canada on the other ; and from said point of intersection, west along said dividing line, as heretofore known and understood, to the Iroquois or St. Lawrence river.” Scientific Boundaries Impossible. 4. This principle for the settlement of boundaries seems to be a necessary result of the imperfection of the methods which must be used to locate a line according to its verbal description. To run a straight line on the surface of the ground is an impossibility. The very highest result of modern science is only an approximation, more or less accurate, according to the precision of the instruments, and the skill and time expended by the surveyors. If, therefore, we were to admit the necessity of making a boundary line conform per- fectly to its description, in order that it should become the true boundary, we should be compelled to run it anew at every advance in scientific instruments, and readjust the questions of land titles and jurisdiction at every new rectification. The only escape from this conclusion is in applying to the boundaries of States the same prin- ciples that we employ in questions of boundary between the prop- erty of individuals. We must regard the line upon the ground, run with the best skill available at the time, and indorsed and acquiesced [Sen. Doc. No. 71.] 3 18 [Senate in by the States, as the permanent boundaries. The formal laying out of the line and the marking with monuments must be looked upon as the joint interpretation of the verbal description, whicli in- terpretation the parties agree to regard as the true line, and by their agreement are estopped from thereafter calling in question. History of the New York and Pennsylvania Boundary. 5. The history of the New York and Pennsylvania boundary illus- trates, in the most striking manner, the importance of the principles above stated. The northern boundary of Pennsylvania was described in the original letters-patent, granted to William Penn, as the be- ginning of the forty-third degree of northern latitude. The line along this parallel remained undetermined and unmarked until, in 1774, the initial point thereof on the Delaware river was ascertained and fixed astronomically by the joint commissioners appointed for that purpose, viz.: Samuel Holland, on the part of New York, and David Rittenhouse, on the part of Pennsylvania. No further steps were taken in the matter till the close of the war, when the demand for lands in central and western New York, and in the rich valleys of Pennsylvania, called attention to the necessity of settling the limits of the two States. The State of Pennsylvania first moved in the matter and appointed commissioners “ to run and mark a temporary line.” Governor George Clinton, of New York, at once procured the passage of an act providing for a joint commission “to run out, mark and ascertain the said line of jurisdiction, beginning at the place so fixed and ascertained by the said commissioners, as above men- tioned, on the Mohawk, or western branch of the Delaware, at the beginning of the forty-third degree of north latitude.” Governor Clinton, in communicating this action of the New York Legislature to Governor Dickinson, of Pennsylvania, calls his atten- tion to the fact, that “ our law provides for the establishment of a ; permanent line * * * instead of a temporary line, between the two States.” Whereupon, on the suggestion of Governor Dickin- son, the Pennsylvania General Assembly rescinded its former action, and passed an act March 31, 1785, providing for a joint commission to establish the common boundary. David Rittenhouse and Andrew Porter were appointed commissioners on the part of Pennsylvania, and Philip Schuyler, James Clinton and Simeon De Witt, commis- sioners on the part of New York. The joint commission, in the summer of 1786, finished ninety 19 No. 71.] miles of the line to the Tioga river, marking the same with sub- stantial mile-stones. The work was resumed in 1787, with Andrew Ellicott and Andrew Porter as commissioners from Pennsylvania and Abraham Ilardenbergh and William W. Morris, commissioners from New York. For the purpose of greater accuracy, they divided the whole line, from the Delaware to Lake Erie, into sections, and at stations determined, by astronomical observations, the latitude. The several commissioners reported the results to their States. This line so run and marked, comprising the initial point on the Delaware river, the ninety miles run in 1786, and the remainder in 1787, was established and confirmed by act of the State of Pennsyl- vania, passed September 29, 1789, as the boundary between it and the State of New York, as follows : “ That the said boundary line, so as aforesaid run, marked and returned, * * * * shall be, and forever hereafter shall be deemed and taken to be, and is hereby declared to be, the true and just line of boundary and partition, both of territory and jurisdiction, between the State of Pennsylvania and the State of New York.” In like manner the State of New York by formal statute enacted that “ it is therefore declared that the State of New York is bounded as follows: * * * * to a monument in the beginning of the forty-third degree of north latitude, erected in the year 1787, by Abraham Ilardenbergh 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 pur- pose 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 the said last-mentioned commissioners to the ninetieth mile-stone in the same parallel of latitude, erected in the year 1786 by James Clinton and Simeon DeWitt, commissioners on the part of this State, and Andrew Ellicott, commissioner on the part of Pennsylvania, which said ninetieth mile-stone 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 commission- ers, to a stone erected in the year 1774, on a small island in the Delaware river by Samuel Holland and David Rittenliouse, commis- sioners 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.” (N. Y. Revised Statutes.) ' It is evident from the language of authorizing and confirming acts 20 [Senate on the part of both States, that it is the lines run upon the ground which were intended to be, and were confirmed as the permanent boundaries. Nothing can be stronger or more unequivocal than the declaration of the State of Pennsylvania. And in the light of these declarations, it seems unwarrantable for the joint commission to open the whole question anew, and undertake to make a new boundary between the States. From such a step certainly the New York commissioners are restrained not only by considerations as to the general policy of the State, but by the definite instructions contained in the act under which they were appointed and are now acting. Conclusion and Recommendations. What remains for the joint commissioners to do, under these cir- cumstances, seems plain. It is to restore the marking of the old line. That this presents some difficulties there is no doubt. The state of the line as revealed by the reconnaissance of Major Clarke, the surveyor for the joint commissioners, shows clearly that the work of restoring it is undertaken none too soon. As to the methods to be pursued, they do not differ from those pursued in ascertaining the boundary lines between tracts of land owned by individuals. This principle is expressly decided in the case of Rhode Island v. Mas- sachusetts , 12 Peters, 734. First, monuments or marks on the ground must govern. Wher- ever such marks can be found, they determine points in the line. If there is evidence of the marks having been changed from their orig- inal location, they must be restored to their ancient place. When the monuments are lost, then evidence of their original location must be gathered from the boundary lines of tracts of land abutting on the State line, from public acts of recognition as shown in the jurisdic- tion exercised by local officers and courts, and from traditional testi- mony supported by such public acts. Having ascertained the mon- uments, or the places where they once were, the intermediate lines between them must be run and connected, so as to form a continu- ous boundary, however crooked it may turn out to be, or whether it conforms to the forty -second parallel os not.* It is just as easy to connect the monuments of such a line with a * See opinion of Hon. George A. Simmons in regard to tlie Connecticut bound- ary, in which the same principles here involved are discussed. The Connecticut boundary was settled in accordance with these principles. (N. Y. Senate Doc- ument 165, 1857.) This opinion is given in full in the report of Major Clarke. No. 71.] 21 system of trigonometrical stations, as those proposed to be put upon the scientific parallel. Such monuments would, therefore, have the same security against being lost or displaced as those of a new line. The New York State Survey will reach many parts of this line in the summer of 1881, and it will be entirely feasible to make each of the monuments a station in the triangulation and thus to fix effectually its location, so that it may at any time be found. The difficulty of accomplishing such a restoration of the old line would be as nothing compared with the embarrassment and incon- venience, not to say the injustice, caused by the survey of a newline on the forty-second parallel. Probably through its entire extent, it would vary from the recognized line, sometimes on one side and some times on the other. Persons and property with all their vested rights would be transferred from the jurisdiction of one State to that of another. Private titles would be disturbed, the limits of towns, counties and villages would be changed and endless sources of litigation would be opened. No “system of compromise ” or compensation, in my opinion, can be conceived, which will be ade- quate to make amends for such consequences. Proposed Course to be Pursued. Instead of attempting this, I respectfully submit, on the part of the New York commission, the following course, which the joint commission, in the further prosecution of their duties, may legiti- mately and properly pursue : 1. That the work of examining the monuments, and describing and mapping the present condition of the line, be completed. 2. That the work of restoring the monuments be at once under- taken ; granite to be used as the material; underground marks and reference points to be established. 3. That additional monuments on the line be established, at its intersection with important roads and rivers, where their publicity will make them useful as reference points, and will protect them against disturbance. 4. That the portion of the line intervening between the monu- ments be aligned and described in the records of the commission. 5. That a map of the line be constructed in duplicate, to form part of the records to be deposited in the archives of the two States. 6. That arrangements be made with the commissioners of the New York State Survey, that whenever and wherever their opera- 22 [Senate tions shall reach this line, the monuments thereof shall be included in and form stations of their triangulation ; and that whenever a survey of the State of Pennsylvania shall be carried out, measures be taken to effect in the triangulation a similar connection with the boundary monuments. I have the honor to be, very respectfully your obedient servant. HENRY R. PIERSON*, Chairman of the New York Commission . Reorganization of the Commission. In the meantime the following act had been passed by the Legis- lature : AN ACT to provide for the settlement of the boundary lines between the State of New York and the States of Pennsylvania and New J ersey res pecti vely . Passed May 20, 1880; tliree-fiftlis being present. The People of the State of New York , represented in Senate and Assembly, do enact as follows : Section 1 . Whereas, by an act of the Legislature, passed the 26th day of May, 1875, the Regents of the University were authorized and directed, “ in connection with the authorities of Pennsylvania and New Jersey, respectively, to replace any monuments which have be- come dilapidated or been removed, on the boundary lines of those States ; ” and, whereas, from the examination made by said Regents it has been found that said monuments, as located by the original joint commissioners, do not conform in all cases to the verbal descrip- tions of said lines, and questions have arisen between the commis- sioners of said States as to the proper location of said monuments ; therefore, it is hereby declared that the lines originally laid down and marked with monuments by the several joint commissioners duly appointed for that purpose, and which have since been acknowL edged and legally recognized by the several States interested as the limits of their territory and jurisdiction, are the boundary lines of said States, irrespective of want of conformity to the verbal descrip- tions thereof. § 2. Said Regents are hereby authorized and empowered to desig- nate and appoint three of their number as commissioners to meet such commissioners as have been or may be appointed and vested with similar powers, on the part of the States of Pennsylvania and New Jersey, or either of them, and with such last-mentioned com- missioners, as soon as may be, to proceed to ascertain and agree upon the location of said lines as originally established and marked with monuments; and in case any monuments are found dilapidated or removed from their original location, said commissioners are author- ized to renew or replace them in a durable manner, in their original No. 71.] 23 positions, and to erect such additional monuments at such places on said lines as they may deem necessary for the proper designation of the boundary lines of said States. The said Regents shall report the action of said commissioners to the Legislature of this State for its consideration and ratification. §3. The sum of three thousand dollars, or so much thereof , as may be necessary, is hereby appropriated out of any moneys in the treasury applicable for such purposes, to pay the necessary expenses and disbursements of said commissioners in the performance of the dnties required by this act, and the Comptroller is authorized to draw his warrant upon the Treasurer for moneys hereby appropri- ated from time to time as the same may be needed. § 4. This act shall take effect immediately. In pursuance of the above law the Regents of the University, on the 13th day of July, 1880, adopted the following resolution: Whereas, By chapter 340 of the Laws of 1880, the Board of Regents are “ authorized and empowered to designate and appoint three of their number as commissioners to meet such commissioners as have been or may be appointed and vested with similar powers on the part of the States of Pennsylvania and New Jersey, or either of them, and to proceed to ascertain and agree upon the location of said lines as originally established and marked with monuments . ” therefore, Resolved , That Vice-Chancellor Pierson and Regents Leavenworth and Depew be appointed commissioners under the above act with full powers to carry out the provisions thereof. The commissioners thus appointed entered at once upon the work intrusted to them. Annual reports have been made by them to the Legislature, showing the progress made from year to year by the joint commission in agreeing upon and establishing the boundary line between the two States, in replacing monuments which were found dilapidated or removed, and in erecting such additional monu- ments as they deemed necessary. For information in regard to the progress of the work in these particulars, reference is respectfully made to these annual reports. Instructions were issued to the surveyors (for which see Appendix A A) giving full directions for the continuance and completion of the work in hand. In pursuance of these instructions the surveyors proceeded to re- survey the line and remark it with monuments. The details of their operations are given in the report made by them to the joint commissioners, and is herewith transmitted, and in the field-books kept by them. 24 [Sen at® Final Agreement. The work of surveying the boundary line and re-marking it with suitable and durable monuments having thus been completed to the satisfaction of the commissioners of the two States, a formal agree- ment was made by the commissioners, and duly executed by them on behalf of the two States. It was stipulated that this agreement should become binding and operative whenever it should be ratified and confirmed by the Legislatures of the two States, and approved by the Congress of the United States. Accordingly a bill has been framed and is submitted herewith, ratifying and confirming the agreement entered into by the commissioners. By this bill the Gov- ernor is authorized, when he shall have received due notice of a like ratification by the State of Pennsylvania, in concurrence with the Executive of Pennsylvania, to communicate the action of the two States to Congress and to ask its approval of the same. The agreement entered into by the commissioners is as follows: AN AGREEMENT made the Twenty-sixth day of March, in the year Eighteen hundred and eighty-six, between Henry R. Pierson , Elias W. Leavenworth and Chauncey M. Depew, Commission- ers on the part of the State of New York , and Christopher M. Gere and Robert N. Torrey , Commissioners on the part of the State of Pennsylvania. Whereas, By the first section of Chapter four hundred and twenty-four of the Laws of the State of New York for the year 1875, the Regents of the University of the State of New York were authorized and directed to resume the work of examination as to the true location of the monuments which mark the several boundaries of this State ” as authorized by the resolutions of the Senate of April 19, 1807, and, in connection with the authorities of Pennsylvania, to replace any monuments which may have become dilapidated or been removed on the Boundary line of that State ; and Whereas, The said Board of Regents of the University did, through a Committee of said Board, previously appointed for the purpose under said Senate Resolutions of 1867, proceed to carry out the instructions contained in said Chapter four hundred and twenty-four of the Laws of 1875 ; and Whereas, By Chapter three hundred and forty of the Laws of the said State of New York for the year 18S0, the said Regents of the University were further authorized and empowered to designate and appoint three of their number as Commissioners to meet such Commissioners as may have been, or may be, appointed on the part of the State of Pennsylvania, and with such last-named Commission- No. 71.] 25 ers, as soon as may be, to proceed to ascertain and agree upon the location of the Boundary line between said States, as originally es- tablished and marked with monuments, and in case any monuments are found dilapidated or removed from their original locations, to replace them in a durable manner in their original positions, and to erect such additional monuments at such places on said lines as they may deem necessary for the proper designation of the Boundary line between said States ; and Whereas, The above named Henry R. Pierson, Elias W. Leaven- worth and Chauncey M. Depew, were by resolution passed on the thirteenth day of July, 1880, duly designated and appointed by the said Regents of the University of the State of New York as Commis- sioners on the part of the State of New York for the purposes men- tioned in said Act : and Whereas, Also, by an Act of the Legislature of the State of Pennsylvania entitled “ An Act in regard to the Boundary monu- ments on the line between the State of Pennsylvania and New York with an appropriation for expenses of the same” passed May 8, 1876, the Governor of the State of Pennsylvania was authorized and empowered “ to appoint three persons to be a Commission to act in conjunction with a similar Commission of the State of New York, to examine as to the true location of the monuments which mark the Boundary line between this State and the State of New York, and in connection with said Commission of the said State of New York, to replace any monuments which have become dilapi- dated or been removed on the Boundary lines of said States : ” and Whereas, The Governor of the State of Pennsylvania under authority of said Act did duly designate and appoint Janies Worrall, Christopher M. Gere and Robert N. Torrey to be a Commission for the purposes of said Act ; and Whereas, James Worrall, the first named member of said Com- mission, died during the progress of the work on said boundary line, to-wit, on April 1, 1885, and the surviving members, to-wit, Chris- topher M. Gere and Robert N. Torrey, have continued the work of said Commission on the part of the State of Pennsylvania, authorized by the aforesaid Act : Now, therefore, The said Commissioners, for and on behalf of their respective States, having duly performed the duties imposed upon them by the said acts, and having examined said Boundary line and replaced in a durable manner the monuments to mark the same, in pursuance of the authority duly given as aforesaid, have agreed, and do hereby agree, as follows : First. The channel of the Delaware River, from a line drawn across said channel, from a granite monument erected upon the East- ern bank of said River, in the year 1882, by the Joint Boundary Commission of the State of New Jersey and New York, to mark the Western extremity of the Boundary line between said States of New Jersey and New York, in a Westerly prolongation of said [Sen. Doc. No. 71.] 4 26 [Senate Boundary line, up and along said channel of said Delaware River, as it winds and turns, for a distance of eighty-five miles or there- abouts, to a line drawn East across said River, from a granite monu- ment erected upon the West bank of said River, in the year 1884, by II. W. Clarke and C. M. Gere, to mark the Eastern extremity of the first line hereinafter described, shall continue to be a part of the Boundary or partition line between the said two States : Pro- vided, however, that the limit of territory between the said two States shall be the center of the said main channel; and Provided further, that each State shall enjoy and exercise a concurrent juris- diction within and upon the water of said main channel, between the lines of low water at either bank thereof, between the limits hereinbefore mentioned. Second. The line extending from the Delaware River aforesaid, at a point upon said river fixed and marked with monuments (which have since disappeared), by David Rittenhouse and Samuel Holland, in the month of November, in the year 1774, West, as the same was surveyed and marked with monuments in the year 1786, as far as the ninetieth milestone, by James Clinton and Simeon DeWitt, Commissioners on the part of the State of New York, duly ap- pointed for that purpose by the Governor of said State, in pursu- ance of an Act of the Legislature of said State, entitled, “ An Act. for running out and marking the Jurisdiction line between this State and the Commonwealth of Pennsylvania,” passed 7, March, 1785, and David Rittenhouse, Andrew Porter, and Andrew Ellicott, Commissioners on the part of the Commonwealth of Pennsylvania, duly appointed for that purpose by the Supreme Executive Council of said Commonwealth, in pursuance of an Act of the General As- sembly of said Commonwealth, entitled, “ An Act to authorize and enable the Supreme Executive Council to appoint Commissioners, to join with the Commissioners appointed, or to be appointed on the part of the State of New York, to ascertain the Northern boundary of this State from the river Delaware westward to the Northwest corner of Pennsylvania,” passed 31 March 1785, and from the said ninetieth milestone, West, as the same was surveyed and marked with monuments and posts in 1787, by Abraham ILar- denbergh and William W. Morris, Commissioners on the part of the said State of New York duly appointed in the place of Simeon DeWitt and James Clinton aforesaid, by the Governor of said State, in pursuance of the Act aforesaid, and the Act supplementary thereto, passed by the Legislature of said State, 21 April, 1787, and Andrew Ellicott and Andrew Porter aforesaid, Commissioners on the part of the Commonwealth of Pennsylvania, to the point at which said line is intersected by the Line of Cession or Meridian Boundary hereinafter described, which said line, so surveyed and marked in the years 1786 and 1787, has since been acknowledged and recognized by the said two States as a part of the limit of their respective territory and jurisdiction, shall, notwithstanding any No. 71.] 27 want of conformity to tlie verbal description as written in the Charter of the Province of Pennsylvania, granted to William Penn in the year 1682, or as recited by the Commissioners aforesaid, continue to be the boundary or partition line between the two said States from the Delaware River aforesaid to the said point of inter- section with the said Line of Cession ; Provided, that wherever upon said line the locations of any of the monuments or posts erected by the said Commissioners in 1786 and 1787 have been lost and cannot otherwise be definitely fixed, then and in that case, and in every case where it is required to establish intervening points in said line, a straight line drawn between the nearest adjacent monu- ments whose localities are ascertained, shall be understood to be and shall be, the true Boundary line. Third. The Line of Cession, described as a meridian line drawn from the f orty-fifth degree of North latitude, South through the most westerly bent or inclination of Lake Ontario, in the Deed of Cession to the United States of certain territory claimed by the State of New York, lying West of said line, executed 1 March 1781, by James Duane, William Ployd, and Alexander McDougall, Delegates in Congress of said United States from the said State of New York, in pursuance of an Act of the Legislature of said State, entitled, “ An Act to facilitate the Completion of the Articles of Confederation and perpetual Union among the United States of America,” passed 19 February, 1780, which said territory was afterward conveyed by the United States aforesaid to, and became a part of the territory and jurisdiction of, the said Commonwealth of Pennsylvania, as the said line was surveyed and marked with posts and monuments of stone in the year 1790, by Andrew Ellicott, who was duly appointed for that purpose by the President of the United States, in pursuance of a resolution of Congress passed 19 August, 1789, which said line, and its prolongation due North into the waters of Lake Erie until it intersects the Northern Boundary of the United States aforesaid, have since been acknowledged and recognized by the said two States, as a part of the limit of their respective territory and jurisdiction, shall notwithstanding any possible want of conformity to the verbal description thereof as contained in said Deed of Cession, continue to be the boundary or partition line between the two said States, so far as said line so surveyed and marked in 1790, shall extend. Fourth. The monumental marks by which the said Boundary line, except such portions thereof as may lie within the waters of the Delaware River and Lake Erie, shall hereafter be known and recog- nized, are hereby declared to be: I. The original monuments of stone erected in the years 1786 and 1787, by the Commissioners aforesaid, and in the year 1790, by Andrew Ellicott aforesaid, as the same have been restored and re- established in their original positions, or have been replaced by gran- ite monuments erected in the years 1881, 1882, 1883, 1884, and 1885 by H. Wadsworth Clarke, Surveyor on the part of the State of 28 [Senate New York, and Christopher M. Gere, Surveyor on the part of Penn- sylvania, duly appointed by the parties hereto. II. The new monuments of granite erected in the years 1881 to 1885 inclusive, by the aforesaid surveyors at intervals of one mile, more or less, and numbered consecutively, along said line originally surveyed and marked in the years 1786 and 1787, beginning from the Delaware River ; and severally marked on the north side with the letters “N. Y.,” and on the South side with the letters “PA,” and along said line originally surveyed and marked in the year 1790, beginning at the shore of Lake Erie, and severally marked on the east side with the letters “ N. Y.” and on the West side with the letters “PA” III. The new monuments of granite erected by the said surveyors, in the years 1881 to 1885 inclusive aforesaid, at intervening points on said line, and at its intersection with public roads, railroads, and rivers, and at other points, and severally marked on the one side with the letters “ N. Y.” and on the other side with the letters “ PA.” IY. A large monument of granite, erected in the year 1884, by the said Surveyors, 600 feet West of the center of the Delaware River in the said line originally fixed in the year 1786, to mark its eastern terminus : A large monument of granite, erected in the year 1884, by the said Surveyors in the said line or Meridian Boundary as originally fixed in the year 1790, 100 feet north from its intersection with the line originally surveyed as aforesaid in the year 1787, which said point of intersection is marked by a small monument of granite buried in the center of the highway in 1884 by the said Surveyors ; and also a large monument of granite, erected in the year 1869, by John Y. L. Pruyn, George R. Perkins, Samuel B. Woolworth, and George W. Patterson, on the part of the State of New York, and William Evans, on the part of the State of Pennsylvania, 440 feet south of the original monument, erected in the year 1790, by Andrew Ellicott aforesaid, upon the South shore of Lake Erie, in the line originally surveyed and marked by him, as aforesaid. Fifth. The field-book of said Surveyors, containing the notes of the re-surveys along said line in the years 1877, 1878, and 1879 ; also the u Record of Monuments ’’prepared by said Surveyors, containing the descriptions of the locations of the several monuments erected by them, and of the witness marks thereto. Also the Maps of said line, and the vicinity thereof, showing the locations of said monu- ments ; and also the “ Diary of Operations ” of said Surveyors, under the direction of the parties hereto ; the same having been duly authen- ticated by the signatures of the said Surveyors. And the several documents and books of record, containing the transactions of the parties hereto ; all of which being placed on file in the office of the Secretary of State of New York, and the office of the Secretary of Internal Affairs of Pennsylvania shall constitute the permanent and No. 71.] 29 authentic records of said Boundary line and are hereby adopted by the parties hereto ; and made a part of this agreement. Sixth. This Agreement shall become binding upon the two States when ratified by the Legislatures thereof respectively; and when con- firmed by the Congress of the United States. In Witness whereof, the said Commissioners have hereunto set their hands and seals, in duplicate, the Twenty-sixth day of March 1886 aforesaid. Executed in the presence of W itnesses. As to Henry R. Pierson, Edward I. Devlin, As to E. W. Leavenworth, H. W. Clarke, As to Chauncey M. Depew, Edward I. Devlin, As to C. M. Gere, A. D. Birchard, As to Robert N. Torrey, Andrew Thompson, j- H E. PIERSON, | E. W. LEX VEN W ORTH, | CHAUNCEY M. DEPEW, Ic. M. GERE, [• ROBERT N. TORREY. Conclusion. The commissioners of New York have prepared to be filed along with the evidence of the ratification of the agreement by the two States and of its approval by the Congress of the United States whenever it shall be received, the following documents, which con- stitute permanent and authentic records of the boundary, viz. : 1. The duplicate original copy of the agreement signed by the several commissioners. 2. The duplicate original books of the surveyors, containing the de- scriptions of the locations of the several monuments erected by them and of the witness-marks thereto. 3. The duplicate original report made by the surveyors, contain- ing the account of their work in ascertaining and marking said line. 4. The duplicate original topographical map of the boundary line and vicinity. 5. The duplicate original minutes of the commissioners of the two States in joint session. 6. A volume in manuscript, containing a complete record of all transactions connected with the work of ascertaining and re-mark- ing the boundary line. The commissioners have great satisfaction in thus reporting the entire completion of the work intrusted to them upon this bound- ary. They desire to testify to the admirable spirit of cordiality and 30 [Senate, No. 71.] harmony with which the commissioners of Pennsylvania have co- operated with them in this work. There has been entire agreement between the commissioners of the two States, not only in relation to the general principles by which they were to be guided, but also in all their discussions per- taining to the details of their work. It is believed that the monuments with which the line has been marked are of so durable a character, and have been so substantially set, that they are not likely to require to be re-set in a- very long period. The imperfect and comparatively perishable monuments set in 1786 and 1787 have served to preserve the line for nearly a century. We may fairly expect that the more substantial and indestructible monuments with which it has now been marked will continue for a much longer period. Even if the monuments projecting above the ground shall be destroyed or moved, it will always be possible, from the full and carefully recorded descriptions of the points, and from the underground marks which are entirely indestructible, to find and verify these points, even after the lapse of centuries. Respectfully submitted, R. R. PIERSON, E. W. LEAVENWORTH, C. M. DEPEW, Commissio7iers of New York. SURVEYOR’S FINAL REPORT. Surveyor’s Preliminary Letter. To tl\e Joint Boundary Commission of the [States of JVew Fork and Pennsylvania : Gentlemen — I have the honor to submit herewith a final report of the operations upon the Boundary line between JS T ew York and Pennsylvania under your direction. In the preparation of this report I have treated of the history of the Boundary quite in detail, and of the various surveys by which it was established and by which it has been affected, before the com- mencement of the work w T hich has just been completed. The Parallel and Meridian Boundaries have been taken up sepa- rately in the report as they were established at different dates, under different authority, ^nd their histories are almost entirely without connection. The work upon the reconnaissance and upon the final adjustment and permanent marking of the line, under your direction, are also given quite minutely. The preparation of the report has involved a large amount of careful investigation, personal and by correspondence, and I have en- deavored to present all the proceedings connected with the history of this important Boundary with as nearly absolute accuracy as possible. Annexed to the report are several appendices, including matters intimately connected with the subject-matter of the report itself. Among them a re, first, abstracts from the official records which have been prepared to be deposited in the proper offices in Albany and Harrisburg ; second , abstracts from the field-notes of original sur- veys along and adjacent to the Boundary, to which frequent recourse was liadduringthe progress of the work under the Joint Commission, and to which frequent reference is made in the report and records ; third , historical sketches of transactions since the Boundary was estab- lished, which form pendants to the preliminary history of the line. Appendices B, C, D, and E, especially, are intended as digests of the official records, which it is important should be published for the general information of the public. Appendix N contains transcripts of the official maps, upon a re- duced scale, showing the locations of all the monuments. 32 [Senate The various laws of both States relating to the re-survey of the Boundary under which the Joint Commission has been acting are embodied in Appendix A. Accompanying the report are the following documents, etc., which have been prepared in duplicate as the official record of the operations of the Joint Commission, to be deposited in the offices of the Secretary of State, in Albany, New York, and of the Secretary of Internal Affairs in Harrisburg, Pennsylvania : I. A field-book of the reconnaissance, with memoranda of the various monuments. II. A “ Record of Monuments,” classified by counties, giving wiinute descriptions of all the new monuments and their locations, with data for their ready identification. III. A series of maps, by counties, showing the location of the new monuments. IY. And a “ Diary of Operations ” from 1877 to the present time. I earnestly recommend that extracts from the “ Record of Monu- ments,” and transcripts from the maps, be also filed in the office of the county clerk or register of each county, adjoining the Boundary, in each State, each extract and transcript not necessarily exhibit- ing more of the Boundary than is adjacent to the county to which it relates. These records and maps will then become accessible to that portion of the public more immediately interested. I would further recommend that the monuments be, by legislative act, placed under the official inspection, supervision and care of the highway officials of the various towns, upon the boundaries of which they stand, with suitable regulations and penalties. In closing I must acknowledge the courtesy of innumerable gentlemen in various localities in both States, accorded me as the representative of the Joint Commission, in responding to requests for information, and in affording me opportunities of examining field- books, maps and other documents ; and it would seem invidious to name some without enumerating all of them, which would be almost impossible. Several gentlemen, however, residing in localities adja- cent to the line, took especial personal interest in our operations, spending considerable time upon the line with the party, furnishing copies of original field-notes and maps, or loaning valuable papers. Among these I cannot refrain from referring to Mr. M. R. Hulse of Deposit, N. Y., Hon. W. F. Warner of Waverly, N. Y., Z. F. Walker, Esq., of Athens, Penn., Robert King, Esq., of Smethport, Penn., Hon. O. D. Ilincklev of Clymer, N. Y., George Platt, Esq., of Girard, Penn., and W. A. Crosbv, Esq., of Coudersport, Penn. I must not omit the late Jacob Fatzinger, Jr., of Weaversville, Northampton county, Penn., in whose hands Col. Gere and myself found George Palmer’s surveys made near the Initial Point more than a hundred years ago. Since Mr. Fatzinger’s death his large and valuable collection of papers has been deposited with the His- torical Society of Pennsylvania, in Philadelphia. No. 71.] 33 The gentlemen in charge of the land offices of the various large estates in western New- York and Pennsylvania have always readily complied with every request for information. My correspondence during the entire time has been quite extensive, and, with but one or two exceptions, it has met with courteous responses. Nor can I let this opportunity pass without acknowledging my great indebtedness to Commissioner Gere, who has acted as surveyor on the part of Pennsylvania. And I have to thank the other gentlemen of the Joint Commis- sion for the confidence which has been reposed in me during all these years, and for the uniform courtesy with which I have been treated. It is greatly to be regretted that Col. James Worrall, the chair- man of the Joint Commission, was not spared to see the completion of a work in which he took such an absorbing personal interest. The following abstract gives in a general way the contents of the report and appendices. Respectfully submitted. H. W. CLARKE, Civil Engineer. Syracuse, N. Y., 1 December , 1885. I concur in the accompanying report. C. M. GERE. Montrose, Penn., 1 December , 1885. [Sen. Doc. No. 71.J 5 34 [Senate ABSTRACT OF CONTENTS OF REPORT. Preliminary. Parallel Boundary. Early History. Grants to the Duke of York and William Penn. Jealousy of the New Yorkers toward the Proprietaries of Penn- sylvania. South Boundary of New York. Early maps exhibiting the Boundary. Ambiguity in William Penn’s Charter. Pennsylvania’s claims north of the parallel of forty-two degrees. Indian treaty of 1768. The Proprietaries ask to have their boundaries fixed. Joint action of the Colonies and establishment of the Initial Point. Action of the States preliminary to a resumption of the survey. Independent surveys for the location of lands. Survey of 1786-7. Details of operations and incidents in 1786-7. Original monuments. Confirmation by statute. Error in Revised Statutes of New York. Early land surveys adjacent to the Boundary. Recent ex parte official examinations of portions of the Boundary. Joint reconnaissance of 1877-9. Astronomical observations by the United States Coast and Geodetic Survey; and operations of the New York State Survey. Initial Point : Its probable position. Condition of the Boundary as developed by the reconnaissance. Discussion by the Commissioners of the proper method of adjustment. The new monuments and final adjustment: Operations of 1881-4. Adjustment. Meridian Boundary, Preliminary historical sketch. Original surveys. Original monuments. Reconnaissance of 1878. Initial monument of 1869. Final adjustment ; setting of monuments. Appendix. A. Laws relating to re-survey of the Boundary. AA. Instructions to Messrs. Gere and Clarke. B. Schedule cf Monuments, with description of locations. 35 No. 71.] C. Table of Angular Deflections. D. Astronomical Stations; and results of observations. E. County and town corners. F. Names of Commissioners ; and persons connected with the survey, 1877-1885. G. George Palmer’s papers and surveys : I. Commission as Deputy Surveyor. II. Survey of the Delaware river up to the Initial Point. III. 44 Journal up Delaware” in 1784, and notes of sur- vey from the Delaware to the Susquehanna. IV. Drake and Delong’s 44 Journal up Susquehanna and across to Delaware,” June, 1784. V. Letter from Surveyor-General Lukens. VI. Extracts from field -notes of Warrant surveys. H. Holland Land Company’s surveys: I. Description of the marks upon posts and witness trees. II. Extracts from Augustus Porter’s Field Book (No. 2). III. Extract from Seth Pease’s traverse of the shore of Lake Erie. IV-IX. Record of surveys of south line of Ranges 1 to 6. X. Record of survey of south end of 44 Willink Strip.” XI-XVIII. Record of surveys of south line of Ranges 7 to 14. XIX. Record of surveys of south and west lines of Range 15. J. Resurvevs of the Keating lands in Pennsylvania. K. Representation of New York and Pennsylvania on ancient maps. L. Disputes with Connecticut and Massachusetts. I. The Massachusetts claim against New York. II. The Connecticut claim against Pennsylvania. III. The 44 Connecticut Gore ” in New York. M. Erie Triangle. N. Maps of the Boundary line. Sketches Illustrating the Report. No. 1. Copy of an ancient map showing the Boundary line at 43°. No. 2. Rittenhouse and Holland’s sketch of the Initial Point, 1774. No. 3. Sketch of George Palmer’s survey between the Delaware and Susquehanna rivers, 1784. No. 4. Relative position of Palmer’s line and the present boundary. No. 5. Interference of Donation Lands at the west end of the Boundary. No. (>. Eighth Latitude Stone. No. 7. Delaware river near the Initial Point, 1885. No. 8. Irregularities in the Boundary between milestones 135 and 159. No. 9. Initial monument set 1884. No. 10. Showing the adjustment of the second section. No. 11. Showing the irregularities between milestones 86 and 95. 36 [Senate, No. 12. Showing the irregularities in the vicinity of milestones 115 and 119. No. 13. Showing the angles in the Boundary in the vicinity of the Seventh Latitude Stone (milestone 167 it)- No. 14. Showing the adjustment of the Boundary west of milestone 208. No. 15. Adjustment of south end of Meridian Boundary. Appendix N contains reduced copies of the official maps, showing the locations of all the new monuments. No. 71.] 37 PRELIMINARY. The work upon which we have been engaged for several years past undoubtedly grew out of the report submitted by Dr. C. H. F. Peters, director of the Litchfield Observatory at Hamilton Col- lege, to the Regents of the University in 1866. Dr. Peters, under the direction of the Regents, had previously visited several points in the State for the purpose of making astronomical observations for latitude and longitude. One of these points was the northern ex- tremity of the Meridian Boundary, on the shore of Lake Erie in 1865. In his report to the Regents giving the results of his observations, referring to the original monument which marked the initial point of this boundary, he says: “ This important monument is now in very bad condition. What remains of it consists of a slab four inches thick, two feet in length, and reaching about one foot above the ground with its longer faces placed parallel to the meridian. The upper portion, which once contained the inscription, is evidently cut off by wilful destruction. But a greater danger even is threatening these remnants by the inroad of the Lake. Squire Mann, who formerly owned the adjacent lot, and to whom I am indebted for much valuable information about the locality, stated that within his recollection the distance from the stone to the edge of the bluff upon which it stands, was several rods, while now it is only seven feet A It must be ex- pected therefore, that within a few years the site of the stone will become a prey of the waves, and it seems desirable that a new and durable monument, more inland, be erected to mark the partition be- tween the two great States.”f “In the year 1857, an appropriation was made by the Legislature to the Regents, which was continued and renewed in 1858 to de- fray the expenses of ascertaining the true meridian of such impor- tant locality or localities as the Board should prescribe. “ In this State, the longitude of only one point, the private ob- servatory of Mr. Rutherford, at the corner of Second Avenue and Eleventh Street in the city of New York, had been thus deter- mined § prior to the year 1857 “ Desirous to bring to the w r ork committed to them the highest accuracy and the best practical skill, the Regents accepted a propo- * Holland Land Company Surveyors placed a stake in 1798, 39 links north of the monument. In 1878 the site of the monument was in the edge of the bluff, the monument itself had dropped off. f Assembly Documents, 1866, No. 161. fThe appropriation of 1858, was “ for the purpose of continuing the determina- tion of longitude ” under the law of the preceding year. §The method adopted in the Coast Survey determinations is referred to. 38 [Senate sition from the Trustees of the Dudley Observatory to determine the longitude of that Institution, it being understood that the work should proceed with the aid and under the direction of the Scien- tific Council of that Observatory of which Professor Bache, Super- intendent of the Coast Survey, was a member. * * * “ The Regents afterwards accepted a proposition from the Trustees of Hamilton College, first to determine the longitude of their recently erected Observatory, and then that of several other import- ant points in the State. Under these arrangements, the means placed at the disposal of the Regents have sufficed to determine the longitude of seven points, to-wit : — Dudley Observatory, Hamilton College Observatory, Syracuse, Buffalo, Elmira, Ogdensburgh, and the first or most northerly monument on the western Boundary of the State “ Though the Legislature directed the determination of longitudes only, the Regents have also had the corresponding latitudes ascer- tained in the case of Syracuse, Buffalo, Ogdensburgh, and the first monument of the western boundary. The latitude of each of the other stations had been previously ascertained.” * In a communication to the Legislature 15th April, 1867, referring to the report transmitting Dr. Peters’ report, the Regents close by saying : 4 4 During the past year, the Regents have taken some pains to ascertain, by correspondence, the condition of the monument origi- nally erected at the intersection of the southern and western bound- aries of the State, and they are informed that the site of this monument is at or near the center of a highway with no visible mark to denote its position. It is quite probable that many of the milestones and other landmarks originally placed upon the bounda- ries of the State are becoming obliterated, and the Regents, there- fore, suggest the propriety of such an appropriation by the Legis- lature as may enable them to ascertain the facts in relation to such monuments, and to meet the necessary expenses of collecting such historic material as may be needed for the preparation of an account of the several boundaries of the State, as before suggested.” And soon after, the Legislature by resolution of the Senate au- thorized the Regents 44 to cause an examination to be instituted as to the condition and true location of the monuments which mark the several boundaries of the State, and to ascertain whether any and what action may be needed to preserve or renew them ; and also to procure and put in form such historical information in regard to the said boundaries as they may deem to be of interest, at an expense in the whole, not to exceed three thousand dollars, and to report their proceedings under this resolution to the Legislature.” In pursuance of these instructions the Regents, by correspondence carried on through their indefatigable Assistant Secretary, the late Dr. D. J. Pratt, endeavored to ascertain the condition of the monu- *N. Y. Senate Doc., 1862, No. 95, p. 5- No. 71.] 39 ments along this Boundary, and to obtain, so far as possible, such notes or documents from public or private sources as would in any manner throw light upon its history or upon the original surveys. The result of this correspondence is embodied in New York Senate Document No. 108 (1873), at pages 341, etc. The efforts of Dr. Pratt to ascertain the condition of the monuments along the line were in a great measure futile, the officials of but one county, Chautauqua, taking interest enough in the subject to co-operate with the Regents in the investigation. A new granite monument was placed near the northern extremity of the Meridian Boundary in 1869, and with this the subject rested until the winter of 1875, when the Regents of the University were again charged by chapter 424 of the Laws of 1875 with the duty of “ an examination as to the true location of the monuments which mark the several boundaries of the State.” The execution of this duty was intrusted by the Board of Regents to a committee consisting of Chancellor J. V. L. Pruyn, Hon. Henry R. Pierson, and Professor George R. Perkins. Mr. Perkins died soon after, and the vacancy was filled by the appointment of Hon. Chauncev M. Depew. Afterward, upon the death of of Chan- cellor Pruyn, General E. W. Leavenworth was placed upon the com- mission. The co-operation of Pennsylvania was obtained through an act of the Legislature in 1876, requiring the Governor to appoint a com- mission to act in conjunction with the New York commission. Governor Ilartranft designated as commissioners Colonel James Worrall of Harrisburg, Colonel C. M. Gere of Montrose, and Cap- tain Robert N. Torrey of Honesdalc. * ** The two commissions met in New York city in May, 1877, and organized as a Joint Commission, with Colonel James Worrall as chairman, and the late Dr. Samuel B. Wool worth as secretary, and decided upon a thorough reconnaissance of the Boundary. Early in June, I was requested to take charge of the survey on the part of New York, and upon the 19th of that month the reconnais- sance was commenced near the Delaware river, Commissioner Gere acting as surveyor on the part of Pennsylvania. This reconnaissance or preliminary survey was not completed until October, 1879. De- tailed reports of progress were transmitted to the commissioners, and were published in New York Assembly Documents No. 49 of 1878, No. 91 of 1879, and No. 100 of 1880, and in the reports of the Secretary of Internal Affairs of Pennsylvania for 1877-8-9 and 1880. Before entering upon the discussion of the Boundary as it was found upon the reconnaissance, it is worth while to review the his- tory of the establishment of the line, and the various early surveys connected with it. * Colonel Worrall died April 1st, 1885. The vacancy caused by his death was not filled. 40 [Senate PARALLEL BOUNDARY. Early History — Grants to the Duke of York and William Penn. The first grant of lands to the Duke of York in 1664 covered an indefinite amount of territory extending along the ocean from the St. Croix river to a certain place called Peinaquid, and from the west side of the Connecticut river to the east side of Delaware bay, in- cluding the “ River called Hudson’s River,” and all the islands lying south of Massachusetts, Rhode Island and Connecticut. Its extent inland was not limited. The inference is that the grant was intended to extend westward to the “ South Sea” in the same manner as granted to the colonies of Massachusetts and Connecticut.'* That part of the grant included in the following words : “Together alsoe with the said River called Hudson's River and all the land from the west side of Connectecutte River to the East side of De la Ware Bay,” interfered with the previous grants to Massachusetts and Con- necticut. These interferences were settled after the Revolution in a manner which may be referred to farther on. (See Appendix L.) This grant to the Duke of York was confirmed by a new patent, 29th June, 1664. On the same day the Duke of York released the Province (now State) of New Jersey to John Lord Berkeley and Sir George Carteret. The Charter to William Penn, of the Province of Pennsylvania, was granted 4th March 1681, by Charles the Second. The boundaries • are more definitely described than those in the charter to the Duke of York and are as follows: “ All that Tract or parte of land in America with all the Islands therein conteyned as the same is bounded on the East by Delaware River, from twelve miles distance Northwards of New Castle Towne vnto the three and fortieth degree of Northerne Latitude if the said River doeth extend soe farre Northwards But if the said River shall not extend soe farre Northward, then by the said River soe farr as it doth extend and from the head of the said River the Easterne Bounds are to bee determined by a Meridian Line to bee drawnefrom the head of the said River vnto the said three and fortieth degree. The said lands to extend westwards five degrees in longitude to bee computed from the said Easterne Bounds and the said lands to bee bounded on the North by the beginning of the three and fortieth degree of Northern Latitude” Although the description of the boundaries of the Province con- tained in this charter are quite definite, there is still an apparent am- *The King, eighteen years afterward, by liis grant to Penn, practically made the Delaware river the western limit of the Province of New York. No. 71.] ttl biguity which somewhat confused the ideas of high officials of the Province years afterward, as to the real extent of its territory toward the north. This discrepancy will be referred to hereafter. The Duke of York surrendered any claim he might have over this territory by a deed to Penn, 31 August, 1682. It was a shrewd move on the part of Penn to require this quit-claim from the Duke of York. 11 is charter being prior to Penn’s, and the boundaries described therein not being very clear, simply specifying a certain frontage upon the ocean, as the grants in those days were generally made, his domain might be construed to reach to the “ South Sea,” which would have covered all the lands granted to Penn. The Con- necticut claim under this construction of its charter was not settled until after the Revolution. (See II, Appendix L.) Thus more than ninety years before any attempt was made to fix the boundary between the Provinces upon the ground, the northern boundary of Pennsylvania ^vas defined, and the Duke of York, by his release, accepted it as the southern boundary of the Province of New York. Jealousy of the New Yorkers toward the Proprietaries of Pennsylvania. Before the creation of the Province of Pennsylvania, the mer- chants and traders of New York had found the wilderness adjacent to the Delaware and Susquehanna rivers a prolific source of profit, and the separation of so large a portion of it, and the diversion of its Indian traffic to a very thrifty rival city, was taken quite to heart by them; and the shrinkage in the New York trade seems to have been likely to affect the ducal revenue, for we find that Sir John Werden, secretary to the Duke of York, wrote 10 March, 1684, to Governor Dongan, who had been commissioned about six months after the patent was issued to Penn, as follows: “ The Comm rs are unanimous in it, that noe lands beyond the bounds of E. and West Jersey (betwixt the Rivers) ought to be sepa- rated from yo r governem t upon any termes, and y k you should use great care to hinder M r Pen and the inhabit ts of both Jerseys from obstructing y e Peltry trade of New York, and y* in ord r to y s you should prevent all you can the uniteing of any part of either Jersey with M r Pen (who as you observe) is very intent on his owne inter- est in those parts.”* And again, 27 August following, he writes: “ Touching Susque- hannah River or lands ab l it or trade in it, w ch the Indians convey to you or invite you to, we thinke you will doe well to preserve yo r in- terest there as much as possible that soe nothing more may goe away to M r Penn or ether New Jerseys. For it is apparent they are apt enough to stretch their priviledges as well as the people of New England have beene.”f f N. Y. Col. Hist., iii, 350. * X. Y. Col. Hist., iii, 341. [Sen. Doc. No. 71.] 6 42 [Senate The agents of the Duke of York seem to have been very appre- hensive that Mr. Penn desired to control the traffic of the entire Susquehanna valley, as well as to get possession of the territory which embraced it. The Onondaga and Cayuga Indians, whose hunting grounds would have been included in the limits of Penn’s Province, as Governor Hamilton claimed them seventy years after- ward, seem to have preferred to remain under the patronage of their New York friends. In August, 1684, they made the following propositions to Governor Effingham, of Virginia, and Governor Don- gan, of New York: “ Wee have putt all our land and our seifs under the Protection of the great Duke of York, the brother of your great Sacliim ; we have given the Susquehanne River which we wonn with the sword to this Government and will not that any of your Penns people shall settle upon the Susquehanne River; That we do putt the Susquehanne River above the Wasbinta or falls and all the rest of our land under the great Duke of York and to no body else. “ And you great man of Virginia, meaning the Lord Effingham Govern 1, of Virginia, We let you know that Great Penn did speak to us here in Corlaer’s house by his Agents, and desired to buy the Susquehanne River, but we would not hearken to him nor come under His Government ” Meanwhile Charles I, who had granted Penn his charter, died, and the Duke of York himself became king. The attack on Penn’s privileges was renewed upon recommendation of the Lords of Trade in a report to the king dated 15 July, 1685, in which they state: “ Wee have also received a Lre from y e Mayor Aldermen & principal Officers of y e Citty of New York dated y e 13 th of May last setting forth that since yo r Ma ty hath been pleased to p r mit Delaware & y e two Jerseys to be separated from y e Gov mt of New York that City hath extreamly suffered by the loss of at least one third p fc of its Trade & hath ever since much decayed in the number of Inhabitants Rents & Buildings And that yo r Ma ts Revenue doth likewise suffer thereby whereupon wee likewise offer o r opinions that yo r Ma ts Attorney Grail, may have directions to con- sider the several Grants and Proprietyes of East & West New Jer- sey & of Delaware aforemericoned & to enter y e like writs of Quo Warranto against y e respective Proprietors if he shall find cause it being of very great & growing prejudice to yo r Ma ts affaires in y e plantacon & to yo r Customs here that such independent Govern- ments be kept up and maintained w th out a nearer & more Ime- diate Dependance on yo r Ma ty .”f The King approved the recommendation and directed the Attor- *N. Y. Col. Hist., iii, 417-8. See, also, Indian Deeds, Idem, iv, 908-911, and V, 800-1. f N. Y. Col. Hist., iii, 362. No. 71.] 43 ney-General to enter the writs, and the next April the Attorney- General was further directed to renew the writs and to prosecute them to effect. Governor Dongan was re-commissioned and, in a long report to the Lords of Trade, dated 22 February, 1687, he took up the sub- ject of the encroachments of Penn’s agents as follows : u Further if Pensylvania bee continued as by Charter running five degrees to the Westward it will take in the most of the five Na- tions that lye to the West ward of Albany, and the whole Beaver & Peltry Trade of that Place, the consequence whereof will bee the De- population of this Gov era nP for the people must follow the Trade. Those Indians & the people of this Government have been in continued peace & amity one with another these fifty years. And those Indians about forty years agoe did annex their Lands to this Govern np & have ever since constantly renewed the same with every Governor that has been here both in the time of the Dutch & the English & in particular to myself w T ho have given them largely in consideration of their lands. And I am certainly informed, that they have declared they will goe and live on y e other side of the lake than bee under any other Go verm 1 on this than ours. En deavors have been used (tho to noe purpose) to p r suade some of our Traders who speak the language to goe and live upon the Susque- hanna River tho I cannot find out yet by whom this has been made “ I cannot beleive that ever it was the Kings intention to grant away soe considerable a part of this government which has been so long appropriated to it & even the people think it as a part of them- selves and would be much troubled at a separation from soe good and ancient neighbours that at first of their own free wills became soe and have ever since continued with such constancy to desire and maintain a mutual friendship and correspondence. If therefore his Mat 7 were pleased to have a line run from 41 d and 40 m in Delaware River to the Falls upon the Susquehanna,* and to let M r Pen keep all below that it would be sufficient for him the bounds below it being conjectured to contain more than all England besides the lower Countys which is near upon 100. miles from the Cape up the River ; And in breadth more than thirty miles, as is generally beleeved “ To preserve the Beaver & Peltry Trade for this and Albany, and to bee an encouragement to Our Beever Hunters I desire I may have order to erect a Campagne Fort upon Delaware in 41 d 40 m ; another upon the Susquehanna where his Mat 7 shall think fit M r Pens bounds shall terminate “ I send a Map by M r Spragg whereby your Lo p8 may see the sev- eral Goverm 19 &c how they lye “ For the Longitude, Latitude, and contents of this Government I refer yo r Lo ps to the afore mentioned Map, wherein you will see in what narrow Bounds wee are cooped up * Wyalusing Falls (?), Bradford Co., Penn. u [Senate “ The Land of this Governm* is generally barren rocky land, ex- cept the Land wee have right to on the Susquehanna-River & up into the Country amongst our Indians where there are great quanti- ties very good * Governor Dongan soon afterward wrote to the King : — “ M r Penn hath written that I was to be called home and I doe not doubt but would do all hee can to effect it, having noe great kindness for mee, because I did not consent to his having Susquehannah River.” f Mr. Penn was too enterprising a neighbor for the New York people who had had a monopoly of the Indian trade before his ad- vent, and the mayor and common council of the city took up the matter and sent a “ humble address’’ to the King in which they ac- knowledge, “late favours in recommending to Yo r Majestys Captain General of this Province the preservation of all the ancient rights & Priviledges of this Yo r Ma tys Citty in the Management of Trade which of late years hath much decreased thro’ the impetuous en- croachments of Our Neighbours the Inhabitants of East and West Jersey, Pensil vania & Conecticut.” After complimenting the en- deavors of the Governor, they say : “A particular Accompt whereof your Ma ty will find fully expressed in an address unto Yo r Ma ty from Your Ma tys Captain General & Council of this Your Ma ty ’ s Province, And alsoe fully delineated in a Mapp which his Ex cie hath with much labor & charge accomplished to give Your Ma ty a true information of the state of this province to which wee humbly referr Your Ma ty and doubt not but that it will bring Your Ma ty into the con- sideration of the absolute necessity there is that those adjacent parts of Connecticut East and West Jersey, Pensilvania, or at least soe far of Pensilvania as extends from the Falls of Susquehannah, should be united to this Yo r Ma ly ’ s Province.” j: April 7, 1688, Governor Dongan was superseded by Sir Edmund Andros, who was commissioned Captain -General and Governor-in- Chief over the British Dominions between the St. Croix river and latitude JO, “our province of Pensilvania and country of Delaware only excepted.” § This was apparently the only answer to Dongan' s scheme to annex the Susquehanna river and northern Pennsylvania. Less than a year afterward King James ran away to France, and William and Mary reigned in his stead. The agitation against Penn was again renewed, and upon 6 August, 1691, the Governor (now Richard Ingoldsby) and Council presented a long address to the new sovereigns, in which they say among other things: “These incon- veniences of Connecticut^, East and West Jersey are not only preju- dicial! to Yo f Maj tys intrest, but also the pretences of William Penn* Esq r to the 3 lower Countys on Delaware River and to the Susque- hanna River are equally, if not more, injurious to Your Maj ty and particularly in this respect. Susquehanna River is seituate in the midlo of the Sinnekes country, which they gave unto Your Maj- * N. Y. Col. Hist., iii, 393-4-5-G-7. IN. Y. Col. Hist” iii, 424-5. f N. Y. Col. Hist., iii, 422. § Idem, iii, 543, etc. No. 71.] 45 estys crowne and hath belonged as an appendix to this Your Maj tiea governm 1 many yeares before M r . Penn had his pattent. Notwith- standing thereof M r . Penn endevors to disturb Your Majesty in the peaceable and quiett possession of the premises ; endeavouring to tempt the Indians to sell it again to him, by that means not only to dispossess Your Majesty of your antient rights but also to pervert and draw away the trade of the Indians to his Province ; which will be an irreparable loss to Your Majesty, all the Nations with whome Albany hath their trade liveing at 4he head of the Susque- hanna River. So the revenue of 10 p r Cent, the impost upon pow- der, lead, alumn and furrs, quite lost, and if M r . Penn should attain his pretences to the Susquehanna River, it will not only destroy the best branch of Your Maj ties revenue, but it will likewise depopu- late Y r our Province, the inhabitants of Albany haveing only seated them selves there and addicted their minds to the Indian language and the misteries of the said trade, w r ith purpose to manage it, that if it should be diverted from that ohannell, they must follow it, haveing no other w T ay or art to gett a livelyhood.”* A dire calamity to befall the future Capital. Further on they say, “ by all which Your Majesty may perceive that the pretences of M r . Penn to the Susquehanna River are very injurious to Your Maj ties right and revenue ; so that some care must be taken if Y"our Maj ty sees cause he shall remain a distiuct govern nfi that his line doth encroach upon Your Majesties right noe farther upon the Susquehanna River than the fall thereof ; otherwise its scituatiou being so near the Sinnekes In- dians, if planted by them, must of necessity divert the whole trade of Albany “ The premises considered we humbly presume and represent unto Your Most Sacred Majesty that there cann be no thing in America more conducive to Yo r Maj ties dignity and advantage and for the safety of Yo r Maj ties subjects upon this continent then that Con- necticut, East and West Jersey, Pennsilvania and 3 Lower Countys be re-annexed to this Yo r Maj Ues Province which then will be a gov- ern m 1 of sufficient extent.” j* That such representations as these seem to have had some weight in the mind of William III, is shown by the fact that 2L October, 1692, Benjamin Fletcher, who had already been commissioned Gov ernor of New York, was constituted Governor-in-chief of “ Pensil- vania and Countrey of New Castle and all the Territories and Tracts of Land depending in America. This appointment was upon the petition of Penn revoked 20 August, 1694." South Boundary of the Province of New York. Not until 1738, do we find the parallel described in Penn’s Char- ter as the northern boundary of Pennsylvania, mentioned as the *N. Y. Col. Hist., iii, 798. fN. Y. Col. Hist., iii, 799. \ N. Y. Col. Hist., iii, 861. 46 [Senate southern boundary of New York.* Cadwallader Colden, Surveyor- General, in a report to Lieutenant-Governor George Clarke, in answer to queries of the Lords of Trade, gives the boundaries of the Province as follows : “ From the 41 st degree of Latitude on Hudson’s River, it runs northwesterly to 41 degrees & 40 min of Latitude on the most northerly Branch of Delaware River, which falls near Cashiektunk, an Indian Settlement on a Branch of that River call’d the Fish kill. “ Thence it runs up that Branch of Delaware River till the 42 d de- gree of Latitude be compleated or to the Beginning of the 43 d de- gree, Pensylvania stretching along the w r est side of Delaware River, so far northward as to this parallel of Latitude. From the Begin- ning of the 43 d degree New York runs westerly, on a Parallel of Latitude, along the Bounds of Pensylvania to Lake Erie, or so far west as to comprehend the Country of the Five Rations “ The Boundaries between New York Province & the Provinces of New Jersey & Pensylvania are so well Described, in the Grants to the Proprietors of New Jersey & Pensylvania, that by deter- mining the proper Parallels of Latitude on Hudson & Delaware Rivers, the Boundaries between them may at any time be fixed with sufficient certainty. But as this has not hitherto been actually done, Disputes now in several parts subsist, between the Proprietors of the lands near the line, which is supposed to run between New York & New Jersey, from Hudson’s River to Delaware River. And it is probable the like Disputes will happen, between the Inhabitants of the Provinces of New York & Pensylvania, when the lands near the line Dividing them shall be settled.” f Governor George Clinton, in a report to the Board of Trade, 23 of May, 1749, describes the boundary of the Province of New York thus : “ 2nd. The province of New York is bounded by Hudson’s River on the West from the mouth of the said River to the latitude of 41 Degrees on that River, and then b} T a line running from thence to the latitude of 40 Degrees & 40 Minutes on Delaware River, Hud- son’s River and the aforesaid line being the boundaries between this Province & New Jersey from 41 Degrees 40 Minutes of latitude on Delaware to the beginning of the 43 Degrees, or to 42 Degrees corn- pleat. On the same River is the boundary between it & Pensyl- vania & from 42 Degrees compleat a parallel of Latitude divides it from Pensylvania as far as Pensylvania extends, or to the claims of the French of Louisiana. To the westward from hence & to the Northward no Boundaries setled between us and the French, & most probably will be determined by occupancy or Force. To the * The Lords of Trade and Plantations in an elaborate Representation to ilie King (George I) in 1721, in which among other things, the boundaries of each Colony are described in detail, bound New York. “Southwest by the province of New Jersey, Northwest by Delaware river.” (N. Y. Col. Hist., v, 600.) f N. Y. Doc. Hist. (4°) iv, 114—5 (From Colden’s MS.). The document as trans- mitted to the Lords of Trade is given in N. Y. Col. Hist., vi, 121, etc. No. 71. J 47 Eastward it is bounded by the New England Governtn 19 of New Hampshire, Massachusetts Bay and Connecticut to the sound be- tween the Main and Long Island, and to the Southward it is bounded by the Atlantick Ocean including Long Island. The Divid- ing line from Hudson’s River to Delaware is Disputed by the Pro- prietors of the Lands on each side of it. The occasion of the Dis- pute, so far as I understand it, arises only from private Interest in which his Maj s interest is little concerned any farther than that Jus- tice be done : the Boundary between this Province & Pensylvania is not ascertained upon the land, & this ought to be done to prevent disputes & Encroachments on his Majesty’s Lands.”* Douglass, a historian of North America of about the same period (1751-5), in describing the boundaries of the Province says : “Its W. line runs up Cataraqui river, and lake called generally lake Ontario, and terminates on lake Erie in north lat. 42 d. complete. From Oswego upon lake Ontario may be reck- oned the width of the government of New York, 220 miles, viz, due W.t from the lake 200 miles to Albany on Hudson’s river, and from Albany 20 miles due W.ftoto the west line of Massachusetts- Bay province. “ The southern line of the province of New-York is in several directions or flexures. 1. From lake Erie along the north or head- line of Pensylvania in lat. 42. to Delaware river. 2. Thence 20 miles down said river to the north divisional point of New-York and New-Jersies on said river in lat. 41 d. 40 m. 3. Thence in a streight line E. 42 d. S. to 41 d. lat. on Hudson’s river.” $ He had previously remarked§ “ Some of the New York Politi- cians say, that Their Line with Penn- sylvania is limited by Delaware River, and the Parallel of 43 D. N. Lat.” The New York politicians of those ancient days must most certainly have been more modest and self-sacrificing than their modern prototypes, to so readily waive their title to so broad a belt of the present territory of the State ! Early Maps Exhibiting the Boundary. These moderate New York politicians may have studied “ a Map of the British and French Dominions in North America, with the Roads, Distances, Limits, and Extent of the Settlements, by D r Jn°. Mitchell,’’! printed at Amsterdam [1755]. This is a large map of eastern America, compiled with considerable detail, and apparently carefully engraved. Upon the copy of the map in the New York State Library, the various Provinces are each tinted separately. The topo- graphical features are quite correctly laid down ; much more so than upon most of the maps of that early day. * N. Y. Col. Hist., vi, 508. \ Hist, of N. Amer., ii, 230. f [$&c] Should be E. § Idem, i, 16. || A sketch of Dr. John Mitchell may be found in N. Y. Col. Hist., viii, 437. 48 [Senate Upon tli is map the northern line of Pennsylvania is a meridian line from the head of the Delaware river north to the parallel of forty-three degrees, which it follows west a distance of five degrees of longitude, passing through the south end of Lake Genentaha (Onon- daga) and the outlet of Lake Erie. These boundaries include the whole of the Susquehanna river within the Province of Pennsyl- vania. This is undoubtedly the map referred to by Governor Tryon in his report upon the state and condition of the Province, dated 11 June, 1774, in which he describes the boundaries of New York, “ On the West Thence the Line established between New York and New Jersey to Delaware River. Thence the River Delaware to the North East Corner of Pensylvania or the Beginning of the latitude 43, which in Mitchel’s Map is by mis- take carried thro’ the whole of that degree — Thence the North Boundary Line of Pensylvania to the Northwest Corner of that Province ; and continuing the same line to a point in Lake Erie.”* A French transcript from this map was published in Paris in 1777. Lewis Evans’ map of 1749, which is also comparatively correctly drawn, exhibits the northern boundary of Pennsylvania, as following the parallel of forty-two degrees. An inspection of the maps of this section of the British Provinces published at various dates previous to the Revolution develops the fact that most of the map-makers of the period were inclined to Penn’s liberal construction of his charter, placing the northern boundary where it would include the entire Susquehanna valley. A list of many maps examined is given in appendix K. Sketch No. 1 is a copy of part of one of these, printed in full in volume viii of the New York Colonial History. It is annexed to the report and representation of the Board of Trade upon the state of Indian affairs, 7 March, 1708, exhibiting the boundary between the Colonists and the Indians, which had been agreed upon south of “ Owege,” on the Susquehanna river. Some of these maps are fine specimens of cartography, being very clearly engraved and printed ; and although the topography is very much distorted in some sections, a person can obtain from them a very good idea of the geography of the country in those early days. Ambiguity in William Penn’s Charter. In this connection I will refer to the apparent ambiguity in the description of the boundaries of the Province of Pennsylvania in the original charter. The eastern boundary is fixed in the Delaware river as far northward as the “ three and fortieth degree of North- erne Latitude,” or if the river should not extend far enough north * the eastern bounds were to be determined by a meridian drawn from the head of the river to the “ said three and fortieth degree.” But in describing the limit of the Province on the north, “the said lands to bee bounded on the north, by the beginning of the three and fortieth degree.” The apparent ambiguity arises from a possible misappre- * N. Y. Col. Hist., viii, 438. S>V^\Oc\ \ Qf'Tae. Cretan. . ■t>eaJ.4sI$*-'^f No. 71.] 40 hension of the intent of the scribe in the use of the expression “ three and fortieth degree.” The “ three and fortieth degree” un- doubtedly includes the space between the forty -second and forty- third parallels, and the phrases “ to the three and fortieth degree ” and “ to the beginning of ' the three and fortieth degree” — were probably intended to be synonymous, and to mean “ to the forty- second parallel.”* That Lieutenant-Governor Hamilton of Pennsyl- vania did not thus construe the meaning of the scribe, is evident from his letter quoted farther on. He apparently considered the u three and fortieth degree ” to mean the “ forty-third parallel.” Dr. Mitchell, the author of the map described above, evidently con- strued it thus, and in laying down the northern boundary, ignored the subsequent phrase which bounded the Province on the north by the “ beginning of the three and fortieth degree.” The fact that the head of the Delaware river is considerably north of the forty- second parallel may have helped in the misconstruction of the lan- guage of the grant. Surveyor-General Golden in his report quoted above, did not intend to be misconstrued when he said “ till the 42 d degree of Latitude be compleated or to the Beginning of the 43 d de- gree.” The claim of lands north of the “ beginning of the forty- third degree” was undoubtedly an outgrowth from the dispute be- tween Penn and Lord Baltimore over the south boundary of the Province, which is described in the charter thus: — -“And on the South, by a Circle drawne at twelve miles distance from New Castle Northward and Westwards vnto the beginningof the fortieth degree of Northerne Latitude and then by a streight Line westwards to the Limitt of Longitude above menconed.” Here the King’s limited knowledge of the geography of the country is especially displayed, as a circle drawn twelve miles from New Castle would not reach within half a degree of the “ beginning of the fortieth degree.” Beside this, Lord Baltimore’s grant included the entire “fortieth degree” which would include the city of Philadelphia. This dispute over the interference of the grants was finally settled in 1732, by the re- lease of the present State of Delaware to Penn by Lord Baltimore, and fixing the“ streight line westwards ” not upon the “ beginning of the fortieth degree,” but upon a parallel fifteen miles south of the City of Philadelphia, nearly three-fourths of a degree farther north. These lines were afterward run and made permanent in 1767, and were thenceforth known as “ Mason and Dixon’s Line” from the names of the surveyors. By this compromise the Proprietaries, while they lost a very material portion of the grant in area, gained what was more desirable, an extended water frontage.f *Tlie representation of the Lords of Trade, referred to in a previous note, states the boundaries of Pennsylvania thus “ the river Delaware on the east, unto 43 Degrees of Northern Latitude, & from thence a Meredian line run westward, which is to extend 5 Degrees in longitude.” (N. Y. Col. Hist., v, 603.) f In the deed of the final purchase from the Indians, of lands within the charter limits, in 1784, the north line, from the north-west corner, is described as “ a due east line, separating the forty-second and forty-third degrees of north latitude.” (Smith’s Laws, ii, 123.) [Sen. Doc. No. 71.] 7 50 [Senate Pennsylvania Claims North of the Parallel of Forty-two Degrees. As early as 1751, it seemed desirable to settle the boundary be- tween the Provinces, as we see from the letter of Governor Clinton to the Lords of Trade, 5 November, 1751 : “ As it is expected, that the Proprietaries of Pennsylvania may make application for an order, to put a stop to any grants of lands in this Province to the Northward boundary of Pennsylvania, 1 have thought it proper to enclose a copy of the Lieut 1 Gover r of Pennsylvania’s letter to me on that subject, together with the opinion of the Council of this Province thereon. “ I shall only add, that there is a large Tract of vacant Land in this Province to the Northward of Pennsylvania, and that any order to stop the grant thereof (till that Northern boundary be fixed) may be a prejudice to the peopling and cultivating of this Province, and likewise a prejudice to Iiis $Taj ty ’ 3 Revenue, by his Quit rents, unless care be taken at the same time that the necessary expence be provided for ascertaining of that line without delay.”* The “ Lieut 1 Gover r of Pennsylvania’s letter” referred to, is dated 13 September, 1751. Governor James Hamilton says : “ What I am now about to represent to your Excell cy , will 1 hope be considered as my indispensible duty to the Proprietaries of this Province, whose interests, if my information be true, may be very much affected, by the proceedings of Coll: Johnson and some other Gentlemen in your Govern 1 , who I am told have obtained a warrant for laying out a very large tract of Land, more than one hundred thousand acres, on the East branch of Susquehannah River, to ad- join the line of this Province. Now, as the Northern boundary of Pennsil vania is not yet fixed, those Gentlemen for want of due information, may probably by virtue of this Warrant, survey lands within our Province, which may hereafter occasion disputes, between us, especially if settlements should be made upon them. With a view therefore of avoiding every thing of that kind, I should be much obliged to your Excell cy , to signify to the Gentlemen concerned in this Grant, that I will advise the Proprietaries of it, by the next conveyance, that if they please they may take immediate measures for settling their Northern boundary with the Crown. Such a step which it is the Proprietaries interest to take, will put the boundary out of dispute, and then these Gentlemen or any others concerned in grants of land, will be under no difficulty where to locate their Warrants, but till that be done, it appears to me, they will run a great risk in their locations. “As a testimony of my regard for those Gent n , and for their future information, I beg leave to acquaint vour Excell cy , that the Province of Pennsylvania, by the Royal Patent, is to contain all the lands within five degrees of West Longitude, from the River Delaware, which is the Eastern boundary thereof ; and three degrees * New York Col. Hist, vi, 747. 51 No. 11 .] of Latitude, beginning at a circle drawn at twelve miles distance, Northward and Westward, from the Town of Newcastle, and to be bounded by that circle, till it intersects a line running due West from the Town of Newcastle, and by that line continued due West to the limits of Longitude above mentioned, which part of the said cir- cle and due west line, is to be the south boundary of the said prov- ince, so that it is of little import in what degree of latitude that part of the said circle and West line fall, nor what is supposed to be in the patent, since Newcastle is a certain determined point or sta- tion given and fixed in the patent, from whence and not from any imaginary point or line in the heavens, the three degrees of latitude are to be measured. If these Gentlemen therefore will consider how far three degrees of latitude to be measured from Newcastle will extend (perhaps not short of the latitude of Albany) they will be the better able to judge how to keep their survey clear of this province. “ I have not gone into this account of the Bounds of Pennsylvania with any design to begin a dispute, but merely with a view to ap- prise your Excell cy , and the Warrantees, of the light in which the boundaries of this Province are considered here. And that in my opinion it would be for the interest of the parties, that our proprie- taries should first be made acquainted with their Grant, before they put themselves to any considerable expence about it, in order that they may take measures with the Crown, to ascertain their Northern boundary. But if the lands should be actually located, and there should be reason to think any part of the survey comes within the line of this Province, I hope your Excell C7 for prevention of any future disputes, will permit the Agents of the Proprietaries of Penn- sylvania residing here, to lodge a Caveat in your Land Office, against the acceptance of such survey.”* This letter was drawn out by the following “ Extract from a Let- ter of lames Alexander, Esq r , to M r Bichard Peters,” Penn’s Secretary of the Land Office. “A Lycence to purchase of the Indians one hundred and thirty thousand Acres on the east Branch of Sasquehanah Biver, down to the Line of Pennsylvania, is granted here to Colonel William lohn- son and Company, and I hear its to be surveyed in September next. It might prevent Disputes hereafter if that Line could be settled be- fore any Grants were made on it, at least before any Settlements upon it. I understand that the Delaney Family are the Company of Coll. Iohnson, which Family are the chief Supporters of the Disturbances concerning the Line of New York and New Iersey, which will now cost much troubl charge and expence to have set- tled, whereas before any Grants or Settlements had been made near it in New York, it might have been done with small charge — I submit it to you whether it may not be proper in behalf of your Proprietaries to memorial our Governor for the settling that line ; * New York, Col. Hist, vi, 748-9. 52 [Senate And in the mean time that all Purchases and Grants that can pofsibly inteMere with it be stayed. I would not have you mention my name in this affair.” * Governor Hamilton, the day after he wrote the letter to Governor Clinton, addressed a long communication to Thomas Penn, one of the Proprietaries, upon various subjects, in which this matter is referred to in the final paragraph, as follows: “Upon Mr. Alexanders acquainting M r . Peters that Coll. John- fon and the Delanceys had obtained a licence from the New York Government to purchafe from the Indians a large Tract of Land lying on the East Branch of Sasquehannah, to adjoin the North Bounds of this Province, which was intended to be survey’d this Fall, and expressing his apprehenfion that it may in time occasion disputes between the two provinces : I have written to M r . Clinton to apprife him of the Bounds of Pennsylv a , and to put him and the Warrantees upon their guard not to make encroachments upon thif Province telling him that in my opinion it would be better those Gentlemen should defer the location of their Warrants, till you were acquainted with the Grant, and had an Opportunity given you of concerting meafures to fettle your North Bounds with the Crown. What Regard M r . Clinton will pay to my letter I know not. But I have defired of him that (in cafe thofe Gentlemen should have located their Warrants) your Agents here may have the liberty to lodge a Caveat in the New York Land Office against the Accept- ance of such Survey, as by a Copy of my letter now fent you will see. M r . Alexanderf has acted a very friendly part by you in this affair but desires not to have his Name mentioned upon the Occafion.”j; And about the same time (September, 1751), Governor Hamilton, in response to the circular of the Lords of Trade, thus modestly claimed the Province of Pennsylvania as u bounded on the north by the Province of New York and a part of Lake Ontario * * * on the west by a small part of said Lake Ontario, the Straits of Niagara, Lake Erie, and the Country now possessed by the Six Nation Indians.” Governor Hamilton’s letter being submitted to the New York Council at its session upon 30th September, 1751, by Governor Clinton, it was “ referred to a Committee of the Council or any three of them and that they make Report thereon as soon as con- veniently may be.” § The committee reported as follows : “ May it please Your Excellency : “ In Obedience to your Excellency’s Order in Council the 30 th September last, referring to a Committee, A Letter then communi- p Pnn ~ MSS., v, 1 77. j- James Alexander had been Surveyor-General of East Jersey, and afterward of the Provinces of New Jersey and New York and Attorney-General of New York. He was early identified with the settlement of the boundary between these Provinces. He was the father of General Lord Sterling of the army of the Revo, lution. \ Penn. MSS., v, 173. g N. Y. Council Min., xxi, 461. No. 71.] 53 cated to the Council By your Excellency from Governour Hamilton of the 13th Ultimo, respecting the Boundaries of the Province of Pensylvania, the Committee have duly weighed and considered the same. And upon Examining the Record of the Letters patent granted by King Charles the Second, in the thirty-third year of his Reign to William Penn Esq^ for the Province of Pensylvania, do find the Lands therein granted, to be bounded on the North by the beginning of the three and fortieth Degree of Northern Lati- tude. And therefore the Committee are humbly of Opinion Your Excellency may grant any Lands to the Northward of that Boundary : Otherwise it may be a hindrance to the Settlement of this Province, and Prejudicial to His Majesty’s Revenue, arising from the Quit Rents. “ By Order of the Committee, “ October 9 th , 1751. Edward Llolland, Chairman”* A copy of this report was immediately transmitted by Governor Clinton to Governor Hamilton in the following words : “ J have communicated your Favour, of 13 th . of last Month, to the Gentle- men of His Majesty’s Council, as you will perceive by the enclofed Copy of a Minute of that Board, by which you will obferve that it is their Opinions that the Northern Boundary of your Colony is fixed by the beginning of the 43 d Degree of Latitude, and no ways depending on your Southern Boundary, or on any Agreement en- ter’d into between the Proprietaries of Pennsylvania and Lord Bal- timore. u Jt is thought, that the Facts must have been misrepresented, that could induce your Honour to fix the Beginning ofthe 43 d De- gree near Albany : and J assure you S r , that J shall take all particu- lar care that no Lands maybe located to the Southward of the North- ern Boundaries of Pensylvania.” j* Richard Peters addressed the following note to Thomas Penn upon the subject, over the date of 12 June, 1752. “ Mr. Alexander’s Letter wc h I have copied will shew you what sad distracted work the People of New York are likely to make in the construction of their Boundaries, and that Admiral Warren and the Delaney Family are concerned in the Warrants tlio not named and that on account of the uncertainty of the Crowns Construction of the Bounds of New York it is thought proper to drop the Sur- vey here and to apply imediately to the Crown for the Grant wc h however may be ask d for Lands comprized within certain metes so that J shou d think y e Caveat shou d be enter d by your agent in the proper office at Westminster. “ The Capt n is come to a determination of going in his Yefsel w ch obliges me to close & to refer you to my next by Messard or Shirley who sail next week.” ^ That the authorities of New York continued to be apprehensive that the Proprietaries still entertained the idea of claiming beyond - Penn. MSS., v, 181. fldem, v, 185. tldem, v, 239. 54 [Senate the “ beginning of the forty-third degree,” is apparent from the fol- lowing extracts from the minutes of the New York Council, 11 March 1755. “ His Honour communicated a Letter from Governor Morris of the 6 th Instant (Pensilvania) desiring the countenance of this Gov- ernment in respect to a meeting of the Six Nations of Indians at Col 1 Johnson’s House this Spring, where M r Morris proposes to treat with them by Commissioners, and to purchase of them in be- half of the Proprietors of that Province, All the Lands within the same, as bounded in the royal Charter. And desiring that John Lydius who has lately made a Purchase of Lands within that Gov- ernment, in behalf of some People of Connecticut,* may be prose- cuted for the same. The Charges whereof he will defra}^. “ As to the first Point, the Council were of Opinion his Honour might signify to Governor Morris his Consent to the propos’d Meet- ing, Provided that at such Meeting no Lands be purchased in behalf of M r . Penn, to the Northward of the Beginning of the 43 d Degree of Northern Latitude, which is esteemed to be the Southern Boundary of this Province in that Part, and the Northern Boundary of Pen syl vania. “ As to the second Point. The Council wmre of Opinion, as the Charge against the said John Lydius is general, this Board cannot order a Prosecution against him by the Attorney General, but that the Government of Pensylvania, might be at Liberty to commence and carry on a Prosecution against him in the King’s Name.”f And also the minutes of 27 March, 1755 : “ The Governor communicated a Letter of the 25 th Instant from Governor Morris, touching the Purchase he proposes to make of the Indians in Behalf of Mr. Penn, of the Lands included within the Grant of the Crown ; In which M r Morris says ‘that in Case they can agree with the Indians, he proposes to take the Grant in the express Words of M r . Penn’s Charter, and against this he conceives this Government can have no Objection, since this Province, will be after any such Indian Purchase, in the very same Circumstances it is now, as to the Interpretation of the Extent of the King’s Grant, for tho’ they differ widely in this Point, yet the Claim of this Province will not be at all affected, if the Indian Boundaries be the very same with those described in the Koyal Charter.’ “ The Council adhere to their former Opinion on this Matter, entered in the Minutes on the 12 th Instant, and advise his Hon r . to send a Copy thereof to Col 0 . William Johnson, and to signify to him, it is the Opinion of this Board, that he do his utmost to pre- vent any Purchase being made of the Indians, otherways than may be expressly conformable to their said Former Opinion. * Susquehanna Company’s Purchase. See II, Appendix L. Lydius does not ap- pear in the subsequent controversy between Pennsylvania and Connecticut, ex- cept as a witness before the Council at Trenton, to identify the Indian deed of 1754, which he had an agency in procuring. f N. Y. Council Min., xxv, 4. t N. Y. Council Min., xxv, 11 No. 71.] 55 Governor Hoyt in his “ Syllabus of the Controversy between Connecticut and Pennsylvania” says (page 40): “Perhaps it was not altogether ‘ignorance’ of bounds that moved our worthy predecessors. In the course suggested to i get rid ’ of the deed of 1754 to the Susquehanna Company, under date of July 2, 1755, Thomas Penn writes to Governor Morris, 6 When a pur- chase ’ (from the Indians) ‘ is made, I would not have it in words too particular, but to extend to the Northern Boundary of Penn- sylvania without any mention of a degree’ ‘I had rather avoid making the Government of New York privy to it, as they expect we shall coniine our purchase to the forty-second degree, whereas we shall certainly expect three degrees.’ ” Indian Treaty of 1768. In June, 1754, delegates from several of the Colonies assembled at Albany to consider a plan of union, and to make a treaty with the Six Nations. By this treaty the Indians ceded to the Proprietaries of Pennsylvania all the land west of the Susquehanna river south of a line extending from a point opposite the site of Sunbury, north-west to the western boundary of the Province. This line, drawn upon the map, intersects the present north line of Pennsyl- vania near the north-west corner of McKean county, and would strike the western boundary of the Province, as it was claimed to the “ forty-third degree,” north of Lake Erie. After the treaty, when the Indians had discovered the true pur- port of the deed by which their chiefs had conveyed away a large territory which they still wished to hold, they became very much dissatisfied, and Their discontent was taken advantage of by the French, and this was one of the causes of the desertion of some of the tribes to the French, one of the consequences of which was the fatal defeat of Braddock. In October, 1758, a new treaty was made at Easton by which the Proprietaries relinquished all claims to the lands covered by the deed of 1754, lying north-west of the “Alleghany or Appalachian hills.” * The territory thus surrendered included the site of Fort DuQuesne and other desirable spots upon which the whites looked with longing eyes. Fort DuQuesne was soon after captured by the British, and the influence of the French with the Indian tribes south of the lakes began rapidly to wane. Notwithstanding the surrender of the lands west of the Alleghanies by the Proprietaries, white set- tlers continued to encroach upon the hunting grounds of the Indians, particularly after the peace of 1763. Proclamations were fulmi- nated against them, and early in February, 1768, an act was passed by the Legislature of Pennsylvania prescribing the penalty of death to such squatters as failed to remove from the coveted territory within a certain time. But proclamations and edicts were of no avail, and the disputes * Smith’s Laws (of Penn.) ii, 121-2. 56 [Senate between the whites and Indians as to the proper boundary or limit between them had become so frequent that a general treaty was made in 1768, in which a new boundary was fixed, reaching from the Mississippi to Lake Ontario. By the minutes of the New York Council, 9th of September, it was apparently expected that the claims of the Proprietaries to lands within the “forty-third degree” would be asserted anew. “ His Excellency was pleased to observe to the Board that M r . Penn Lieutenant Governor of the Province of Pensilvania was expected in this City, in his Way to the Congress soon to be held with the Indians for the Settlement of a Boundary Line between them and His Majesty’s Colonies ; and that M r . Penn he was informed, intends at this General Meeting of the Indians, to purchase of them, in Behalf and at the Expence of the Proprieta- ries of that Province such part of the Lands to be ceded by the In- dians, as may fall within the Province of Pensilvania which M r Penn supposes doth extend Northward so far as to include the forty third Degree of Northern Latitude, whereas the Northern Limits of that Province are by the Charter expressly confined to the Begin- ning of the forty third Degree, and if extended to the End of the said Degree of Northern Latitude, would not only greatly contract the Limits of this Province, but by breaking in upon many Ancient and valuable Settlements under this Government, be productive of great Dissatisfaction and Uneasiness among the Possessors of the Soil. “ The Record of the Charter or Letters Patent from King Charles the Second in the thirty third Year of his Reign to William Penn Esq r . for the Province of Pensilvania, was then Read “ His Excellency having required the Advice of the Board there- upon : and the Council being of Opinion that such Purchase if effected, may greatly prejudice the Rights of the Crown ; therefore unanimously advise his Excellency to apprize Sir William Johnson of the Information he has received, and strongly to recommend it k) him, as his Majestys Superintendent of Indian Affairs, to interpose and prevent, if attempted, the Purchaseing of any Lands in behalf of the Proprietaries of the province of Pensilvania, to the Northward of the Beginning of the three and fortieth Degree of Northern Latitude, the utmost Extent of that Province: until his Majestys pleasure shall be known.” * The “ Treaty ” or convention was held at Fort Stanwix in Octo- ber and November in that year. Governor John Penn (grandson of William) was present during the preliminary negotiations, but before the formal opening of the “ Treaty ” he was obliged by the “ affairs of his Province to set off for Philadelphia, leaving behind him as Commissioners Messrs. Peters and Tilghman.” The King and Colo- nists were represented by Sir William Johnson, Superintendent of *N. Y. Council Min., xxvi, 128. No. 71.] 57 Indian Affairs, Governor William Franklin, and Chief Justice Frederick Smith of New Jersey, Commissioner Thomas Walker of Virginia, and Richard Peters and James Tilghman from Pennsyl- vania. Eight Indian tribes (including the Six Nations) were present in large numbers. Many belts of wampum were passed, and doubt- less much tobacco was smoked, in the prolonged negotiations between the representatives of the two races. The boundary line had -already been practically agreed upon by the treaty of 1765, through Penn- sylvania to a point called “ Oswegy ” (Owegy) upon the Susquehanna river, which from the imperfect geographical knowledge of the period was supposed to be at the northern limit of Penn’s Province. Beyond this point through New York the direction in which the line should be run seems to have occasioned the greatest discussion. The question was finally satisfactorily settled and a deed was made and signed the fifth day of November by a representative from each of the Six Nations, fixing and describing the line and granting the land east of it to King George the Third. Penn’s claim to land* north of the “ beginning of the forty-third degree ” seems not to have been asserted as was anticipated by the New York Council. The boundary thus agreed upon is described in the deed, “ begin- ning at the Mouth of Cherokee or Ilogohege River, to a Creek called Awandae, thence down the same to the East Branch of Susquehanna and across the same and up the east side of that River to Oswegy, f from thence East to Delawar River and up that River to opposite where Tianaderha falls into Susquehanna thence to Tianaderha ” J This line is known in the history of New York as the “ Line of Property;” especially that portion which reached from the Delaware to the Susquehanna, forming the east line of Broome county. That the portion of this boundary agreed upon by the Indians, ex- tending from “ Oswegy ” east was intended to be in the north boundary of Pennsylvania appears from the letter of Governor Henry Moore of New York to the Earl of Hillsborough, 27 June, 1769, in which he states, “ The inclosed sketch was sent to * Tennessee River. f “Owegy” on the rude map made by Guy Johnson which is enclosed in Sir William Johnson’s letter written to the Earl of Hillsborough, the Colonial Secre- tary, a few days after the date of the Indian deed. It is spelled “Owege ” upon the map attached to the Report of the Board of Trade, referred to at page ill (Sketch No. 1). This name seems to have been spelled indiscriminately “ Os- wegy ” and “ Owegy ” in the various documents, and by the distorted representa- tion of the geography of the country upon some of the maps of the period, it would seem to have been erroneously placed at the locality afterward known as Tioga Point. A line drawn east from Owego would strike the Delaware a long distance above the point at which the line north to the Susquehanna leaves it, and would have left the Indian villages of Chenango, Chughnut and Ouaquaga in possession of the whites, thus defeating the object of the detour to the Delaware. Upon Guy Johnson’s map annexed to the Rev. Charles Inglis’ “ Memorial concern- ing the Iroquois” in 1771 (N.Y. Doc. Hist. (4°) iv, 661) “ Owegy” is more correctly located and the Indian Boundary is shown by a diagonal line drawn south-easterly from that point to the present Initial Point. X N. Y. Col. Hist., viii, 136. Tianaderha is now known as the Unadilla River. Awandae is now Tonawanda. fSpn Doc. No. 71.] 8 58 [Senate me by Sir William Johnson, in order to be laid before the house of Assembly and only shews so much of the line as relates to this Province. Pennsylvania is now bounded on the north by the East and West line drawn from Owegy to the Delaware.” * Owegy located upon this map just below the intersection of the parallel of 42 degrees with the Susquehanna river, and the line drawn East fr.oin the point passes entirely south of all the Indian villages on Susquehanna, intersecting the Delaware near the present “ Initial Point.” In the Indian Deed to the Penns, signed at Fort Stanwix the same day that the deed defining the general boundary line between the Indians and the Colonists was signed, the grant to Thomas and Richard Penn covered “all that part of the province of Pennsyl vania not heretofore purchased of the Indians, within the said general boundary line and beginning with said boundary line, on the east side of the East branch of the river Susquehannah, at a place called Owegy and running with the said boundary line down the said branch then up the said river Delaware on the west side thereof to the intersection of it, by an east line to be drawn from Owegy aforesaid to the said river Delaware, then with that east line to the beginning at Owegy aforesaid.” Sir William Johnson and the New York commissioners present would not have consented to this grant, had they an idea that “ Owegy” was north of the “ beginning of the forty-third degree.” In 1774, the line of cession was run east from the mouth of Owego creek to a point about four miles east of Binghamton, by Robert Lettis Hooper, and a number of British military land warrants were laid out along the south side of it, in the present county of Broome, forming what afterward, became Bingham’s Patent. Coxe’s Manor in Tioga county was laid out south of it at the same time. This location of the line of 17(18, so much farther north than was intended at the time of the treaty, created great dissatisfaction among the Six Nations, and came very near influencing them to cast their lot with the Colonists against the British in the Revolution. Such a result from the inaccurate knowledge of the early geography of the coun- try displayed by the English officials in their dealings with the In- dians would undoubtedly have materially shortened the war of the Revolution, and have entirely changed the history of the United States. This survey was the subject of discussion at two congresses with the Indians in 1774, and it required considerable diplomacy on the part of Col. Guy Johnson, who had succeeded Sir William John- son at his death as Superintendent of Indian Affairs, to induce the Indians to remain friendly to the British. f Col. Johnson, 1G March, 1775, in transmitting the proceedings of these congresses to the Earl of Dartmouth, refers to the subject thus : “ The next part of the inclosures contain Transactions with the Chief of the Lower Senecas (a Man of great fidelity) and with a party * N. Y. Col. Hist., viii, 149,150. f Idem, viii, 550-1, and 560-1. No. 71.] 59 of Cayugas, and the last is the substance of my proceedings with those Six Nation Indians who inhabit about the Susquehanna, and who are much alarmed at finding that the boundary line lately run from Owegy on the before mentioned river to Delaware includes four of their Villages contrary to the intention of the Fort Stanwix Treaty in 1768. — This error was occasioned thro’ the want of a proper survey of the course of the Susquehanna, at that time, all the Maps then to be found having given it a much more Northerly direc- tion than it appears to have (above Owegy) according to the late survey which leaves their Villages within the limits of the Colonies & thereby causes much discontent, not only amongst those imme- diately affected, but the rest, who have applied to me for redress, as previous to their executing the Deed of Cession they in a public speech stipulated : ‘ That the Lands of the Mohawks, as also the residences of any others of the Confederacy, affected by the Cession should be considered as their sole property.’ And, therefore, it may appear necessary to give them some security for the lands they oc- cupy about the Villages so circumstanced, otherwise at a time where so much jealousy subsists on account of lands and encroachments, this would be aggravated into a high grievance by the Confederacy (who are bound to provide their people with lands) and probably in- cline them to engage in some of these evil Councils or Associations, which it has been my constant endeavours to prevent. I therefore hope to be enabled to signify to them His Majesty’s commands thereon, and if I can also receive orders respecting some land (and other) matters mentioned in former letters, previous to the General Congress, that must shortly take place, it will prove of great advan- tage to the service, for I find that reports of encroachments ettc, have spread amongst the Nations to the Westward, and, I likewise discover, that measures are now in agitation to draw the Six Nations into the schemes of the disaffected by persuading them, that they are in danger and that their applications will be disregarded ; so that any marks of attention at this time will strengthen their confidence in His Maj ty which I continually labour to promote, than which nothing can be more necessary, when not only amongst themselves, but also a great number of the White people are endeavouring to alienate their affections and even spirit them up to worst purposes. This I have hitherto been fortunate enough to prevent, and under the sanction of Govern 1 I trust, I shall neither prove wanting in zeal or influence to render their schemes abortive.”" The military land warrants located by Hooper were never con- firmed by the British government of the Colony. After the Devolu- tion, and the actual line of Pennsylvania had been run, New York found it necessary to extinguish the Indian title to the lands south of Hooper’s line, and to grant new warrants for the re-survey of most of the lands lie had laid out in 1774-5. Y. Col. Hist,, viii, 548-9. 60 [Senate The Proprietaries ask to Have Their Boundaries Fixed. The questionof a settlement of the location of the Boundary seems to have rested until 1774, when the Proprietaries of Pennsylvania, having had their south boundary settled arbitrarily upon a line con- siderably north of that described in the charter, petitioned the King to have the remaining boundaries fixed and marked. Their peti- tion is as follows : “ To the Kings most excellent Majesty in Council : a The humble petition of Thomas Penn and John Penn Proprie- taries of Your Majesty’s Province of Pennsylvania in America [August 26, 1774]. ' Sheweth. “ That on the 4th day of March 1680 His late Majesty King Charles the Second was graciously pleased By Letters Patent under the Great Seal to Grant unto William Penn Esquire (late Father of your Petitioner Thomas Penn and Grandfather of your Peti- tioner John Penn") in Fee the said Province of Pennsylvania “ That the Extent and Bounds of the said Province were ex- pressed in the said Letters Patent in the following Words (that is to say) “That the said William Penn and his Children claiming under him have as they humbly hope answered the Purposes for which the said Province was granted * * * “ That the Boundary Line of the said Province of Pennsylvania hath now been finally adjusted and settled between your Petitioners and the late Eight Plonorable Frederick Lord Baron of Baltimore in the Kingdom of Ireland Proprietor of the Province of Mary- land . “ That at the Time of the making of the said Grant to the said William Penn the Continent of America was not so well under- stood as the same hath been of later Years for your Petitioners conceive that the province of Maryland (which was granted prior to that of Pennsylvania) as bounded by the Line drawn by the said Commissioners extends now considerably farther Northward than it was apprehended the same would have extended at the Time of the Grant to the said William Penn and it is now certainly known that the Circle at twelve Miles distant from New Castle can never touch the beginning of the fortieth Degree of northern Lati- tude as the said Grant of the said Province of Pennsylvania sup- posed ; Your Petitioners therefore could not have three Degrees of Latitude according to the Intention of their Grant without en- croaching upon the Province of Maryland and the Line between your Petitioners and Lord Baltimore which ought to have been run due West from the Circle twelve miles distant from New Castle at the beginning of the fortieth degree of northern Latitude was run in that direction towards the end of the said fortieth Decree but to No. 71.] G 1 the manifest prejudice of your Petitioners Wherefore your Peti- tioners apprehend that to the Westward of Maryland where no other Grant interferes they ought to have the whole Extent of three Degrees of Latitude viz 1 : from the beginning of the fortieth to the beginning of the forty-third Degree of northern Latitude. “ That your Petitioners also apprehend it is now certainly known that the said River Delaware doth extend to and beyond the begin- ning of the three and fortieth Degree of Northern Latitude from twelve miles distance Northwards of New Castle Town yet still the spot at which the two and fortieth Degree of Northern Latitude doth end and the forty third Degree doth begin hath never been fixed and the whole Northern and Western Boundaries and the Southern Boundary to the Westward of Maryland remain yet to be drawn. “ That great numbers of People under Grants from the Province of New York are settled and daily settling in those Parts where (as your Petitioners apprehend) the Northern Boundary of the said Province of Pennsylvania according to the Intention of their Char- ter ought to run and others are settled and daily settling without any Grants whatever in those Parts where (as your Petitioners ap. prehend) the Western Boundary of the said Province ought to run, and an Application having lately been made to your Majesty for erecting into separate Province a large Tract of Land on the River Ohio to the Westward of Pennsylvania unless the Bounds of the Province of Pennsylvania be set out and ascertained Your Peti- tioners apprehend great Contentions may hereafter arise between the Inhabitants of the said Province, and those claiming to be within the Lines of New York or of such other Province as may be erected to the Westward of Pennsylvania and many Outrages be committed the Perpetrators whereof by reason of the uncertainty of the said Northern and Western Boundaries will with difficulty be made amenable to the Justice of any of the said Provinces. “ Wherefore your Petitioners most humbly pray your Majesty that you will be graciously pleased to order such disinterested Per- sons in those Parts as your Majesty shall think most proper to be appointed with Power to join with such Persons as shall be named by vour Petitioners for the marking and ascertaining the Beginning of the forty-third Degree of Northern Latitude on the said River Delaware and for the marking and ascertaining a strait Line to the Extent of five Degrees in Longitude due West from the Place which shall be ascertained to be the beginning of the forty third Degree of Northern Latitude to be fixed and settled as the Northern Bound- ary of the said Province of Pennsylvania and for the marking and ascertaining a Line due South from the Western Bounds of the said Province of Maryland to the Beginning of the fortieth Degree of Northern Latitude All which your Petitioners have thought it right to submit to your Majesty’s Wisdom in Order that your Majesty may if you shall so please give Directions that the said [Senate 62 Lines may accordingly be run to prevent any dispute which maty hereafter arise touching the Boundaries of the said Province. “ And your Petitioners (as in all Duty bound) shall ever pray s o\nnsv.c^^s\(x<'<0w\v\7) Sketch No. 4 . N w K No. 71.] 73 of the Country, as it is public property and at present in my pos- session I would not hesitate to take it with me if I was assured that it will not be wanted by the Gentlemen who were going on the tem- porary Line. I shall be much obliged to you for any information on this matter.” * Independent Surveys for the Location of Lands. Meanwhile, settlers were impatiently awaiting the formal action of the two States preparatory to the final adjustment of the line. Numerous applications were received by the Pennsylvania Land Office for the location of warrants in the north-eastern part of the State, and in 1784 Surveyor- General Lukens sent George Palmer to the point fixed by Rittenhouse and Holland, with instructions to explore the Boundary as far west as the Susquehanna, and lay out warrants in the north part of the present county of Wayne. June 1, Mr. Palmer reached the Initial Point and after a search of an hour and a half, found the monument which he had assisted in placing ten years before, and from which he ran a line west to the Susquehanna, a distance of twelve and five-eighths miles. His diary and field-book of this survey are now in the possession of the His- torical Society of Pennsylvania, and copies of these, as well as his commission as Deputy Surveyor, are given in Appendix G. Sketch No. 3, is a copy of Mr. Palmer’s plot of this Survey .f The diary of two of his assistants is also given in Appendix G. The original is also in the possession of the Historical Society of Pennsylvania. Mr. Palmer, upon the completion of the survey of this portion of the line, proceeded to lay out warrants based upon it from the Dela- ware river to a point seven miles west. When the present line was run two years afterward the latter diverged to the south from Mr. Palmer’s line until at the Susquehanna river they were 454 feet apart. J There is no doubt that the surveys of several of the earlier tracts in the south-east part of Broome county, New York, were also based upon the Palmer line. The latter is still held as the land boundary at and near mile-stone 2. And a point near milestone 10 the Palmer line some 371 to 391 feet north of the present line was held until 1865 by Pennsylvania owners as the true line. * Penn. Arcli., x, 458. f Sketch No. 4 shows the relation of Palmer’s line to the State line. if The description of Hooper’s 2000-acre Tract granted in 1785, begins here. The survey was made by James Clinton in 1786 (the map was filed in the Secretary’s office June 6,) probably while he was running the Boundary. He commences his certificate thus : “ Began the Survey of Hooper’s Tract on Pennsylvania Line at a Stake and Stones by it marked Pa. on one side and N. Y. on the other side, 6.88 ch. South from the random line standing on the East bank of the Susque- hanna River and run from there along the Pennsylvania line south 86° 65' East 100 ch.” The random line referred to was probably George Palmer’s line of 1784, as the commissioners “Random” was south of Clinton’s place of beginning. The description in the original grant before the survey was made, runs, “ Beginning on East bank of Susquehanna River on the Jurisdiction Line between New York and Pennsylvania and runs thence eastward along said Line.” ; • [Sen. Doc. No. 71.] ~ 10 74 [Senate Palmer’s line was continued west to the second intersection of the river in June, 1784, by Deputy Surveyor William Gray, who based the surveys of a tier of warrants upon it. In the north-west corner of the State, the Legislature of Penn- sylvania had set apart a tract of land as a donation to the Pennsyl- vania soldiers who served during the Revolutionary War to whom the warrants of survey were issued. The warrants in District No. 10 were surveyed by David Watts in 1785 and returns were made by him to the Surveyor-General 12 Feb. 1786. A map of the dis- trict was made from the returned surveys by direction of Surveyor- General Lukens, upon the margin of which are the following legend and certificates : — “A draught of the Surveys Made in District No. 10 of the Donation Lands by David Watts, Deputy Surveyor of said Diftrict as returned by him into the Surveyor Gen 1 . Office February 12 th 1786 Protracted from a scale of 200 perches to an Inch Magnetic Variation.” “ Surv. Gen 1 . Office, Aug. 21, 1786. “ The above Draught is constructed from and compared with the Original returns remaining in my Office. “ Jn° Lukens, S. G.” “ Surveyor General’s Office September 23, 1834. “ I certify that the above draft is a copy of the Original made in conformity with an act of Assembly passed 16 th February, 1833. “ Jacob Spangler, S. G. ” “ This District is bounded North by the Northern Boundaries of the State.” The Donation Lands were set apart by a proclamation of Governor Mifflin in which the boundaries are described thus : “ Beginning at the Mouth of Mogulbughtiton* Creek thence up the Allegany River to the mouth of Conawaga Creek thence due North to the Northern Boundary of this State thence West by the said Bound- ary to the North W est Corner of the State thence South bv the Western Boundary of the State to the North-West Corner of Lands appropriated for discharging depreciation Certificates and thence by the same Lands to the place of Beginning.” f The proclamation is dated 24 April, 1789. After the present State line was run and the Holland Land Com- * pany commenced its surveys in New York, many of these Donation warrants were found to be in the State of New York. John Cochran, Deputy Surveyor of Erie county, Pennsylvania, was directed by the Surveyor-General to examine into the interference. Sketch No. 5 exhibits the situation as he found it * Mahoning Creek. f Penn.Physick. MSS., iv, 284. AMITY j, i VENANGO Sketch No. 5. I 'FRENCH! 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Neither attention or exertions have ever been wanting on our parts towards Scientific and permanent comple- tion of the business entrusted to us, and the general behaviour and industry of our men has been such as to entitle them to our thanks.”* The stars used in their operations were : a Lyrse, a Cygni, Capella, y Andromeda, /3 Medusae and 6 Cygni. Mr. Ellieott in his com- munication gives in detail the notes taken at each astronomical sta- tion, with the final results of the computations, and says at the end, “ I have omitted the calculations, and given only the results, for the following reasons, first they would have swelled the paper to a great length, secondly no difficulty can arise in making them to any person moderately acquainted with practical Astronomy.” Mr. Ellieott concludes this record of the astronomical observations upon this boundary with the following words : u The above correction being made, completed the Astronomical boundaries of the State of Pennsylvania. “ My associates in tracing the north boundary of Pennsylvania were Dr. Rittenliouse, James Clinton, and Simeon De Wit, in the year 1786. The first of those gentlemen left us in the beginning of September. The year following my associates were Andrew Porter, Abraham Hardenberg, and William Morris.” The remainder of the paper is taken up with an account of the survey of the outlines of the District of Columbia, and the survey of Washington city, with frequent notes of astronomical observa- tions connected therewith. To show how much greater pains were taken to secure accuracy in running the outline of the District, than were observed in tracing the line between two great States, the farther quotation from the paper is made, — “ These lines were measured with a chain which was examined and corrected daily, and plumbed whenever the ground was uneven, and traced with a transit and equal altitude in- strument which I constructed and used in running the western Boundary of the State of New York. This instrument was similar to that described by M. Le Monnier in his preface to the French Histoire Celeste ; except in being accommodated to a firm portable triangular frame. The transit and equal altitude instrument is of all others the most perfect, and best calculated for running straight lines, and when the different verifications are carefully attended to, may be considered as absolutely perfect.” From the meager details contained in the few letters and brief re- ports, it seems that the commissioners, in 1787, were quite expedi- tious in their progress, notwithstanding all the drawbacks and delays occasioned by the loss of pack-horses and interference of the aborig- ines. Perhaps the too active interest taken in their operations by the *Penn. Arch., xi, 204. No. 71.] 95 sons of the forest acted as an inducement for haste in their move- ments upon some portions of the line. They were in the field from 11 June to 29 October, and ran and marked 169J miles of bound- ary, besides spending so much time at six observatory stations in as- tronomical work for latitude. As a pendent to this account of the technical work of the com- missioners, their commissary, William Armstrong, addressed to the Supreme Executive Council of Pennsylvania as follows, under date of 16 February, 1788 : — “ Gentlemen, Agreeable to the request of your Honorable Board I have looked over some of my notes Taken when out on the line last summer & find that after we Cross’d the Alligane river the last time, there was much of a sameness in the Country both as to Tim- ber & Soile on and near the line and a greater Variety of Wood on the same space then I ever saw in any other part, a large Proportion of which was Beach, Sugar maple & ash, The soile in general appears rich tho’ I believe rather Cold for some kind of grane, But well adapted to grass. The Country in general is midling Flat and level but more Particularly so on the heads or sorces of the small stremes, that Emty into the alligani river, all the waters running into the Lake having a better Current & shorter distence to run. The high dry grounds have moderate ascents and appear Pleasant & very few stone to be seen on the surface, the waters of French Creek and the Connowonge both afford a good Boat Navigation to within a small distance of the Lake. I could not see that at and near the Lake it was more subject to Early frosts than many parts much more to the southward. I am of opinion that it is Equal in value to any Equel Quantity of land on the West side of the alligane river within the lines of the state, according to Information we Receiv’d from (Capt. Wm. Morris one of the Commissioners from the state of New York) that the line of session from New York to the United States would strike the line of our State at or near the 190 mile stone.* Tho’ that is but matter of opinion founded on his Infor- mation at any rate we shall Include a large part of the Margen of the Lake with the only harber on it which is Priquelle.”f It will be interesting also to know that David Rittenhouse, 3 De- cember, 1788, was voted by the Council of Pennsylvania “ two hun- dred and eighty-one pounds, twelve shillings and six pence in full of his account for his services as a Commissioner in running and marking the northern boundary of this State and for several mathe- matical instruments purchased to enable him and the other Commis- sioners to perform said work.”]; The New York commissioners were allowed for their services by the Legislature, in the appropriation bills, forty shillings per day. After settling with the State of Pennsylvania, Commissioner "Por- * The intersection of the two lines is actually a short distance east from the 225 mile point. fPeun. Arch., xi, 242-3. JPenn. Col. Kec,, xv, 614. 96 [Senate ter was sued for the value of a horse purchased for the use of the commissioners, which died in the service. The matter was brought before the Council, and, upon the recommendation of a committee, it was “ Resolved that an order be drawn upon the Treasurer in favor of said Colonel Andrew Porter for the said sum of twenty four pounds, twelve shillings four pence agreeably to the Comp- troller General’s report.”* In the account current of New York with Gerard Bancker, treas- urer, we find the following entries : £ s. d. 1786. To Cash, to the Pennsylvania Line Commis- sioners 1000 0 0 To ditto to the Pennsylvania Line Commission- ers 924 8 1 1788. To Commissioners for running the Pennsyl- vania Line 2111 18 6 Original Monuments. The rude monuments with which the original commissioners marked the Boundary were as varied in their size, character and ap- pearance as the Boundary itself is in alignment and topography. Of the original 224: milestones, 71 per cent were found during the recon- naissance, nearly one-fourth of them out of place, and many of them in fragments or in various stages of dilapidation. It is to be pre- sumed that upon the western half of the line where so many vacant intervals were found, that at some points were set “ posts surrounded by mounds of earth where stones could not be procured.” Gener- ally the appearance of the old monument indicates that some pains was taken in its selection. A suitable water-worn stone from some neighboring stream or a small slab split out of some convenient flag- stone ledge, was obtained and rudely marked with “ N. Y.” and the number of miles on one side and “ P.” on the other. Others were of an inferior and shaly texture. In some cases this may be the result of the action of fire in the woods. A few were quite regu- lar in shape, many very irregular, and in some instances a singu- larity of outline seems to have been the guide in the selection. Most of the milestones found were small and very easily handled. Mile- stone 1 was a block of sand rock, 5 inches thick, from 7 to 17 inches in width aud less than 2 feet in length, the letters well cut, and aside from its length was a very substantial monument. Milestone 208, the most westerly monument found, was a large, rough, irregular solid slab, 3 or 4 inches thick, 32 inches long and 16 inches in width, the lower half tapering to a point at the bottom ; rudely in- scribed. Milestone 90, where the original commissioners suspended their labors for the season in 1786, is a squarely-trimmed slab of flag- stone, firmly set in the ground, 2 inches thick, 19J in width, and *Penn. Col. Rec.,xv, 644. No. 71.] 97 projecting 2 feet above the surface. No two of them are alike in size or appearance, many were smaller and thinner than milestone 1. And the wonder is why more of them have not been lost. Most of the smaller stones were apparently set in shallow excavations. Two or three of them were found which required considerable effort to remove when the new monuments were ready to be placed. Others, from their peculiar form, as in the case of 208, could not possibly have remained in position under the action of the frosts of the past hundred years. The Latitude Stones, set at the points where the original commis- sioners corrected their position by astronomical observations, were uniformly of a more substantial character, and greater pains seem to have been taken in trimming, marking and setting them. The Eighth Latitude Stone is the most peculiar in shape. Sketch No. 5 gives a fair likeness of this old monument. Confirmation by Statute ; Error in Revised Statutes of New York. The Boundary thus established was formally confirmed by an act of the Pennsylvania Legislature passed 29 September, 1789.* Sec- tion 1 of this act, after reciting the various preliminary legal steps, including the proceedings of Rittenhouse and Holland in 1774, goes on to say : “And whereas the said Andrew Ellicot, on the part of this commonwealth, and the said James Clinton and Simeon De- witt on the part of the state of New-York, did, in the year of our Lord one thousand seven hundred and eighty-six and seven, in pur- suance of the powers so as aforesaid vested in them, run, fix and ascertain the said boundary line, beginning at the first mentioned stone, marked as is herein above recited, and extending thence due west by a line of milestones, marked with the number of mile and miles which each stone is distantfrom the said first mentioned stone, planted in the said small island, to the bank of Lake Erie, at the distance of two hundred and fifty-nine miles and eighty-eight perches from the said first mentioned corner stone ; and the said commis- sioners did accordingly return a draft or plot of the said line, under their hands, to the Supreme Executive Council of this common- wealth ; in which said draft or plot are noted and laid down the sev- eral principal waters, mountains, and other remarkable places, through and over which the said boundary line runs ; which said boundary line is and ought to be forever hereafter deemed and taken as the true boundary of territory and jurisdiction between this State and the state of New-York, so far as the State of New- York is bounded thereby Section 2 provides: “ That the said boundary line, so as aforesaid run, marked and returned, by the said Andrew Ellicot, commis- sioner on the part of this state, and the said James Clinton and Simeon Dewitt, commissioners on the part of the state of New- * Carey and Bioren’s Laws of Penn., iii, 392-5. [Sen. Doc. No. 71.] 13 98 [Senate York, beginning at the first mentioned corner stone, planted in the said small island, in the Mohawk or west branch of Delaware river, and thence extending due west, by the marked stones aforesaid, so far westward as to meet the meridian line, which is hereafter to be fixed and established as the western boundary of the state of New- York, shall be, and forever hereafter shall be deemed and taken to be, and is here by declared to be, the true and just line of boundary and partition, both of territory and juris- diction, between the state of Pennsylvania and the state of New- York; and that this commonwealth of Pennsylvania doth not, nor at any time hereafter shall or will, claim to have, hold or exer- cise, any right, power or jurisdiction in or over the soil or inhabit- ants dwelling northward of the said line hereby established, east- ward of the said meridian line, or western boundary of New York: Provided always nevertheless , That nothing in this act shall be deemed to bind the commonwealth of Pennsylvania, until the legis- lature of New- York shall establish and confirm the said boundary line on their part, as fully and effectually as the same is by this act established and confirmed.” It would seem that this joint boundary line was not thus for- mally confirmed by the Legislature of New York, and no action was taken by the Legislature subsequent to the joint resolution of 1785, so far as now appears, until the adoption of the Revised Statutes in 1829. No question, however, has been raised as to the legal effect of this omission upon the Boundary, which has always been accepted by the authorities of both States as a basis for land surveys, and as a line of jurisdiction. A description of the boundaries of the State of New York of which this line forms a part, is given in detail in section 1 of title I, chapter I of the Revised Statutes,* and the adoption of the first revision in 1829 may be considered a tacit confirmation of the survey, by the Legislature. This description, so far as it relates to the Pennsylvania Boundary, is as follows, “ to the waters of Lake Erie ; then westerly through the same, and along the said line,” [of the Treaty of Ghent] “ until intersected by a meridian line drawn through the most westerly bent or inclination of Lake Ontario ; then south along said meridian line to a monu- ment in the beginning of the forty-third degree of north latitude, erected in the year one thousand seven hundred and eighty-seven, 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 be- tween this state and the said state of Pennsylvania ; then east along the line established and marked by the said last mentioned commissioners to the ninetieth milestone in the same parallel of * R. S. 1st Ed. i, 61-5 ; also Part I of each edition since. No. 71.] 99 latitude, erected in the year one thousand seven hundred and eighty- six, by James Clinton and Simeon DeWitt, commissioners on the part of this State, and Andrew Ellicott, commissioner on the part of Pennsylvania, which said ninetieth milestone stands on the west- ern 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 one thousand seven hundred and seventy-four on a small island in the Delaware river, by Samuel Holland and David Pittenhouse, commissioners on the part of the colonies of New- York and Pennsylvania, for the purpose of mark- ing 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 by the junction of the stream called Mahackamack with the said Delaware river in the latitude of forty-one degrees twenty-one minutes and thirty-seven seconds north.” In the description above quoted occurs an error, in fact, as well as historical, which is unaccountable, in terminating the Meridian Boundary at “ a monument in the beginning of the forty-third degree of north latitude, erected in the year” 1787 by Hardenbergh and Morris, Ellicott and Porter, “ for t lie purpose of marking the termination of the line of jurisdiction between this state and the said state of Pennsylvania.” Deference is made at the end of the description in each edition of the statutes to the foot-note, “ Com- piled from documents in the office of the Secretary of State.” The Meridian Boundary was not run until 1790, three years after Ilar- denbergh and his co-laborers are said to have placed this monument. That the location of this point was unknown to the commissioners of 1787 is evident from the letter of William Armstrong quoted above, and also the text of section 2 of the confirming act of the Pennsylvania Legislature. There is certainly nothing among the archives in the office of the Secretary of State to warrant the state- ment. The compiler seems to have forgotten that the commission of 1787 ran their line through on the parallel to the lake without regard to any meridian line beyond which New York had agreed to surrender jurisdiction. At the time the Parallel Boundary was run it was expected that the meridian line would intersect the parallel near the present south- east corner of Chautauqua county. And Pennsylvania was very much disappointed in its final location, which reduced the actual area of the land acquired to about one-fourth its estimated area. The original revisers of 1829 in their preliminary report accom- panying tne chapter, say : “ It will be perceived that the Chapter commences with a particular description of the bounds of the State. It is a singular fact, that no complete account of the bounds of the state, as now established and claimed, is to be found in any printed work or public record. It was thought, that a correct description of our limits, would not only supply an important desideratum, but form an appropriate introduction to the provisions for maintaining 100 [Senate the jurisdiction of the State, and to the description of its civil divis- ions, which will be given in chapter II. “ The description presented has been compiled with great care, from authentic materials, with the assistance of the Surveyor Gen- eral, and is believed to be correct.” * And in the original note subjoined to section 1, — “The sources from which the above description has been compiled, are generally indicated in the description itself : but it may be satisfactory to the legislature to receive a more particular account of the various pro- ceedings by which our boundaries have been established, than could be incorporated in the Statute.” 44 The western extremity of this state derived its present boundary from acession made to the United States, on the 1st of March, 1781, f pursuant a law of this State passed on the 19th of February, 1780, (Jones & Yarick, 53)4 The act of cession and other proceedings may be found in the journals of the old congress, vol. vii, p. 43 to 48. On referring to the act of cession, it will be seen that the line is described in the alternative ; and that the ultimate boundary is made to depend on a contingency which could not be determined without actual survey. Such a survey was afterward made, and the line adopted in the above description, thereby established. 44 The line along the north bounds of Pennsylvania was not fully surveyed until after the revolution. The patent to William Penn grants all the territory 4 bounded on the east bv Delaware river, from twelve miles distant northward of Newcastle town unto the three and fortieth degree of northern latitude ; ’ extending westward five degrees of longitude, and bounded 4 on the north by the three and fortieth degree of latitude.’ In the year 1774, lieutenant-governor Colden appointed Samuel Holland, and governor Penn appointed David Pittenhouse, to fix the beginning of the 43d degree of north latitude on the western branch of the Delaware, and to proceed west- ward as far as the season would permit, along the beginning of said degree.” 44 The remainder of the line to its western extremity, was run and marked in the following year,” [1787], 44 by Abraham Hardenburgh and William W. Morris, on the part of this state, and Andrew Ell i- cott and Andrew Porter for Pennsylvania. From the 43d degree of latitude to the New- Jersey Line, the Delaware river, and probably its west bank, is the boundary. As it is possible that Pennsylvania may dispute our right to the whole of the river, the above description hereby provides that the line shall run 4 down along said river? leaving the question, if it shall ever arise, to be settled hereafter.”§ * R. S. 2d Ed. (1836), iii742l. f Regents’ Boundary Report , i, 163—6. See historical sketch of the Meridian Boundary in this report. Also Appendix M. 1 Idem, i, 149-151. | R. S. 2d Ed. (1836), iii, 424-5. No. 71.] 101 The revisers thus seem to have found nothing to indicate by whom or when the monument at the south-west corner of New York was set, but it is probable that the compiler was led into error in supplying the missing link in the chain of evidence, upon the presumption that as the cession was made as early as 1781, the survey of the Meridian must have been made at the time the Parallel Boundary was run. No record or report of the survey of the Meridian Boundary having ever been found in the proper offices at Albany or elsewhere, the com- piler, doubtless, took it for granted that the survey of this line was included in the report of Hardenbergh and his associates, in Octo- ber, 1787. Apropos to the reference of the revisers to the line through the Delaware river, my investigations have led me to believe that they had good reason to be in doubt as to the status of that portion of the boundary. By the charter to the Duke of York, his grant was bounded by the east side of Delaware bay, no reference being made to the river; and by William Penn’s charter, Pennsylvania was bounded “ East bv Delaware River.”* New Jersey under the grant to Lord Berkeley “hath upon the West Delaware Bay or River.” Strictly speaking, then, the title to the river appears still to have continued in the Crown or the aborigines, and the present States have only a claim to it by occupation and possession, the actual limit of which is not defined in any treaty or law. This question was raised in 1783 between New Jersey and Pennsylvania, and was settled at that time by a joint commission. The islands and land under water were divided between the States, and each State was to u enjoy and exercise a concurrent jurisdiction within and upon the water.” We have now a good opportunity to adjust the remainder of the river boundary of Pennsylvania in a similar manner and thus supply the deficiency discovered by the revisers of the New York statutes. Early Land Surveys along the Boundary. Having thus given in detail the history of this Boundary and of its final settlement and location, we will now refer to the early sur- veys of lands along the line, which were, or were intended to be, based upon it. The unsatisfactory condition in which the Boundary had been found at many points may be accounted for as a con- sequence of the looseness of some of these surveys. We have seen that at each extremity of the Parallel Boundary, surveys had been made and the line approximately fixed, under the direction of the Commonwealth of Pennsylvania, two years before the Boundary was officially surveyed. At the eastern extremity, George Palmer having run a line from the Delaware to the Susque- hanna in 1784, laid out warrants based upon it, in 1785, reaching from a point east of milestone 2 nearly to 7.f The first one of these The Indian deed to the Proprietaries in 1768, heretofore quoted, limits them to the “ west side.” f See VI, Appendix G. 102 [Senate begins at the “ Birch” which was his two-mile tree, and which undoubtedly was identical with the “yellow Birch,” the remains of which were identified in 1877. The north-east corner warrant in Pennsylvania was surveyed by Mr. Palmer in October, 1786, “ Be- ginning at the Stone set for the N. E. Corner of Pennsylvania.” The two intermediate warrants were surveyed in 1794 by Anthony Crothers. West of the warrants surveyed by Palmer, separated from them by a narrow warrant of recent date, are four warrants which although surveyed in 1793, there seems to be no question, were also based upon the Palmer line. These warrants formed part of the “Drinker Stamicca Tract” which was surveyed and re-subdivided some forty- five years ago by John Boyle, the Palmer line being then taken as the north line of the tract. A portion of this line was held to the exclusion of New York proprietors until within about twenty years. In Henry Drinker’s Journal, in the possession of the Historical Society of Pennsylvania, we find this entry relating to these lands. “June 5, 1788, went out with John Adlum to survey some land bounded by the State Line & lies between Susquehanna & Delaware. We went over some very good land but there are some parts of it which are very stoney.” A very accurate description. Still farther west, upon the west bank of the Susquehanna near milestone 13, the warrant of Wilcox Phillips was surveyed in Sep- tember, 1784. Palmer’s line, run in June of that year, terminated ... upon the east side of the river, and this warrant was in another sur- vey-district, but it is quite probable that the deputy surveyor extended Palmer’s line west and based his survey upon it; and it is also prob- able that he continued the line west to the second intersection of the river, as all the warrants adjoining the Boundary, nine in number, were surveyed within a week after the Phillips warrant. Thus it is quite apparent that most of the early Pennsylvania land surveys upon the eastern twenty miles of the line projected beyond the present bounds of the State. The survey of the Hooper 2,000- acre tract, which lies a mile and a quarter along the Boundary, in each direction from the first intersection of the Susquehanna, by General Clinton, at the time he was engaged in running the line, probably settled the title at that point. But east of this, we have reason to believe that the New York surveys, of several small patents, were also based on the Palmer line, and that from some cause the “milestone line” had been lost sight of until a compara- tively recent period. The most easterly tract upon the north side is John Carpenter’s Military Location surveyed in 1796, which begins “on the west side of the Delaware Biver at the monument erected for the north bounds of Pennsylvania ” and runs along “ said north bounds a true west course” 150 chains. Adjoining this upon the west is the Delaware tract which was subdivided in 1820, the south- east corner of which is at the “yellow birch ” which is supposed to be George Palmer’s two-mile tree.* West of the Delaware Tract is * No tree is mentioned in the survey of Carpenter’s patent. No. 71.] 103 the Edgar patent, granted to make up a deficiency in the Edgar Tract in the south-east corner of Tioga county, New York. The date of the surveys upon this patent is unknown. It was subdivided by Stephen Dexter, who made no note of any milestones. Adjoining it upon the west is the J. Watts deficiency patent, surveyed in 1811 ;* beyond this the Cooper 300-acre tract surveyed in 1831; and between the latter and Hooper patent before referred to, is the third tract in Windsor, subdivided in 1819 by William Made# u re. Well-defined corners in the Watts patent have been identified upon the Palmer line; and upon the third tract in Windsor, one lot near milestone 10 had been cleared to the Palmer line, along which a stone wall had been built, which still remained at the time of the reconnaissance in 1877. Thus there is apparently a gore of land along the north side of the Boundary for more than ten miles which the State of New York has never conveyed, although it is occupied at many points by adjacent owners on the north. Between the Hooper patent and the Bingham patent, at the second intersection of the Susquehanna river lie, the First Tract in Windsor, which was subdivided by William Macclure in 1819; the Nichols Patent, the south-east corner of which is at milestone 15, granted to make up a deficiency in the Nichols Tract in Tioga county ; and a small tract of State land subdivided in 1815 by William Macclure. The sur- veys of these tracts so far as is known were based upon the present Boundary. Macclure mentions only milestone 15 in his survey of the First Tract, at the south-west corner of the tract. He may have run at random for the State line as he did for the east and west lines of the tract, as they were found to interfere with the tracts east and west of it. In 1841 Eli Nichols was sent to re-survey the east tier of lots adjoining the Hooper and Garnsey patents. Instead of begin- ning at the State line, lie commenced at the north end nearly three miles from the Boundary and his survey carried him sixty feet south of the latter when he reached it. The south end of the Hooper, Wilson and Bingham patent, at the second intersection of the Sus- quehanna river, was a military land warrant for 3,000 acres, located and laid out in 1775 for John Trotter, a British officer, by Robert Lettis Hooper. It was based upon a random line designated “Northern Boundary of Pennsylvania ” which was run parallel with the north line of the tract (the cession line as run east from Owego, in that year, by Flooper). At this point this random line was prob- ably a little north of the present boundary .f This particular land warrant w r as laid out 100 chains in each direction along this line from Snake creek. This, and a number of other military land warrants laid out at the same time along the river in the present county of Broome were all assigned to Robert L. Hooper, and were consolidated into one warrant in 1785, and in 178G were patented to * This was laid out, Wm. Macclure to make up a deficiency in the Watts tract in the present towns of Colesville, Kirkwood and Windsor, Broome county. f See sketch No. 9 for approximate location of this line. 104 [Senate Hooper, Wilson and Bingham. The center of the south end of the consolidated warrant, upon the re-survey, was considerably east of Snake creek. The subdivision surveys near the State line were made by Moses B. Cook in 1796. Between the second and third intersections of the Susquehanna river, two distinct random lines seem to have been run before the State line was officially fixed, that run by Robert R. Hooper, mentioned above, the other probably that shown upon George Palmer’s map. It is doubtful, however, if the Hooper line was run through from river to river. We have seen that a long line of Pennsylvania warrants surveyed in 1784-6, reaching nearly thirty miles, were apparently based upon the line shown upon Palmer’s sketch, and are described in the returns as being bounded on the north by the “ State of New York ; ” * while a line of warrants from three-eighths to one-half a mile wide had since been surveyed north of these. In the Wap- pasening Valley near milestones 50 and 51, a warrant granted to William Bradford, 9 May, 1774, on the “ Waters of Mughcaango or Red Bank Creek,” f and surveyed in August of that year, was found to project some distance north of the State line; and a war- rant granted to Samuel Morris, Jr., the same date, was laid out almost entirely in New York. The latter warrant was afterward abandoned, and a new one was issued at a more recent date, covering the narrow strip which remained in Pennsylvania. Upon the New York side, Robert L. Hooper in 1774 laid out adjoining the left bank of the Susquehanna river, mainly in the present town of Nichols in Tioga county, four military land war- rants. The warrant for Phineas Atherton was based upon the line designated “Northern Boundary of Pennsylvania,” and extended 220 chains along it east from the river. This warrant was entirely south of the present State line ; a portion of one or two others pro- jected beyond the present boundary also. These tracts were con- veyed by the warrantees by deed to Hooper,;): and after the Revolu- tion the portion remaining within the State of New York was subdivided by him. Between these military locations and that at the second intersec- tion of the river lie two towns] lips of the “ Lands purchased by the state of New York from the Oneyda and Tuscarora Indians ” at the treaty of Fort Herkimer in 1785. These townships were laid out upon paper, based on the north, east, and west, upon the surveys of the Hooper and Coxe patents, which separated them entirely from the remainder of the purchase. The original map shows the town- ships cut up in mile sections, but they were sold at public vendue in 17b6 in four tracts each. * Three or four of this tier of warrants, in Bradford county, surveyed after the present State line was run, are bounded north by the “ supposed State of New York.” f In the return of survey of William Butler’s military warrant just north of this in New York this stream is called “ Wapascinning or White Stone Creek.” X Deed Book 23, Office of Secretary of State, Albany, pp. 294-5. No. 71.] 105 The first and fourth tracts in township No. 6 , “ Sidney,” were sold to Nicoll Floyd; the third tract to Nicholas Fish, by whom it was assigned to Robert Morris, who after receiving the patent con- veyed it to Judge Cooper of Cooperstown. Abijah Hammond took the second tract. Between his patent and the State line was a gore apparently not included in his purchase : Edward Suffern of Ramapo was the original proprietor of this gore, a map of which was made in 1848 by the late William Wentz. In township No. 7, “ Hambden,” the first and second tracts, in Tioga county, and fourth tract, in Broome county, were sold to Nicholas Fish, by whom the certificate was transferred to Robert Morris, who received the patent. These three tracts afterward came into the hands of Ilenry Nichols, and have since been known as the Nichols Tract. Gen. Alexander Macomb took the third tract, in the south-east corner of Tioga county, which was afterward known as the Edgar Tract, from a subsequent owner, who conveyed it in 1817 to James Pumpelly, by whom it was re-subdivided. When Nichols took possession of his purchase and commenced his surveys, he found that his three tracts would extend into Pennsyl- vania, and in 1810 he called the attention of the Commissioners of the Land Office to the matter. Under their orders William Mac- clure was directed by Simeon DeWitt, the Surveyor-General, to examine into the alleged claims for deficiency. Mr. DeWitt’s letters are still extant among Macclure’s papers in the hands of M. R. Hulee, Esq., of Deposit. From Mr. Macclure’s notes and a sketch found in the State Engineer’s office, it seems he found that by the paper surveys upon which the sales were made, the south line of the townships would be considerably south of the State line, and not parallel with it.* * * § Surveyor-General DeWitt, in a report upon the application of John Watts, for compensation for deficiency in a patent in another part of the Indian purchase says, “The Indian Purchase of 1785, of which this tract forms a part was by law directed to be divided into Town- ships and Quarters on maps only without actual surveysf and thus to be sold ; to provide for the inaccuracies which would necessarily result from such an uncertain mode of procedure, the 14 th Section of the 32 d chapter of the 12 th Session was enacted especially.”;): In making these maps, Hooper’s location of the boundary in his sur- veys in 1774, had doubtless been accepted as authentic. The first and second tracts in Hambden, owned by Henry Nichols, were found deficient about 3500 acres in consequence of this inter- ference ; the third or Edgar Tract, fell short over 1200 acres, § and * See sketch No. 10 for approximate location of this line. f Section 2. chapter 67, Laws of 1786. Chapter 103, Laws of 1787, was passed to correct this loose method ; meanwhile the Indian purchase had been sold under the former law. \ Laws of 1789. The Watts Tract in the south-east part of Broome county was granted as an equivalent in this case. DeWitt’s reports, as well as all the pro- ceedings in these cases, will be found in the minutes of the Commissioners of the Laud Office. § The claim for deficiency in the Edgar Tract was not made until 1817. Minutes of L. O. No. 5, p. 398. [Sen. Doc. No. 71.] 14 106 [Senate the fourth tract 250 acres. The third tract, in Sidney, owned by Judge Cooper, was also found deficient about 300 acres. Lands were granted in the south-eastern part of Broome county under acts of the Legislature, passed 5 April, 1810, and 3 April, 1811, and Mac- clure was directed to survey them.* No claims seem to have ever been made for deficiencies in the remaining three tracts in Sidney. The interference here was very much less than along the township of Hambden. The later subdivision surveys of most of these tracts, as well as those of the Hooper patent west of them, were based upon the State line, and the milestones were generally noted. But little is known of the details of these re-surveys. The second tract in Sidney was surveyed in June, 1787, by Nicoll Floyd. In Pennsylvania, west of the third intersection of the Susque- hanna, in the last purchase from the Indians in 1784, the surveys seem to have been carried on with a little more system than in the older purchases. The system of land subdivision in vogue in Pennsylvania is at best a crude one. Over three-fourths of the State are spread tens of thousands of detached farm surveys practically independent of each other. A warrant for the survey of each parcel has been granted, to be located, possibly at the option of the warrantee, upon any unappropriated land belonging to the Proprietaries, to be sur- veyed by the deputy surveyor of the district. The returns of the surveys of these detached parcels are made upon separate slips of paper, and until within a few years the only records of the land surveys of the great State of Pennsylvania were contained in these innumerable slips, many of them nearly worn out from frequent examinations, filed away in bundles in the pigeon-holes of the Land Office. Numerous interferences of surveys in various sections of the State has been the result of this loose system, and gores of un- appropriated land have frequently been found between warrants which, from the records, appear to join each other. As an instance, Josiah Lockhart received two warrants for about 1,100 acres, each dated 17 May, 1785. These were located and surveyed by William Maclay in August, 1785, a year before the State line was run and the returns were made. They extend nearly four miles along the Boundary. These were bounded on the north by the “ Temporary Line of York State.” The west oue of these embraced the Cowanesqua Flats upon which the vil- * Mr. DeWitt’s letters to Macclure, aside from the business in hand, are quite interesting. Among other things which he discusses, is the variation of the needle, as follows : % “Concerning the daily variation of the magnetic needle all we know is that it exists, that it commences in the forenoon and acquires its maximum about that time in the afternoon when the heat of the day is greatest and after that diinin islies till at night it becomes nothing. I have observed it to amount to a full quarter of a degree. In warm weather it is greater than when the weather is cold. Hence it is supposed that the cause is the heat of the sun but in what manner it operates, we know not.” No. 71.] 107 lage of Lawrenceville stands. William Dewees was granted upon the same day a warrant which was not located until 1792, when it was laid out by John Adlum, adjoining the Boundary, beginning at the Fourth Latitude Stone and extending west over the Cowanesqua Flats, entirely within the west Lockhart warrant and embracing about half its area. A warrant for a re-survey of the latter was granted in 1814, which covered so much of it as was not absorbed by the Dewees warrant, which it incloses on three sides. The older warrants generally were not numbered, and to find the record of any particular parcel of land is a good deal like looking for a needle in a hay-stack. The present Secretary of Internal Affairs, under whose charge the Land Office is placed, while deputy secretary, a number of years ago, succeeded in initiating the transfer of these old warrant sur- veys from detached slips to record books. This is now gradually being accomplished, and in a few years the records of these old sur- veys will be in better shape for preservation and reference. In the last Indian purchase (of 1784) the lands of the Common- wealth were surveyed more generally in large blocks of warrants, although the return of each individual warrant was made upon a separate slip of paper as formerly. The territory was divided into districts by meridian lines based upon the State line, and these dis- tricts were assigned to various deputies. In the purchase of 1708, which embraced the eastern portion of the Boundary, Charles Stewart was the first deputy of a district which adjoined it. lie was appointed in March, 1769, as deputy of that part of the purchase west of the dividing ridge between the Delaware and Susquehanna. He it was who made the detached surveys in the Wappasening valley before the Revolu- tion. George Palmer, in 1773, was appointed deputy for Northamp- ton county, which then embraced the present county of Wayne. Palmer was continued as deputy surveyor more than fifty years. In 1785 William Gray was appointed deputy surveyor for Northumber- land county, which embraced that portion of the Boundary between Wayne county and the third intersection of the Susquehanna. Gray surveyed the warrants which were fictitiously bounded north by the “ State of New York.” He also laid out the range of warrants be- tween the first and second intersections of the Susquehanna, which encroached on New York territory. In 1792 the north part of the districts of Gray and Palmer was placed in charge of deputy surveyor Anthony Crothers, who laid out the warrants in Drinker’s “Starrucca Tract,” which lapped over into New York. Returning to the last Indian purchase. William Maclay* and Thomas Tucker were the first deputies appointed (early in 1785). Maclay’s district extended from the Susquehanna river to a line * Maelay was one of tlie commissioners first appointed by Pennsylvania to run a “ temporary ” boundary line in 1783. He was afterward U. S. Senator from Pennsylvania. 108 [Senate which strikes the Boundary west of milestone 97. Tucker’s dis- trict extended from this to a short distance west of milestone 108, the present east line of Brookfield, Tioga county. In 1792, these districts were consolidated and John Adlum and William Ellis were made the deputies of a district (No. 1) which extended from the Susquehanna river to milestone 115.* Maclay surveyed the warrants adjoining the Boundary in his dis- trict as far west as milestone 66, the Same year the Boundary was run. He noted the milestones and the Third Latitude Stone. He also laid out a warrant in that year in each of the valleys of Bent- ley creek near milestone 70, and of Seely creek near milestone 79. Two warrants surveyed by him in the Tioga valley the year before the Boundary was run, and the temporary line run by him across the Susquehanna and Chemung valleys in 1784, have already been men- tioned. Very few of the warrants along the Boundary in this dis- trict were surveyed by Adi urn. Tucker surveyed the warrants in his district along the Cowanesqua river, three or four of which reached to the Boundary, in the north-east corner, in 1785-6. He mentioned no milestones, although one of his warrants corners upon 102. Wil- liam Ellis surveyed nearly all the warrants upon the sections left vacant by Maclay in 1793-4 reaching from milestone 70 to 77, from 79 to beyond 87, and a long gore between the Cowanesqua valley lots and the State line, reaching from milestone 92 to the east line of Tucker’s district. He also laid out in 1794 all the warrants from a half mile west of milestone 100 to 108 with the exception of one laid out by Tucker in 1786. Three warrants in the north-west cor- ner of Tioga county, covering about three and one-half miles of the Boundary were surveyed by John Adlum ; here he noted milestones 112 and 115. A long irregular warrant granted to Robert Morris in 1793 was not surveyed until 1826. It embraces the valley of Troup’s creek, and extends nearly three miles along the State line in the north-east part of Brookfield, Tioga couuty. No note was made of any of the milestones, however. A number of small warrants at various points in the district were not surveyed until from 1827 to 1840, by the county surveyors of the counties in which they were located. In these comparative!}' recent surveys the positions of milestones are noted, and adjacent warrant corners are referred to them. West of milestone 115 the territory was at first divided into nar- row districts and the deputies designated. But these were reorgan- ized and deputies appointed who made most of the final surveys in the northern part of the State. John Broadhead, 10 April, 1792, was made deputy fordistrict No. 2, extending from milestone 115 to 140. He surveyed all of the northern part of his district except the north-west corner warrant, * John Adlum had in 1791 run the west line of the Phelps and Gorham Pur- chase in New York. He made the surveys of the reservations in the north-west- ern part of Pennsylvania in 1789, for which he received £175, 8s $d. (Col. Rec., xvi, 109.) He probably was engaged upon the resurvey of the Bingham estate. No. 71.] 109 which was laid out in 1805 by Win, Ellis; and a narrow gore reach- ing from a short distance west of milestone 132, nearly 5^ miles along the State line, the warrant for which was granted in 1793 but which was not surveyed until 1845, by a special deputy surveyor, who made no mention of any milestones in his return.* John Canan was appointed 11 April, 1793, deputy for District No. 3, between milestones 140 and 160. William Bingham was granted warrants for the land in this district west of the north-west corner of Potter county, with the exception of one warrant in the north-west corner of the district, and his warrants were surveyed by Canan in June, 1794. The north-west corner warrant, which embraces the valley of Indian Creek, was not surveyed until 1807, by Wm. Foulke. The north-eastern warrants in Canan’ s district were surveyed in 1805 by James Johnston. None of the returns mention any milestones. James Hunter’s district, No. 4, extended from milestone 160 to the east line of Brady’s district, which intersected the Boundary near milestone 177. Hunter surveyed all the warrants in the north part but mentions no milestones in his returns. The western tier of warrants in this district was taken up by Wilhelm Willink of the Holland Land Company. Wm. R. Brady, 18 April, 1792, was given District No. 5, reaching 14 miles west along the Boundary to a point beyond milestone 191. The warrants east of the Allegany river were granted to Robert Morris, and those west of the river to John Dorsey. Brady in his surveys commenced some miles south of the Bound- ary and worked north, laying off his tiers of warrants one mile wide until he thought he had gone far enough, and then stopped. The warrants east of the Allegany river were surveyed in 1793, and those west of the river in 1795. He evidently did not undertake to find the State line, but stopped at random. In consequence he laid out the north tier of warrants covering a distance along the Bound- ary over fourteen miles, almost entirely in New York ; nor was the north line of this tier of warrants made continuous across the river. In the section east of the river where the original timber is still standing, at some points the warrant line may be clearly traced a short distance south of the Boundary. At one point in the recon- naissance, we found our random line following close upon it. The plain line of marked trees which we had unconsciously approached was at first taken as the State line, until a milestone was reached and several witness trees of the Holland Land Company’s surveys identified, about one hundred feet farther north. The owners of the infringing warrants east of the river finding them almost entirely absorbed by New York abandoned them, and as a consequence, the State Boundary not being a recognized property line, was entirely lost sight of for years, until the milestones were discovered in 1873 * This long warrant, or gore, was included in the re-surveys of the Bingham estate some thirty or forty years earlier, when all the milestones along its north line were found and located. They were all, with one exception, in place in 1878. 110 [Senate by the McKean and Warren County Line Commission. West of the Allegany an apparently wider strip of the interfering warrants was left in Pennsylvania. West of Brady’s district was District No. 6, all of which west of the Conewango was assigned to Samuel Nicholson. The land in his district, beginning at milestone 195 and reaching to the east line of the Donation lands, between milestone 213 and 214, was taken up by the Willinks, who were connected with the Holland Land Company in New York. These lands were all surveyed by Nicholson in 1796. He based his surveys upon the Boundary and fixed the corners of his north tier of warrants at the original mile points.* This is the only section where this was systematically done. Except in a very few in- stances, the original milestones seem to have been entirely ignored by the deputy surveyors upon their returns. If their field-notes could be found, these would undoubtedly exhibit much more com- plete memoranda than are shown in the returns. In the few instances where access has been had to the private notes of the original sur- veyors, they have been found quite full in detail. One great error in the Pennsylvania system was in not requiring the deputies to deposit copies of their field-notes. Robert Morris, who for a time owned the Phelps and Gorham Purchase, and the Holland Land Company in New York, did this, and in consequence a complete description of each line surveyed is accessible. John Adlum upon the map of his district, notes the milestones so far as his surveys and those of his predecessor follow the Boundary. Broadhead upon his map of district No. 12 shows them also. The surveys of the Donation Lands at the western extremity of the Boundary have already been referred to. Certified township No. 18, Athens, which was confirmed to the Connecticut settlers of the Susquehanna Company by the Compensa- tion Act of 1799, f was laid out in May, 1786, five miles square “ad joining the State Line,” by John Jenkins, who began “ on the north line of the Susq a Purchase one mile west of the Tioga Branch ” (Chemung R.). This survey was made a short time before the pres- ent boundary was run, and it is quite apparent from the plot of the township that the “ State line” referred to, was the temporary line laid out across the Susquehanna and Chemung valleys by William Maclay in 17S4. This township was covered by Pennsylvania Lottery warrants laid out by Maclay in 1785. Extensive blocks of warrants in Tioga, Potter and McKean counties held by individuals have been re-surveydd with much more care and detail than the original surveys exhibit. The principal estate, that of William Bingham, extended along the Boundary from a point be- tween milestones 111 and 112 nearly to 138, in Tioga and Potter * In his returns of surveys these are not referred to as milestones or mileposts, but simply thus “ 197 th mile,” etc. In some of the patents based upon the war- rant returns the word “ stone ” has been added. f See II, Appendix L. No. 71.] Ill counties, and from milestone 160 to a point west of 168 in McKean county. The field notes of the re-survey are deposited in the fire- proof Land Office of the estate in Wellsboro, Penn. They show that considerable pains were taken with the survey. Nearly all the mile- stones were found and noted. The re-surveys of the Keating Estate in the north-east corner of McKean county were made in 1801 and 1802 by Francis King and were entirely independent of the original warrant surveys, many of which have become obsolete. A portion of the tract was again re-surveyed in 1806, 1808 and 1810 by Thomas Lightfoot. The notes, which are in descriptive form, are deposited in the Land Office in Smethport. Abstracts from them, so far as they relate to the Boundary, will be found in Appendix J. In 1809, Dr. Robert H. Rose purchased about 100,000 acres in the north-west part of the Susquehanna county and north-east part of Bradford county, Pennsylvania. This purchase included most of the warrants which were bounded north by the “ temporary State Line,” and some of those lying between that line and the true line, and extended along the latter about thirteen miles. The tract was carefully re-surveyed and subdivided into small holdings under Dr. Rose’s direction. In the re-surveys many of the original warrant lines were disregarded. Most of the records of this re-survey were probably destroyed when the mansion of Dr. Rose, at Silver Lake, was burned in 1849. Enough are yet accessible to show that the surveys were very carefully made. The milestones upon the State line were all noted and the corners of subdivisions were referred to them. The Sobieski Ross estate in Potter county, embracing many thou- sand acres, some portions of which reached the Boundary, was re- surveyed at an early date, but the details of the surveys are not now accessible. In the State of New York adjoining the Boundary west of the third intersection of the Susquehanna, are first, the Wheeler Doug- lass Military Location reaching 200 chains along the Line from the river, to a short distance west of Milestone 59 ; adjoining this on the west is the Joseph Benedict Military Location patented to Gen- eral Thomas Thomas in 1789, the south-west corner of which is near Milestone 63. These were laid out by Moses De Witt,* brother of the Surveyor-General, in June, 1788. The interior subdivisions were made at a much later date. All the Milestones along the south line of these tracts were noted in the original survey, and at that early date were undoubtedly in good shape. No notice seems to have been taken of the Spanish Hills Monument at 60§ miles, or the Third Latitude Stone. These Military Locations and that of John Carpenter in the * Moses De Witt acted as Compasstnan in 1786 upon the Survey of the Bound- ary. He drew Lot 3, in the Township of Pornpey, for services in the Army, and settled upon it. 112 [Senate south-east corner of Broome county, were granted under an “Act for raising Two Regiments for the defence of this State on bounties of unappropriated Lands,” passed 20 March, 17S1, and “An Act for raising Troops to complete the Line of this State in the Service of the United States,” etc., passed 23 March, 1782. The Military Tract in Onondaga and other interior Counties in New York was granted under these laws. Between Benedict’s Location and the famous Eighty-second Mile- stone lies the allotment of the old “Town of Chemung” which was subdivided in 1788 by James Clinton, John Hathorn and John Can- tine, Commissioners, Moses De Witt being the Surveyor. The field-notes of this Tract are contained in Field Book No. 27, in the Office of the Secretary of State at Albany. This survey was made under a Concurrent Resolution of the Legislature passed March, 1788, appointing those gentlemen commissioners to settle disputes among the settlers (or squatters) upon the unoccupied lands in that section, and to subdivide and convey the land to them. They were also directed to organize the Town. In the survey, the river bottom lands were laid out in small lots frontingon the Chemung River, and reaching back upon the hills. For about half the distance along the Boundary, the State Line forms the rear boundary of a large num- ber of these lots. The high hilly land was laid out into larger tracts or lots, many of which were afterward subdivided into smaller par- cels. Among these adjoining the Boundary were James Watson’s Small Tract, reaching from Milestone 73 to 30 chains west of 78 ; and James Watson’s Large Tract, between Milestone 81 and 82. These were surveyed in 1819 by Herman Pumpelly and Robert Lawrence, and the field-notes are in the possession of ITon. John Arnot, Jr., in Elmira ; Large Lot 144 east of W atson’s Tract has also been subdivided into small lots. In the original survey of the Township, the Mile- stones were all noted ; some of them were made the corners of Sub- divisions, and the corners of other subdivisions were referred to Milestones; so in the survey of the Watson Tracts. The survey and acts of the Commissioners were confirmed by the Legislature the next year. (Chap. 4, Laws 1789.) From Milestone 82 to a point 1,461J feet east of Milestone 127 lies the celebrated “ Phelps and Gorham’s Purchase ” reaching from the Boundary north to Lake Ontario.* This Tract was subdivided by leridian lines into seven Ranges, numbered from the range was divided into Townships, Township 1 in each Range adjoining the Boundary. The meridian lines were originally run in 1788 by Hugh Maxwell, and the next year, assisted by Augustus Porter, he ran the lines subdividing the Ranges into Town- ships. The notes of these surveys are inaccessible, and probably not extant. Of the lands adjoining the Boundary, Phelps and Gorham sold Township 1, Range 2, to Col. Eleazer Lindley, 13 August, 1789, and in approximate n East, and each See I, Appendix L. No. 71.] 113 November, 1790, transferred the remainder to Robert Morris. The meridian and Township lines were carefully re-surveyed throughout the entire tract in 1792 by Thomas Davis, Eobert James, and Frederick Saxton, under the general direction of Major Adam Hoops of Philadelphia. Major lloops was a member of the staff of Gen. Sullivan, during his raid into this territory of the Senecas in 1779, and it was upon his representations of the fertility of the country that Morris was induced to become so extensive a purchaser of lands in Western New York. Very full notes of the re-surveys were kept, transcripts of which are in the land office at Bath, Steuben county. In these surveys the State line was not retraced, except for short intervals for the purpose of referring three of the Range lines to the nearest milestones; the eastern three Eange lines commencing directly at Milestones 88, 94, and 100. The west line of the tract was run in October and November, 1791, by John Adlutn. His record of this survey opens as follows : — “ October 17 th 1791 Began a Survey of the line dividing the land of Gorham and Phelps & the Indians. Beginning at the forks of the Genefsee Eiver at an Elm marked O. P. on the East side. 1 st Mile On the Nights of the 15 th & 17 th of October by accu- rate observation of the Pole Star’s passing the Maredian found the Magnetic variation to be five Minutes East,” etc. He took frequent observations for variation, which at the south end of the line he found 0° 45' west. On the eighth of November at 51 miles and 293.7 perches he struck the State line and made this note: — £ ‘NB, when I intersected the Pennsylvania line set up a post and marked the two nearest Beech trees with the Number of Miles & ps from the forks of the Chenefsee.” This point is now wholly unmarked even by a fence. He measured east on the Boundary 244.4 perches to Milestone 126. The corner is 22.14 chains east of milestone 127 , according to Augustus Porter’s preliminary survey of the Holland Company’s Lands in July, 1798. Interior lines were run through some of the Townships in 1792. Major Hoops’ certificate to the record of the field-notes is as fol- . lows : “ The above are the Contents of Sundry Townships and Tracts of land in the County of Ontario & State of New York sold by Mess' -3 Gorham and Phelps to the Honorable Eobert Morris esq r . the several surveys were made by the persons whose names are herein before mentioned and their field Books & Notes — reference being had thereto as directed in the Margin at A. B. C. D. E. will shew the Surveys of the particular Townships & Tracts. “Returned at Philadelphia in the State of Pennsylvania this Fourth day of February Anno Domini 1793. The Contents being as above written in figures One Million two hundred and sixty four thousand and Five hundred and Sixty nine Acres One Rood and ten perches “ Signed A. HOOPS Surveyor.” In April, 1792, after Major Hoops had commenced his surveys, [Sen. Doc. No. 71.] ’ 15 114 [Senate the Tract was sold by Robert Morris, through his English agent, to Capt. Charles Williamson, the agent for a syndicate composed of Sir William Pulteney, John Hornby, and Patrick Colquohoun. Major Hoops completed the surveys under the direction of Capt. William- son. In March, 1801, the transfer was perfected by conveyance by Capt. Williamson to the individual members of the Syndicate, the land along the Boundary being taken by Sir William Pulteney, by whose estate much of the lands have since been conveyed in small of the Townships were subdivided into lots, and others were conveyed in large Tracts. Of the latter, adjoining the Boundary, the Carroll Tract in the South-east corner of the Purchase, acquired in 1814 by Charles Carroll was not subdivided until a comparatively recent date. A narrow strip in the center of Township 1, Range 4, was conveyed to John Hornby in October, 1806, and was subdivided into lots by him. The whole of Township 1, Range 6, was purchased in 1795 by Walsh and Staats and by them sold in smaller Tracts. Wm. Cooper purchased the east half of this Township and in Dec., 1806, conveyed it to Golclsbrow Banyar, for whose heirs in 1816 it was subdivided into lots by Major Zeplion Flower. Major Flower located all the milestones along the south end of the half Township.* A map of the tract was made in 1842 by William Wentz of Bing- hamton, by whom many of the lots were re-surveyed. The south-west quarter of the Township was conveyed to Sir Edward Ellice ; when it was subdivided is unknown. Squire Whipple made a map of it in 1871, upon which some of the milestones are shown. The remainder of the south tier of Townships w r as subdivided into small lots by the Pulteney Estate. Township 1, Range 1 (except the Carroll Tract) was surveyed in September and October, 1818, by Wm. FI. Bull. Townships 1 in Ranges 3 and 5 were subdivided in 1794 and 1796 ; they were afterward re-surveyed, Range 3 by Wil- liam H. Bull in 1818, and Range 5 by Christopher Hulbert in 1810. Township 1, Range 4, excepting the Hornby Tract was surveyed in 1819 by -Fames Reed ; and Township 1, Range 7, in the south-east corner of Allegany county was surveyed by Major Moses Yan * Major Flower’s notes are still in existence in the possession of his grandson, Z. F. Walker, Esq., of Athens, Penn. With reference to this survey he says: This is the 3 d time these lands have been surveyed. Esq. Backus began at the 115 milestone which was 28 C. 60 L. too far East as Mr. Cameron said (the Land Office agent at Bath) but I find the old corner was 28 C. 30 L. West of the 116 milestone. I had a plan of the first Survey, but neither it nor the field notes gave any place of beginning. After going to the Land Office & obtaining all informa- tion I could, Mr. Ford thought best to make use of Esq. Backus survey as possible, but when I measured the lots I found some much wider than others, and after using 2 days to very little purpose, I concluded to run the cross lines anew. In tracing the State Line I found the S. E. cor. of the town 28 c. 30 1. West of the 116 milestone, and a line running N 2° E about 24 years since as grains of the growth showed. Also I found a cor. 18 c 75 1. west of the 119 milestone and a line running N. 2° E. about 12 years old. Said cor. being so near the center of the town I thought best to make use of it and line as the west bounds of my Survey. From the 118 milestone I find a line running from it 24 years old.” parcels. Some No. 71.] 115 Cauipen, who noted all the milestones along the south line. In some of the other Townships no attention seems to have been paid to the milestones. Col. Bindley, who purchased Township 1, Range 2, settled upon his tract in 1790, on the Tioga Flats near milestone 90. The Town- ship was never regularly subdivided into lots, but was probably con- veyed in long narrow timber-lots reaching in each direction back from the Tioga River ; a large proportion of the Township west of the River, adjoining the Boundary, being held until after his death, when it was subdivided among his heirs in 1S29 by Michael B. Thorpe. In his survey he made note of the milestones and the Fourth Latitude Stone on the left bank of the River. Phelps and Gorham’s Purchase from Massachusetts in 1787. originally embraced all the land in the State of New York, along the Boundary, west of Milestone 82, but the portion west of the tract since popularly known by that designation, was abandoned by them before the Indian title was extinguished. It was reconveyed by Massachusetts to Robert Morris in 1796, and after reserving a tract 12 miles in width along the Boundary, he conveyed the remainder to the Holland Land Company. He divided the Reserve into two Ranges, and these into Townships six miles square, which were cut up into mile square sections. Whether these sections were all of them marked upon the ground is not known. It is probable that they were only marked upon the outlines of the Townships, the in- terior lines not being run, as was the case in the Holland Land Com- pany’s Purchase. The Ranges were conveyed in Large Tracts irrespective of the Township lines, and these tracts were re-subdivided at the option of the purchasers. The Willing and Francis Tract in the south end of Range 1 was cut up into lots of about 160 acres each, the field notes of which are lost, and the Sterritt Tract in the southern extremity of Range 2 was subdivided into lots of about 108 acres each, by whom is unknown. The Holland Land Company placed its surveys in charge of Joseph Ellicott, a brother of Andrew, and judging from his instruc- tions to his deputies in the matter of marking trees, he was as care- ful and accurate a man as his brother.* The initial survey was made by Augustus Porter who, “ July 5 th , 1798 Began at Gorham & Phelps South West Corner which is a post & Beech tree standing on the North Boundary line of Penn- sylvania which was set by John Adlum in Nov r 17'Jl. From thence measured West along the said North Boundary line ” setting mile posts at the end of each mile, and noting the Sixth Latitude Stone and all the milestones except 135 (which was discovered in the sur- vey of the Bingham Estate in Pennsylvania in 1806) until he had measured 12 miles, the width of the Morris Reserve, which point he reached 9 July.f Here he set a stake to mark the south-east cor- * See I, Appendix H. f See II, Appendix H for Extracts from Porte r’s.Field Book. 116 [Senate ner of the possessions of the Holland Land Company, ce & return about 40 perches on Line and encamp it being 1 oclock and very rainy.” The stake marking this important corner he afterward re- placed with a substantial stone monument which still remains undis- turbed. It stands upon a steep North-easterly slope south of the Honeoye Creek, about 150 feet above the bottom lands, and about a mile S. 45° W. from Alma Post Office and 3,958 feet west of Mile- stone 138. It is quite plainly marked on the east side: No. 1. S. W. Corner W est side : — south edge — Top — W. & J. Willink, S. E. Corner SA Pen Lat. 42° Mekidian 12 miles West of Yar 0° 15’ W 1798. G & P S. W. Corner From this monument a transit line was run north under Ellicott’s direction, by his brother Benjamin, as the eastern Boundary of the territory. This has always been known as the “ Eastern Transit Meridian.” Milestones were set upon it marked “ W. & J. W.” in addition to the number. The system of sub-division adopted by Joseph Ellicott was almost identical with that now in use in the surveys of the Public lands of the United States, the system of Ranges and Townships. It had been previously used by his brother Andrew in surveys of Govern- ment lands in Ohio. Who invented this simple and comprehensive plan is questioned ; by some it is ascribed to Gen. Wm. H. Harrison. Andrew Ellicott may probably be correctly credited with it. The entire tract was divided into 15 Ranges, bounded by Meridian lines reaching from the Parallel Boundary to the Lakes, and num- bered from the east. Ranges 1 and 2 were each 6 miles in width ; 3 and 4 were each 4 miles wide; 5 and 6 were each 6 miles. Range 7 included the “ Willink Strip,” and the lands, about 5J miles, re- maining East of Range 8. Ranges 8 to 15 were each 6 miles in width, and were consecutively laid off from the west, commencing at the south-west corner of the State. The Ranges were sub-divided into 6-mile Townships numbered from the south. The surveys of the Township outlines were made in 1798-9 by various-Deputies. Mile and half-mile posts, witnessed by three or four trees, were set, the original intention being to sub-divide the interior of the Townships into mile sections and quarter sections as is now done upon United States lands. The unit of sub-division finally adopted, was 360 acres, or 60 chains square. At the South-west corner of Range 6 was set a monument similar to that at the south-east corner of the Purchase. No. 71.] 117 It was found intact in 1879. It is marked East side : — West side : — HOLLAND LAND C° South West Corner Range N°. 6. W. & J. WILLINK R ge N° 7. South edge : — North edge : — P T N° 1 On top : — It is 548.4 feet east of Milestone 171. From this monument a transit line was run north to Lake Ontario, afterward known as the ‘‘Western Transit Meridian,” forming a correction line for the Township surveys, and separating the three Ranges (4, 5 and 6) allotted to the Holland Land Company proper, from a strip 113 (‘bains 68 links wide, belonging to W. & J. Willink, reaching from the State Line to the Lake, and known as the “ Willink Strip.” Milestones were set upon this Meridian also. West of the “ Willink Strip,” at the south-west corner of which was set a monument marked “ W. & J. W.” on the east side, and H. L. C° ” on the west, the Ranges were allotted to the Holland Land Company proper. The monument at the south-west corner of the Willink Strip is 1539.1 feet west of Milestone 172. Augustus Porter, when he had permanently marked the south- east corner of the Purchase, proceeded to lay out the territory allotted to Wilhein & Jan Willink, reaching 16 miles along the State Line, and comprising the first three Ranges, setting mile and half-mile posts, which were numbered from the south-west corner of Phelps’ and Gorham’s Purchase. At the 28 mile point (south-west corner of Range 3) he set a monument similar to that at the 12 mile point, marked on the east side “ and on the west side k * H. L. C°. Beg.” This monument was i 196.6 feet east of Mile- stone 155. It disappeared about forty years ago. After this he ran north on the west line of the tract. Upon the south end of Range 1, he noted Milestone 139 (without, however, giving its distance from the corner). He also located a tree which he designated as the “ 141 Mile-tree.” He found Mile- stones 144 and 155, and also a tree upon the Oswayo Flats, which he designated the 148 mile tree. The interior Range lines of the Willink tract were soon afterward run by Amzi Atwater. The south line of Township 1 in Range 4 was surveyed by Ware- ham Shepard in October, 1798, and he found Milestones 155, 157 and 158. The west line of the Township was run in December, 1798, by James Smedley. lid [Senate The south and west lines of Township 1 of Range 5, were surveyed by Richard M. Stoddard in October and November, 1798. lie found all the Milestones along the south line. Stoddard had previously, in June and July, surveyed the south and east lines of Township 1 of Range 13, upon which he made no note of any milestones; and also the south and east lines of Township 1, Range 8,* and re-sur- veyed the south line of the Allegany Indian Reservation. Upon the State Line here he found Milestones 178, 181, 182 and 185. The south line of the Sixth and Seventh Ranges were surveyed by Stephen Benton, Jr., in October, 1799. In order to find liis starting point, he re-surveyed the south lines of the fourth and fifth ranges, but upon the entire distance across the four ranges he makes no mention of any Milestones, although Shepard and Stoddard, a year previous had found nine, and Ebenezer Cary, in a re-survey of the Western Transit Meridian in 1799, had referred the monument at the south end to Milestone 171. James Dewey re-surveyed the south end of the “ Willink Strip” without finding either 171 or 172. These were afterward noted by the Surveyor who divided the “ Strip” into sections. Wareham Shepard, in June and July, 179S, surveyed the south, east and north lines of Township 1, and the north line of Township 2 in Range 15 ; upon the State Line “ be- ginningat a maple post in a heap of stones” at the south-east corner of the “ Erie Triangle” (no mention is made of a monument at this point), he ran east across the south end of the range and found the 221, 220 and 219 u Mileposts.” This was within the limit of the Donation District Surveys of 1785. In 1802 these “ mileposts ” were not found by John Cochran, the Pennsylvania Deputy, who was sent to investigate the interference of surveys. Shepard also surveyed, in July, 1798, the south and east lines of Township 1, Range 11 ; here he found the Eighth Latitude Stone and Milestone 200, and a beech tree marked 199 miles; and in July and August he surveyed the south and east lines of Township 1, Range 9, and made a note of Milestones 185, 186, 188 and 189. In July, 1798, Amzi Atwater surveyed the south and east lines of Township 1 in Ranges 10 and 14; and upon the south lines of both these Townships, he made no note of any Milestones. Nor did Jn° Elliott, who surveyed the south and east lines of Township 1, Range 12, in the same month. The west line of the Tract, the “ Meridian Boundary,” was re-sur- veyed by James Smedley from the South in July, 1798. He made its entire length 18 miles 50 chains, 91 links to a stake 39 links north of the initial Monument, 1 chain S9 links shorter than the distance given upon the map of the original survey. Smedley made no note of any of the original monuments except the Initial Monument, which he says was broken in pieces. *The line along this Township he ran from the west, and upon the first three miles, in his notes and in the record the description of the topography is reversed, the streams being made to run north instead of south, etc. No. 71.] 119 The original Surveyor’s lield-notes of the Township line surveys, surveys of .Reservations and Traverses of several roads and streams, are contained in 69 small memorandum books which were deposited in the office of the Secretary of State in accordance with an Act of the Legislature passed April 30, 1839. These little field-books were each verified before Judge Nelson, 12 April, 1841. The topography of the lines traversed is very well, al- though roughly, shown. The surveys, with the exception of the Transit meridians, were made with the compass. The variation of the needle is noted upon each township line. Most of them contain a certificate similar to this: “ Examined and corrected Jno. Thomp- son, Assistant Director & Surveyor, Massachusetts Pre-emption, August 8 th 1798.” The consolidated records of the Surveys of the several Ranges are contained in 15 Record Books certified by Joseph Ellicott, “ Surveyor for the Holland Land Company,” also deposited in the office of the Secretary of State. Abstracts from these Records are given in Ap- pendix H. The Townships were divided into Sections soon after. As be- fore stated, the unit generally adopted was 60 chains square. Town- ship 1 of Range 8, was, however, divided into Sections approxi- mately 80 chains square. The field-books of these surveys are quite barren of detail. The Township outlines w^ere not re-run, the outer section corners being located by measuring to the nearest mile or half-mile post. In rare instances, several milestones upon the Par- allel Boundary are noted. The section corners were generally wit- nessed as carefully as were the mile and half-mile posts of the pre- vious survey. Some of these witness trees still remain. These sur- veys were made by various surveyors, whose names are not now known, as they are not entered in the field books, except in occa- sional instances. Among them was William Peacock, who for many years afterward administered the affairs of the Holland Land Com- pany in Chautauqua County. The original field-books of the section surveys are in the possession of David E. E. Mix, C. E., of Batavia, N. Y. In 1847 James Sperry re-surveyed most of the sections along the Boundary upon Townships 1 in Ranges 4 and 5 of the Holland Land Company’s Purchase, Cattaraugus Co. He makes no note of any of the milestones, most of which must have been standing at that time. He marked new reference trees to the Section Corners, and in several cases when the original witness trees were still stand- ing (1878) the corners fixed from his witnesses and the original witnesses differ materially. The Field Book of this re-survey is in the possession of Hon. Geo. Yan Campen of Olean, N. Y. Recent Ex-i*arte Official Examinations of Portions of the Boundary. Before the general reconnaissance of the entire Boundary was undertaken in 1877, by the Joint action of the two States, but three 120 -[Senate or four official examinations of any considerable portions of the Line had been undertaken, of which we have any record. The first was in 1802, when Deputy Surveyor John Cochran was directed by the Surveyor-General of Pennsylvania to retrace the Boundary across the Donation Lands west of Milestone 213, which were surveyed in 1786 by David Watts, and were afterward found to encroach upon the Holland Land Company’s lands in Hew York. Cochran’s return was made in the form of a sketch of the line, showing the manner in which it intersected various warrant lines, which is pasted upon the margin of the Map of the District de- posited in the Land Office at Harrisburg The sketch bears the fol- lowing legend : “ A draught representing the manner in which the York line runs through and interferes with the surveys in the tenth Donation District, examined on the ground agreeable to the letter of instruction* from the Surveyor-General dated the 16th of Septem- ber 1802 by me John Cochran, D. S. To Samuel Cochran, EsqT, Surveyor-General.” Upon this “ draught ” the mile-points of the Boundary, within the limits of the District, are all marked but are noted as trees, no milestones being mentioned, although three “ mile-posts” — 219, 220 and 221 — were found by the Holland Land Company’s surveyor a few years previously. The Boundary line shown upon the u draught ” is also laid down upon the original map. It intersected the East line of the District, about five-eighths of a mile East of the “ 214 M. Tree.” The South-west corner of Hew York was 50 perches east of the “ 225 mile tree,” and the Horth-east corner of the District was more than three and one-half miles north of the Boundary in the East part of the present town of Clymer, Chautauqua County. Sketch Ho. 5 is compiled from the map and “ draught ” referred to, and shows the relation of the Horth-east portion of this tract to the State and Town lines. MaeClure’s examination of the interference of the four tracts in Hambden in 1810-11 may be classed in this category. The second examination was confined to that portion of the Boundary adjacent to Chautauqua County, Hew York, and was undertaken at the request of the Regents of the University by the Board of Supervisors of that County, in 1870. Hon. O. 1). Hinck- ley, of Clymer, one of the members of the Board, made a recon- naissance of the Boundary Hortb and East from the “Corner.” He confined himself mainly to the identification, so far as possible, of the positions of the mile and half-mile posts of the Holland Land Company’s Township Surveys of 1798, by means of the witness trees. He succeeded in finding and identifying, by means of old witness trees, a number of the points fixed by that Company’s Sur- veyors in 1798. Several of these points were made use of in 1884 in adjusting the western portion of the Parallel Boundary. He * This letter of instruction is not now to be found. It probably shared the fate of other documents in the destruction of the Erie County Court House by fire in 1829 . No. 71.] 1 21 also found tlie Eighth Latitude Stone at 195-^- miles, Milestones 200, 203, 204 and 208, and the remains of Milestones 195 and 201. Owing to the discrepancy of over 1,000 feet in distance between Milestones 192 and 195, Mr. Hinckley found none of the Milestones East of the latter. The Committee of the Board of Supervisors having the matter in charge made the following report, a copy of which, with Mr. Hinckley’s notes, was transmitted to the Regents of the University. “The undersigned Committee, to which was referred the duty of superintending the retracing of the State line, adjoining Chautau- qua county, for the purpose of ascertaining how many of the old land-marks and monuments remain, indicating the exact locality of said line, and are in condition to be recognized with certainty, re- spectfully report : ‘‘That for the purpose aforesaid, we have employed Otis D. Hinckley, Esq., Surveyor, and that under our direction he has com- pleted the said survey and has made his report to us from actual survey and measurement of every mile of said line, which report Proves conclusively that many of the old land marks and monu- ments still remain on the line, sufficient to identify with certainty the line as originally located, on both sides of the county. u In consideration of which, your Committee recommend to this Board, the propriety of requesting the State authorities, as soon as practicable, to take such steps as may be necessary for the erection of permanent monuments on said State line, on both the south and west lines of this county.” The expense of this survey was $396.55, which was paid by Chautauqua County. The County was afterward reimbursed by State Appropriation. The third examination w T as of the portion of the Boundary ad ja- cent to the Corner of McKean and Warren Counties in Pennsyl- vania. The Legislature of Pennsylvania in 1873 appointed a Commission composed of three gentlemen, Messrs. C. L. Knapp, of Corydon, Pa., G. W. Starr, of Erie county, Pa., and Mr. A. JD. Hamlin, of Smethport, Pa., “to re-mark and permanently fix the Boundary line between the Counties of Warren and McKean, and also to run and mark the State Line from the Allegany River East to some point where it is more plain,” etc. (Laws of 1873, page 673.) This Commission performed the duties imposed upon it during the suc- ceeding season. Mr. Hamlin acted as Surveyor for the Commission. Mr. Knapp we met immediately on our arrival at Corydon in 1878, and from conversation with him, and a sketch taken from the map filed by the Commission, kindly furnished us by Mr. Robert King, of Smethport, we learned that they went to a point about 1J miles West of the Allegany River, where by inspection of old marked trees, they satisfied thetmelves of the position of the Boundary, and ran East with the compass. They found by this means milestone [Sen. Doc. No. 71.] 16 122 [Senate 183, the existence of which was unknown to any one in that sec- tion. They also followed the Boundary as far East as milestone 178, finding that and all the intermediate ones. They also set a stone to supply the vacancy at 184 miles, and set substantial stones at the intersection of two roads. All the milestones found by them had been lost sight of for years, and but three of them are noted in the Field Books of the Holland Land Company. The Boundary was found to be much in doubt at various points, and the lines of occupation West of milestone 183 in the cleared valley of the River, were found to vary considerably from the Boundary as indicated by the milestones. The section of the Boundary which was explored by this Com- mission is entirely within Brady’s Survey District, referred to pre- viously in this report, in which the Pennsylvania Warrants were laid out without regard to the position of the Boundary, one tier overlapping New York lands nearly its entire width. During the Session of Congress for 1874-5, “ an act to authorize the Seneca Nation of New York Indians to lease land within the Cattaraugus and Allegany Reservations, and to confirm existing leases,” was passed. Section 2 of this act provides “ that the Presi- dent of the United States shall appoint three commissioners whose duty it shall be, as soon as may be, to* survey, locate and establish proper boundaries and limits of the villages of Vandal ia, Carrollton, Great Valley, Salamanca, West Salamanca and Red House within said Allegany reservation including therein, as far as practicable, all lands now occupied by white settlers, and such other land as, in their opinion, may be reasonably required for the purpose of such vil- lages. The boundaries of said villages so surveyed, located and established shall be the limits of said villages for all the purposes of this act.” Commissioners were appointed under this and were referred for instructions to the office of Indian Affairs in the Department of the Interior. In the course of their investigations they found that it was quite necessary that the outer boundaries of the original Alle- gany Reservation should be re-surveyed. In transmitting a resolution upon this subject, adopted by the council of the Seneca Nation, the commissioners say that they “ found difficulty in ascertaining the lines of the Allegany Indian Reservation according to the original survey made in 1798.” The Commissioners were afterward instructed to extend their operations to the outlines of the Reservation for the survey and restoration of the lines as established in 1798. The supervision of their labors was, in 1876, transferred to the General Land Office. The south end of this Reservation is bounded by the Parallel Boundary for 9,093 feet on both sides of the Allegany River. As all the line marks and witness trees had become obliterated and de- stroyed, the surveyor for this commission probably accepted the monuments set by the County Line Commissioners East of the river in 1873, as authentic, and used them in fixing the Line along the State Boundary. No. 71.] 123 Cylindrical iron monuments five feet long were set at each angle of the Reservation, of which there are 51. Those marking the corners upon the State Line were not set until after our reconnaissance in 1878. That at the south-east corner is in the center of a road 1783 feet west of milestone 183, and is buried so that its top projects but little above the surface ; it is 0.55 feet too far south. The monument at the south-west corner was but temporarily set and had been pulled out. But its place was readily identified in 1884-, and a granite monument set, the iron monument being reset at the north side of the other. The point at which it had previously stood was about two feet too far north. In August, 1881, before the work of final adjustment of the Boundary was commenced, the County Commissioners of three counties in Pennsylvania caused a reconnaissance of the Boundary adjacent to those Counties to be made, for the purpose of locating and identifying the intersection of the Town and County lines with the State Line. The surveys in Potter County were made by Mr. W. A. Crosby, the present Prothonotary. In Warren County, the present County Surveyor made the Surveys. And in Erie County, the service was performed by George Platt, Civil Engineer, of Girard, Penn. The late David Heise, of Wellsboro, at the request of the Commissioners of Tioga County, Penn., furnished extracts from the County Records for the same purpose, but no surveys were made. The Supervisors of the Towns of Kirkwood, Windsor, and San- ford. in Broome County, New York, caused surveys to be made for the location of the corners of those towns, which had never been fixed. Aside from these instances, none of the County or Town officials along the Boundary appeared to interest themselves in the question of the proper location of the line. Exception must be made in favor of Hon. O. D. Hinckley, for years a member of the Board of Super- visors of Chautauqua County, N. Y., and the present Clerk of the Board, who made the examination of the Boundary in 1870, along that County. His intimate knowledge of that section of the line was of material benefit in the settlement of obscure portions. 124 [Senate JOINT RECONNAISSANCE OF 1877-9. As was stated in the first part of this report, the examination of the Boundary under the) joint action of the two States was com- menced in 1877. Tuesday morning, nineteenth June in that year, at Hancock, Dela- ware County, N. Y.. in accordance with appointment previously made by the members of the Joint Commission, I met Col. James Worrall and Col. C. M. Gere, members of the Pennsylvania Boundary Commission, Dr. S. B. Woolworth, Secretary of the Joint Commis- sion, Dr. D. J. Pratt, Assistant Secretary of the Board of Regents, Mr. James T. Gardiner, Director of the New York State Survey, and Mr. Francis Blake, Jr., Assistant U S. Coast Survey. After a full consultation upon the subject of the projected re-examination of the Boundary, the entire party proceeded up the Delaware River about seven miles, to what is well known in the vicinity as Monu- ment Island, to identify, if possible, the points and monuments at the Initial Point, described in the report of Messrs. Rittenhouse and Holland in 1774, which is given in full in the former part of this report. Upon a careful examination of both banks of the river and consult- ation with a number of old residents present, it was quite evident that nothing could be identified, and that both monuments described in the report referred to, were lost. A copy of the “draught” re- ferred to in the report is shown in Sketch No. 2. The point A of the main land, upon which the original Commis- sioners fixed their instruments, could be quite readily defined. The bayou between this point and the island has, for a long time, been filled with soil and cultivated, but the outlines of the original island were thought to be distinctly marked. The distance, however, from the point A to the upper end of the island was found to be very much in excess of that given in the report, and there were evidences that a considerable portion of the upper part of the island had been, at some time, washed away by the frequent freshets in the river. The right bank of the river, which is a high bluff, at the base of a high hill, showed decided indications of the effects of freshets in washing away the banks, causing extensive slides. Parties pres- ent informed us that the monument originally set upon this bank had been washed away and had been picked up among the loose stone upon the shore of the river. It was carried down to a mill which is now in ruins. It is said to have afterward been brought back and set up out of the reach of the water. A number of old marked trees were found in the woods above the river bank, but these seemed to indicate that two or three dis- No. 71.] 125 tinct lines had been run, as the} T did not all seem to correspond with each other in respect to alignment. The most positive indication was upon an old beech stub, some twelve inches diameter, which stood upon the brow of the present bluff. This showed distinct u blazes” on both sides, made when the tree was quite small. The stub had for a long time been dead and decayed, and has since dis- appeared. The other marks in the woods were mostly of apparently more recent date. An examination at the point at which the Boundary crosses Sand Pond Brook Valley failed to develop any thing more positive than the remains of a yellow birch tree, referred to in tlie(N. Y.) patent of lot number one in the Delaware Tract, as the south-west corner of John Carpenter’s Location. This tree was undoubtedly that marked by George Palmer, in his temporary line of 1784, as the u 2 mile tree” and was, consequently, not in the Boundary of 1786. It was quite plain to the minds of all present that nothing definite could be settled upon as the Initial Point of the Boundary, and it was decided that the work of retracing should be commenced with- out delay, and that a careful line should be run from a known monument out to the river, to approximately fix the Initial Point. At Hale’s Eddy, the gentlemen comprising this party separated and returned to their homes, except Col. Gere, one of the Commis- sioners of Pennsylvania, who had been designated to act as Surveyor on the part of that State, and myself. A party was organized and active operations Tvere at once com- menced in the field. The facilities of the inhabitants along the line being very limited as to accommodations for the party, it was de- cided to establish head-quarters at hotels at convenient points, making definite contracts for quarters and subsistence. Finding also that opportunities for procuring adequate transportation to and from the line would be precarious, a contract was made soon after commenc- ing operations, with Jacob Tajdor, Esq., of Lanesboro, Penn., for the use of a suitable team and wagon. With one or two changes in the team, Mr. Taylor’s establishment, in charge of the same teamster, was made use of during each season in the field, with the exception of about a month in 1879, until the completion of the Parallel Boundary in 1884.* We took the field so soon after my appointment that no opportu- nity was had to examine Records or look for any field-notes, except amung local surveyors in the vicinity. Col. Gere had already spent two or three weeks upon the line, without an instrument, however, and had made some discoveries. The survey, as it was commenced, partook more of the character of an exploration with compass and chain than a finished reconnais- sance. The instrument used was a first-rate Stackpole Railroad Transit, which was handled by myself altogether during the entire *For the names of all parties who were connected with this Re-survey of the Boundary, see Appendix F, 126 [Senate reconnaissance. Longitudinal measurements were made with a new 66-foot steel chain divided into 100 links. At the start, the main object was simply to follow the line, which was supposed to have been carefully run originally, and to discover the successive mile- stones. No monuments being known East of Milestone 5, the first step taken was in running a random compass line East from that milestone upon a magnetic variation assumed from the results of observations made by Mr. M. R. Hulce, at Deposit, several miles north-west. This line was run out to the river and across to the bluffs on the opposite side, where an Astronomical Station was after- ward located. Milestone 3 was the only monument found at this time. Milestone 1 was not discovered until more than two years after. From Milestone 5 westward, random compass lines were run start- ing from the existing monuments as they were successively found. Notes were taken of all farm corners, and corner or line stakes, which were carefully located by offsets. A week or two of such work disclosed the existence of irregulari- ties in the line which even a compass could not follow. But a care- ful system of compass randoms was continued to Milestone 39, be- yond which the random lines were all run by transit without the use of the needle. The irregularities in the line were more clearly de- veloped by the transit work, some of them proving rather startling. The portion of the line which at first was retraced with the needle, w T as afterward, in 1879, entirely re-surveyed by transit. The field-work for the year 1877 closed a short distance west of Milestone 119, upon October 19. The Boundary was found to be so crooked and irregular that it was a constant problem to project transit lines which would follow it closely. When the random line was found to be diverging from the line, or where it was deemed more convenient to work upon the opposite side of the Boundary, the direction was changed or the line transferred by offsets; generally only one offset was measured, a rear signal properly located in the random line, was used as a backsight for a new line, the offset being measured at the instrument. Occa- sionally both rear signal and instrument were moved, and the offset at each carefully measured. Parallelism was rarely undertaken. By this means a close connection was kept between all the random lines run, the angular deflections in direction being calculated from the distances and offsets. This system was carried on over the entire line upon the preliminary survey. When the ground was favorable and the country clear, the transit lines were some of them quite long, and the deflection points quite a distance apart. When the country was rough and covered with timber, the changes in direction were made with shorter backsights and smaller offsets. By carefully connecting all the monuments, stakes, marked trees, etc., found, with random lines by offsets, a very close traverse of the Boundary was obtained, and all its irregularities developed. No. 71.] 127 Most of these upon the eastern half of the Parallel Boundary are comparatively slight, and might be attributed to the uncertainty of a Compass as an instrument of precision. The most apparent irregu- larities will be referred to in detail hereafter. The field-work in 1878 was commenced early in June, and was pushed forward until the entire Boundary, with the exception of the Wilderness section, was covered by the reconnaissance. The Wilderness section of the Boundary, between Milestones 168 and 183, was omitted by consent of the Joint Commission, in order that the Boundary along the more valuable and thickly settled country west of the Wilderness, could all be completed within the season. The South-west Corner of New York was reached the 11 th day of October, and turning north, the Meridian Boundary was retraced. Upon the 25 th day of October, the north end of the Meridian at Lake Erie was attained, and the w r ork of the season was suspended. The Wilderness section omitted in 1878, was undertaken and com- pleted in July and August, 1879. And later in the same season the eastern 40 miles, upon which the compass was used exclusively in the reconnaissance of 1877, was very carefully re-surveyed with the transit. Milestone 1 was found at this time, some 66 feeDsouth of the compass random of 1877. Astronomical Observations by the United States Coast and Geodetic Survey ; and Operations of the New York State Survey. In order to test the accuracy of the original astronomical location of the Boundary, the Joint Commission in 1877 requested the Su- perintendent of the United States Coast Survey to undertake a series of observations for Latitude at four stations at various points. Assistant Edwin Smith of the Coast Survey was detailed by the Superintendent to make these observations. The stations occupied in 1877 were “ Travis, 55 near the Initial Point on the Delaware; “ Finn,” near Milestone 20 in the Susquehanna Valley ; “Burt, 55 between Milestones 69 and 70, South-east of Elmira ; and “ Clark 55 5,480 feet East of the “ Corner. 55 Telegraphic observations for Longitude were also made at the first three of these stations. In 1879 the Joint Commission decided to request the Superin- tendent of the Coast Survey to undertake a series of astronomical observations at nine additional stations which were to be located at convenient points, to divide the Boundary approximately into Sec- tions of uniform length. These stations were : “ Little Meadows, 55 in the Apalachin Valley, at Milestone 39J- ; “ Waverly,” in the vil- lage of that name in the Chemung Valley, 860.8 feet East of Mile- stone 60 ; “ Lawrenceville, 55 at Milestone 90, between the Tioga and Cowanesqua .Rivers; “ Austinburg, 55 in the valley of Troup’s Creek, between Milestones 109 and 110; “ Genesee Valley 55 west of the Genesee River, 1,104.85 feet East of Milestone 129 ; “Ceres, 55 west of the village of that name, in the valley of Oswayo River, near 128 [(Senate Milestone 149; “Tuna Valley” at the Seventh Latitude Stone, upon the flats west of the Tunaunguant Creek; “ Corydon,” at Milestone 184 in the Allegany Valley ; and “ Sugar Grove,” about a mile north of the village of that name, between Milestones 203 and 204. The observations at these stations were all made by Assistant Smith. No observations were made for longitude in i879. The results of the observations for Latitude and Longitude are given in detail in Appendix D. Those stations which were occupied before or during the reconnaissance were carefully connected with its lines. A few of the others were afterward located and connected with the lines of the reconnaissance, before the commencement of the final work of adjustment in 1881. At most of the stations occupied in 1879 the observing party failed to leave permanent meridians, so that when these stations were reached, their connection with the Boundary could only be made approximately. Permanent meridians marked by monuments will be found at stations Travis, Finn, Little Meadows, Burt and Clark. The New York State Survey, before its suspension, had extended its system of triangles south across the State to the Boundary, and had established Primary and Secondary Stations adjacent to the Line as far west as Steuben County. Several of these stations are situated in Pennsylvania. At one point only has this Survey yet made a direct connection with the Boundary. This is at Station Warren in the north-east corner of Bradford County, Penn. From this Station the positions of Milestones 40, 41, 42 and 43 have been accurately fixed. The results at this Station are given in Ap- pendix D. It is to be hoped that this important public work may be resumed at an early date, and that by its means the positions of all the mile- stones may be as accuratelv known. Initial Point. Its Probable Position. The positions of these Stations formed a convenient division of the Parallel Boundary into Sections of about 20 miles, except that between Stations “ Waverly” and u Burt,” which is less than ten miles. This division into Sections will be made use of in describing the condition of the Boundary developed by the reconnaissance, the first section extending from the Initial Point to Station Finn. At the Initial Point, as was stated in the outset, no vestige of the original monuments was found. The Delaware River, where it is intersected by the Parallel Boundary, flows in a shallow current toward the south-east after having swept from the west and north around the peninsula which forms the arable portion of u John Carpenter’s Military Location,” the south-east point of Broome County. Upon its south-west bank are precipitous bluffs at the foot of a steep wooded mountain slope. These bluffs, or the probable alluvial flat at their base, being exposed to the erosive effects of every freshet in the stream within the last hundred years, have beien gradually under- No. 71.] 129 mined, until the monument which Dr. Rittenhouse and Capt. Hol- land placed upon the right bank, tumbled out many years ago, and has disappeared. This monument was of blue stone. This is the recollection of Mr. M. R. Hulee, who had seen it lying beside the River, when a youth.* Its probable site is discussed farther on. Upon the opposite side of the stream are broad flats, between which and the bluffs lies, for some distance, a bayou. Near the upper end of the flats are evidences of a former channel connecting the bayou with the river. Upon this flat, at that time an island, Messrs. Rittenhouse and Holland fixed the Initial Point of the Boundary in 1774, setting a monument to mark the point, as is stated in their report heretofore quoted. These flats are swept by the freshets of every spring, winch carry with them ice and logs and flood-wood with irresistible force, and the monument undoubtedly, early disappeared before the glacial action of one of these floods. The action of high water in the river during the past century has, without doubt, materially changed the form and appearance of the islands and shores, so that were the base of the monument still in exist- ence, it would be a difficult matter to find it, without digging over a considerable area of the island. Upon the low point of hard land which projects to the river bank just above the island, Messrs. Rittenhouse and Holland probably set up their Sector upon the “ beech stump cut high for ye observation.” From the right bank of the River, the Boundary passes quite diagonally up the steep mountain slope nearly to the summit, and then down into a deep gorge upon the west side of which Milestone 1 was found in 1879. One mile east of Milestone 1 is at a point some distance from high-water mark of the Delaware in the present channel, 132 feet west of its present center. It may be questioned whether the orig- inal surveyors commenced their measurements at the monument on the right bank, or at the probable center of the river. Judging from the present condition of things, not taking into consideration * Mr. Hulee, who is above the age of 80, and still active, is a native of Deposit his place of residence, about 7 miles above the Initial Point. The latter locality and all its traditions have been familiar to him from childhood. In a letter since this part of the report was written, he says, “ Your suggestion that the shore of the right side of the river extended out some distance from the base of the steep bank in 1774 is undoubtedly correct. The flat then extended farther down than now. Messrs. Rittenhouse and Holland say they made a heap of stones at high- water mark, and four rods farther west set up a monument; this monument stood near the foot of the steep bank or hill, where the river shore now is. It was of common blue stone. The one on the Island was of marble, brought up in a canoe by Rittenhouse. * * * * * In August, 1814, there came an unprecedented flood in the Delaware River, which swept off portions of alluvial flats and in- creased the width of the river at least one-quarter of its present width. The flood washed away the shore nearly to the second monument of Rittenhouse and Holland. A slide of earth some years after carried this monument a short distance down to near high-water mark, when F. Greenman set it up against a tree. About fifty years ago Newel Evans built a mill-dam across the river a short dis- tance below, and his workmen in gathering stone took it and put it in the dam, as I was told by one of the party who did it.” [Sen. Doc. No. 71.] 17 130 [Senate any changes which undoubtedly have taken place in the channel of the river in the past 111 years, it would seem as though the distances were measured from a point in the channel.* Sketch No. 7 exhib- its the outlines of the river banks and bluffs as they exist at pres- ent. From an inspection of the sketch, a clear idea may be formed of the possible change in the line of the channel since the point was fixed. Compare with Sketch No. 2. If the south-westerly bank of the river was originally as now, a high bluff underlaid with rock which reaches above ordinary high- water mark, the freshets would have made but a slight impression upon its outline. While the flood is confined within the banks of the river, the force of the current as it swings around the bend at the east end of “ Carpenter’s Location ” against the left or easterly bank, is deflected to the right and strikes the opposite shore just above the Boundary, but the water in this case is not high enough to have a very marked effect upon the bluff as it now stands, although at a point above the intersection of the Line the bluff shows recent effects of the erosion. And right at the intersection of the Boundary, since the reconnaissance, there has been consider- able slip in the face of the bluff from the undermining action of the water. When the freshets are at their highest, the high water spreads over the flats on the left bank, and the current is not thrown with full force against the bluffs on the other side. The main channel of the stream undoubtedly, at an early day, was through the present bayou north of Monument Island. In this case there was considerable flat land or lower ground in front of the bluff upon the other bank. The current of the river has gradually worn its way toward the right through the alluvial soil of the flat, and silt- ing up its old bed, formed the island upon which the first monu- ment was placed, and at the time the Initial Point was fixed (1774) a considerable portion of the flat may have remained upon the right bank in front of the bluff; or the latter may have sloped more gradually farther out into the present limits of the channel. This must have been the case. For, if the right bank of the river had at that time been a steep declivity as it now is, its slope would hardly have been selected as the site of the Initial Monument which Messrs. Bittenliouse and Holland say they placed four perches from the heap of stones at high-water mark. The distance along the line from high-water mark to the top of the bluff, within which there is now no stable site for a monument, is about 155 feet — nearly ten perches. Thus it seems highly probable that the western monu- ment Was set upon lower ground, which has since been entirely worn away by the river, and that the ash tree which they marked at eighteen perches farther west, was upon the high ground near the edge of the present bluff. *In the Act of the Pennsylvania Legislature confirming the survey, an ab- stract from which is given ur*on a previous page in this report, the statement is made that the milestones are marked with their distances from the stone on the “small island.” , s t JOHN HILLS’ HOUSE. Sketch No. 7. Delaware River NEAR INITIAL POINT ASTRONOMICAL STATION TRAVIS. "^LATITUDE 42°00' 02166 ±0" 14 N. LONGITUDE 75°2I’22"5 W. 0 0^ W Ami mm /auuiir//x\\\\\\\\i\i)i |„„ A1 No. 71.] 131 The survey of the north-east corner Warrant of Pennsylvania began at the Monument on the right bank of the River, and the distance of this monument from George Palmer’s “ 2-mile Birch,” according to the various intermediate warrant surveys, was 6351- perches (158.88 chains ; 73.9 feet less than two miles).* This dis- tance measured from the probable remains of the “two-mile birch” reaches into the present channel, as shown in the Sketch, to a point but 23 feet short of one mile east of Milestone 1 . It is perhaps useless now to speculate upon the reason why these important monuments were placed in such exposed positions. Under the present conditions monuments placed at corresponding points would hardly survive the vicissitudes of the first winter and sjDring The entire country being at that time covered with forest, it is probable that the extreme freshets of later days were unknown and that the appearance of the banks indicated greater stability than they have since shown. Condition of the Boundary as Developed by the Reconnais- sance. Between Milestone 1 and Milestone 5 nothing authentic was found. The remnant of old Milestone 3 was lying among the stone upon the surface of an abrupt rocky slope. The line fences and old cor- ners exhibited an uncertainty of direction attributable to the de- struction of the original marks. Upon the west side of Sand Pond Brookf flats, the land is owned upon both sides of the Boundary by one person, and is not indicated by fences. Near the left bank of this stream are the remains of the yellow birch which marks the South-east corner of the Delaware Tract. For some distance in either direction from this the fences, when there arc any, are proba- bly upon the Palmer Line of 1784. The general alignment of the First Section, as shown by the mile- stones, is quite uniform ; no very marked deflections being apparent at the various mile points. Milestones 5, 6 and 7 were found apparently undisturbed, except in the case of the latter, which had been badly shattered by the ac- tion of fire and falling timber. Between this and Milestone 10 the line through the open woods was only indicated by a few marked trees and occasional stakes, the Palmer line, a short distance north, being more plainly indicated where the original timber is standing. Between Milestones 11 and 15, which were both found in place, the fence line again exhibited an uncertainty of purpose, although the two monuments (almost the only intermediate monuments in ex- istence) at the intersection of the Susquehanna River, are very * The survey of John Carpenter’s Military Location in New York makes this distance but 150 chains, which would not reach down to the foot of the moun- tain slope west of the River. This distance is probably erroneous, and must have been intended as 160 chains. f Known in the early surveys as the “ Little Kookhoose River.” 132 [Senate nearly in line between the two milestones. From Milestone 16 to 19 was another blank interval, very fairly marked, however, by the fences. Milestone 19 seemed to have been disregarded by early New York surveys from the West, which to within 300 feet of the Mile- stone are marked by stakes and fences some 40 feet south of the line. A stone monument marking an old Pennsylvania corner, 165 feet west of 19, was found to be within a foot of the Milestone line. Milestone 20, upon the flats east of the Susquehanna River, was not found. Upon the Second Section, between Stations “Finn” and “Little Meadows,” the First Latitude Stone at 20f miles, and Milestones 23, 26, 33, 36 and 39 were the only original monuments found in place. Four others were found, but these had been pulled up and moved about, beyond the memory, of man. Other authentic points were found, especially in the long interval between Milestones 26 and 33, which were afterward made use of in adjusting the Boundary along this Section. These points were ; — a stone pile upon the high rocky summit west of the Susquehanna River, upon the probable position of Milestone 21. placed by County Commissioners of Susquehanna County under the supervision of Col. Gere, several years before the reconnaissance of the Boundary, to mark the corner of the towns of Great Bend and Liberty ; a small stone monument marking a Pennsylvania corner at or near the site of Milestone 28 : and a large stone firmly set in a large stone pile near the 31 mile point, which had for many years been recognized as a “ State Line Monument.” At the First Latitude Stone there is a quite perceptible bend in the Boundary to the right (north) and at Milestone 21 another, the two forming a deflection of one degree. At Milestones 28, 31, 33, and 35, the Boundary bends quite decidedly the other way. Upon the Third Section between Stations “ Little Meadows ” and “ Waverly,” all the Milestones except 42, 45, 56, and 58 were found undisputedly in place. Milestone 45 stood in the center ot a road and had been broken in pieces, but its site was readily identified. Milestone 54 had been broken down years ago but had been replaced with a more durable slab of rock. The same may be said of Milestone 47. A substantial stone monument marked with a cross, and some old field-notes of surveys of the Wheeler Douglass Military Location, made before Milestone 58 was lost, made the replacement of that Milestone a matter of no difficulty. At Milestone 40 upon the summit of a point of a high hill on the west side of the Apalachin Valley, a marked bend to the left (south) occurs beyond which for the remainder of the Section, the Milestones are in an irregular curve toward the right, bending quite perceptibly north of west at Milestones 54 and 55. The Fourth and Fifth Sections, between Stations Waverly and Lawrenceville cover the ground of the fourth section of the original survey, and will be considered together. Milestone 60, in the heart No. 71.] 133 of the village of Waverly, had been dug up and carried away, and the exact line through the village had been a matter of dispute. Milestones 63 and 64 had been pulled up and moved ; 70, 76, and 77 were entirely missing ; there was some doubt about the integrity of 79 and 80, although they were dually accepted as in place. The same may be said of Milestone 82, the monument upon which depended the surveys of millions of acres in Western New York. Milestones 83 and 87 had been lost, and 84 and 85 had been pulled up and removed ; and the Fourth Latitude Stone upon the left bank of the Tioga River had been washed out long since. The line through the village of Waverly was adjusted at once by alignment between Milestone 59 and an original monument at 601- miles. The line adopted was a curve having the normal curvature of the parallel of 42°. Monuments were set at each street intersec- tion by the village authorities, and Milestone 60 was replaced. The direction of the line through the village is North 89° 15' West (true) : a marked deflection to the left occurs at 60|- mile monument and another to the right at Milestone 61 on the right bank of the Che- mung River, so that the line west of the latter if prolonged East, would pass over ten feet South of the line through the village. The Boundary, between Milestones 61 and 89, consists of two somewhat uneven tangents joined between 75 and 81 by an irregular curve convex northward, flattened between Milestones 75 and 78 by the interpolation of a strait line. At Milestone 89, an abrupt deflection to the right (north), and at the site of the Fourth Latitude Stone, a deflection to the left take the Line across the Cowanescjua Flats. While the Boundary at either end of the two Sections is from 70 to 105 feet north of the Astronomical Parallel, in the middle at Mile- stone 75, its latitude as deduced from Stations Burt and Lawrence- ville is 42° 00' 09".53, or 965 feet north of the same parallel. Upon the Sixth Section the general alignment of the Boundary is more nearly west, with some irregularities. At Milestone 92 an abrupt deflection to the north occurs, and another nearly as great at 93. Milestones 95 and 102 were entirely lost ; 98 had been pulled up and broken in pieces; 100 had been washed out by floods in a small brook ; 107 had been displaced ; and the Fifth Latitude Stone had been torn from its place by floods in Troup’s Creek. No material discrepancies in the alignment are perceptible in the line of occupation in the vacant intervals. Some very marked unevenness occurs upon the Seventh Section between Stations “ Austinsburg” and “ Genesee Yalley.” At Mile- stone 117 an abrupt bend to the left (south) occurs and a similar one to the right at 120 ; and the line west of the latter produced east would pass 200 feet south of the Line east of the former. From Mile- stone 120 west, the Boundary is comparatively even in alignment, with a bend toward the right at 126. Milestone 111 was entirely missing, 116 had been pulled up and moved about; but an old Township 134 [Senate Corner, a short distance west, and the notes of Surveys of the Phelps and Gorham’s Purchase, afforded ready means for replacing it ; Mile- stones 118 and 123 had been pulled up and left upon the surface of the ground , and 126 had been dug out in working a road. Upon the Eighth and Ninth Sections, between Stations “ Genesee Valley ” and “"Tuna Valley,” and particularly the portion between Milestones 135 and 155, is the most irregular portion of the Bound- ary, and upon the crooked portion occur a number of vacant inter- vals. Upon this crooked portion also, in the valley of the Honeoye Creek in the vicinity of Milestone 141, the location of the Boundary had been in litigation, and was still practically unsettled. There is comparatively little unevenness between Milestones 129 and 135. Milestone 131 had been lost and 133 had been plowed out. A bend to the right (north) occurs at 135; a very abrupt crook to the left at 136, and another toward the right at the Sixth Latitude Stone at 1365. m ii es West of the latter monument, owing to a probable local magnetic error, the random line of the original Survey was thrown more than a degree too far to the South, resulting in the enormous error at the next correction station, of nearly five-eighths of a mile. The random line, owing, no doubt, to the local irregu- larities of the variation of the needle, was crooked and the crooked- ness was reproduced in correcting into the final . location. . Sketch No. 8 exhibits on an exaggerated scale the condition ot this portion of the Boundary. , ^ c Milestones 139, 140, 141, 145, 147 and 148 upon the Eighth Sec- tion and 149, 150 and 166 upon the Ninth Section were entirely missing ; 142 had been dug up in making a road, and afterward broken in pieces; 143 was found, in 1884, lying upon the surface of the ground; 146, 153, 158, 160 and 167 had been pulled up; 145 was found in place, in 1884, after a protracted search, and lo2 and 154 were also found the same year at obscure points. A very abrupt bend to the left (south) exists at Milestone 144, and as great a bend toward the right at 145. But one greater angle than either of these two exists upon the line, that at the Seventh Latitude Stone at the western extremity of the ninth section. Very perceptiWecrooks occur : to the left, at 148 ; to the right, at 148 and 150 ; to the left at 153 and 157 ; to the right, at 160 ; to. the left, at 161, and to the right a^ain at 164, the intermediate portions of the Boundary being tolerably regular. Devious and irregular fences at many points with duplicate lines of marked trees at others, added to the original uncertainty of the Line. Upon these sections, originally so crooked and with so many va- cant intervals, a number of authentic points were identified, which were afterward used in the final adjustment. These were: the stump of an original marked tree east of Milestone 131 ; the monu- ment at the south-east corner of the Holland Land Company s Pur- chase ; a witnessed stake at the District Corner (Penn.), the probable site of Milestone 140 ; a section corner west of 141 ; a stone monu No. 71.] 135 ment marking a Holland Land Company’s Section Corner upon the Oswayo Flats, 14 chains 10 links East of Milestone 118; the founda- tion of a church, the north face of which was placed 3 feet south of the line, in the village of Ceres, a short distance east of Milestone 119 ; an old corner-marked elm west of Milestone 150, and an ancient marked Hemlock upon the left bank of the Allegany River near 153. At the Seventh Latitude Stone, the western extremity of the Section, the Boundary deflects to the left (south) 1° IF, the great- est crook at any one point upon the Parallel Boundary. Upon the Tenth Section, after passing the Seventh Latitude Stone, the line is very nearly straight to Milestone 171, where there is a deflection to the right (north) of about one degree, beyond which, to Milestone 179, the general direction is slightly south of west with some unevenness of alignment. At Milestones 179, 180 and 181, the line gradually bends to the north of west by deflections of 30 to 44'. This Section covers the Wilderness portion omitted in the re- connaissance of 1878. Milestones 169, 170 and 177 had entirely disappeared, and 174 had lost its status. The remainder of the Mile- stones were accepted as in place. Two of the mile points of the Holland Land Company’s Survey were identified by means of the original witness trees, all of which were standing about one of the points, and two remaining at the other. These points were the 3 mile post upon the south line of Township 1, Range 7, and the south-west corner of the same township. From these, by means of the Holland Land Company’s Field-Notes, the positions of Milestones 174 and 177 were afterward fixed. The close proximity, at the south, of Brady’s Warrant line had contributed to the obscurity of the State Line between Mile- stones 177 and 183, and, in consequence, the intermediate milestones had been entirely lost sight of until discovered by the County line Commission in 1873. This obscurity may have been the means of their preservation. Along the Eleventh Section, from Station Cory don, the line passes, with a few minor intervening irregularities, with marked bends to the left (south) at Milestones 185, 189, 191 and 192, and toward the right at 194. At the Eighth Latitude Stone at 195^ miles, a deflection of about one degree to the left occurs, and at" 199 another to the right of about the same amount. Upon this Section only Milestones 184,* 188, 189, 192, 200 and 203 and the Eighth Latitude Stone were found in place. The dis- placed remnants of Milestones 185, 186, 187, 190, 191, 195, 196, 197 and 201 were found lying upon the ground. Several other authentic points were identified, which were after- ward used in adjusting the Boundary upon some of the vacant inter- vals. These points were : — the 4 Mile Post upon the south line of * Milestone 184 was a stone set up by the McKean and Warren County Line Commission in 1873 No original milestone was ever known at this point. The stone set up in 1873 was accepted, after a careful investigation 136 [Sknate Township 1, Range 10, 1107.75 feet west of Milestone 191, located in 1370, by O. JD. llinckley, from an original witness tree ; the sand- stone monument set by x\. T. Prendergast in 1871, at the 194 mile point ;* and the 2J mile post upon the south line of Township 1, Range 11, 286. 1 feet East of Milestone 199, located by Mr. Hinck- ley in 1870, from an original witness tree. Upon this section, an extraordinary discrepancy in distance in the original survey was discovered. It was first noticed in inspecting the field-notes of the Holland Land Company’s surveys across the south end of Range 10 (the east range of Chautauqua County) which was laid out six miles wide, none of the milestones are noted in the Company’s Field Book. Upon the south end of Range 9, Milestone 189 was located 1372.8 feet east from the south-west corner. On the south line of Range 11, the Eighth Latitude Stone at 195J miles is noted as 771.5 feet we^t of the south-east corner of the Range. Thus these monuments which purported from their marks to be 6 miles 660 feet apart, seemed to be 6 miles 2144.3 feet. Upon the reconnaissance this was confirmed. The distance between these two monuments measured 6 miles 2143.3 feet, a very close agreement with the Holland Land Company’s measurements. Milestone 192, the only one in place upon the south end of Range 10, was found in 1878. Its distance from 189 is 3 miles 376.5 feet, still leaving be- tween 192 and 195, the extravagant surplus of 1106.8 feet across the Conewango Yalley, the fiats.in which at the time the line was run were covered by a dense black ash swamp. The Twelfth Section, from Station Sugar Grove to the “Corner,” was found almost entirely deficient in original monuments, Milestones 204 and 208 being the only ones remaining. A number of other authentic points were found which were afterward accepted and used in adjusting the Boundary along this Section. These were: — a sleigh- shoe driven to mark the corner of two Willink warrants in Pennsyl- vania, the site of Milestone 205 ; the remains of ancient stakes which for years have marked a warrant corner, the site of Milestone 207 ; the 3 mile post upon the south* line of Township 1 of Range 13, a short distance east of Milestone 210, located from original witness trees identified in 1870, by Mr. Hinckley ; a stake and stones upon the site of Milestone 212 making a Willink (Penn.) warrant corner; a Holland Land Company’s section corner stake 696.1 feet west of Milestone 215, set many years ago from the original witnesses; an- other Section Corner 529.4 feet west of Milestone 218, the original *The late Judge Foote of Jamestown, in a letter to Secretary Woolwortli in 1868, says: “The State Line between Chautauqua County, N. Y., and Warren County, Pa., passes within about 8 miles of this village, and on the old stage-road from this to Warren, Pa., as I have travelled over that road from time to time for more than 53 years I knew when 1 passed the line, although in native woodland by a certain white oak tree on the east side of the road” [near the 164 mile pointj. “ That tree is dead aud nearly gone with its many marks upon it, and soon no trace of 3t will remain “ I could relate many comical anecdotes of persons fleeiug past that point to the ‘ City of Refuge.’ with an officer in pursuit, especially before the law for non-im- prisonment for debt was enacted.” No. 71.] 137 witnesses to which are still standing ; and the mile post upon the south line of Township 1, Range 15, 2002.4 feet west of Milestone 219, located from the stump of an original witness identified by Mr. Hinckley, some years before his official reconnaissance of this portion of the Boundary. For nearly the entire length of the Section, owing to the loss of the original monuments, the devious fences showed a remarkable de- gree of uncertainty at many points. In the vicinity of Milestone 214, the location of the line had been for years the subject of bitter litigation. This uncertain condition afforded a very fair opportunity in the final adjustment, by the use of the few authentic points iden- tified, to reduce the general alignment to a few long straight lines, one of which, west of Milestone 219, is the longest upon the entire Parallel. The following is a recapitulation of the situation in which the Parallel Boundary was found, so far as the original monuments were concerned : Milestones in place and undisputed. 122 Milestones found removed from tlieir places and in various stages of dilapida- tion 37 Milestones entirely missing 65 Latitude Stones in place (two broken down) 5 Latitude Stone found out of place (broken) 1 Latitude Stones entirely missing 2 Holland Company’s monuments in place 3 Holland Company’s monuments missing 1 Other intermediate monuments found in place 3 Initial Monuments gone 2 241 Intermediate monuments may have been placed at the second aud third intersections of the Susquehanna River, but they have entirely disappeared. Of the milestones found in place at least 25 had been more or less broken, some of them quite badly shattered, and three others had been so broken that at some time interested parties had replaced them with better stones. In general along the entire Parallel the distances between the milestones is in excess of one mile. There is no uniformity in the amount of the surplus, except on a few short sections. In a few of the intervals the distances are a little less than one mile, and in a few others the variation from a mile is but trifling. * The shortest inter- val, — between Milestones 152 and 153 — is 5017.7 feet, and the longest interval, except the intervals between Milestone 192 and the Eighth Latitude Stone, is 5513 feet between Milestones 180 and 181. This irregularity in distance made it very difficult to find many of the original milestones in obscure localities. The search for Mile- stone 145 was a notable instance. It was not found upon the recon- naissance. From the talk of residents in the vicinity during the final adjustment in 1884, it was supposed to be still in existence From [Sen. Doc. No. 71.] 18 138 [Senate the peculiar condition of the recognized Line it was quite necessary that it should be found ; without it, a portion of the Boundary would possibly have to be changed over a hundred feet from its traditional location. Its place was upon a steep hillside covered with old fallen trees, and upturned roots of windfalls of an early date ; a few old dead trees standing, interspersed with saplings, bushes and young trees, a very unpromising locality. A careful inspection of the marks on the few remaining old trunks limited the site to a com- paratively small space which was carefully examined by the entire party for over an hour, with final success, the monument having been broken down and entirely buried by a fallen tree. The distance from the Initial Point of 1786 to the “ Corner ” by the Milestones is 224.81 miles Chained distance (1877-8) from the probable position of the Initial Monument -f- 1 mile (East of Mile stone 1) 226.84 do Thus the measured distance from the Delaware to the u Corner ” is two miles in excess of the distance as indicated by the Milestones The distance between Station Travis and the Meridian Boundary, deduced from the Astronomical results of the Coast Survey observa- tions-at the former Station and the Lake Survey Longitude of the mon- ument at the north end of the Meridian Boundary is 226.82 miles. The chained distance is 227.13 do Milestone 40 is the farthest point East yet fixed geodetically. This was done in 1882 by the New York State Survey by connection with the U. S. Lake Survey System of triangles.* The Geodetic distance West from this Milestone to the “Corner,” the position of the latter being derived from the U. S. Lake Survey Longitude, is 186.16 miles; chained distance 1877-9, 186.31 miles; original distance by the Milestones, D4.84 miles. Discussion by the Commissioners of the Proper Method of Adjustment. The reconnaissance of the entire Boundary being completed, and the line being found to vary quite materially at many points from the parallel of Latitude along which it was supposed to have been run, the subject of the final adjustment and permanent marking of the Boundary was considered by the Joint Commission. This involved the question of the power of the Joint Commission to cor- rect the errors of the original survey : and of the policy of a change in the line however erroneous it might be, after having been accepted as a Boundary line by both States, for more than ninety years, without question. The Legislature of New York by the following “ Act to provide * See Appendix D. ERRATUM. Line 15 should read : “of the Initial Monument (1 Mile East of Milestone 1).” No. 71.] 139 for the settlement of the Boundary lines between the State of New York, and the States of Pennsylvania and New Jersey, respectively,” passed May 20, 1880, stated the position of that state upon the subject. “ Section 1. Whereas, by an Act of the Legislature, passed the twenty-sixth day of May, eighteen hundred and seventy-five, the Regents of the University were authorized and directed, ‘ in con- nection with the authorities of Pennsylvania and New Jersey, respectively, to replace any monuments which have become dilapi- dated or been removed, on the boundary lines ot those States ; ’ and, whereas, from the examination made by said Regents it has been found that said monuments, as located by tne original joint commis- sioners, do not conform in all cases to the verbal descriptions of said lines, and questions have arisen between the Commissioners of said States as to the proper location of said monuments ; therefore, it is hereby declared that the lines originally laid down and marked with monuments by the several Joint Commissions duly appointed for that purpose, and which have since been acknowledged and legally recognized by the several States interested, as the limits of their territory and jurisdiction, are the Boundary lines of said States, irre- spective of want of conformity to the verbal descriptions thereof. “ § 2. Said Regents are hereby authorized and empowered to desig- nate and appoint three of their number as Commissioners to meet such Commissioners as have been or may be appointed and vested with similar powers, on the part of the States of Pennsylvania and New Jersey, or either of them, and with such last-mentioned Com- missioners, as soon as may be, to proceed to ascertain and agree upon the location of said lines as originally established and marked with monuments ; and in case any monuments are found dilapidated or removed from their original location, said Commissioners are authorized to renew or replace them in a durable manner, in their original positions and to erect such additional monuments at such places on said lines as they may deem necessary for the proper desig nation of the boundary lines of said States. The said Regents shall report the action of said Commissioners to the Legislature of the State for its consideration and ratification.” * In accordance with the provisions of this Law, the Board of Regents designated the members of the Boundary Committee as the Commission to carry out its instructions. A copy of the law, with the action of the Board of Regents, was transmitted to the Commissioners from Pennsylvania, and corre- spondence ensued between the chairmen of the two commissions. [The letters which passed between Col. Worrall and Chancellor Pierson are given in full in the report of the Commissioners, which prefaces this report.] The New York Commissioners reported in January, 1881, to the Board of Regents as follows : * Chapter 340, Laws of 1880. T4o [Senate “ Tho Commissioners, appointed under chapter 340 of the Laws of 1880, on the Boundary lines between the State 'of New York and the States of Pennsylvania and New Jersey, respectively, sub- mit to the Board of Begents the following report : “The purpose of the law, under which, this Commission was ap- pointed, appears plainly to have been , first, to make an authoritative declaration as to the principles on which the settlement of these Boundary lines must be effected, and secondly , to provide for the appointment of Commissioners with adequate authority to effect this settlement. The duty of the Commission is, therefore, to take up the work carried on by the Joint Commissioners authorized by chapter 424 of the Laws of 1875, and which was fully detailed in the report of the New York Commissioners, transmitted by the Board to the last Legislature. “ It seemed appropriate, however, that the Pennsylvania Com- missioners should be informed of the new action of the New York Legislature, and of the re-appointment of the old Commissioners, to act under the new law. Accordingly a copy of the act of 1880 was transmitted to Col. Worrall, as well as the report of Major Clarke, the surveyor who had been employed to make the examination of the Boundary line. “ The further correspondence on this subject is herewith submit- ted. It indicates a fundamental divergence in opinion, as to the further steps to be taken in the settlement of the Boundary. The Pennsylvania Commissioners favor the establishment of a line by rigorously scientific methods, on the 42nd parallel. This would constitute in fact a new Boundary, differing in its entire length from that which was run by the joint commissioners in 1786 and 1787, and which has since been the recognized partition line. On the other hand, the act of the New York Legislature, above referred to, declares the whole line to be the true and only Boundary, irrespect- ive of its want of conformity to the verbal description, and authorizes the Commissioners to ascertain the location of the lines as originally run, and to renew and replace the monuments thereon. “The New York Commissioners have deemed it their duty in re- plying to the chairman of the Pennsylvania Commissioners to enter somewhat at length into the subject, and to explain the very de- cided and unequivocal position which the State of New York has taken. It is hoped that from this discussion may be developed some common ground for the two States, and that the Legislature of Penn- sylvania may take such action as wjll enable the question to be settled.” The following Documents were also submitted with this report. Copies of them had been previously forwarded to Col. Worrall. “ Office of the Begents, Albant, Dec. 20, 1880. “James T. Gardiner, Esq., Director of the State Survey : “ Dear Sir — Questions having arisen in the Joint Commission on the Boundary line between New York and Pennsylvania, as to the No. 71.] 141 principles to be followed in restoring said lines, the New York Commission respectfully request that you will furnish them with such information, as your experience may suggest, as to the rules which have governed the marking out on the ground, and the re- storing when partially lost, of boundaries between the States of the United States, and between the United States and other countries, when such boundaries are described by parallels of latitude; and also as to the feasibility of surveying and marking a line so that it can always be found with ease and precision. u The importance to the State of adopting a true policy in regard to this question is my excuse for giving you this trouble. “ Respectfully yours, “ HENRY R, PIERSON, Chairman” “ New York State Survey, Office of the Director, ) Albany, December 21, 1880. j “ To theHonoraoie Henry R. Pierson, Chairm.an of the New York Comrnission on the New York and Pennsylvania Boundary Line : “ Dear Sir — In response to your inquiries for information, as to the rules which have governed the marking out on the ground, or restoring when partially lost, of boundaries between the States and Territories of the United States, and between the United States and other countries, wdien such boundaries are described as parallels of latitude, and in answer to your question as to the feasibility of mark- ing and surveying a line, so that it can always be found with ease and precision, I have the honor to reply, that every State and Terri- tory of the Union, except two, is partially bounded in descriptions, be they, decrees, laws or agreements, by parallels of latitude, and that only one general method has been employed in defining these parallels upon the ground, so far as I have been able to learn their history ; that there is therefore a perfectly settled usage, by which commissioners and surveyors of State and territorial boundaries have interpreted the words £ parallel of latitude,’ occurring in de- scriptions of boundaries ; that this uniform method of interpretation has been repeatedly ratified by the States and General Government, and established by decisions of the Supreme Court of the United States ; that in restoring old lines practice has long ago settled upon certain methods as being in the whole fairest ; and lastly, that it is perfectly within the means of trigonometrical surveying to fix the position of any line so that it may always be easily and accurately found. “All public boundaries on parallels have in this country been run by determining astronomically certain points on the astronomical par- allel, and then attempting to run straight lines between the points 142 [Senate so fixed. The resulting line is invariably and necessarily crooked. Every State or United States boundary laid down on maps as a straight east and west line is really crooked on the ground. “ The first cause of this is the fact that it is not within the power of astronomy to fix points exactly east and west of one another , owing principally to the deflection of the plumb-line from the vertical by the unequal density of the earth’s crust. This source of error cannot be overcome. It amounts often to hundreds of feet. The stations fixed by astronomical observation, as on a given parallel of latitude, are therefore not in a straight line, or arc of a circle, but a line running through them is always crooked. “ Another source of error is in attempting to run straight lines be- tween the astronomical stations. These are always more or less bent, depending upon the refinement of method employed in alignment. 1 have examined the results of the recent reconnaissance of the New York and Pennsylvania Boundary, and am prepared to say, that both in straightness and in approximation to the parallel, it compares very favorably with similar boundaries of other States and Territo- ries, both east and west.* It is not unusually crooked, and it is un- usually near its true parallel. It probably conforms to its legal de- scription as nearly as any similar boundary in the United States. “ Since this Boundary was fixed by the method always employed in laying out boundaries described as parallel, and since the work was of the best quality of its day, therefore, according to all precedent and legal ruling, there can be no doubt that the line marked on the ground by our Commissioners in 1786 and 1787 is the bounding line between New York and Pennsylvania. Every effort should, there- fore, be made to restore this line. In such cases the practice is to use landmarks and all available testimony to recover as many points on the line as possible, and then to connect these with straight lines. This method was adopted in the final settlement of the boundary between the United States and Great Britain, and with all other cases with which I am familiar. In the case of the New York and Pennsylvania Boundary, I see no reason for departing from this well- established practice. “ When the line has been thus settled, it can be permanently pre- served by marking every angle with a granite post, and with under- ground marks not readily found except by surveyors. Every monu- ment should then be connected with the triangulation of the State Survey, whose stations on the neighboring hills will command the line, and from these State Survey stations any portion on the Boundary could be recovered, even if all visible trace of the boundary monu- * Assistant Edwin Smith, of the United States Coast and Geodetic Survey, iu reporting- liiS observations of Latitude in 1879 says: “ They show a surprising degree of accuracy in the survey of the line by Rittenliouse in 1787. Ilis party must have cut their way through the woods. The line was run with a compass, and the instruments used to determine latitudes must have been inferior in con- struction as compared with those now employed.” U. S. C. & G. Report, 1880, p. 18. No. 71. J 143 ments was removed. The triangulation of the N. Y. State Survey will reach the Pennsylvania Boundary in the year 1881, and will be ex- tended along it. When this is done the crookedness of the line presents no obstacle to its being accurately surveyed and mapped, and it will oe so connected with reference points, set by the State Survey, that no part of the line can never again be lost. “ Very respectfully yours, “ J AMES T. GARDINER, “ Director N. F, /State Survey .” “New York and Pennsylvania Boundary Survey, [ Syracuse, January 8, 1881. j Hon. H. R. Pi erson, Chairman of the Boundary Commission of the Regents of the University of New York : “Sir — In response to your note of 31 Dec., I have the honor to submit the following memoranda. “ The scientilic and legal objections to an entirely new line have been discussed elsewhere, and by other gentlemen. “ Th z practical obstacles in the way of an adjustment of the Bound- ary upon a new line, however accurate or perfect, arise in the oppo- sition on the part of residents and property owners, to a change in a line which for nearly a century has been accepted as the correct boundary of farms and communities. Instances are rare, and the intervals short, where proprietors own„ad joining lands in both States, and have disregarded the Boundary as a division line. And in each one of these cases the Boundary forms the legal bound of separate premises in each State. “ From my intercourse with the inhabitants upon the debatable ground, I am convinced that, although the parties directly affected by a change in the line might generally acquiesce in the change, if made by competent authority, for the same reason that they would submit to any arbitrary act of law, most, if not all of them, are cer- tainly unfavorably disposed toward the change for the following, among other reasons : — “First. It will still leave in an unsettled, and at many points unsatisfactory, condition the old line which has for years formed, arid will continue to form, a portion of their farm boundaries, and which at points even the most arbitrary settlement would be satis- factory. Were the maximum change but a few feet, the new line in time might gradually be accepted as the true land boundary, and the old line obliterated. In the actual situation of the case such an adjustment would be impossible, the variations being too great. The line as originally run formed the base line for nearly all the land surveys in both States, and deeds and descriptions depend upon it or refer to it. [Senate 144 “Second. While in a few rare instances, as in two or three cases in the village of South Waverly, Penn., and in Ceres, JS. Y., the entire area of a party's possessions may be transferred from one State to the other, throughout the entire Boundary beside, a new Boundary would divide the farms and premises it would intersect. This would subject each owner, upon a portion of his property, to assessment and other sumptuary laws entirely different from those under which he has perhaps always lived. His land will be taxed under two different systems, paying a portion of his taxes into the treasury of a town or county in which lie has no interest, aside from the fact that a few acres of his land have been arbitrarily annexed to its territory. He will also, of necessity, be required to perfect his title in two clerks’ offices instead of one. As a peculiar example of the hardship such a state of affairs might entail upon parties affected by a change, I will refer to the village of Lawrenceville, Tioga County, Penn., at Milestone 90. The present Boundary, which is well marked by monuments and undisputed, forms the rear line of a row of village lots for about three-fourths mile, which front South upon a street parallel with the Boundary. The Astro- nomical Parallel, as determined at that point in 1879, passes through the front part of all these lots, and perhaps intersects most of the houses. “ In one instance however a change might be more favorably received. The present Boundary passing through the little village of Ceres, between the 148 and 149 mile points, intersects an extensive lumber mill and a large grist mill. Here frequently occur disputes over assessments in two communities, which are a fair example of what may arise at many points along the Boundary, if a new line be established. The proprietor of these establishments frequently expressed himself in hopes that a. new line, if one should be fixed, would place his property entirely in one State or the other, he was indifferent which. It would relieve him and the town officers on both sides from frequent embarrassment. A new line, however, especially if laid along the Astronomical Parallel, would fail to en- tirely relieve him, although it would place the most valuable part of his property, the mills themselves, all in Pennsylvania. “ Third. It would in many instances transfer the residence of parties, involuntarily, from a State whose laws and customs they have been familiar with for years, to one in which the laws and customs are materially different. It would remove them and their families arbitrarily into new communities. “ As the surface of the earth along the Boundary is so broken, the beauties of an accurate line will be hardly more apparent to the mind of the* passer-by than the irregularities of the present line.* As * There are very few points at which the deflections in the Boundary may be detected with the naked eye from intersecting highways. One of these points is in the Tuna Valley near Milestone 167, where occurs the greatest deflection in the line. No. 71.] 145 long as an irregular line is so well and permanently marked that it may always be found, and it will satisfy ninety-nine-hundredths of the people interested, more than a new and perfect line in a new loca- tion. And the monuments which may be placed in the new line will be much more liable to interference, from interested parties, than if set in the old farm bounds. “ In the reconnaissance of the Parallel Boundary, most of the ground had been passed over before the amount of variation from the parallel of 42° was known, except by inference from the irregu- larities in alignment. In consequence the occasions to sound the opinions of the inhabitants with whom I came in contact, upon the subject of a radical change in the location of the Boundary, were at a minimum. Had the place of the parallel been even approxi- mately known at all points in advance, I am confident that 1 should have daily met with opinions decidedly adverse to a change. Where by means of the astronomical observations, a marked variation was made known, as at stations “ Finn,” “Burt,” and “Clark,” where valuable lands and tenements would be transfered, opinions had become crystalized, and opposed to the adjustment of the Boundary upon the Astronomical Parallel, or any other, not coincident with the line as originally laid upon the ground. “ The average American citizen is an individual technically tena- cious of all his rights and privileges in matters touching his citizen- ship, or the boundaries of his real estate, obstinately adhering to the ‘old farm lines,’ however erroneous they may be. And in the case of this Boundary, the most elaborate series of provisos for the protection of vested rights will hardly satisfy the party affected by it, for a change, the 'practical object of which is not apparent to his mind. “ Considering the temporary character of the monuments placed to mark this Boundary 94 years ago, it is surprising that more of them had not disappeared. Had monuments similar to those now used by the State Survey, been set originally, there is no doubt that 99 per cent could now be readily found. “The proportionately slight variations in alignment of the greater portion of points upon the Parallel Boundary, are not so apparent or serious as the dis-align merit of nine-tenths of the rambling fences constructed upon surveyed lines throughout the agricultural districts of the two States. “ The only line, other than the original of 1786-7, which should be adopted, if a change is to be made, should not be the Astronomi- cal parallel, or a mean geodetic parallel located by an independent system of triangles dependent upon an Astronomical determina- tion of the latitudes of its base line. But it should be a curve inter- polated, after extending from the south the system of geodetic triangles of the U. S. Coast and Geodetic Survey, and that of the State Survey of New York from the north, until they meet, and the probable errors in the positions of the joint stations of the two [Sen. Doc. No. 71.] 19 146 [Senate systems, along the Boundary, are reduced to the minimum, by the most exact appliances of science. This will be a work not of months, but of years, and its probable cost will be difficult to esti- mate. The cost of an independent geodetic survey, as estimated by Col. Worrall, will be from $36,000 to $40,000. While to fix the line along the Astronomical parallel, (which would be a practically needless change) or to adjust and permanently mark the original Boundary of 1786-7, the cost need be but 20 or 25 per cent of the amount. “ Respectfully submitted, “ H. W. CLARKE, Civil Engineer , “ Surveyor on the part of New York” u Opinion of Counsel . “ The following opinion of the Hon. Geo. A. Simmons, of Keeseville, was prepared at the request of the New York Commissioners on the Connecticut Boundary. As it embodies the legal principles on which that question was settled, and which must prevail in every settlement, it is herewith reprinted. * r The question to be considered arises from conflicting views as to the boundary line between the State of New York and Connecticut. u In May 1855, the Legislature of Connecticut appointed commis- sioners on the part of that State ‘ to ascertain the boundary line between that State and the State of New York,’ and authorized them, jointly with commissioners to be appointed by the Legislature of the State of New York, vested with similar powers on the part of the latter State, ‘ to ascertain the said boundary line and erect suitable monuments at such places as they should deem necessary to prevent any further mistakes concerning the same.’ “In April, 1856, the Legislature of New York appointed similar commissioners with the like powers ‘ to ascertain the boundary line between this State and the State of Connecticut, and to erect suit- able monuments at such places as they should deem necessary to pre- vent any further mistakes concerning the same.’ “ From th z preambles of the two legislative resolutions appointing the commissioners, stating ‘that sundry differences and disputes have arisen among the inhabitants resident near the line dividing the States of New York and Connecticut concerning said dividing line, and that most of the bounds and monuments erected on and along said dividing line have been removed or destroyed, rendering it uncertain to which of said States sundry citizens, residents as aforesaid, belong ; now, therefore,’ &c. It is not to be presumed , that the commissioners were meant to be empowered to make a new line where the old one could not be found, and thus exercise the powers of a court of chancery to settle confused boundaries ; for the •operative and directory part of the resolutions is confined in terms to the duty .of finding or ascertaining the old line — ‘ to ascertain No. 71.] 147 the boundary line between this State and the State of Connecticut and to erect suitable monuments at such places as they shall deem necessary,’ &c. But besides these words, thus excluding the com- missioners from making a new line and restricting them to the duty of ascertaining or finding and marking the old one, even a Court of Equity, never authorizes any other thing if the ancient boundary can be ascertained , nor even where it cannot be, until acting for itself on a report of the facts and evidence made by the commis- sioners as to that point ; and then only by a subsequent order of the Court adapted to the case. 1 Chitty Gen. Pr. 722 ; 2 Meriv. 507 ; 1 Swant. 9. “ If, then, the commissioners are satisfied that the old line can be found or ascertained, they have performed their duty, and it is for the Legislatures of the two States to say whether they will give them authority to alter it or make a newline, not the commissioners. And even the State Legislatures cannot authorize such alteration without the approval of Congress. 10 IT. S. Statutes at large, p. 602, and Constitution U. S., see art. 4, sec. 3. “But more than this, the two Legislatures must have assumed the existence of an old line once marked on the land and that it is capa- ble of being ascertained by careful and proper re-surveys with the help of ancient marks and documents, and they have 'precluded the notion of making a new line or altering the old one in any respect. We may take for granted, then, that the only question to be decided by the commissioners is, where is the old line f “ This line was agreed on by the two colonial governments in 1683 and ratified by the King in council in the year 1700. “ It was provided in the agreement, that in case certain lines therein mentioned should diminish or take away land within twenty miles of Hudson river, that then an equal quantity should be added out of the bounds of Connecticut. In 1864 a survey was made by joint commissioners and several lines run. It was ascertained that these lines did diminish the territory of New York to the amount of 61,440 acres, and that a tract must be taken from Connecticut containing an equal number of acres in an oblong form as an equiva- lent for the 61,440 acres, and the particular location of the oblong was agreed to and the agreement and survey were confirmed by the King in council. But the greater part of the bounds remaining un- surveyed, and unmarked on the land, and Connecticut retaining possession of the equivalent lands , and the old marks becoming con- siderably effaced by time, the two colonial Legislatures in 1725 authorized a resurvey of the old lines as far as run, and a further survey to be made of the remaining lines not before run, and the erecting of suitable monuments with proper marks on the land, pur- suant to the agreement and partial survey of 1683 and 1684. It appears from the colonial act of New York in 1725, that the boundary line from the mouth of Byram river, including the paral- lelogram of 61,440 acres taken from the territory of New York, 148 [Senate was run by the surveyors in 1684, but that the boundary line from the northeast corner of the parallelogram to the bounds of Massa- chusetts colony, and containing the equivalent lands to be added to the territory of New York, had never been actually run and marked on the land, and that the marks and monuments made in 16S4 around the parallelogram conceded to Connecticut had become some- what obliterated. “ The commissioners, appointed in 1725 to resurvey the old lines and to complete the survey of the remaining lines begun in 1684, did resurvey and ascertain the original bounds as far as the original survey had been actually made, and agreed upon a proper mode of surveying and marking the remaining lines from the northeast cor- ner of the Oblong conceded to Connecticut, to the Massachusetts line, and in such way as to concede and add to New York the 61,440 acres. And again in 1731 the commissioners completed the survey of the whole line to Massachusetts bounds and marked them on the land in due form according to the original agreement and pursuant to their instructions from the colonial legislatures, “ Now it will be observed that the commissioners ran no new lines, nor were authorized to run a new line in 1725 and 1731, but only to ascertain the lines of 1684, and the lines thus run and found in 1725 and 1731 are the same that are to be found and ascertained now in 1856. “ The line starting from the easterly termination of the thirteen miles and sixty-four rods, extending along and beyond the parallelo- gram conceded to Connecticut, and running to the cross line, coming from Cortland t’8 Point and from thence at a distance of twenty miles from the Hudson river nearly northerly to Massachusetts bounds, was run and’ marlced on the land and is equally traceable at this time ; but the other lines parallel to these twm on the east of them at the distance of about 1 3-4 miles and 20 rods from them, running in the same direction to the Massachusetts bounds, were run and marked on the land by set-offs only from the former lines. That is to say, after running and marking on the land a con- tinuous line between the colony of New York and Connecticut from the Oblong on the Sound to Massachusetts bounds, giving to Connecticut the Oblong, but giving to the colony of New York no equivalent lands, they ran and marked on the land another line parallel to this surveyed and marked line, on the easterly side of it, at the proper distance from it, through its entire length, comprising the 61,440 acres of equivalent lands. But such other east line was only run and marked by set-offs and monuments erected at distances of about two miles from each other, leaving these monuments as guides and directories to locate at any future occasion an exact, con- tinuous line through them. “ The principal governing monuments, viz.: the one at the begin- ning towards the south, the intermediate one nearly opposite to tlie end of the line from Cortlandt’s Point, and the one at the termi- nation in the Massachusetts line are now actually ascertained and No. 71.] 149 identified, and of course indicate the general course of the whole east line of the equivalent lands. Through these monuments and other intermediate ones wherever they can be found or can be shown by proper evidence to have once existed, the line must now be located just as if the monuments all remained to this time, without regard to the straightness or crookedness of the line indicated by them. “ Had the line been run within a year or two after the monuments were first erected, and before being obliterated, it is plain the line must have run straight only from one to another of these monuments, however crooked it might happen to be as a whole ; and the oblitera- tion of the monuments can make no change in the rule, if the places where they once were can, at this late day, be ascertained by proper evidence. “ This evidence may be not only remnants of decayed monuments but possession or occupancy in reference to them or the line running through them ; or even traditionary and ancient general reputation. Long and ancient reputation , if general, is sufficient of itself, es- pecially if accompanied by a corresponding possession and claim of jurisdiction. 1 Phil. Ev., 24S ; 1 Cowen & Hill’s notes, 628 ; 1 Greenl. Ev., 145 note — 801 note. “ It cannot be contended that the boundary line between States is not to be ascertained by the same rules as the boundary between tracts of land owned by individuals. “ 6 No court acts differently in deciding a boundary between States , than in lines between separate tracts of land,’ say the Supreme Court of the United States in the case of the State of Rhode Island v. The State of Massachusetts. 12 Peters, 784. “Now, to establish a line between different tracts of land, monu- ments or marks on the land must govern, and not courses or lines of the compass, or quantity of acres ; and this rule holds whether the line established by such monuments is straight or crooked. “Where a line is once found marked on the land , it cannot be straightened by an ideal line indicated by the compass. It follows that the commissioners must now follow the old marks and monu- ments wherever found, and if not found after so long a period, they are then to take the best evidence they can get of their former ex- istence and locality. “ Traditional testimony is good if supported by public acts of re- cognition ;• such as the acts of town and county officers, and even of town meetings and county assemblies, uninterruptedly continued from year to year / and mere courses and distances are never re- sorted to in order to straighten lines if clearly opposed to other evi- dence of ancient marks. This is on the same principle that a deed or bond, though lost or destroyed, is still to govern instead of a parol contract, when the contents of such lost deed or bond can be proved by other evidence. “ The east line of the equivalent lands was fixed by set-offs, and 150 [Senate the entire series of such set-offs constituted a line of monuments marked on the land, about two miles apart, from beginning to end of the boundary line. These monuments being ascertained, or the places where they once were, the intermediate line between them must be run and connected so as to form a continuous boundary, however crooked this boundary line may turn out to be, and without regard to whether it contains between the parallels exactly (51,440 acres or not ; for the commissioners have no authority to make a new boundary, or to make a new line, even if the old commissioners in 1731 committed mistakes in running the cross lines or set-offs. “ Such crooked lines having been so long recognized and acted on as the true division line, can now only be corrected, if at all, by a suit in equity by the State of Connecticut against the State of New York to correct the mistakes , 'which would, in all probability, be as ineffectual for the purpose as it was in the case of Rhode Island against Massachusetts, before cited, the loss of time or limit of pre- scription being applicable to States on questions of boundary as well as to individual land-owners. See Yattel, p. 190, § 147, and the opinion of the Supreme Court in the case of Rhode Island v. Massachusetts, before cited. * “ In short, the old line of 1731, as indicated by the monuments then erected, and not a new line , must govern, because such new line in point of fact and of law does not coincide with the boundary established in 1731, this having been so long recognized, and now being easily ascertained and identified. If the true old line shall be ascertained by the present survey to be a crooked one, too near its western parallel on the north end, or too remote at the intermediate points, or devious and irregular in many places, it can only be straightened by the consent of the Legislatures of the two States, with that of Congress hereafter to be given, and not otherwise; for the resolutions of those Legislatures, already adopted, and under which the present commissioners are acting, are not sufficient for the purpose ; nor could the Supreme Court of the United States order the lines to be straightened after so long an acquiescence of the States. 4 ‘ But again; no other mode of ascertaining the division lines is consistent with the agreement made by the joint commissioners the 29tli April, 1725, and their survey under it. The lines were to be run by marks and monuments on the land ; for it was agreed that 6 where the breadth of the said lands to be added out of Connecticut shall be established as above directed, we shall affix and ascertain * Capt. Bouteile of the United States Coast Survey, who made the surveys in this celebrated case, which is referred to more in detail in Chancellor Pierson’s letter, relates that Daniel Webster, who was counsel for Massachusetts, made the point in his argument that Massachusetts and Rhode Island having entered the Union and ratified the Constitution without protest from the latter as to the er- roneous location of the boundary between them, although it was known to be so at the time, were forever estopped from any right or claim for a correction of the error. And this, point had great weight in the decision of the case. No. 71.] 151 the bounds of the same,’ and 4 erect monuments in the said lines at all places which may be thought necessary .’ 44 The same commissioners, immediately thereafter, on the 1 2th day of May, 1725, commenced their survey on the land, and actually ran and marked by monuments so much of the boundary line agreed on as designated the Oblong on the land conceded to Connecticut 4 in pursuance’ of the said agreement ; and they say that they 4 have erected several monuments in the said line] mentioning a large number of them. After marking trees and raising heaps of stones at the end of every mile on the line along the northerly side of the Connecticut Oblong from the white oak trees north northeast thirteen miles and sixty-four rods, they marked and distinguished , and thereby established and fixed it by monuments as the line of par- tition so far between the province of New York and colony of Con- necticut. 44 Afterwards, on the 14th of May, 1731, the joint commissioners finished their work by running and marking the residue of the boundary lines extending from the northeast corner of the Oblong assigned to Connecticut, to the Massachusetts line, including the equivalent lands of 61,440 acres, 4 in pursuance of the agreement made in the year 1725,’ adopting their former monument at the northeast corner of the Connecticut Oblong as their starting point; and then finding and fixing the northeast corner of the equivalent lands by a monument , they established the remaining boundary lines to Massachusetts, so as to include the equivalent lands, by erecting heaps of stones 4 as monuments of the east bounds of the said addi- tional lands? 44 These monuments were located by set-offs, or perpendiculars, from a parallel line previously survej'ed and marked bv them on the land / and then the commissioners surrendered up to New York the possession of the equivalent lands as divided from Connecticut by the said 4 lines’ run through the said several monuments erected as before mentioned. 44 These expressions in the agreement and in the report of the survey, made pursuant to it, clearly show that these commissioners were too wise to leave boundary lines to be ascertained by mere courses and distances, to be ascertained from books ; they located them on the land , as the controlling marks and monuments , to be there read and known by all men ; they were too sensible not to appreciate the difficulty in after times of ascertaining and fixing mere straight lines , indicated by the compass and measuring chain only, and they determined not to leave the boundaries thus uncertain and swimming in the air, but to have them attached and fastened to the land by actual marks and monuments. It was the great end and purpose which they had been appointed and empowered to ac- complish — not to run new lines , but to ascertain and mar'k old ones • and they do not pretend to have run straight lines with any greater exactness or certainty than is marked by monuments on the land. 152 [Senate “ The lines thus actually run and marked on the land must now govern, unless we are to reject all the former agreements and sur- veys, and launch ourselves into an ocean of uncertainty. “GEORGE A. SIMMONS. “ January 1, 1857.” Copies of the correspondence and Documents were transmitted by Governor Cornell of New York to Governor Hoyt of Penn- sylvania, with the following letter under date of 2 March, 1881 : “ Sir : The accompanying documents relating to the Boundary line between the States of New York and Pennsylvania are respect- fully presented to your attention. This line has been examined by a Joint Commission acting under the authority of the two States re- spectively. The result of this examination discovers the fact : “ 1. That the monuments erected by the original Commission in 1786 and 1787 to mark the line, have become so far decayed or ob- literated as to require immediate steps for their restoration ; “ 2. That the line originally run and marked by the Commission- ers and ratified by the two States, although fixed with all the precis- ion possible at that day, varies very considerably from the verbal description, sometimes on one side and sometimes on the other ; “ 3. But that this line so marked has, since the settlement of the country, been the practical boundary between the lands belongingin, and the limits of jurisdiction of the two States. It is proper to say that the honorable Commissioners appointed on the part of Pennsyl- vania, through their chairman, Col. Worrall have advocated a re- survey of the entire line, and the establishment of a boundary which should rigidly conform to the verbal description. But the Commis- sioners of New York have held that no practical advantage, but great inconvenience, would arise from any attempt to change the line from the original and accepted location. “ Taking this view of the subject and following the well-settled principles laid down by the Supreme Court of the United States, (4 Howard,) the Legislature of this State passed an act May 20, 1880, declaring the lines originally laid down as the boundary lines, irre- spective of their conformity to the verbal descriptions thereof, and authorized the Board of Regents of the University to appoint Com- missioners to meet commissioners of the State of Pennsylvania vested with similar powers, and restore the monuments on the line origi- nally surveyed and marked. The attention of your Excellency is respectfully called to this action, with the request that you will take whatever steps may be necessary to bring about an early and satis- factory settlement of the line and the much needed restoration of the monuments. Very respectfully Your Obedient Servant. “ ALONZO B. CORNELL.” And in March, 1881, Gov. Hoyt sent to the Legislature the com- munication of Gov. Cornell, and the documents which accompanied the same, with the following message : — 153 No. 71.] “ To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania : “ Gentlemen : I have the honor to transmit a communication of his Excellency the Governor of New York, and accompanying report of the Commissioners and act of the Legislature of that State relat- ing to the Boundary line between the States of New York and Penn- sylvania. Believing that no advantage to any individual or to the public can be gained by running a new line to conform to the verbal description, but that, on the contrary, it would cause great injury, or at least inconvenience to vested rights to adopt such a course, 1 un- hesitatingly indorse the New York view, and respectfully recommend that the commissioners appointed under the act of May 8, lb76, entitled i An act in regard to the boundary monuments between the States of Pennsylvania and New York,’ be authorized to meet the Board of Regents of the University of the State of New York to ascertain and re-establish the monuments on the original line, and erect such additional monuments at such places on said line as they may deem necessary, and that you further provide for the moiety of the cost which will properly be borne by the Commonwealth of Penn- sylvania. “ HENRY M. HOYT.” The position assumed by the New York Commission was accepted by the Joint Commission, and it was decided that the only course to be pursued was to restore the original line of 1786-7 as nearly as practicable, and mark it permanently. For some reason the Legislature of Pennsylvania failed to respond to the suggestion of the Governor, and no appropriation was made that season. In this state of the case, and in view of the importance of having some of the monuments renewed without delay, and thus secure part of the more important work already done, from being lost, the New York Commissioners proposed to the Pennsylvania Board that they would furnish the funds for going on with the work, so far as the unexpended funds would warrant, with the understand- ing that one-half the amount so expended should be refunded by the Pennsylvania Commissioners, when an appropriation should be made. The proposition was accepted and the New York Commissioners immediately undertook the work of re-monuinenting the Boundary. [Sen. Doc. No. 71.] 20 154: [Senate THE NEW MONUMENTS, AND FINAL AD- JUSTMENT- OPERATIONS OF 1881-4. The Joint Boundary Commission having concluded upon the course to be taken in adjusting the Boundary and replacing the monuments, the work of permanently marking the line was com- menced in the fall of 1881. The new monuments adopted for the purpose were of granite of a pattern similar to those adopted and placed upon the Boundary line between New Jersey and New York. This granite is of a coarse, reddish-gray texture, quite hard and durable. Descriptions of the monuments in the various classes will be found in Appendix B. A contract was made in the summer of 18S1 with Mr. John Beattie of Leete’s Island, Connecticut, to furnish all the highway monu- ments, railroad monuments, and Milestones (first, second, third, and fourth class monuments) required, at the price of three dollars each for the highway monuments, and two T ° D 5 o- dollars each for the smaller size, delivered on the cars at his quarry. Mr. Beattie had previously furnished a large number of monuments for the use of the New York State Survey ; and he also furnished the monu- ments used upon the New Jersey and New York Boundary. Thir- teen blocks of granite (fifth class monuments) for marking the Astronomical Stations adjacent to the Boundary occupied by the party from the Coast Survey Office in 1877 and 1S79, were after- wards furnished by Mr. Beattie for five dollars each, delivered at Jersey City. Two large monuments of Rhode Island granite were also pur- chased in the fall of 1883 at a cost of one hundred and seventy-five dollars each, to be delivered at Jersey City. One of these was set in the Parallel Boundary near the right bank of the Delaware River, and the other in the Meridian Boundary, 100 feet North of its inter- section with the Parallel Boundary at the south-west corner of the State of New York. Each was composed of a single block of granite about 10^ feet long, the upper six feet being dressed in the form of a flat obelisk, 2J by 1J feet at the base, with appropriate inscriptions on each broad face. Sketch No. 9 is a view of the monument near the Initial Point. The first car-load of monuments was delivered at Waverly on the New York, Lake Erie and Western Railway, 25 October, 1881. % The Boundary across the Chemung and Susquehanna Flats had pre- viously been adjusted, most of it having been entirely re-run, and the monument points fixed. The first new monument set upon the Boundary was a milestone marked ’ to replace the remains of the Third Latitude Stone on the left bank of the Chemung River. The No. 71.] 155 work was undertaken so late in the season that comparatively little progress was made. Operations in 1881 were confined to the por- tion of the Boundary between Milestones 46 and 66. Forty-three monuments were set before operations were suspended. The work was not resumed in 1882 until 5 July, as the party was occupied upon the New Jersey and New York Boundary in April, May, and J une. One hundred and eighty-one monuments were set in that year. These were upon the eastern portion of the Boundary from the Initial Point to Milestone 120, with the exception of the section between the Susquehanna Biver near Milestone 12 and Mile- stone 38, most of which was left vacant. In 1883, owing to the late date at which Legislative appropriations were available, the resumption of operations was delayed until 30 July. In that year 97 monuments were set. The vacant portions between Milestones 12 and 38 were filled, and the work of adjusting the Boundary and setting monuments was carried on westward from Milestone 120 to Milestone 139. April 9, 1884, found the party in the field, and by 18 September all the monuments upon the Parallel Boundary had been set ; these included monuments at each of the Astronomical Stations, the large monument at the Initial Point, and a few in scattered vacancies east of Milestone 139. The work included a very careful re-survey of the apparently unmarked portion between Milestones 139 and 155, during the progress of which, 4 of the original monuments not dis- covered upon the reconnaissance, were found. These were 145, 152, and 154, in place; and 143 lying upon the surface of the ground, within two feet of the point fixed for the new monument before the old one was found. This is the most irregular portion of the Boundary, and the discovery of these Milestones simplified the problem of adjustment very materially. The unmarked section of seventeen miles, west of Milestone 208, was also very carefully re- surveyed before any monuments were set. Although none of the original monuments were found, the re-survey by connecting a few points fixed by the Holland Land Company in its Surveys, which could be identified, afforded a very convenient basis for a satisfactory adjustment of the Section. Upon the completion of the Parallel Boundary, 14 monuments were set upon the Meridian Boundary, including the large terminal monument near the u Corner,” before operations were suspended, near the end of September. This suspension with but 15 miles of Boundary unfinished, was unfortunately rendered necessary by the exhaustion, July 1, of the funds appropriated by the Pennsylvania Legislature. The New York appropriation alone was only sufficient to complete the Parallel Boundary. The method of setting the various monuments is given in Appendix B. The Instructions to the Surveyors are contained in Appendix AA. 156 [Senate Adjustment, In genera], the original Milestones which were known or consid- ered to be in place were replaced with new monuments, and the places for monuments at mile points where the original monuments were missing or had been moved, were fixed by alignment between adjacent Milestones in either direction. This rule was varied occa- sionally however, where a different method of adjustment should prove more satisfactory in its results, or where authentic points other than the old milestones were identified. In several instances, before the places for the new monuments were fixed, at points where angles in the Boundary were quite apparent, the original milestones which marked them being lost, renewed and extended searches for the old monuments were made, which were successful but in one case, Milestone 145. The other missing milestones found in 1884 were discovered accidentally. In the use of other authentic points in the adjustment of the Boundary, the theory was adopted that these points were originally placed m line between adjacent milestones, and to replace a missing milestone the converse of the proposition was resorted to, by placing it in a prolongation of a line drawn over the point from a milestone in the opposite direction. The entire section west of Milestone 208 was adjusted upon this basis. (Sketch No. 14.) Many of the points thus used, were also, as a precautionary measure, marked with granite monuments. Intermediate monuments, with few exceptions, were placed in line between milestones. Whenever any doubtful circumstances were found connected with the traditions of any of the old monuments which seemed to stand in place, every thing bearing upon the case was carefully considered before the position was finally settled. In two or three cases the evidence was such that the positions of the old monuments were not recognized, and the places for the new monuments were fixed by alignment with others. It is possible also that a very few of the old monuments, which from their surroundings appeared to have been undisturbed, and about which no question had ever been raised, or if raised appeared to be based upon no sound evidence, may, at some time, long since past, have been moved from their original locations. Their anomalous positions are the only indication. Milestones 89 and 92 are examples. (See Sketch No. 11.) The total lack of any notes of the original survey, which would have been of great value in the settlement of doubtful points, rendered our duty quite embarrassing upon some portions of the Boundary, more especially along the line between Broome and Sus- quehanna Counties, where so many milestones were missing, and where the later land surveys were so vague and unreliable. The original notes would also have enabled us to verify the positions of all the old monuments found. The map of the original survey, be- ing upon so small a scale, was of but little value for such purposes. No. 71.] 157 Recurring again to the division of the Boundary into Sections by the Astronomical Stations of the Coast Survey party, a detailed statement of the points at which the various milestones were placed, and the manner in which the unmarked or doubtful intervals were treated, is here given. First Section. Initial Point to Station Finn. Milestones 1, 5, 6, 7, 10, 11, 15, 16 and 19 being in place and un- disputed, were replaced with new monuments. Milestones 2, 3 and 4 having no fixed status — two of them having entirely disappeared — and all the intermediate monuments east of 5, were placed in a curved line having the normal curvature of the parallel, extending from Milestone 5 over Milestone 1 east to the meridian of Station Travis. Milestone 2 was placed in a bed of deposited gravel, a few feet west of Sand Pond Brook and directly opposite the yellow birch stump which is supposed to be the remains of the 2 mile tree of George Palmer’s survey in 1784. Original milestone 3 was found where temporarily set up in 1877. It had been broken about six inches below the top. As the point is almost inaccessible, and the site for the monument being near the face of a ragged ledge, it was deemed unadvisable to set the new monument at this point. The upper portion of the old milestone was carefully placed in line on the surface of the rock and a pile of stones was built around it. The new monument was set- 21 chains further west near an old road. The 4 mile point was in or near the bed of Sand Pond Brook ; a highway having been worked close along the edge of the bluff on the east side of the brook, the monument was set upon the east side of the road. Milestones 8 and 9 not being in existence, the new milestones were placed in line between 7 and 10. Original milestone 12 having entirely disappeared and its place being unknown, the new monument was placed upon the summit of the high, narrow ridge between Cascade Valley and the Susque- hanna River, in line between milestone 11 and the East River Monument, 338 feet east of a point one-fourth the distance from Milestone 11 to 15. The monuments upon each bank of the Susquehanna River, be- tween the 12 and 13 mile points, marking a break in the Boundary, being so near the River banks that it was deemed unadvisable to replace them ; they were left in place and the new monuments were set, one 50 feet east of the east River Monument in line toward Milestone 11, and the other 20 feet west of the west River Monument in line toward Milestone 15. Milestones 13 and 14 were set at one-half and three-fourths the 158 [Senate distance from 11 to 15, in line between the latter milestone and the monument on the west bank of the River, the originals having been displaced and the line at these points being in doubt. Original Milestones IT and 18 had long since disappeared, but the positions of the new monuments were very satisfactorily fixed by placing them in an eastward prolongation of the line from mile- stone 19 to the First Latitude Stone at 20-| miles. Milestone 20 was placed in line between the last two monuments. The First Latitude Monument having been inscribed 20 M 29 ch., the point for Milestone 20 was fixed Longitudinally of the dis- tance from Milestone 19 toward the Latitude Stone, the surplus distance being divided proportionately. The Pier at Station Travis was replaced by a Station monument and a small monument was set by the roadside 81.6 feet south, at the intersection of an eastward prolongation of the Boundary with the meridian of the Station. An old stone monument 165 feet west of Milestone 19, known as the a Fan-tail Corner” was reset in line opposite its old position. The number of monuments set upon this Section is as follows : — Milestones 20 Highway monuments 25 Railroad do 2 Large Initial do 1 Station do (Travis) 1 River and other intermediate monuments 6 New monuments on First Section 55 Of these, 34 were set in 1882, IT in 1883, and 4 in 1884. One of the highway monuments marks the corner of Wayne and Susquehanna Counties in Pennsylvania. Milestone 15 marks the corner of the Towns of Oakland and Great Bend in Susquehanna County. Milestones 1 and 4 are also highway monuments. Second Section.* T Station Finn to Station Little Meadows. Most of the original monuments upon this Section had been dis- placed or had entirely disappeared. The position of a few could be satisfactorily fixed by authentic marks and the line was adjusted to correspond with these. Milestones 26, 33, 36, and 39, the only original milestones in place upon this Section, were replaced with new monuments. Milestone 20-J was set at the east side of the base of the original First Latitude Stone on the right bank of the Susquehanna River. * Sketch No. 10 exhibits the irregularities on this Section upon an exaggerated scale. No. 71.] 159 Milestone 21 was placed upon the site of the Town Corner stone- pile fixed by Col. Gere and the County Commissioners in 1870. The site of the milestone, which had been broken up, was shown Col. Gere by an old hunter. This milestone marks the corner of the Towns of Great Bend and Liberty in Susquehanna County, Pa. Milestone 22 was set in line between 21 and 23 upon the west side of the Snake Creek Road, in the center of which the original is said to have stood at the time the road was laid out. Milestone 23 was set at the point at which the original was found in 1877 by Col. Gere, and which has since been marked by a sub- stantial stake. Milestones 21 and 25 were placed in line between 23 and 26. Original milestone 27 had been moved south to make room for a road. The road was legally laid out in New York only, but had been opened and worked with the Boundary as its center line, and since the reconnaissance had been changed entirely to the north side of the line. The new monument was placed in line between 26 and 28 opposite the point at which it was found in 1877. It marks the corner of the Towns of Liberty and Silver Lake in Susquehanna County. Milestone 28 w T as set in place of an old Pennsylvania corner stone which stood at or near the site of the original. Milestones 29 and 30 were set in line between Milestones 28 and 31. Milestone 31 was placed in an eastward prolongation of a line from Milestone 33 to an authentic “State Line Stone,” * which stands about 76 feet west of 31. Milestone 32 was placed in line between 31 and 33. It marks the corner of the Towns of Silver Lake and Choconut in Susquehanna County, Penn. Milestone 34 was placed in line between 33 and the new site of 35, 10 feet east of a point midway. The position of Milestone 35 was very satisfactorily fixed by plac- ing it in an eastern prolongation of the line from Milestone 36 to 39. Milestones 37 and 38 were set in line between 36 and 39 at one- third and tw T o-tliirds of the distance. Milestone 39J was placed in line between Milestone 39 and 40 in the meridian of Station Little Meadows and 2.4 feet South of it. It is near the probable position of the original Second Latitude Stone. The Pier at Station Finn was replaced by a station monument, * This stone, which has the general appearance of the milestones found upon this section, but is unmarked, stands near where original milestone 31 was found lying upon the surface of the ground. It has at sometime been carefully set and stands firmly in the ground in the south road fence, surrounded by a small pile of field stone. Of this monument, the late A. R. Ellis, an old Surveyor and Justice of the Peace of Vestal. N. Y., said in 1878: “ It was shown me more than twenty-five years ago by an old man, as the ‘ State line. ’ ” The highway west of this stone bears to the north of the line. At the point where it bends toward the north-west it is about 55 feet north of the Boundary. * 160 [Senate and a small monument was placed in tlie meridian of the Station several hundred feet north. The number of monuments set upon this Section is: Milestones 19 20f and 39£ mile monuments 2 Highway monuments 15 Railroad do 2 Station do (Finn) 1 Other intermediate monuments 2 New monuments on Second Section 41 Of these 9 were set in 1882, 30 in 1883 and 2 in 1884. Milestones 22, 28, 31, and 39 are also highway monuments. Third Section. Station Little Meadow s to Station Waverly. Milestones 40, 41, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 57 and 59, being undisputed, were replaced by new monuments. Milestone 42 having been plowed up, the new monument was placed in line between Milestones 41 and 43. Milestone 43 had at some early date been moved directly west a few feet to accommodate the Milford and Owego Turnpike, but as its alignment was traditionally correct it was replaced by a new monument. The site of Milestone 45 was identified in 1877, but as it is in the center of a highway, the new monument was set in line upon the west side of the road, 13£ feet from the original site. Milestone 54 was set in the place of a stone set many years ago to replace the original which had been broken in pieces. Milestone 56 had been removed 40 or 50 years ago, in working the road which follows the Boundary at that point. The new mon- ument was therefore placed in line between 55 and 57. Being in the center of the highway, it was buried with its top flush with the surface, and the hole was filled around it with cement-mortar and broken stone. Original milestone 58 disappeared years ago. From some old Field Notes of the original subdivision of Wheeler Douglass’ Mili- tary Location in Tioga County, New York, made by Major Zephon Flower, in possession of Z. F. Walker, Esq., of Athens, Penn., this milestone was shown to be 2.50 chains east of a corner of a division of that Tract. This corner has been marked for years with a sub- stantial stone monument, with a cross cut upon its top. The new milestone was therefore set 2.50 chains east of this monument, and in line with it and milestone 59. It corresponds closely with the old fences. The point is upon a steep side-hill. The pier at Little Meadows was removed in 1884, and a Station monument buried in its place. A small monument had been set the year before in the meridian of the Station about 1,760 feet north. No. 71.] 161 The number of monuments set upon this Section is : Milestones 20 Highway monuments 23 Railroad do 4 Station do (Little Meadows) 1 Meridian do ( do ) 1 Other intermediate monuments 3 New monuments on Third Section 52 Of these 26 were set in 1881, 23 in 1882, 2 in 1883, and 1 in 1884. Of the milestones, 43, 44, 45, 46, 50 and 54 are highway monu- ments. Milestone 40 marks the corner of Susquehanna and Bradford Counties in Pennsylvania. Milestone 46 marks the corner of the Towns of Warren and Wind- ham, and Milestone 52 marks the corner of the Towns of Windham and Litchfield, in the County of Bradford. Fourth Section. Station Waverly to Station Burt. Milestones 62, 65, 66, 67, 68 and 69 were replaced with new monu- ments. Milestone 60 was placed one mile west of 59, and in the curved line established through the village in 1877. The site of Astronomical Station Waverly was marked by bury- ing a Station monument. The Spanish Hills monument at 60} miles was left undisturbed and a highway monument was placed upon the summit of the ridge 15 feet east of it. The remains of the Third Latitude Stone on the left bank of the Chemung River were replaced with a new monument, marked 6 $, which is about 50 feet south of a high railway embankment. Milestone 61 being buried beneath a high railroad embankmedt, the new milestone was placed 132 feet further east, and in a line be- tween the old milestone and the Spanish Hills monument. Milestones 63 and 64 having been removed, the new monuments were placed in line between Milestones 62 and 65. Original Mile- stone 63 had been moved about upon the surface of the ground so that its original position was quite indefinite. There is no fence along the line at this point. The number of monuments set upon this Section is : Milestones 10 Highway monuments 13 Railroad do 4 Spanish Hills monument 1 Station monument (Waverly) 1 Other intermediate monuments 2 New monuments on Fourth Section 31 [Sen. Doc. No. 71.] 21 162 [Senate Of these 17 were set in 1881, 10 in 1882, 8 in 1883, and 1 in 1884 Milestone 63 is also a highway monument. Milestone 65 marks the corner of the Towns of Athens and Ridgebury, Bradford Co., Penn. Fifth Section. Station Burt to Station Lawrenceville . Milestones 71, 72, 73, 74, 78, 79,* 80, 81, 82, 86, 88 and 89f were replaced with new monuments. Milestone 70 having entirely disappeared, the new monument was placed in line between Milestones 69 and 71. Original milestone 75 stands in the bottom of a ravine close be- side a high road embankment, and liable to be buried. It was, therefore, thought advisable to place the new monument in line 33 feet farther west, upon the bank of the ravine. Milestones 76 and 77 having disappeared, and their traditional posi- tions being uncertain, the new monuments were placed in line be- tween milestones 75 and 78. Milestones 83 and 85 having entirely disappeared, and milestone 84 having been moved from its original position, and the Boundary at these points being in an unsettled condition, the new monuments were set in line between Milestones 82 and 86. New milestone 87 was placed in line between milestones 86 and 88, one mile west of the former. Milestone 90 was left undisturbed and the new milestone was set in line against its east edge. The Fourth Latitude Stone at 89 M 53 Ch.,:j; which stood upon the left bank of the Tioga River, was washed away by a freshet a great many years ago. There was evidently an angle in the line at * Milestones 79 and 80 are iu the irregular curve in the Boundary, south of Elmira, west of where it reaches its extreme northerly limit. At the time of the reconnaissance, the question was raised as to their integrity, with good reason it seemed, until the entire Boundary between the Third and Fourth Latitude Stones was carefully studied. Then it appeared evident that these milestones were dis- credited more from their apparent disalignment than from any actual knowledge of a removal, although they were both found standing crosswise of the line which indicated a disturbance of their original position. 79 had recently been taken up and set up beside a fence, but had been replaced soon after. f Supervisor More, of Lindley, Steuben County, N.Y., in a letter to Secretary Wool worth in 1870, quoted in Regents’ Boundary Report, i , 345, made the rather surprising statement that Milestone 89 “ has been moved north about three rods, as ascertained by surveyors adjusting their Compasses.” In a letter to me since the preliminary survey of that section, he says he must have written “ South.’' Although it is considerably south of a line between Milestones 88 and 90, it is very nearly in line with the milestones for six miles east of the former, and is almost due east from the original position of the Fourth Latitude Stone. And while at this milestone there is an abrupt deflection to the north in the line, there seemed to be no other evidence that it was not in place. (See Sketch No. 11.) \ Sketch No. 11 exhibits in an exaggerated way the inequalities in the Bound- ary in the vicinity of this “ terminal Station ” of 178G, Hon// OJ. UJ Off Olyas' 4 No. 71.] 163 this point. The angular point was assumed to be in line with Mile- stones 90 and 91, and j-jj- of the distance from 89 to 90, and a monu- ment was set upon the left bank of the River 75 feet west of the angular point. Two monuments east of the River were set in line between the angular point and Milestone 89. The Pier at Astronomical Station Burt was replaced with a Sta- tion monument. A small monument was placed in the meridian of the Station 1,779 feet South. The number of monuments set upon this Section is : Milestones 21 High way Mon umen ts 23 Railroad do . . 2 Station do (Burt) 1 Meridian do . 1 River (Tioga) Monument 1 New Monuments in Fifth Section 49 Of these, 16 were set in 1882, 1 in 1883, and 2 in 1881. Milestones 75, 79, 80, 82 and 85 are also highway monuments. Original milestone 75 is at the corner of the Towns of South Creek and Wells in Bradford County, Pennsylvania, and is the farthest north of any monument upon the Parallel Boundary. Milestone 80 marks the corner of the Counties of Bradford and Tioga, in Pennsylvania. Milestone 82, the only historical milestone upon the Boundary, at . the south end of the Pre-emption line, marks the Corner of Che- mung and Steuben Counties in New York. Milestone 88 marks the corner of the Towns of Caton and Bind- ley in Steuben County. Sixth Section. Station Lawrenceville to Station A ustinburg. Milestones 91, 92, 93, 91, 96, 97, 99, 101, 103, 101, 105, 106, 108 and 109 being in place were replaced with new monuments. Original milestone 95 having disappeared, the place for the new monument was fixed in a westward prolongation of the line between milestones 93 and 91, which approached more nearly the traditional alignment of the original monument than a line between milestones 91 and 96. It marks the corner of the Towns of Lawrence and Nelson, in Tioga County, Penn. Milestone 98 was placed in line between Milestones 97 and 99. Milestone 100 had, many years ago, been washed out by a brook, beside which it stood. The monument was placed in line between Milestones 99 and 101 in the bottom of the ravine close by the north side of the brook. A breakwater of logs and boulders was built up to protect it from the effect of freshets. Its place can 164 [Senate hardly be considered a safe one, however. Milestone 100 is at the corner of the Towns of Woodhuil and Tuscarora, Steuben County New York. Milestone 102 was placed midway in line between Milestones 101 and 103, all trace of the original and its place having been lost. Milestone 102 marks the corner of the towns of Osceola and Deer- field, Tioga County, Penn. New Milestone 107 was placed in line between Milestones 106 and 108, opposite the point at which the fragment of the original mile- stone was found in 1877. The Fifth Latitude Stone, which originally stood upon the bank of Troup's Creek, at 109 miles and 36 chains, was w T ashed away by a freshet many years since. It is quite evident that an angle existed in the line at this point. The angular point was fixed by the west- ward prolongation of the line between Milestones 108 and 109, at of the distance between 109 and 110. No -monument was placed to mark this point, but the highway monument near Station Aus- tinburg w.as placed in line between the angular point thus fixed and Milestone 110. A small intermediate monument was set upon the summit of the high, sharp ridge 1,100 feet west of Milestone 106. From this point nearly the entire distant horizon north of the Boundary can be seen, as well as Station Bly of the New York State Survey, which is South of the Boundary. The view to the eastward, along the Boundary, reaches over 20 miles. Astronomical Station Lawrenceville was marked by burying a Station Monument at the site of the Pier. The number of inonnments set upon this Section is : Milestones 19 Highway monuments 21 Railroad do 1 Station do (Lawrenceville) 1 Summit do 1 River do (Cowanesqua) 1 New monuments on Sixth Section 44 Of these, 41 were set in 1882, 2 in 1883, and 1 in 1884. Milestones 93, 94 and 95 are also highway monuments. Milestone 94 marks the corner of the Towns of Bindley and Tus- carora, in Steuben County, N. Y. Seventh Section.* Station Austinhurg to Station Genesee Valley. Milestones 110, 112, 113, f 114, 115, 117, 119, 120, 121, 122, 124, * Sketch No. 12 exhibits the crooked portion of this Section between Milestones 114 and 120. f At the time the new milestone was set to replace 113, a farmer in the vicinity insisted that the old milestone had been moved from its original position. The only apparently suspicious circumstance in the case was the fact that it was almost exactly in line between 112 and 114. And the new monument stands very nearly where it would have been placed had there been a reasonable doubt as to the integrity of the original. E GANY CO. Sketch No. IE. No. 71.] 165 125, 127 and 128, being known to be, or accepted as, in place, were replaced by new monuments. Milestone 111 had been lost and the new monument was placed in line between 110 and 112. Milestone 116 having been tampered with and its place being quite uncertain, the point for the new monument was fixed in the eastward prolongation of a line from Milestone 117 over an old stake which marks the corner between Ranges V and VI of Phelps and Gorham’s Purchase, and at the distance of 28 chains, 60 links, from the corner stake. This is the distance between the range cor- ner and Milestone 116, given in the original Field Notes of Town- ship 1, Range V. The Range corner stake was replaced with a small plain monu- ment. New Milestone 118 was fixed in line between Milestones 117 and 119. Milestone 123 was placed midway in line between 122 and 124. Original milestone 126 had many years ago been removed in working a road laid out in N. Y., along the line, for about half a mile. There is an apparent deflection to the north in the line at this point, and to set the new monument in line between Milestones 125 and 127 would have placed it upon the north side of the road. It was therefore set in a westward prolongation of the line from 124 to 125. Milestone 126 is also a highway monument. The Pier at Station Austinburg was removed and the point marked with a Station monument. The whole number of monuments set upon this Section is : Milestones 19 Highway Monuments 15 Town Corner W. of 116 1 Station Monument (Austinburg) 1 Intermediate monuments 2 New monuments upon Seventh Section 38 Of these 17 were set in 1882, 20 in 1883 and 1 in 1884. Milestone 115 marks the corner of the Counties of Potter and Tioga in Pennsylvania. Milestone 121 marks the corner of the Towns of Harrison and Bingham, and Milestone 127 marks the corner of the Towns of Bingham and Genesee, in Potter County, Penn. Eighth Section. Station Genesee Valley to Station Ceres* Milestones 129, 130, 132, 134, 135, 136, 137, 138, 144, and 145 * See Sketch No. 8. 166 [Senate being in place and undisputed, they were replaced with new monu- ments. Milestone 131 was placed in an eastward prolongation of a line from Milestone 132 through the stump of an old line tree standing at the roadside about one-fourth mile west of 131. Milestone 133 was placed in line between 132 and 134. It marks the Corner of the Towns of Genesee and Oswayo in Potter County, Penn. Milestone 136-| was set against the west edge of the Sixth Lati- tude Stone which was left standing in place. An intermediate monument was set against the south edge of the “ Transit Monument ” at the south-east corner of the Holland J£nr- chase. Milestone 139 was placed in a westward prolongation line from Milestone 138 to the south edge of the “ Transit Original Milestone 140 was at the corner of two Peims^ania Land Districts. The milestone disappeared and this District Corner has for many years been marked by a stake witnessed by marked trees. The new r milestone replaces this stake. Milestone 141 was placed in an eastward prolongation of the line drawn from Milestone 144 through a New York Section Corner a short distance west of 141. Milestones 142 and 143 were placed in line between 141 and 144. Milestones 146 and 147 were placed in line between Milestones 145 and 148. Milestone 148 was placed in a westward prolongation of a line drawn from Milestone 145 through an old monument marking the corner of Sections 25 and 33 of Township 1, Range 2 of the Hol- land Land Company’s Purchase. By the Records of Surveys of this Company the 148 mile tree stood 14 chains 10 links west of this Section Corner. This distance made the point too near the roots of a large Pine tree for safety. The monument was therefore placed two feet farther west. Astronomical Station Genesee Valley was marked with a Station monument. The number of monuments set upon this Section is : Milestones 20 Highway monuments 18 Railroad do . . . 1 Milestone 136f 1 Holland Purchase Corner 1 Station Monument (Genesee Valley) 1 Other intermediate monuments *4 New monuments set on Eighth Section 46 Of these 23 were set in 1883, the remainder in 1884. All the monuments upon the Parallel Boundary west of the Eighth Section were set in the latter year. Milestones 142 and 144 are also highway monuments. No. 71.] 167 Ninth Section. Station Ceres to Station Tuna Valley * Milestones 151, 152, 154, 155, 156, 157, 159, 161, 162, 163, 164, and 165, being in place and undisputed, were replaced by new monu- ments. Milestone 149 was set in a westward prolongation of a line drawn from Milestone 148 through a point 3 feet north of the north side of the foundation of the church in the village of Ceres, and J of the dis- tance from Milestone 148 to 151. Milestone 150 was placed midway between Milestones 149 and 151 in an eastward prolongation of a line drawn from Milestone 151, through a marked Elm tree which is the corner of two old Penn- sylvania subdivisions, 1287 feet west of 150. MilesMhie 153 was placed 8 feet west of the point where it was temporarily set up in 1878, and in a line drawn from Milestone 152 through an old marked tree (dead hemlock) standing upon the left bank of the Allegany River, f * Milestone 158 was placed midway in line between Milestones 157 and 159. * See Sketch No. 8. \ Iu Francis King’s notes of tlie survey of the Keating Estate in 1802 (Appendix J) occurs the remark “266.6 to a blaz' 1 Elm on the bank of the Allegany, 278.9 to a marked stone (on the west bank of d°) w ch we removed to 302.3 p 3 this appearing by the pointers to be its place.” This was undoubtedly Milestone 153, and these distances were from a point 0.1 perch east of 152. These notes were not seen until after this point had been passed in 1878, and from the failure at that time to discover Milestones 152 and 154, this memorandum had a tendency to throw a shade of doubt over the proper location of the milestone, and also upon the accuracy of the measurements of the reconnaissance. The original Boundary map places 153 on the west bank of the river, apparently where it was found in 1878. The Holland Laud Company’s Section Survey Notes place it 32 feet west of the river bank. The present west bank is a narrow dyke, partly artificial, separating the navigable channel of the stream from a wide, deep slough which extends some distance in either direction from the line. In the improve- ment of the river for rafting and navigation, years ago, both banks through the low bottom land were undoubtedly changed and straightened. In 1884, Mile- stones 152 and 154 were found, and a careful measurement was made west from the river to ascertain whether a point upon the west bank of the slough might not have been the place to which King removed the monument, upon the supposition that before the improvement of the bank the slough may have been mistaken for part of the river channel. It was found too wide to correspond with the notes ; and a comparison of his measurements with mine after locating 152 and 154, showed comparatively little discrepancy in distance between these two, and made it apparent that he intended to note that he found the stone on the East bank of the river, and moved it to the west bank where it belonged. This correction in his statement reconciles all discrepancies. The blazed Elm at 266.6 undoubtedly being upon the edge of the hard land east of the river bank proper, which at that time was low and swampy. Thomas Lightfoot in 1810 (Appendix J) made the distance from 152 very nearly the same as King, after the removal. The distance between 152 and 154 is 10493 teet, and a point midway would be in the middle of the slough, which is over 300 feet wide. After a careful consideration of all the circumstances the nesv milestone was set 5017.7 feet west of 152 near where the original was found lying upon the ground. King’s distance from 152 to the point to which he removed 153 was 4986.3 feet. 168 [Senate Milestone 160 was placed opposite trees which marked the proba- ble corner of two Pennsylvania Land Districts, which was marked originally by the milestone, in a westward prolongation of the line between Milestones 157 and 159. When the place for Milestone 164 was reached, the original mile- stone, which was quite prominently in sight in 1878, was not to be found, until after a long search it was discovered under a log of a large timber skidway, which had been laid upon the ground sur- rounding the site of the milestone, for the storage of logs, beside a timber railway. The original position of the milestone was readily fixed from the notes of the reconnaissance, the stakes in either direction having been found undisturbed. Milestones 166 and 167 were placed in line between Milestone 165 and the Seventh Latitude Stone at 167 r V miles. Milestone 167-^ was placed against the east side of the Seventh Latitude Stone, which was left standing in place.* The pier of Station Ceres was removed and a Station monument buried in its place. The number of monuments set upon this Section is : Milestones 20 Highway monuments 15 Railroad do 5 Other intermediate monuments 5 Station monument (Ceres) 1 New monuments on Ninth Section 46 Milestones 149 and 166 are also highway monuments. Tenth Section. Station Tuna Valley to Station Corydon. Milestones 168, 171, f 172, 173, 175, 176, 178, 179, 180, 181, 182, * Sketch No. 13 exhibits on an exaggerated scale the extreme deflections in the Tuna Valley. f A discrepancy in the longitudinal position of Milestone 171 seemed apparent upon an examination of the notes of the Holland Land Company’s Surveys. In the survey of the Western Transit Meridian (small H. L. Co., F. B., N°. 68) the south end of that line is described as marked by a stone monument 6.33 chains east of Milestone 171. This monument was found with all the original witness trees about it, but 171 was 8.31 chains west of it nearly in line. The Section Field notes of the “ Willink Strip ” place 171, 7.65 chains west of the meridian monument. The interval between 170 and 171 is less than one mile, and it was not considered advisable to move the latter, especially as the Holland Land Com- pany’s notes disagreed as to its location. By the section notes of the “ Willink Strip ” appears also an apparent discrep- ancy in the longitudinal position of Milestone 172, which would place it consider- ably east of where it was found in 1879 But as its alignment with the corner monuments of the “ Strip ” was nearly perfect, and its position was about midway between 171 and 173, taken in connection with the uncertainty in the old notes as to the location of 171, there seemed to be no reason for a change, and the new monu- ment was placed where the old one stood. / J ' It Scale, 8o Ft. to / Inch. Scale, 2ooi Fr.ro/ I nch. —m.i I o lv^s * 0 ’s / / 1 \ / / Mi of compass Random of/ 7 SZ. I j I / | S E | / I ""^^L I \ ^5^ o Sketch No. 1 3. Showing the Irregularities in the Boundary in thoVirinity ofthe Seventh Latitude Stone. 4 &roxun ate Pamllel Ig v ^ 7'nna /;,/ ’fry,/dF&. No. 71.] 169 and 183 being, or accepted as, in place and undisputed, were replaced with new monuments. Milestones 169 and 170 were placed in line between Milestones 168 and 171. Milestone 174 was placed opposite the point at which the original was found lying and in a westward prolongation of a line drawn from Milestone 173 through the 3 Mile Post upon the south line of Township 1, Range 7, of the Holland Land Company's Purchase. The latter point is 1052.7 feet East of 174 and was fixed by measure- ment from the three original witness trees, and is marked by a granite monument. Milestone 177 is set midway between Milestones 176 and 178, and in an eastward prolongation of a line drawn from Milestone 178 through the corner of the Towns of Red House and South Valley. The latter point is 2534 feet west of 177 and was fixed by measure- ment from two of the original witness trees; and is marked with a granite monument. Milestone 184 replaces the monument set by the McKean and Warren County Line Commissioners in 1873. The Pier of Station Tuna Valley was removed and a Station monu- ment buried in its place. The number of monuments set upon this Section is, — Milestones 17 Highway monuments 7 Railroad do 1 4 ‘ Transit” do . . 1 Willink Strip Cor. monument 1 Other intermediate do 5 Station Monument (Tuna Valley) 1 New monuments on Tenth Section 33 Eleventh Section. Station Cary don to Station Sugar Grove. Milestones 188, 189, 192, 200, and 203 being in place and undis- puted were replaced with new monuments. Milestone 185 was placed at the distance east of the south-west corner of the Allegany Indian Reservation, given in the Records of Surveys of the Holland Land Company, and in a westward prolonga- tion of line of Milestones 183 and 184. Milestone 186 was placed at the distance west of 185 given in the Records of Surveys of the Holland Land Company, and in line be- tween Milestones 185 and 188. Milestone 187 was placed midway in line between Milestones 186 and 188. Milestone 190 was placed in line between Milestones 189 and 191, opposite the point at which a stake was driven by the owner of an [Sen. Doc. No. 71.] 22 170 [Senate adjacent farm to mark the spot at which the original milestone stood when it was broken down by a falling tree. Milestone 191 was placed midway between Milestones 190 and 192, in an eastward prolongation of a line drawn from Milestone 192 through the 4 mile post on the south line of Township 1, Range 10, of the Holland Land Company’s Purchase. This point is 1107. L feet west of 191 and was fixed in 1870 by O. D. Hinckley by measure- ment from the original witness trees, and is now marked by a granite monument. Milestone 193 was placed on a gravel knoll 5600 feet west of Milestone 192 in line toward 194. Milestone 194 was placed against the east side of a large sandstone monument set in 1871, by the late A. T. Prendergast.* Milestone 195 was set 660 feet East of the Eighth Latitude Stone at 195^- miles, and in line toward Milestone 194. It marks the corner of the Towns of Pine Grove. and Farmington, in Warren County, Pennsylvania. Milestone 195|- was set against the east edge of the Eighth Lati- tude Stone, which was left standing in place. Milestone 196 was placed ■£• mile west of the Eighth Latitude Stone, and in line toward Milestone 199. Milestone 197 was placed in line between the Eighth Latitude Stone and Milestone 199, opposite the point at which a stake was kept up by the owner of the surrounding land to mark the site of the original mile-tree. The original Milestone was found, displaced, a short time before the new monument was set, in a stone-pile beside the road, where it had lain for many years. Milestone 198 was placed midway in line between Milestones 197 and 199. Milestone 199 was placed in a westward prolongation ‘ of a line drawn from the Eighth Latitude Stone through the 2^-mile-post upon the south line of Township 1, Range 11 of the Holland Land Company’s Purchase, and at the distance given in the Records of Surveys of that Company, west from the mile-post, to the position of the 199 mile-tree. The 2J-mile-post was marked by a stake set by O. D. Hinckley in 1870, by measurement from an original witness tree. The point is 2861.1 feet east of Milestone 199 and is now marked by a granite monument. Milestones 201 and 202 were placed in line between 200 and 203. As a point one-third of the distance between the last two milestones was in a deep road-side gnlly, Milestone 201 was placed ten feet far- ther west, and 202 was set midway between 201 and 203. *Tliis is a fine monument of sandstone 5 5 feet high, 1° feet wide and 6£ inches thick. The point at which it stands, at the west side of a highway, was fixed by Mr. Hinckley by reference to the remains of an old white oak tree which for- merly stood a short distance east in the line, and known for years as the ” State Line Tree.” The late Judge Foote of Jamestown, in his letter to Secretary Woolworth in 1868, refers to this tree, having known it for 53 years. It was plainly marked, and may have been the original 194 mile tree. No. 71 .] 171 The site of Astronomical Station Corydon was marked with a Station Monument. The number of monuments set upon this section is, — Milestones Highway monuments Railroad monuments Allegany Ind. Reservation Corner, Station monument (Corydon) Other intermediate monuments. . . 20 15 1 1 1 5 New monuments on Eleventh Section, 43 Milestones 180, 188, 197, 199, and 201 are also highway monu- ments. Twelfth Section. Station Sugar Grove to the South-west Corner of New York. Milestones 201: and 208 being in place were replaced with new monuments. These were the only original milestones found upon this section. Milestone 205 replaces a sleigh-shoe which has for years marked the corner of Pennsylvania Warrants No. 243 and 193.* Milestone 206 was placed in line between Milestones 205 and 207, opposite a stake set in 1881, by order of the Warren County Com- missioners, to mark the line between the Towns of Sugar Grove and Freehold. Milestone 207 replaces three stakes of different dates which have for years marked the corner of Pennsylvania Warrants No. 192 and 187 Milestone 209 is placed midway in line between Milestones 208 and 210. Milestone 210 is placed opposite the position of an old stake mark- ing the corner of Pennsylvania Warrants No. 104 and 103, in a westward prolongation of a line drawn from , Milestone 208 through the 3-mile-post upon the south line of Township 1, Pange 13 of the Holland Land Company’s Purchase. This point is a short dis- tance east of 210 and was marked in 1870 by O. D. Hinckley, by measurement from original witness trees. Milestone 211 was placed in the westward prolongation of the same line opposite the fence which marked the line between Pennsylvania Warrants No. 103 and 292. Milestone 212 replaces an authentic stake set to mark the corner of the Towns of Columbus and Freehold, Warren County, Penn. * The original mile points upon this Section east of 213 were made the corners of Pennsylvania Land Warrants in the Surveys of 1796, and authentic Warrant corner stakes were therefore accepted in several instances in locating the new milestones. 172 [Senate Milestones 213 and 214 were set at one-third and two-thirds of the distance, in line between Milestones 212 and 215. Milestone 215 was set at three-sevenths the distance from Milestone 212 to 219, and in an eastward prolongation of a line drawn from Milestone 218 through the corner of Sections 17 and 25, Township 1, Range 14, of the Holland Land Company’s Purchase. This Section Corner has long been marked by a stake set from the original witness trees, and is now marked by a highway monument. Milestones 216 and 217 were set, at one-third and two-thirds of the distance, in line between Milestones 215 and 218. Milestone 218 is set at one-seventh the distance from 219 to 212, and in an eastward prolongation of the line drawn from Milestone 219 through the corner of Sections 49 and 57 of Township 1, Range 14, of the Holland Land Company's Purchase. This Section Corner is marked by a granite monument which replaces a stake set from the original witness trees, which are still standing. Milestone 219 was placed in an eastward prolongation of a line drawn from the monument at the south-west corner of Hew York through the 5^-mile-post, Township 1, Range 15 of the Holland Land Company’s Purchase, and at the distance east of that mile-post (2002.4 feet) given in the Records of Surveys of that Company. The position of the mile-post was fixed by measurement from the stump of the original cherry witness, and is now marked by a highway monument. All the milestones west of 219 are placed in line between the Si- mile-post and the “ Corner ” monument. Milestones 220 and 221 were placed at the distance, east and west, respectively, from the corner of Sections 9 and 17 of Towuship 1, Range 15 of the Holland Land Company’s Purchase, as given in the Records of Surveys of that Company. Milestones 222, 223 and 224 were placed at one-fourth, one-half, and three-fourths the distance from Milestone 221 to 225, which, according to measurements made in 1802 by a Pennsylvania Deputy Surveyor (Cochran) was 825 feet west of the “ Corner.” The stake in the center of the road which marked the u Corner” of the State of Hew York, at the south end of the Meridian Bound- ary, was replaced by a small monument set flush with the surface of the road. A large monument similar to that set near the Initial Point was set in the meridian 100 feet Horth. The piers of Station Sugar Grove and Clark were removed and replaced with Station monuments. The cap-stone of the pier of the latter Station was imbedded in place upon the surface of the ground over the monument, and a monument was set in the road at the in- tersection of the Boundary with the Meridian of the Station, 69.32 feet north of the latter. The number of monuments set upon this section is, — Milestones 21 Highway monuments. 30 No. 71.] 173 Railroad monuments 2 “Corner" do 1 Station do (Sugar Grove and Clark) 2 Other intermediate monuments 1 New monuments on Twelfth Section 57 Milestones 214, 217, 219, 220, 221, 222, 223 and 224 are also high- way monuments. A large boulder upon which was cut a cross, marking the corner of Sections 41 and 49 of Township 1, Range 13 of the Holland Land Company’s Purchase, was reset in line between Milestones 211 and 212, at the request of the owners of the adjacent lands. Sketch No. 14 exhibits upon an exaggerated scale the condition of this section west of Milestone 208, and the manner in which it was adjusted. The whole number of new monuments which have been placed upon the Parallel Boundary is as follows : First Section 55 Second do 41 Third do : 52 Fourth do 31 Fifth do . 49 Sixth do 44 Seventh do 38 Eighth do 46 Ninth do 46 Tenth do 33 Eleventh do 43 Twelfth do 57 535 Recapitulation By Counties in New York. Broome (including 2 in Delaware) 91 Tioga ... 67 Chemung 53 Steuben 86 Allegany 66 Cattaraugus. 87 Chautauqua 85 535 Recapitulation By Counties in Pennsylvania. Wayne (including 2 in Delaware County, N. Y) 15 , Susquehanna.. 85 Bradford 107 k Tioga 74 Potter. 68 174 [Senate McKean 82 Warren. 79 Erie 25 585 Add to these the number set upon the Meridian Boundary, 1884-5 51 Making the aggregate number of granite monuments upon the entire Boundary 580 Of the milestones, thirty-nine upon the Parallel and four upon the Meridian, are classed in the u Record ” as highway monuments. At the conclusion of the work upon the Meridian Boundary in 1885, a portion of the party was transferred to the eastern extremity of the Parallel Boundary, and surveys were made for a topographical sketch of Delaware River at the intersection of the Boundary. A few notes were also taken in the vicinity of Waverly, and the line west of that place, for the purpose of locating the line of the new Delaware, Lackawanna and Western Railroad upon the map. Appendix B contains descriptions of the locations of the milestones, with memoranda for their ready identification. Appendix C is a table of the Angular Deflections at the various milestones, and will be found useful to surveyors who may wish to retrace any portion of the Line. Appendix E contains descriptions of the location of the various County and Town Corners along the Boundary. No. 71.] 175 MERIDIAN BOUNDARY. Preliminary Historical Sketch. New York, both as a Province and as a State, had no fixed west- ern boundary until the year 1790, at which time the present limit of the State, in that direction, was definitely ascertained and marked by milestones from the southern shore of Lake Erie to the parallel of 42°, which parallel was until about the same time, the only dividing line between this State and Pennsylvania, This western Boundary, unlike many other portions of the several di- viding lines which separate our territory from neighboring States, has never been, at any subsequent period, the subject of controversy, and for this reason its history is perhaps less known than that of our northern, eastern or southern limits. That there is but little extant information on this subject, and that those who have been presumed to know the facts in the case have not been fully aware of these facts, may be apparent from the following statement : During the year 1865, Dr. Peters, the Director of the Observatory of Hamilton College, was employed by the State under the direction of the Regents of the University and the Trustees of Hamilton College, in continuation of a series of similar scientific determina- tions, to ascertain the precise longitude of the Boundary line in question. In connection with this enterprise an inquiry naturally arose as to when, how , and by whom this line was originally run and marked with monuments of a more or less permanent character. As Dr. Peters was primarily in the service of the College, he was accustomed to counsel with the Secretary and Treasurer, Hon. O. S. Williams, to whom this historical inquiry was first referred. Judge Williams, of course, consulted the Revised Statutes, as the standard authority on such subjects. Mention being there made of a survey made by certain Commissioners in 1787, and of the erection by them of a certain monument at the southern terminus of the said western boundary, Judge Williams began to look for further de- tails in such works as were at hand. The search, however, revealed nothing, and a letter was accordingly addressed to the Secretary of the Board of Regents, asking that search be made with the sup- posed ample facilities of the State Library and the State Records for answering the proposed inquiries. The subject has received special attention, with a view of ascertaining the truth, and as far as possi- ble the whole truth in relation to it ; but this research, contrary to expectation, has required whole months of patient labor ; and even now the story can be but partly told, owing to the imperfection of the scattered records pertaining to it, and the probable destruction 176 [Senate of some of the most important documents relating thereto.* Enough, however, has been ascertained to justify the affirmation that even the Revised Statutes are not historically correct, and that the hitherto unwritten history of the western Boundary of the State is one of singular interest and worthy of careful investigation. It is the object of the present paper to sketch the outline of such a history, or rather of the materials thus far available for such a pur- pose. As fundamental to the main subject, it is important to ascertain how far westward New York was supposed to extend prior to the final establishment of a fixed Boundary in that direction. The original Dutch settlers of New Netherland, belonging to an eminently coast- wise and sea-faring race, seem to have cared far more to extend their settlements along the Atlantic coast, and the tidal current of the Hudson, than to penetrate the interior farther than their sailing craft could carry them ; for which reason not less, perhaps, than the insecurity of a frontier life, New York has not been at any time a distinctively Dutch Province, except along the valley of the Hudson and the lower portion of the Mohawk. It ac- cords with this tendency of the Dutch race, that during the entire period of their controversy with the English, for the sovereignty of this Province, they were very strenuous in their claims respecting lands lying along the sea and the larger rivers, that is, to a belt of territory stretching north-east and south-westward along the Atlantic Coast, while they seem to have thought or cared little to avail them- selves of any considerable breadth of territory to the north-westward. Still there are some allusions which indicate that the Dutch claimed the jurisdiction of the interior, as far as to the Lakes and the St. Law- rence, partly on the ground of actual occupancy by pioneer settlers, and adventurers of their own. The English having wrested the province from the Dutch and coming in collision with the adverse claims of the French, were wont to use every argument — except that of prior occupancy, which they were forced to concede to the French, — to establish title to the frontier territory in dispute between the two nations, and they even refer to the ancient claims of the Dutch in the same direction, as giving additional validity to their own title. The first specific recommendation or opinion respecting New York Boundaries in the direction of the interior, so far as we have observed, is that of William Penn in 1700, who proposes the St. Lawrence and the Lakes as the proper and natural Boundary between the English and the French; and it is not a little remarkable that his judgment in this matter was followed more than three-fourths of a century later, by the Commissioners on the part of Great Britain and the United States, in negotiating a mutual Boundary line between these two sovereign powers. The next step in advance was based upon the fact that the Six * See Regents’ Boundary Report, i, 316-329. f No. 71.] 177 Nations acknowledged themselves, even from the first settlement of the Colony, subject to the Crown of Great Britain, and it was there- fore claimed that the territory occupied by them as hunting ground, whether north or south of the chain of Lakes, belonged to the juris- diction of the Colony or Province of New York. This gave rise to a claim which was in due time distinctly preferred, that the Province of New York included all the territory north of the Pennsylvania line as far west as Lake Huron, and as far north as the Province of Quebec, which latter Province as defined by the royal proclamation of 1763 did not extend further south than the parallel of 45°, until the Imperial Act of 1774, extending the boundaries of Quebec further southward, and adding another to the list of grievances of which the Colonies complained, and for which they finally disavowed their alle- giance to the Crown. The conclusion to which our researches on this point lead is, that at the period of the Revolution, New York assumed to extend to the utmost limits before named, and that her claim w T as recognized and respected by the sister States. Indeed we have met with but one opinion or expression derogatory to that claim, though that one, it must be conceded, is one entitled to some regard, being no less than James Madison himself, who insinuates, more in the style of a Vir- ginia politician than statesman, that the claims of New York to a large extent of western territory, were preferred rather for the sake of making capital from the professed relinquishment of those claims for the general good of the Confederation than from any serious con- viction of their validity.* By the terms of their ancient Charters, some of the Colonies, par- ticularly Connecticut, Massachusetts and Yirginia, claimed all the territory within certain limits of latitude from the Atlantic to the Pacific or “ South Sea ” so called, excepting of course, in the case of Massachusetts, so much as was actually occupied by the Province of New York. As the limits of the latter were not positively established, there was controversy between the two Provinces in regard to not only the eastern but also the western Boundary of New York, although the dispute in the latter case was less violent than in the former. Governor. Tryon, in an elaborate argument made in the form of a report in the year 1774, exhibits the New York side of the case and disclaims any valid title on the part of Massachusetts not- withstanding the terms of her Charter, to any portion of . territory west of New York.f The question, however, remained an open one and the claims of Massachusetts seem to have been respected in the diplomacy of the period ending with the establishment of the inde- pendence of the Colonies. The indefiniteness which characterized the description of the original bounds of these and other Colonies, * “ The claim of New York is very extensive, but her title very flimsy. She urges it more with the hope of obtaining some advantage or credit by the cession than of ever maintaining it.” [From “ a sketch of the State of Opinions in the Old Congress, drawn up by Mr. Madison.”] Sparks’ Washington, viii, 547. f N. Y. Col. Hist., viii, 434, etc. [Sen. Doc. No. 71.] 23 178 [Senate their territories in some cases obviously overlapping each other, laid the foundation for serious disputes during the Colonial period, and Tor still more serious controversy when the States became independ- ent of the Crown and assumed the ultimate sovereignty of these vast domains. Hence, the subject of the territorial extent of the several States, and of the ownership of the vast unoccupied territory formerly claimed by the Crown of Great Britain and known as the “ Crown Lands,” became one of the most important questions which came under the cognizance of the Continental Congress. As the States were en- tering into an arduous and expensive struggle for independence, and as some were comparatively rich and others poor in respect of terri- tory, and prospective revenue arising therefrom, the States which by their original charters were limited to definite Boundaries insisted that the others should relinquish for the general good, a portion, at least, of their western territory. The larger States, however, were not so indifferent to their newly assumed position of sovereign States, nor so ready to invest more than their relative proportion in a con- flict of doubtful issue, as to yield a ready assent to the claims prefer- red by the smaller States. When the Articles of Confederation and Perpetual Union were proposed and submitted to the several States for ratification, this subject of the western lands interposed the last and only really serious obstacle, and the delegates of several of the States in Congress were instructed to insist upon a recognition of their respective claims in this respect, before subscribing to the Articles of Confederation. As Congress had no authority to enforce these claims upon the States concerned, the only practicable method of solving the difficulty was merely to urge upon the States the duty of mutual concession in view of the necessity of united action in the face of a common and powerful foe. While urging this duty of con- cession upon the larger States, the smaller were encouraged to hope that the progress of liberal sentiments and the obvious importance of a permanent Union, would finally secure all that they claimed, even though for the present denied. This mediation on the part of Con- gress availed to secure the ratification on the part of each State ex- cept Maryland, although some of the other States signed the Articles under protest. Maryland stoutly refused to sign until the land question should be finally and satisfactorily settled, and for more than two years from 1779, her signature alone was wanting to complete the formal Union of the States under the Confederation. The wis- dom and influence of Congress was taxed to the utmost in the ineffect- ual attempt to induce the rival States to agree upon terms of settle- ment, and although no' State absolutely withdrew her aid from the war, there was imminent danger that the league thus far devoid of any binding obligation would soon be totally dissolved, especially if reverses in the field should ensue. The language of the official docu- ments of that period is conclusive as to the forebodings which filled the minds of the leading statesmen of that period with reference to the issue of this bitter controversy. In this, which was, perhaps, No. 71.] 179 more than any other, the very crisis of our affairs and prospects as an united and independent people, one man and one State undertook the task which many men and many States in their collective capacity had thus far failed to accomplish. And here it is not a little remark- able that the agency of this man, and this State by her voluntary act, has been either wholly or partially overlooked by our standard his- torians.* At the Suggestion of G-eneral Schuyler New York takes the Initiative. At this juncture General Philip Schuyler, one of the delegates from New York, addressed a letter to the Legislature of that State under date of 29 January, 1780. This letter is as follows : “ Gentlemen. Concieving it my Duty as a servant of the State to advise the Legislature of any Occurrences in Congress which may immediately affect either the Honor or the Weal of the State, I beg Leave to inform the honorable Houses in which you respectively preside of some Matters which I intended to have conveyed thro’ liis Excellency the Governor, supposing that to be the proper Chan- nel of Communication : but was prevented by his leaving the City, and as I humbly concieve the Subject worthy the immediate Atten- tion of the Legislature and that Evils may possibly arise from Delay, I have taken the Liberty to address myself to you, trusting that his Excellency’s Candor and that of the Legislature will excuse the Im- propriety if it should be deemed one. •’ Deeply impressed with a Sense of the intrinsic Advantages which would probably result to the United States in general, and this in particular, from a perfect and permanent Beconciliation with an Enemy so formidable to a weak and extensive Frontier as fatal Ex- perience has evinced the Indians to be, to whom Distance of Situa- tion seems no great Obstacle to prevent or retard their Incursions ; reflecting, with the most anxious Concern, on the Desolation and Variety of Distress incident on a Savage War; apprehensive that they would consider themselves without any Alternative but that of recommencing Hostilities ; dreading the Effects of a consequent Desperation on their part ; firmly believing that the greatly deranged State of the public Finances would render it exceedingly difficult to procure the necessary Supplies for that Army only which must keep the Enemy’s Force on the Sea Board in Check ; doubtful whether detachments of sufficient Force to protect the Frontiers could be spared from our Army whilst the British retained their present position ; aware of the Distresses and Expence incident on calling forth the Militia for the purpose ; convinced that an Obstacle of very interesting Importance would be removed if Events should happily arise which would permit us to turn our Attention to the Deduction * The first part of this Sketch of the History of the Meridian Boundary was pre- pared by the late Dr. D. J. Pratt, and was left incomplete at his death. 180 [Senate of Canada or the Enemies Fortresses in the interior parts of the Country ; persuaded that no farther offensive Operations could be prosecuted against the Savages with any probable prospect of ade- quate Advantage I embraced the earliest opportunity to advise Con- gress of the Overtures made by the Cayugas, and took the liberty strongly to point at the Necessity of an Accomodation with all the Savages : but not being honored with an Answer as early as the Im- portance of the Object seemed to require, and wishing to improve the Advantage which the first Impulse occasioned by the Disaster the Indians had experienced would probably afford us, I hastened to Con- gress to sollicit their Determination which was obtained on the November last, Copy whereof I have the Honor to enclose. “ Whilst the Report of the Committee on the Business I have alluded to was under Consideration a Member moved in substance ‘ That the Commissioners for Indian Affairs in the Northern Depart- ment should require from the Indians of the six Nations, as a pre- liminary Article, a Cession of part of their Country, and that the Territory so to be ceded should be for the Benefit of the United States in general & grantable by Congress . 5 A Measure so evidently injurious to this State exceedingly alarmed and chagrined those whose. Duty it was to attend to its Interests. They animadverted with Severity on the unjustifiable principle held up in the Motion ; the pernicious Consequence of divesting a State of its undoubted property in such an extrajudicial Manner was forcibly urged ; the Apprehen- sions with which it would fill and affect the Minds of a people who had been as firm in the present glorious. Contest ; who had made more strenuous and efficacious Exertions to support it ; had suffered more and still suffered as much as any were strongly painted. The Improbability that the Indians would accede to a Reconciliation when such a preliminary was insisted upon was observed by many Mem- bers & urged on a Variety of Considerations. The Gentlemen in Favor of the Motion attempted to support it on the general Ground that what was acquired or conquered at the common Expence ought to enure to the common Benefit : that the Lands in Question, altho’ they might be comprehended within the Limits of the State of New York (which however was not acknowledged) was not the property of the State, that being either in the Natives or by Right of Con- quest in the United States. The Motion was nevertheless after some farther desultory Debate rejected : but from what drop’d in the Debate we had Reason to apprehend that several who were opposed to the Motion founded their Opposition on the Necessity of a Recon- ciliation with the Indians, against which, they imagined the Spirit of the Motion would militate — and we had a few Days after a con- vincing proof that an Idea prevailed that this and some other States ought to be divested of part of their Territory for the Benefit of the United States, when a Member afforded us the perusal of a Resolu- tion for which he intended to move the House purporting 4 that all the Lands within the Limits of any of the United States, heretofore No. 71.] ISi grantable by the King of Great Britain whilst these States (then Colonies) were in the Dominion of that prince, and which had not been granted to Individuals should be considered as the joint prop- erty of the United States and disposed of by Congress for the Benetit of the whole Confederacy.’ The Necessity and propriety of such an Arrangement was strenuously insisted upon, in private Conversation, and even supported by Gentlemen who represented States in Circum- stances seemingly similar to ours with Respect to the Object of the intended Resolution. It was observed that if such States whose Bounds were either indefinite or were pretended to extend to the South Seas would consent to a reasonable Western Limitation, that it would supercede the Necessity of any intervention by Congress other than that of permanently establishing the Bounds of each State: prevent Controversy and remove the Obstacle which prevented the Completion of the Confederation. As this State would be eminently affected by such a Measure it was deemed of Importance as fully to investigate their Intentions as could be done consistent with that Delicacy and prudence to be observed on so interesting an Occasion and a Wish was accordingly expressed, as arising from, mere Curi- osity, to know their Idea of a reasonable Western Limitation. This they gave by exhibiting a Map of the Country, on which they drew a Line from the North west Corner of Pennsylvania (which on that Map was laid down as in Lake Erie) thro’ the Strait that leads to On- tario and thro’ that Lake and down the St. Lawrence to the forty- fifth Degree of Latitude for the Bounds of this State in that Quarter. Virginia, the two Carolinas and Georgia they propose to restrict bv the Alleghany Mountains, or at farthest by the Ohio to where that River enters the Mississippi and by the latter River to the south Bounds of Georgia — That all the Territory to the west of those Limits should become the property of the Confederacy. We found this Matter had been in Contemplation some Time, the Delegates from North Carolina having then already requested Instructions from their Constituents on the Subjects, and my Colleagues were in Sen- timent with me that it should be humbly submitted to the Legisla- ture, if it would not be proper to communicate their pleasure in the premises by Way of Instruction to their Servants in Congress. “ I am gentlemen with great respect & esteem Your most obe- dient Humble Servant Pll : SCHUYLER. “ The Honble Pierre Yan Cortlandt and Evert Banker Esq rs .”* The New York Legislature took prompt action upon the sugges- tions of this informal message, and passed 19 February, — “ An Act to facilitate the Completion of the Articles of Confed- eration and perpetual Union among the United States of America. “ Whereas nothing under Divine Providence, can more effectually contribute to the Tranquillity and Safety of the United States of * N. Y. Legis. Papers (MS.), No. 1544. Van Cortlandt was Lieutenant-Governor and President of the Senate, and Bancker was Speaker of the Assembly. 182 [Senate’ America, than a federal Alliance on such liberal Principles as will give Satisfaction to its respective Members ; And whereas the Arti- cles of Confederation and perpetual Union, recommended by the Honourable Congress of the United States of America , have not proved acceptable to all the States, it having been conceived, that a Portion of the Waste and uncultivated Territory, within the Limits or Claims of certain States, ought to be appropriated, as a common Fund for the Expenses of the War : And the People of this State of New York, being, on all Occasions, disposed to manifest their Begard for their Sister States, and their earnest desire to promote the general Interest and Security, and more especially to accelerate the federal Alliance, by removing, as far as it depends upon them, the before mentioned Impediment to its final Accomplishment ; “ I. Be it therefore Enacted by the People of the State of New York, represented in Senate and Assembly , and it is hereby Enacted by the Authority of the same, That it shall and may be lawful, to and for the Delegates of this State, in the Honourable Congress of the United States of America , or the major Part of such of them as shall be assembled in Congress ; and they the said Delegates, or the major Part of them, so assembled, are hereby fully authorised and empowered, for and on Behalf of this State, and by proper and anthentic Acts or Instruments, to limit and restrict the Boundaries of this State in the Western Parts thereof, by such Line or Lines, and in such Manner and Form, as they shall judge to be expedient, either with Bespect to the Jurisdiction, as well as the Bight or Pre- emption of soil ; or reserving the Jurisdiction in Part, or in the Whole, over the lands which may be ceded or relinquished, with Bespect only to the Bight or Pre-emption of the Soil. “ II. And be it further Enacted by the Authority aforesaid. That the Territory which may be ceded or relinquished by virtue of this Act, either with Bespect to the Jurisdiction as well as the Bight or Pre-emption of Soil, or the Bight or Pre-emption of Soil only ; shall be, and enure for the Use and Benefit of such of the United States, as shall become Members of the federal Alliance of the said States, and for no other Use or Purpose whatsoever. “ III. And be it further Enacted by the Authority aforesaid , That all the Lands to be ceded and relinquished by Virtue of this Act, for the Benefit of the United States, with Bespect to Property; but which shall nevertheless remain under the Jurisdiction of this State ; shall be disposed of and appropriated in such Manner only, as the Congress of the said States shall direct; and that a Warrant, under the Authority of Congress, for Surveying and laying out any Part thereof, shall entitle the Party, in whose Favour it shall issue, to cause the same to be surveyed, and laid out, and returned, according to the Directions of such Warrant; and thereupon, Letters patent under the Great Seal of this State, shall pass to the Grantee for the Estate specified in the said Warrant ; for which, no other Fee or Beward shall be demanded, or received, than such as shall be allowed by Congress. N o. 71.] 183 “ IY. Provided always , and be it further Enacted by the Au- thority aforesaid , That the Trust reposed by Virtue of this Act, shall not be executed by the Delegates of this State, unless, at least three of the said Delegates shall be present in Congress.”* And at the same time the Legislature adopted the following : “ Instructions . ... to their delegates in the Honourable Congress of the United States of America.” “Whereas by an Act passed at this present meeting of the Legis- lature held at the city of Albany Entitled An Act to facilitate the Completion of the articles of Confederation & perpetual Union among the United States of America. “You the said delegates are authorized to limit and restrict the boundaries of this State In the western parts thereof by such line or lines and in such manner and form as you for the purposes mentioned in the said act shall Judge expedient. And whereas; It is Con- ceived necessary in a business of such high moment to the state that you should be Instructed by the legislature m the Discharge of the trust reposed in you by the Said Act : You are therefore directed in limiting the said boundaries to Insist on the following propositions in the order in which they stand viz 1 : “ 1 st . On a line from the North East Corner of Pennsylvania along the north bounds thereof to Its north-west Corner and Continued from thence untill It Intersects a Meridian Line drawn from the 45 tn degree of North Lattitude thro a point ten miles due west from the most westerly Bent or Inclination of the Strait between Lake Erie and Lake S l Clair ; Thence bv the said Meridian line to the 45 th degree of North lattitude and thence by the said 45 th degree of North lattitude. “ 2 dly . On a line from the North East. Corner of Pennsylvania along the north bounds thereof to Its north west Corner and Con- tinued from thence until It Intersects a Meridian Line drawn from the 44 th degree of North Lattitude thro a point ten miles due west from the most westerly bent or Inclination of the Strait between Lake Erie and Lake St. Clair thence by the Said Meridian line to the 44 th degree of North lattitude Thence by the said 44 th degree of North Lattitude to lake Ontario or the River S l . Lawrence Thence down the north banks of the Said Lake and the Said river to the 45 th degree of north Lattitude, thence by the said 45 th degree of north Lattitude. “ 3 dly . On the bounds mentioned In the first proposition for the Jurisdiction of this State ; Yielding up to the united States the right of or preemption of Soil of the tract of Country lying west of a Meridian line drawn from the 45 th degree of north Lattitude thro a point twenty Miles due west of the most westerly bent or Inclination of the river or Strait of Niagara as far south & North & West of the s’d Meridian line as this State extends. “ 4 hly . On the bounds mentioned In the Second proposition for *N. Y. Legis. Papers (MS.), No. 126. 184 [Senate the Jurisdiction of this State Yielding up to the united States the right or preemption of Soil of the tract of Country described In the third proposition. “ 5 hly . On a line from the North East Corner of Pennsylvania along the north bounds thereof to the northwest Corner thence southerly alongthe west bounds thereof until the head of the Cayahoga bears due west thence due west to the Head of the Cayahoga thence down the Cayahoga to the mouth thereof thence due north to the 44 th degree of North Latitude, thence by the 44 th degree of north latitude to Lake Ontario or the River St. Lawrence ; thence by the North banks of the said Lake and of the said River to the 45 th degree of North Lattitude & thence by the said 45 th degree of North latitude. “6 hly . On the bounds described In the fifth proposition for the Jurisdiction of this state Yielding up to the united States the right or preemption of Soil of the tract of Country described in the third proposition and also the right or preemption of Soil of the tract of Country laying west of Pennsylvania and on the South Side of Lake Erie. u Yon are at liberty to agree upon any other line or lines which You may Judge from Circumstances to be Consistent with Your trust and equally advantageous for the State with either of the Propositions above mentioned but if neither of the said propositions or such others as you shall state shall take place You shall In no ease restrict, or limit the Bounds of the State so as to Exclude or relinquish Any part of the Territory comprized within the following descrip- tion which you are to Consider- and Maintain as the ultimatum of this State both In respect of the right of soil or Preemption from the Natives and of Jurisdiction subject to the Proviso hereinafter named to witt — a line from the North East Corner of Pennsylvania along the north bounds thereof to Its northwest Corner continued due west untill It shall be Intersected by a meridian line to be drawn from the 45 th degree of North lattitude thro a point twenty miles due west from the most westerly bent or Inclination of the River or strait of Niagara, thence by the said Meridian line to the 45 th de- gree of North Lattitude, and thence by the Said 45 th degree of North Latitude, Provided Nevertheless that If the Great object of the Said Act cannot otherwise be accomplished you Shall be at Liberty to cede for the benefit of the united States the right or pre- mption of Soil reserving the Jurisdiction,' or even both the right or, Preemption of Soil and of Jurisdiction to that tract of land part of 1 the Territory described In this Ultimatum which lies east of the Meridian Line mentioned in this Ultimatum and North of the 44 th degree of North Lattitude and of the Lake Ontario and of the River St. Lawrence.”* To us who know the comparatively small and insignificant area of territory which was actually covered by this release, the prompt ac- tion of New York, concurred in afterward by Massachusetts, who * N. Y. Legis. Papers (MS.), No. 59G. v No. 71.] 185 had a prior claim upon the land, would seem really to have been in the nature of “ buncombe,” or a shrewd political move to effect a grand purpose with a very small sacrifice, as Madison asserted ; but when we consider that this action was taken in the hight of the Revolution, with the tide of success just upon the turn in favor of the United States, and the probable northern limit of the embryo republic still unknown, the case assumes a different aspect. Governor Tryon in his Report upon the Province of New York in 1774,* while he acknowledged that under the grant to the Duke of York the Delaware River formed the western Boundary of the Province, had claimed that under the treaties of 1701 with the Five Nations, f and 1726 with the Cayugas, Onondagasand Senecas, J the real boundaries of the Province were the u Streights of Detroit and of Lake Huron ” on the west and the Parallel of 45 degrees on the north. This was the flimsy title to which Madison referred. Governor Tryon based his description of the Northern Boundary of the Province, north-west of the Saint Lawrence and Lake On- tario, upon the Royal Proclamation of 7 October, 1763, fixing the southern Boundary of the Province of Quebec. Parliament, 23 June, 1774, passed what is known as the “ Quebec Bill,” which an- nexed to that Province all the territory ceded by the treaty of Peace of 1763, west of the Niagara River, Lake Erie and the western boundary of Pennsylvania, and north-west of the Ohio River. This bill was opposed in all its stages by Edmund Burke, and was de- nounced by Lord Chatham as u a most cruel, oppressive and odious measure.” Burke succeeded in having a section inserted providing i ‘That nothing herein contained relative to the Boundary of the Province of Quebec, shall in any Avise affect the Boundaries of any other Colony.” This bill formed one of the grievances of the Colo- nies, which precipitated the Revolution. Early in 1779 Congress Avas considering the ultimata to be de- manded in a negotiation for peace, and upon 19 March adopted the following : u 1. That the thirteen United States are bounded, north, by a line to be drawn from the north-west angle of Nova Scotia, along the high lands which divide those rivers which empty them- selves into the river St. LaAvrence from those which fall into the Atlantic ocean to the north-westernmost head of Connecticut river; thence down along the middle of that river to the forty-fifth degree of north latitude ; thence due west in the latitude forty-five degrees north from the equator, to the north-westernmost side of the river St. Lawrence, or Cadaraqui ; thence strait to the South end of lake Nepissing ; and thence strait to the source of the river Missis- sippi ” * The Commissioner (Mr. Adams) appointed to negotiate a treaty of peace Avas required in his instructions to conform to these ultimata. Although the neAV instructions by Congress, 15 June, 1781, to the •Commissioners practically repealed the others, so far as Boundaries . * N. Y. Col. Hist., viii, 434-457. [Sen. Doc. No. 71.] f Idem, iv, 908-9. 24 \ Idem, v, 800-1. 186 [Senate were concerned, they were still held to as expressing the expecta- tions of Congress.* In the negotiations at Paris in 1782, the Boundaries as first fixed were first acceded to by the British Com- mission, but being submitted to the King were rejected. In the second set of Articles agreed to 5 Nov., 1782, the northern Boundary was fixed : — “ and along the said highlands to the northwestern- most head of Connecticut river, thence down along the middle of that river to the 45 th degree of north latitude, following the said lati- tude until it strikes the river Mississippi.” The third set which was finally adopted fixed the present Boundary, where W illiam Penn had suggested eighty years before. Thus it will be seen that the territory so readily released by New York and Massachusetts was supposed at the time to be quite as ex- tensive as that held by Virginia, and the actual sacrifice was greater as the line of Cession was placed farther east than the lines agreed to by any of the other Provinces as they afterward successively ceded their western lands. The description of the New York line of ces- sion shows that the “ 45 th degree of North latitude” was understood to be the northern Boundary of New York west of the Eiver St. Lawrence. This idea is further supported by the instructions to her delegates in 1780, quoted above, when they were authorized to cede territory east of the meridian and north of the 44 th degree, etc. The charter claim of Massachusetts covered but little more than one-fifth of the area of the western lands thus considered to be apper- taining to New York, although it included the entire area of the territory as actually ceded. September 6, 1780, “ Congress took into consideration the report of the committee to whom were referred the instructions of the gen- eral assembly of Maryland to their delegates. in Congress, respecting the articles of confederation, and the declaration therein referred to, the act of the legislature of New*- York on the same subject, and the remonstrance of the general assembl}" of Virginia ; which report was agreed to,” and this resolution adopted, “ Resolved , That copies of the several papers referred to the com- mittee be transmitted, with a copy of the report to the legislatures of the several states, and that it be earnestly recommended to those states, who nave claims to the western country, to pass such laws, and give their Delegates in Congress such powers as may effectually remove the only obstacle to a final ratification of the articles of con- federation; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe the said articles.” Copies of the report and of the several papers therein referred to, * “ As to disputed Boundaries and other particulars, we refer you to the instruc- tions formerly given to Mr. Adams, dated 14th August, 1779, and 18th October,. 1780, from 'which you will easily perceive the desires and expectations of Con- gress ; but we think it unsafe, at this distance, to tie you up by absolute and per- emptory directions upon any other subject than the two essential articles above mentioned.” No. 71.] 187 were sent to the Governors of the several States prefaced by a circu- lar from the President of Congress, in which he says, “ 1 am directed to transmit copies of this report and the several papers therein men-' tioned to the legislatures of the several states, that they all may be informed of the desires and endeavours of congress on so important a subject, and those particular states which have claims to the western territory and the state of Maryland, may adopt the measures recom- mended by congress in order to obtain a final ratification of the articles of confederation.” In response to this appeal from Congress Virginia, 2 January, 1781, passed the following resolution “ For accession of the lands on the north west side of Ohio to the United States.” “ The general assembly of Virginia being well satisfied that the happiness, strength and safety of the United States, depend, under Providence, upon the ratification of the articles for a federal union between the United States, heretofore proposed by congress for the consideration of the said states, and preferring the good of their country to every object of smaller importance, Do Resolve , That this commonwealth will yield to the congress of the United States, for the benefit of the said United States, all right, title, and claim that the said commonwealth hath to the lands northwest of the river Ohio, upon the following conditions, to wit : That the territory so ceded shall be laid out and formed into states containing a suitable extent of territory, That the States so formed shall be distinct republican States, and be admitted members of the federal union, having the same rights of sovereignty freedom and independ- ence as the other States “ That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the herein be- fore mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United American States, as have become or shall become members of the confederation or federal alliance of the said states (Virginia inclusive) according to their usual respective proportions in the general charge and expendi- ture, and shall be faithfully and bona fide disposed of for that pur- pose, and for no other use or purpose whatsoever “That all the remaining territory of Virginia included between the Atlantic ocean and the southeast side of the river Ohio, and the Maryland, Pennsylvania, and North Carolina boundaries, shall be guaranteed to the commonwealth of Virginia by the said United States. “That the above cession of territory by Virginia to the United States shall be void and of none effect, unless all the states in the American Union shall ratify the articles of confederation heretofore transmitted by congress for the consideration of the said states. “ Virginia having thus for the general good proposed to cede a great extent of valuable territory to the continent, it is expected in 188 [Senate return that every other State in the Union, under similar circum- stances as to vacant territory, will make similar cessions of the same to the United States for the general emolument.”* The action of New York and Virginia so far obviated the objec- tions of Maryland that her Legislature passed “ An Act to empower the delegates of this State in Congress to subscribe and ratify the articles of confederation.” “And that the said articles of confederation and perpetual union, so as aforesaid subscribed, shall henceforth be ratified and become conclusive as to this state, and obligatory thereon. And it is hereby declared, that, by acceding to the said confederation, this state doth not relinquish, or intend to relinquish, any right or interest she hath, with the other united or confederated states, to the back country ; but claims the same as fully as was done by the legislature of this state, in their declaration, which stands entered on the journals of Congress; this state relying on the justice of the several states here- after, as to the said claim made by this state. “And it is further declared, that no article in the said confederation, can or ought to bind this or any other state, to guarantee any exclu- sive claim of any particular state, to the soil of the said back lands, or any such claim of jurisdiction over the said lands or the inhabitants thereof. ” James Duane, one or the New York delegates, wrote 3 February to the presiding officers of the New York Legislature : “ Amidst our many and great Embarasments we have the satis- faction to inform you that Virginia has ceded to the united States all her Claims to the westward of the Ohio ; and we are preparing to execute our powers on the same Subject. Maryland we are in- formed, though not officially, has acceded to the Confederation : we believe there is no doubt of the Fact. These are Events of the utmost moment to our Independence and future Tranquility, and they are more pleasing as our State has taken the Lead in the meas- ures by which they have been accomplished.” In Congress, 1 March, 1781, the Delegates from New York signed the following declaration : “Whereas it is stipulated as one of the conditions of the cession of territory, made for the benefit of the United States by the legis- lature of the state of Virginia, that the United States should guar- antee to that state the boundaries reserved by her legislature for her future jurisdiction ; and it would be unjust that the state of New York, as a member of the federal union, should be compelled to guarantee the territories which shall be reserved by other states making such cessions, when her own boundaries, as they are to be limited and restricted by the act or instrument of cession now to be executed, shall not be guaranteed in the same manner; wherefore, the said delegates for the state of New York, being uriinstructed on this subject by their constituents, think it their duty to declare, and *Hening’s (Va.) Statutes at Large, x, 564-6. No. 71.] 189 they do by this present instrument declare, that the cession of terri- tory and restriction of boundary of the state of New York, now to be made by them in behalf of the people of the said state, shall not be absolute ; but on the contrary shall be subject to ratification or disavowal by the people of the said state, represented in senate and assembly, at their pleasure ; unless the boundaries reserved for the future jurisdiction of the said state, by the instrument of cession now to be executed by us, shall be guaranteed by the United States, in the same manner and form as territorial rights of the other states shall be guaranteed, which have made or may make cessions of part of their claims for the benefit of the United States ; the people of the state of New York, on their part, submitting that any part of their limits, which are or may be claimed by any of the United States,, shall be determined and adjusted in the mode prescribed for that purpose by the. articles of confederation.” After which, in the same presence, they executed also a Deed of Cession, by which they, “for and in behalf of the said state of New York, limit and restrict the boundaries of the said state in the western parts thereof, with respect to the jurisdiction, as well as the right or pre-emption of soil, by the lines and in the form following, that is to say : a line from the northeast corner of the state of Pennsylvania, along the north bounds thereof to its north-west cor- ner continued, due west until it shall be intersected by a meridian line, to be drawn from the 45 th degree of north latitude, through the most westerly bent or inclination of lake Ontario ; thence by the said meridian line to the 45 th degree of north latitude; and thence by the said 45 th degree of north latitude ; but if on ex- periment, the above described meridian line shall not compre- hend 20 miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents, in the name of the people, and for and on behalf of the state of New York, and by virtue of the authority aforesaid, limit and restrict the boundaries of the said state in the western parts thereof, with re- spect to jurisdiction, as well as the right of pre-emption of soil, by the lines and in the manner following, that is to say ; a line from the north-east corner of the State of Pennsylvania,” [etc., as above], “ And we do by these presents in the name of the people, and for and on behalf of the state of New York, and by virtue of the power and trust committed to us by the said act and commission, cede, transfer, and forever relinquish to, and for the only use and benefit of such of the states as are or shall become parties to the articles of confederation, all the right, title, interest, jurisdiction and claim, of the said state of New York, to airlands and territories to the northward and westward of the boundaries, to which the said state is in manner aforesaid limited and restricted and to be granted, disposed of, and appropriated in such manner only, as the Congress of the said United or Confederated States shall order and direct.” 190 [Senate Thereupon two of the Delegates of Maryland did, “ in behalf of the said state of Maryland, sign and ratify the said articles, by which act the confederation of the United States of America was completed, each and every of the Thirteen United States, from New Hampshire to Georgia, both included, having adopted and confirmed, and by their delegates in Congress ratified the same.” The New York Deed of Cession was referred to a committee which already had under consideration the Virginia act of Cession, the remonstrances of claimants of certain of Virginia’s western lands, and a conditional act of Cession passed by the Legislature of Con- necticut 12 October, 1780. The Committee 1 May, 1782, reported the following resolution ; “ That Congress do, in behalf of the United States accept the cession made by the state of New York, as contained in the instrument of writing executed for that purpose by the agents of New York, dated the — day of — last past, and now among the files of Congress ; and that the president do take the proper measures to have the same legally authenticated, and registered in the public records of the State of New York,” and stated the reasons which induced them to recom- mend the acceptance : “ 1st. It clearly appeared to your committee that the lands belong- ing to the Six Nations of Indians, and their tributaries, have been in due form put under the protection of the crown of England by the said Six Nations, as appendant to the late government of New York, so far as respects jurisdiction only. “ 2d. That the citizens of the said colony of New York have borne the burthen, both as to blood and treasure, of protecting and sup- porting the said Six Nations of Indians, and their tributaries, for upwards of 100 years last past, as the dependants and allies of the said government. “3d. That the crown of England has always considered and treated the country of the said Six Nations, and their tributaries, inhabiting as far as the 45th degree of north latitude, as appendant to the gov- ernment of New York. “ 4th. That the neighboring colonies of Massachusetts, Connecti- cut, Pennsylvania, Maryland, and Virginia, have also, from time to time, by their public acts, recognized and admitted the said Six Nations, and their tributaries, to be appendant to the government of New York. “ 5t.h. That by Congress accepting this cession, the jurisdiction of the whole western territory belonging to the Six Nations and their tributaries, will be vested inYlie United States, greatly to the advan- tage of the Union.” The committee also submitted the following, with their reasons : “ Resolved , That Congress do earnestly recommend to the states of Massachusetts and Connecticut, that they do without delay release to the United States in Congress assembled, all claims and pretensions of claim to the. said western territory, without any conditions or re- strictions whatever.” No. 71.] 191 “ Resolved, That Congress cannot, consistent with the interests of the United States, the duty they owe to their constituents, or the rights necessarily vested in them as the sovereign power of the United States, accept of the cession proposed to be made by the State of Virginia, or guarantee the tract of country claimed by them in their act of cession referred to your committee “ Resolved , That it be earnestly recommended to the State of Vir- ginia, as they value the peace, welfare, and increase of the United States, that they re-consider their said act of cession, and by a proper act for that purpose, cede to the United States all claims and preten- sion of claim to the lands and country beyond a reasonable western boundary, consistent with their former acts while a colony under the power of Great Britain, and agreeable to their just rights of soil and jurisdiction at the commencement of the present war, and that free from any conditions and restrictions whatever.” The general discussion of the subject was prolonged through the Session, until 29 October, 1782, when on motion of the Delegates from Maryland it was, mt Resolved, That Congress do, in behalf of the United States, accept all the right, title, interest, jurisdiction and claim of the state of New York, as ceded by and contained in the instrument of writing executed for that purpose by the agents of New York, dated the first of March, 1781,” Massachusetts and Virginia voting in the negative. The next day a motion “That it be resolved, that nothing in the resolve passed yesterday, be understood to operate towards prevent- ing the determination of any dispute that has arisen or may arise concerning territory, between the state of New York and any other state or states in the union, by the 9th article of the confederation, in the samejnanner as if the cession had not been made,” was re- jected. This referred to the contest between Massachusetts and New York (see Appendix L). The discussion of the Virginia act of Cession still continued. The delegates from New' Jersey in June, 1783, presented a remonstrance from the Legislature of that State in which 66 They do therefore ex- press their dissatisfaction with the cession of western territory made by the State of Virginia, in January, 1781, as being far short of affording that justice which is equally due to the United States at large, and request that Congress will not accept of the said cession, but that they will press upon the said state to make a more liberal surrender of that territory of which they claim so boundless a pro- portion.” Upon 11 and 13 September, the report of the committee on the cession of Virginia was again considered, and after being amended by adding the following paragraph, it was adopted. “ As to the last condition [8. That all the remaining territory -of Virginia, included between the Atlantic ocean and the southeast side of the river Ohio, and the Maryland, Pennsylvania and North-Caro- lina boundaries, should be guaranteed to the common w'ealth of Vir- 192 [Senate ginia, by the United States] your committee are of opinion, that con- gress cannot agree to guarantee to the commonwealth of Virginia, the land described in the said condition, without entering into a discussion of the right of the state of Virginia to the said land ; and that by the acts of Congress it appears to have been their intention, which the committee can not but approve, to avoid all discussion of the terri- torial rights of individual states, and only to recommend and accept a cession of their elaims whatsoever they might be, to vacant terri- tory. Your committee conceive this condition of a guarantee, to be either unnecessary or unreasonable; inasmuch as, if the land above- mentioned is really the property of the state of Virginia, it is suffi- ciently secured by the confederation, and if it is not the property of that state, there is no reason or consideration for such guarantee. “ Your committee therefore upon the whole recommend, that if the legislature of Virginia make a cession conformable to this report, Congress accept such cession.” The Virginia Legislature soon afterward passed a new act of Ces- sion in accordance with the terms stipulated by Congress “in full confidence that congress will, in justice to this state for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal for the common benefit and support of the union. 5 '* And on the 1 st day of March, 1784, the Delegates from Virginia signed the Deed of Cession and Congress ordered “ the same to be recorded and enrolled among the acts of the United States in Congress assembled.” April 29, Congress resolved to again present the subject to the States which had not yet complied with the recommendations to cede the vacant territory, and adjourned upon the third day of June after receiving a petition from the Legislature of Massachusetts setting forth that New York had possession of a part of the land covered by her charter, and requesting a court agreeably to the provisions of the Articles of Confederation. Upon 13 November following, the Legislature of Massachusetts passed “ An Act empowering the Delegates of the Commonwealth, in the United States in Congress assembled, to relinquish to the LTnited States certain Lands, the Property of this Commonwealth. u Whereas several of the States in the Union have at present no interest in the great and extensive tract of uncultivated country, lying in the westerly part of the United States, and it may be rea- sonable that the States above mentioned should be interested in the aforesaid country : “ Be it enacted by the Senate and House of Representatives , in General Court assembled , and by the authority of the same , That the delegates of this Commonwealth, in the United States in Con- gress assembled, or any threef of the said delegates, be, and they hereby are authorized and empowered, for and in behalf of this Hening’s Stat., xi, 326-8. f Afterward amended to two. 193 No. 71.] 1 Commonwealth, to cede or relinquish, by authentick conveyance or conveyances, to the United States, to be disposed of for the common benefit of the same, agreeable to a Resolve of Congress of October the tenth, one thousand seven hundred and eighty, such part of that tract of land belonging to this Commonwealth which lies between the rivers Hudson and Mississippi , as they may think proper; and to make the said cession in such manner and on such conditions as shall appear to them to be most suitable.” April 18, 1785, Congress accepted the cession and the following day the deed was executed by two Delegates in which they “ assign, transfer, quit claim, cede and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title and estate of and in as well the soil as the jurisdiction, which the said common- wealth hath to the territory or tract of country within the limits of the Massachusetts charter, situate and lying west of the following line : That is to say, a meridian line ” [as in the Deed of Cession executed by the New York Delegates, 1 March, 1781.] Thus the History of the statute establishment of the “ Meridian Boundary” between New York and Pennsylvania is complete. The consideration of the subject of the cession of the vacant west- ern lands by the remaining States still continued. North Carolina had passed an act ceding all her territory west of the Allegany Moun- tains, and had afterward repealed it, as u the States of Massachusetts and Connecticut , after accepting the Cession of New York and Vir- ginia , have since put in Claims for the whole or a large Part of that Territory, and all the above expected Measures for constituting a substantial common Fund, have been either frustrated or delayed.” The Connecticut act of Cession was considered, and a resolution was adopted agreeing to accept of a cession of her lands west of a line 120 miles west from the western line of Pennsylvania, in accord- ance with which a new act of cession was passed by her Legislature, which was accepted 14 September, 1786, although George Washing- ton thought the compromise allowing her to retain the “ Western Reserve” a disadvantageous one for the Union (See II and III, Ap- pendix L). The South Carolina Legislature passed an act of cession of a por- tion of her Western Lands, 8 March, 1787, which was accepted by Congress. Georgia had also passed an act which, on account of the terms proposed, was not accepted. And not until 1802 were the final arti- cles of agreement and Cession concluded with that State. North Carolina, in 1789, adopted anew law authorizing her Dele- gates to convey to the United States her lands west of a certain Boundary, which was accepted by Congress in 1790. Connecticut in 1800, at the request of Congress renounced her right and title to all lands claimed by her west of the east line of New York except the “ Western Reserve,” the jurisdictional claim to which only was renounced. [Sen. Doc. No. 71. J 25 194 [Senate Meanwhile the Parallel Boundary between New York and Penn- sylvania had been established upon the ground by joint action of the two States. This was six years after the Deed of Cession was exe- cuted by the New York Delegates. It was necessary for the United States to know the Eastern limit of the ceded lands. She had con- tracted to sell the Tract to Pennsylvania, and it was requisite to know its area and its boundaries. It was estimated that the line of cession would intersect the new State Boundary somewhere near the Conewango River, over thirty miles East of the actual point of inter- section. Even Andrew Porter, one of the Commissioners who sur- veyed the Boundary in 1787, had this idea of the geography of the region. An explanation of this erroneous idea is found in the fact that the initial point of this line, the western end of Lake Ontario, where it was fixed upon, was entirely within the enemy’s country, which swarmed with hostile savages. No one, from any of the maps of that date, or from any idea formed by traversing an almost unbroken wilderness, could possibly make any definite estimate as to where a meridian line from this point would intersect the south shore of Lake Erie. On the sixth day of June, 1788, Congress upon the report of a Committee adopted the following : “ Resolved , That the geographer of the United States be, and he is hereby directed to ascertain by himself or by a deputy duly appointed for the purpose, the boundary line between the United States and the states of New York and Massachusetts, agreeably to the deeds of cession of the said states. “ That the said geographer inform the- executives of the states of New- York and Massachusetts of the time of running the said line, in order that they or either of them may, if they think proper, have persons attending at the time. “ That the said geographer or his deputy, having run the meridian between Lake Erie and the state of Pennsylvania, and marked and noted down in his field-book, proper landmarks for perpetuating the same, shall proceed to make a survey of the land lying west of the said line, between lake Erie and the state of Pennsylvania, so as to ascertain the quantity thereof.”* Captain Thomas Hutchins was the Geographer-General of the United States from 1781, until his death in 1759. He appointed as his deputy to run the line, Andrew Ellicottf who had been one of the * Penn. Arcli., xi, 383. f Maj. Andrew Ellicott was born in Bucks County, Pennsylvania, 24 January, 1754. He was tlie eldest son of Joseph Ellicott, a man noted for his mechanical skill and mathematical knowledge, winch were inherited by his children. Andrew, at the age of fifteen, had been quite expert in the manufacture of mathematical instruments. In 1774 he married and removed with his father to Ellicott’s Mills in Maryland, there they were engaged in making watches, clocks and astronomi- cal instruments. As Major, he commanded a battalion of Maryland Militia in the Revolution. In 1784 he was a Commissioner on the part of Virginia in extending Mason and Dixon’s line and running the Meridian Boundary between that State and Pennsylvania, Removing his family to Baltimore in 1785, he was appointed No. 71.] 195 Commissioners in running the western line of Pennsylvania in 1785, and for the survey of the Parallel Boundary between New York and Pennsylvania in 1786-7. Mr. Ellicott, upon accepting the appoint- ment, addressed President Mifflin of Pennsylvania, 19 December, 1788, as follows : “ Sir, Being appointed to run the Line between the western boundary of the State of N. York, and the late purchase made by this State (of Congress) of a Tract of Country lying on the South side of Lake Erie, I shal just mention some difficulties which will proba- bly attend the execution of this business, — and first, because the Point which limits the State of N. York to the Westward, agreeably to the cession made by that State, and the State of Massachusetts to Congress in the year [1781], lies within the British Settlements on the West end of Lake Ontario, it will therefore be necessary to ob- tain leave from the Commandant at Niagara, or the Governor of Canada to go within the British lines to commence the business. As tliis will be a matter of science only, and cannot possibly interfere with either their Jurisdiction or Property, we may reasonably expect that a proper representation made by Authority will be attended with success. The second difficulty will be the Indians, but as they are particularly attached to, and influenced by Cols. Butler and Brandt, I would beg leave to suggest the Idea of obtaining their interest by some means or other.”* Yice-President Loss of the Executive Council 23 January, 1789, called the attention of the Delegates in Congress to the matter thus : “Gentlemen, Andrew Ellicott Esquire who is appointed by the Geographer General of the United States to run the line between the Western boundary of the State of New York and the late purchase made by this State of Congress of a Tract of Land lying on the south of Lake Erie, has applied to the Executive Council of this State, stating some difficulties which he apprehends may probably attend the execution of that Business. Commissioner with Rittenhouse and Porter, by the Governor of Pennsylvania, to locate the remainder of the Western Boundary of that State, and in 1786-7, was a Commissioner on the Northern Boundary of Pennsylvania. Major Ellicott rep- resented Baltimore in the Legislature. In 1789 he moved to Philadelphia, and in that year he was appointed by President Washington to run the Cession Line, now the Meridian Boundary of New York, and survey the Erie Triangle. On the death of Captain Thomas Hutchins he was appointed Geographer of the United States. After completing the survey of the Erie Triangle he was engaged upon the survey of the District of Columbia, and in laying out the City of Washing- ton. Assisted by his brother Benjamin, and Augustus Porter, he ran the New Pre-emption Line north from Milestone 82 in New York in 1794. May 4, 1796, he was appointed by President Washington, Commissioner to fix the Boundary of the United States and the Spanish Possessions. He was absent upon this expedi- tion four years, and published a journal of his experiences and observations upon it in 1803. Appointed Surveyor-General of the United States in 1801, he was at the same time until 1808, Secretary of t lie Land Office of Pennsylvania. He was commissioned to run the North Boundary of Georgia in 1811-2. And was appointed Professor of Mathematics at the West Point Academy, 1 September, 1813, and continued as such until his death, 28 August, 1820. He had four sons and six daughters. * Penn. Arch., xi, 429. 196 [Senate “ Council have thought it expedient previous to their taking any measures to expedite the completion of this work, to write to the delegates to know what steps or if any have been taken by Congress to obtain leave from the Governor of Canada or the Commandant at for the Geographer General or any person under his appoint- ment to go within the British settlements or lines to make the ne- cessary observations to enable him to begin and carry into execution the laying off the Tract of Country aforesaid.”* * * § The delegates replied in a note dated February 2, as follows: “Sir, We have been honoured with a communication from the Executive Council of the 23 d Ultimo. “ The same Ideas were suggested by the Geographer last summer, but no measures were adopted by Congress to facilitate the comple- tion of that survey.” f Tench Coxe wrote 1 February to President Mifflin upon the same subject, “ As there is not yet a Congress, and there is not a certainty of seven states, I would submit the propriety of applying to the Secy, for foreign affairs to write to the Governor of Canada, for permission to enter the British country to make the necessary astro- nomical observations, & for information whether Mr. Ellicott can have the necessary supplies of provisions, boats, &c., from the Brit- ish posts. Mr. Gorman [Gorham] of Massachusetts, who is among the purchasers of the cession of property by New York, to that State, is of opinion that difficulties might arise if our Geographers name (Capt. Hutchins and Jonson) should appear, as he is consid- ered by them in the light of an officer leaving their service in time of wai*4 . . 1 find among the papers of Congress an ap- plication from Capt. Hutchins to them in June last, to take up this Business, which would have been done in a few days, but when our delegates were prepared, there ceased to be a quorum of States. The delay of this matter till the next Government meets, will throw it into the great Mass of objects that will go before them. I therefore think it very proper that we apply to Mr. Jay, if council approve the step without the least delay.” § A question of finance was next to be settled. Ellicott presented a petition to Congress asking that money should be “ advanced to defray his expenses, and to enable him to execute an act of the late Congress for determining the western Boundary of the State of New York.” The matter was referred to a Committee. The Com- mittee reported and the House proceeded to consider the report, which was adopted after being amended to read “ That the survey directed by Congress in their act of June 6 th , 1788, be made and returned to the Secretary of the Treasury, without delay ; and that * Penn. Arch., xi, 537. f Idem, xi, 543. \ Capt. H. was in London at the commencement of the Revolution, and in 1779 was suspected of holding correspondence with Franklin, then in France, for which he was imprisoned six weeks. See Allen’s American Biog. Diet., article Thomas Hutchins. § Penn. Arch., xi, 543. No. 71.] 197 the President of the United States be requested to appoint a fit person to complete the same, who shall be allowed five dollars per day, whilst actually employed in the said service, with the expenses necessarily attending the execution thereof.” This was concurred in by the Senate. Secretary John Jay announced to Gov. Clinton of New York this action of Congress, 4 September, 1789. “Sir. — In pursuance of the orders of the President of the United States, I have the Honor of transmitting to your Excellency here- with enclosed, a Copy of an Act of Congress of the 6th June, 1788, and of a concurrent Resolution of the Senate and House of Representatives (passed by the latter on the 10 th , and concurred in by the former on the 19 th August last.) In pursuance of a Request contained in this Resolution, the President has been pleased to ap- point Andrew Ellicott to compleat the Survey therein mentioned, who will begin that work on the 10 th Day of October next ; and I am directed to give your Excellency this information, in Order that the State of New York may if they think proper, have Persons at- tending at the time.” * Mr. Ellicott addressed the Executive Council 11 September thus: “In executing the Survey to be made on Lake Erie, I shall stand in need of two Surveying instruments, and a small Quadrant, the prop- erty of this Commonwealth : If they should not be otherwise en- gaged, I shall esteem it a particular favour to have the loan of them, on the above occasion.” And the Council “ Resolved, That the re- quest of Mr. Ellicott be complied with, and that David Rittenhouse, Esquire, be directed to furnish him with the said instruments, taking a receipt to return them when required.” In another letter dated 22 September, Mr. Ellicott says to Presi- dent Mifflin, “As the State of Pennsylvania by its purchase of the United States of a Tract of Country lying on the South side of Lake Erie, has become interested in the Execution of the survey, so far as it relates to the Quantity of Land, I would therefore just suggest the Idea of some person being authorized to attend on behalf of the State. — I shall leave this City about the last of this week, and pro- ceed to Niagara in order to execute my commission on behalf of the United States.” f And again to the Executive Council 3 June 1790, “In order to satisfy the Indians, and insure safety to myself, and party, in the execution of the resolve of Congress of June 6th, 1788, I think it will be necessary to have a copy of the Deed given by the Senecas, to Messrs. Butler, and Gibson, Commissioners on behalf of the State of Pennsylvania, for certain land lying on the South side of Lake Erie, and west of the Conawango River, and the Carrying place between Lake Chaughtaughque,;j: and Lake Erie.” This deed was that executed by Cornplanter and twenty -three other chiefs of the Six Nations, conveying to Pennsylvania the land ceded by New York and Massachusetts to the United States. * We find no record of such an appointment. Clinton Papers (MSS.), 6044. ■f-Penn. Arch., xi, 615. j “Ja-da-qua,” Place of easy death. Ja-dax-que on some old maps. 198 [Senate The history of the purchase of the “ Erie Triangle,” as the ter- ritory ceded by New York to the United States is popularly desig- nated, is further discussed in Appendix M. Original Surveys. A s for the actual business of the survey we have hardly any record. In fact no record at all has been found, not even a diary or a report, of Andrew Ellicott’s work upon this Boundary, or upon the Survey of the “ Erie Triangle.” The Assistant Secretary of the Board of Regents, the late Dr. D. J. Pratt, in 1866, endeavored by extensive correspondence with the Departments in Washington, and with relatives and descendants of Mr. Ellicott, to find the missing documents, but without success. The correspondence may be found in Regents’ Report on Boundaries, i, 316-329.* Aside from an official letter to President Washington, we have very little that is authentic relating to the Survey. He was accompanied by his brothers, Joseph and Benjamin, as his Assistants, and by Gen. Israel Chapin, and Frederick Saxton, who went with him on behalf of Phelps and Gorham, who had pur- chased the Massachusetts Pre-emption in Western New York. The initial point of the survey was the western “ bent” of Lake Ontario, a point nearly forty miles within the British Dominions, and it was necessary that the Surveyors should proceed to this place, for the starting point of their Survey. Ellicott, as we have seen, had applied to the proper authorities to obtain permission to invade the British Territory for this purpose. The party arrived at Fort Niagara be- fore the required permission had reached them. His letter to Presi- dent Washington written from Philadelphia 15 Jan., 1790, tells the whole story : “ Sir, I arrived in this City the day before yesterday, after a long and tedious journey from Fort Erie, and have the satisfaction to in- form your Excellency that so much of the Survey on which I was employed, that fell within the Territory of his Britanick Majesty is compleated. I find the Geography of the Country about the Lakes very erroneous, too much so to be even a tolerable guide. The south side of Lake Erie is laid down half a degree too far to the South, in the American Atlas published in 1776 ; and said to be corrected by Maj r Holland, De Brahm, and others. TJie same Lake is by Hutch- ins, and McMurry, placed 20 miles too far north ; similar errors attend all that country thro’ which I passed A corrected Chart of the west end of Lake Ontario, the Strait of Niagara, and part of Lake Erie comprehending the whole British settlement of Nassau shall be handed to vour Excellency as soon as I come to New- York. * Judge William Peacock, who was well acquainted with Major Ellicott, was of the opinion that the report was made to the Secretary of State at Washington, and was probably lost or destroyed when the British burned the public buildings in 1814. No. 71.] 199 - “ From certain data , which cannot be materially defective, the Sale of Lands made by the United States to the State of Pennsylvania will not neat less than thirteen thousand pounds specie to the Union, rating Certificates at f to the pound. “ On my arrival at the Garrison of Niagara on the 21 9t day of October last, I was introduced by the Officer of the day, in company with Gen. Chapen of Massachusetts, and Mr. Joseph Ellicottof Bal- timore, to the Commandant Lieuh Col. Harriss. After the introduction I produced my Commission, which the Col. looked over; and then addressed himself to me in the following words. — ‘ Pray Sir what request have you to make from this paper?’ (meaning the Commis- sion.) To which I replied, ‘ In order to execute the duties of my appointment it will be necessary to go into the Territory of his Bri- tanick Majesty ; but as you may not be authorized to grant such permission, an express has been sent on by our Secretary of foreign affairs to his Excellency Lord Dorchester Governor of Canada to ob- tain this privilege ; and if the express has not yet arrived, my present request is only that myself and party may have the liberty of staying in the Country, with such privileges as are allowed to other gentle- men from the United States, and wait his arrival.’ To which the Col. replied ‘ You cannot have permission to stay in this Country. You must leave it Sir.’ I then informed him that our going away so precipitately must be attended with inconveniency to ourselves, and the present expence of the United States, sacrificed to no purpose; and as I was confident that the express would arrive with the first Yessel, and from a desire to have the business executed with all pos- sible dispatch, I should not be very punctilious about the privileges ; but would willingly be confined to one single Acre of Ground, or any other space, and under any restrictions which he himself should prescribe : to which he replied, ‘ Your request cannot be granted Sir, you must leave this Country and that with expedition.’ I then in- formed him, that myself, and companions were much fatigued with a long and painful journey, and our Horses broken down with hard duty and the want of food ; and that our return home might be marked with some degree of certainty, I requested the privilege of continuing some few days in the country to refresh our- selves and recruit our horses. To which he returned 4 1 cannot be answerable for your situation. You are not to continue in this country, and if you stay anywhere in it, I shall hear of you, and will take measures accordingly.’ I then observed to him that I had some Gentlemen in my party, who were very desirous to view the falls of Niagara, and as this was the only probable opportunity which would ever fall in their way, I requested that their curiosity might be gratified ; particularly as the falls were not near any of their posts. To which he answered, 4 Your Gentlemen cannot be gratified, they cannot see the falls, too many people have seen the falls already.’ I then began to make some observations on the com- mon usage of all civilized Nations with regard to matters of Science, 200 [Senate and natural curiosities; but was soon interrupted by the Col. who desired that I 6 would not multiply words on that subject,’ that he 4 was decisive and we must depart.’ He then addressed himself to Col. Butler of the Bangers, (who was present), as follows. Col. it is our Lunchion time, will you go and take a cut with us.’ Then turning to me he said 4 You may retire to the Tavern in the Bottom, and purchase such refreshment as you may want ; in the meantime (pointing to my Commission which lay on the Table) ‘I will take a copy of that paper, after which the Adjutant shall return you the original.’ We were then attended by the Officer of the day to the Tavern. — After some consideration I thought it best to make one other request to the Commandant which was, that myself, and party might have permission to go to the Indian Settlement on Buffalo Creek, which is 30 miles from the Garrison, and in the Territory of the United States, and there wait the arrival of the express. This request was handed to Col. Harrissby my companion Gen. Chapen; but shared the same fate with the others. — Some time after dark the Adjutant waited upon us with the enclosed pass, without which we could neither get out of the Garrison nor pass the Indian Settle- ments in our own country. — From the tenor of the pass it appears that the Military jurisdiction of the British Garrison at Niagara is extended to the Jenesseo Biver ; but this in my opinion is more fully confirmed by their general conduct in that quarter. After leaving the garrison, we had five miles to ride to join our party, on our ar- rival, we gave immediate orders to have our Baggage prepared, and every measure taken for an early movement the next morning; but before we had time to leave the ground, a Lieut. Clarke waited upon us and renewed the orders of the Col., and added 4 that the Com- mandant desired that our departure might be attended with expedi- tion.’ — We left the ground about 9 o’clock in the morning and pro- ceeded to the Jenesseo Biver a distance of near 100 miles, where we received Lord Dorchester’s permission to execute any part of our business, which might fall in the Territory of his Britanick Majesty by an express sent by Cap*. Guion, who had in the meantime arrived at Niagara from Quebec. — Although our Horses were unable to re- turn, I was nevertheless determined to go on with the business. — We then employed Canoes to carry our Instruments and Baggage down the Jenesseo Biver to the carrying-place, where we procured a Boat and returned up Lake Ontario to N iagara. — On our return, we were treated with politeness, and attention. We entered immedi- ately upon the execution of our business, which was attended with uncommon difficulty and hardship. — No Horses were to be had in that Country at any price, we were therefore under the necessity of employing a greater number of men than would otherwise have been wanted which has added considerably to the expence.” The gallant Briton who so valiantly defended the Canadas from this irruption of scientific marauders graciously furnished them with the following pass when he so summarily sent them away from the Fort. No. 71.] 201 “ By John Adolphus Harris Esquire, Lieut Colonel of the 1 st Battallion, 00 th Begiment, Commanding Niagara &c &c “ Permit the Bearers Andrew Ellicott, Joseph Ellicott, Benjamin Ellicott, Jonathan Browns, Isaac Bornet, John Sullivan, Israel Chapen and Frederick Seaton [Saxton] to pass from hence without delay and by the nearest Route to the Genecies. “ To all Concerned Given under my hand & Seal at Niagara this Twenty -first day of October, 1789. — “ Jn° Adolp 5 . Harris (Seal) Lieut : Col 0 . Com" 0 Upper Rosts T From such meager information as is available, it is probable that Mr. Ellicott after getting the longitude of the starting point, made a survey east to the Niagara Biver, traversed that river and the south shore of Lake Erie until he found himself, by computation from Lis measurements, in the meridian of the starting point. Gen. Charles B. Stuart, in his biographical sketch of Ellicott, says : “ It was while making the traverse of the Canadian side of the Niagara Biver in 1790, that Andrew, Joseph and Benjamin Ellicott first saw the Falls of Niagara; and that Joseph and Benjamin, as the Assistants of Andrew Ellicott, made the first actual measure- ment of the entire length of Niagara Biver, the respective falls of the river from Lake Erie to Lake Ontario, the height of the Great Falls, and the descent of the Bapids. Andrew Ellicott, in making his report of the survey of the boundary line, makes mention of these measurements of the river, which have ever since been the acknowledged authorities in all books giving an account of Niagara Falls.”. Having verified his position upon the South shore of Lake Erie, he run the line south in the Meridian. Of the character of the instruments used we can only infer from his letter to the Executive Council, 11 September, 1789. Except, in his letter to Bobert Patterson, 2 April, 1795, in describing the methods used in laying out the District of Columbia, he says, These lines were traced with a transit and equal altitude instrument which I constructed and executed in 1789, and used in running the Western Boundary of New York.” * This instrument he used in running the principal avenues in the city of Washington; and in fixing the Boundary between the United States and the Spanish Possessions (Florida) in 1796-9.f How much time was required to run the Meridian Boundary is unknown. In his letter to President Washington, quoted above, writing from Philadelphia, he had completed so much of the Survey as “ fell within the Territory of his Britanick Majesty.” He had * Araer. Phil. Soc. Trans. (1° Series), iv, 49. f Ellicott’s Journal (App.), p. 45. [Sen. Doc. No. 71.] 26 . 202 [Senate still tlie traverse of the East and South shore of Lake Erie to make before he should reach his starting point. By a private letter writ- ten from Presq’ Isle (Erie), 11 October, 1790, he states that he “yesterday completed the survey of the territory annexed to the State of Pennsylvania, after much difficulty and hardship. The land contained in this survey is generally good, and from its peculiar situation an important object to the State. “ The Indians did not appear to be well disposed towards the execution of our business, but after a treaty, and receiving some small presents, accompanied with rum and tobacco, permitted us to go on.” The expense of the survey, including the preliminary work in Canada, the survey along the Niagara Biver and Lake Erie, run- ning the Meridian and surveying and estimating the “ Erie Trian- gle,” is shown in the following abstract from Iieceipts and Expendi- tures of the United States, 1791 : “ Payments made for executing the surveys directed by Congress in their act of June 6, 1788, and a concurrent resolution passed the 26 ropriating money for continuing the provisions of the said act. [Passed June 11 , 1879 . P. L. 182 .] Whereas, The appropriation provided for in the act to which this act is a supplement, amounted only to the sum of two thousand dollars, whereby the main cost of the survey of the boundary line has fallen upon the State of New York, the commissioners of the said State having carried on the work through the aid of their own appropriation, with the understanding, however, that the fact should be laid before the Legislature of Pennsylvania, which has been done by the Governor in his annual message, one thousand eight hundred and seventy-nine, and trusting that the Commonwealth of Pennsyl- vania would bear her just proportion of the cost ; And whereas, The amount appropriated by the State of New York for the purpose in hand is eight thousand dollars, of which a large portion has been already expended, and the work not yet com- pleted : Section 1 . Be it enacted, dfcc., That the further sum of six thou- sand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, in order to equalize justly, as between the States of • New York and Pennsylvania, the cost of carrying out the provisions of the act to which this act is a supplement, and provide for the further prosecution of the surveys and investigations defined JSTo. 71.] 217 in the said act, in conjunction with the said State of New York ; and the duty, authority, and accountability of the commissioners on the part of Pennsylvania, appointed by the Governor, shall continue as in the said act prescribed, no portion of which is intended to be re- pealed by the passage of this act, the intention being to aid by an appropriation the carrying out of its provisions. A Further Supplement, To an act in regard to the boundary monuments on the line between the State of Pennsylvania and New Pork, with an appropria- tion for expenses of same, approved May eighth, one thousand eight hundred and seventy -six, appropriating money for continu- ing the provisions of the said act. [Passed July 5 , 1883 , P. L. 190 .] Whereas, it was impracticable when the act to which this act is a supplement was passed, to ascertain to any certainty the final cost of fulfilling its provisions ; And whereas, The amounts appropriated in said act and its sup- plement, approved June eleventh, one thousand eight hundred and seventy-nine, being in all eight thousand dollars, have proved inade- quate for the purpose of establishing a line or lines, with monu- ments, over two hundred and forty miles in length ; And whereas , The State of New York has appropriated some eight thousand dollars more than the State of Pennsylvania has done for this purpose, besides contributing the services of three of her regents of the university ; And whereas, The cost of such a line completed has been ascer- tained per mile by actual outlay on the line established between Pennsylvania and Ohio ; Arid whereas, Through loss of time occasioned by a discussion of final methods, now, however, fully settled, an appropriation by the Legislature of Pennsylvania at its session of one thousand eight hun- dred and eighty-one, failed for the time being, whereby a considera- ble portion of the work upon which there was no disagreement in the joint commission has been done by the commissioners of the State of New York alone, they expecting their State to be remu- nerated by Pennsylvania to the extent of her moiety, through the promised representations of her commissioners, to be laid before the Legislature of Pennsylvania at its present session; And whereas, The amount herein proposed to be appropriated, will, judging from experience on the western boundary of Pennsyl- vania, it is believed, complete the line at a reasonable cost per mile as contemplated by the act to which this act is a supplement ; there- fore, Section 1 . Be it enacted, Ac., That the further sum *of eight thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of marking perma- [Sen. Doc. No. 71.] 28 218 [Senate nently the boundary line or lines between Pennsylvania and New York, as contemplated in the original act to which this act is a sup- plement, and of equalizing the just cost of the same to each of the States interested, and the duty, authority, and accountability of the commissioners on the part of Pennsylvania, appointed bv the Governor, shall continue as in the said act prescribed, no portion of which is intended to be repealed by the passage of this act ; the ob- ject being to aid by an appropriation the carrying out of its pro- visions. No. 72. A Further Supplement To an act providing for the adjustment of the Boundary line be- tween New York and Pennsylvania , approved on the eighth day of May , one thousand eight hundred and seventy - six, and its supplements , appropriating money for the completion of the same. Whereas, The amount of money appropriated by the several acts, to which this act is a further supplement, has proved inade- quate for the purposes provided for in said acts ; therefore, Section 1. Be it enacted , dec., That the further sum of three thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to be applied to the completion of the same, and to be expended in strict accordance with the provis- ions of the acts to which this act is a further supplement. Approved — The lltli day of June, A. D., 1885. EOBT. E. PATTISON. No. 71.] 219 APPENDIX AA. Instructions. To H. Wadsworth Clarke, C. E., Surveyor on the part of New York , and Christopher M. Gere, C. E., Surveyor on the part of Pennsyl- vania. At a joint meeting of tlie Boundary Commissioners of the States of New York and Pennsylvania, held at the city of Syracuse, N. Y., on the 25 th day of July, 1883, the following instructions for the further prosecution of the work of ascertaining and re marking the Boundary line between the two States, were adopted and ordered to be transmitted to the Surveyors. 1. The work of ascertaining and re-marking the Boundary line between New York and Pennsylvania is to be resumed as soon as possible at its Eastern extremity, and to be continued during the remainder of the season of 1883 and during as much of the season of 1884 as may be necessary for its completion. 2. Wherever practicable the locations of the old Boundary Monu- ments are to be ascertained, and in case they are still in existence they are to be restored and re-set in a substantial manner in their original location.* 3. At each mile interval along the line a new monument of the form and character hereinafter described is to be established, and in case the old monument still remains at any point, the new monu- ment is to be placed on the line in a position contiguous to the old monument.f 4. In cases where the old monuments which marked the Boundary line are missing, such evidence of their original locations as may be obtained is to be collected, and when this is deemed sufficient the new monuments are to be set accordingly ; but in cases where the original location of the line cannot otherwise be determined, a strait line is to be run between the nearest adjacent points whose locations are known and on this strait line and at the proper intervals the new monuments are to be established. 5. In the event of a serious doubt as to the proper location for any one of the proposed monuments, or of a disagreement between * From the small size and irregular shape of many of the original milestones (quite a number being broken) it was found impracticable to carry this out generally. The smaller ones were used as witness marks under the new monu- ments. \ See previous note. The old monuments, most of them, could hardly be set permanently without entirely burying them. 220 [Senate the two Surveyors as to such location, the question in doubt or dis- pute is to be submitted to the Joint Commission, and to be decided after investigation and consultation, by mutual agreement. 6. At each highway and at each line of railway and river crossed by the Boundary line, and in a strait line between the nearest adja- cent mile monuments, monuments of the form and character herein- after described are to be established in a conspicuous but secure location at the side of such highway, railroad, or river. 7. The mile monuments hereinbefore referred to are to be of granite, four feet long, the top to be dressed six inches square, to a distance down of six inches ; upon one side, to be cut the let- ters “ N. Y.” upon the opposite “PA.,” and upon a third side a number corresponding to the number of miles from the eastern ex- tremity of the line ; quarter-inch grooves to be cut at right angles across the center of the top parallel to the sides.* 8. The monuments to be erected at highways as hereinbefore de- scribed are to be of the same material as the mile monuments, but to be four atid one-half feet in length, and six by twelve inches in cross- section, and dressed at the top for a distance of one foot ; and they are to be marked in the same manner as the mile monuments, except that they are not to be marked with numbers. The monuments to be erected at railways and rivers are to be of the same form and material as the mile monuments as described in the seventh section, except that no numbers are to be inscribed upon them. 9. The excavations to receive the monuments are to be carried six inches below the bottom of the monument, and powdered charcoal or other durable foreign material is to be sprinkled over the bottom, and a flat disk of earthenware, six inches in diameter, perforated in the center, is to be placed vertically beneath the point to be marked by the monument ; the monument is to be sunk so that in the case of the mile, railway, and river monuments, only six inches of the top shall project above the surface of the ground, and in case of highway mon- uments, twelve inches. Each monument is to be secured in its proper place by packing broken stone and earth in the excavation around it. 10. Special monuments of a more elaborate character are to be erected to mark the eastern termination at the Delaware Biver of that portion of the Boundary line constituting the forty-second par- allel, and also the western termination where the parallel intersects the Meridian Boundary line between the two States, f The material and plans for these monuments are to be substantially the same as for those erected by the Commissioners to mark the ter- minal points of the Boundary line between the States of New York and New Jersey. Commissioner Worrall on the part of Pennsyl- vania, and Commissioner Leavenworth on the part of New York are specially charged with the erection of these monuments, and the *Mile monuments, the locations of which were in highways, were made of the size and form prescribed in the next paragraph. f See Sketch No. 9 for an illustration of these monuments. No. 71.] 221 Surveyors are to set sucli monuments in a substantial and permanent manner. 11. The Stations established in the vicinity of the Boundary line by the United States Coast and Geodetic Survey for the purpose of determining the latitude of the line, are to be marked in a sub- stantial and permanent manner, by granite monuments of such form and dimensions as the Surveyors may decide, and the location of these monuments and their character and purpos'e are to be indicated in the description of the line. (See Appendix D.) 12. Accurate records of the work done in re-marking this Bound- ary are to be kept, in which shall be given, among other things, descriptions of the several monuments, together with their under- ground marks, nature of the soil, their surroundings, and temporary witness marks which may serve to identify their location. These records are to be made out in duplicate, one copy for New York and one for Pennsylvania. 13. The topographical map of the line is to be prepared, upon which the exact positions of the monuments are to be indicated, and this map is to be duplicated, so that one copy may be furnished to the Commissioners of New York, and one to the Commissioners of Pennsylvania. 14. At the close of the present season of 1883, a report of the progress of the work is to be prepared, giving details of the parts accomplished and the parts still remaining, and also a statement of the expenditures incurred, and estimates of the expenditures re- quired to complete the same. At the close of the work, a full report of your work of surveying and re-marking the entire line is to be prepared, giving such particulars as to the history of the line, the mode of settling doubtful points, and such descriptions of the monu- ments, their location and their surroundings, as will serve to make a complete record of the Boundary Line; and both these reports must be prepared in duplicate so that one copy may be furnished to the Commissioners of New York, and one copy to the Commis- sioners of Pennsylvania. 15. Accurate and detailed accounts are to be kept of expenses incurred in the prosecution of your work and quadruplicate vouchers are to be taken therefor. A monthly abstract of these expenses in duplicate is to be presented, charging to each State the one-half of such expenses, one copy for each of the States, each abstract to be ac- companied with duplicate vouchers of each of the items therein. You will be authorized to draw in advance for funds with which to meet the current expenses of your work, one-half from each State, such advances to be accounted for in your monthly statements. A true copy of the minutes. DAVID MURRAY, Secretary of the Joint Commission. Approved, JAMES WORRALL, Chairman of Joint Commission. 222 [Senate APPENDIX B. Schedule of Milestones, and a Few of the Principal Monu- ments, set upon the Parallel Boundary in 1881-2-3-4. A description of each monument and its location is given, with data for its ready discovery and identification. The date each monument was set is added at the end of each description. The New Monuments set upon the Parallel Boundary, with the exception of the Large Initial monument at the Delaware river, are of reddish-gray granite from the quarries of John Beattie, Leete’s Island, Connecticut. They are of five classes, of which the following descriptions are taken from the official “Record of Monuments:” (See Sketch No. 16.) “ First Class — Highway Monuments. “These are placed at highways intersecting or following the Boundary. Milestones placed beside highways are of the first class. The monuments are 4£ feet long, the top is dressed rectangular, 12 inches by 6 inches, and at right-angles across the center, parallel with the edges, are cut two quarter-inch grooves ; the upper end of each side to the depth of 12 inches is also dressed, and upon one broad (North) face, are cut the letters 4 N. Y.,’ and upon the other (South), the letters 4 PA. ? A milestone of the first class has, in addition, the number of the original mile monument with the addi- tion of the letter 4 M.’ These monuments weigh from 375 to 500 pounds. “ In setting monuments of this class, the longer groove was uni- formly placed in the direction of the Boundary. “ Monuments of the second, third, and fourth classes are 4 feet long ; the top is dressed 6 inches square, and the upper end of each side is also dressed to the depth of 6 inches. They weigh from 170 to 220 pounds. “ Second Class — Milestones. “ These are placed at the original mile-points, which are not marked by monuments of the First or Fourth classes. Across the top, at right-angles, and parallel with the faces, are cut two quarter- inch grooves. "On opposite faces are cut the letters 4 X. Y.’ (north) - and 4 PA.’ (south), and upon a third (east face) the number of the original monument with the letter 4 M.’ 44 Third Class. 44 These are similar in all respects to monuments of the Second C Sketch Wo. 16 JSoanclcL^u JH^oniuneniJ' ,J ^n.ci c7tðo(t offsetting. Ho. 71.] 223 Class, with the exception that the number upon the third face is omitted, except in a few instances. They are placed at Railway and River intersections, and at such other points as were necessary. “ Monuments of the Second and Third Classes are set so that the faces containing the letters ‘N. Y.’ and £ PA.’ are parallel with the Boundary. “ Fourth Glass. “ Diagonally across the top are cut two quarter-inch grooves, and the monuments are set so that one of the diagonal grooves is in the direction of the Boundary. The faces are specially lettered. These monuments are generally milestones marking Town or County Cor- ners, and the face of the stone toward the Town or County is marked with the initial letter of the name. “ Fifth Class. “ Monuments of this class are placed to mark the Astronomical Stations of the United States Coast and Geodetic Survey, occupied in 1877 and 1879. Each monument is a block of granite of the f eneral dimensions of 12 inches square and 18 inches or more deep. ’he top is dressed and the station point is marked upon it in the center by a cross (-{-). Upon the top are also cut the name of the Station, the letters ‘ U. S. C. & G. S.,’ and the year in which the Station was occupied.” (See Appendix D.) Ordinary Highway Monuments, Railroad monuments, and monu- ments of the Fifth class are not included in the following schedule. For detailed descriptions of these, reference must be had to the offi- cial Record. The Manner of Setting. “With a few exceptions, the manner of setting monuments of the First, Second, Third, and Fourth classes was as follows: — “ A hole of proper size was excavated to a depth of at least 4 feet. In the bottom was carefully laid a circular disk, 6 inches in diameter, and one inch thick, with a small hole in the center. The hole in the disk was placed vertically beneath the point to be marked, which is indicated by the intersection of the grooves in the top of the monument. “ The disks used in 1881, and under a few monuments in 1882, were unglazed earthenware (brick). The disks generally used were glazed stoneware. In a few instances, disks were omitted. “ The disk in the bottom of the excavation was carefully buried in four or five inches of foreign material, generally vegetable, upon which a flat stone (occasionally a piece of board) w T as placed, and upon this the monument stands. “ Each monument was carefully placed so that the dressed faces are vertical, the proper groove upon the top lying in the direction 224 [Senate of the Boundary, and the excavation was filled about it with earth and stone, well rammed, until all the monument except the dressed faces, is buried. In a number of instances, the excavation was partly filled with hydraulic-cement mortar and broken stone.”* Broome County, N. Y. A small monument was set on the Delaware County side of the Delaware Diver, at the intersection of an easterl} 7 jn-olongation of the Boundary with the Meridian of Astronomical StationTravis. Thismon- ument is marked with diagonal grooves upon the top, and is set flush with the surface of the ground just north of the wagon-track of the highway, 2025 25 feet East of the large Initial Monument west of the River, and 81 6 feet South of the center of a granite monument mark- ing Station Travis. (The latter monument is 2j- feet underground, and is 462 97 feet South 39° 36' East (true) from the south-easterly corner of the foundation of the main part of the dwelling of John Hills.) The latitude of the intersection monument is 42° 00' 01". 85. April 12, 1884. Upon a rock, above high-water mark on the right bank of the River, 984 feet South of the intersection monument, in the meridian of Station Travis, is cut a “crow-foot” for a meridian mark. Messrs. A. Lord and John Brown of Hale’s Eddy, and M. R. 11 nice of De- posit can show its position. A large Initial Monument of Rhode Island granite, 600 feet west of the center of the Delaware River, near the south-westerly side of the road along the right bank of the River. This monument is fully described and illustrated in the Report for 1882. April 11, 1884. (See Sketch No. 9.) Milestone 1 is a highway monument about 30 feet East of a road which winds up the mountain, south-east from Hale’s Eddy, on the west side of a deep ravine. Replaces the original milestone. July 18, 1882. Milestone 2 is a small monument near the left bank of Sand Pond Brook, about 870 feet East of a monument in the west side of the highway near S. B. Alexander’s house. Original milestone not found. July 18, 1882. The top of original Milestone 3 stands opposite the point where it was found, on a very steep, rocky, southerly slope, almost inaccessi- ble. It was found out of place in 1877. July 20, 1882. New Milestone 3 is a small monument, in the west edge of woods near the east side of a wood road, 21 chains west of the position of the original. July 20, 1882. Milestone 4 is a highway monument standing on the north-easterly side of the road along the left bank of the east branch of Sand Pond Brook. The original milestone was not found. July 19, 1882. Milestone 5 is a small monument in the north-westerly part of a * The Angular Deflections in the Boundary, at the various monument points, will be found in Appendix C. No. 71.] 225 clearing, about a quarter of a mile north of George Lee’s house, near the top of a south-easterly slope, about 500 feet East of the summit of the ridge east of the west branch of Sand Pond Brook. Replaces the original milestone. July 17, 1882. All the monuments east of Milestone 5 are in a curved line, having the normal curvature of the parallel, passing through Milestones 5 and 1. Milestone 6 is a small monument, at the foot of a steep easterly slope, about 155 feet East of a highway monument on the west side of the road south from Danville. Replaces original milestone. July 15, 1882. The corner of Wayne and Susquehanna Counties, Penn., is marked by a highway monument near the point at which the road which fol- lows the Boundary turns toward the South-west and leaves the line. July 15, 1882. Milestone 7 is a small monument in cleared land near the foot of a steep slope, the easterly side of Deep Hollow, about 1692 feet East of a highway monument at the Deep Hollow Road. Replaces the original milestone. July 14, 1882. Milestone 8 is a small monument in a wind-fall in thick woods, about 200 feet West of the top of a steep westerly slope, about 3684 feet West of the highway monument at the Deep Hollow Road. Original milestone not found. July 14, 1882. Milestone 9 is a small monument, in thick woods on a steep east- erly slope, about 150 feet East of the summit of a narrow ridge, and about 2600 feet East of a highway monument at Pig-pen Run road. Original milestone not found. July 13, 1882. Milestones 8 and 9 are in line between Milestones 7 and 10. The cofner of the Towns of Sanford and Windsor is marked by a small monument, marked on the top with diagonal grooves; it is 440 feet East of Milestone 10. July 12, 1882. Milestone 10 is a small monument in thick woods near a wood-road, south-east of a large upturned root, 605 feet East of a small monument at a new road, at the corner of the farms of Lynes and O’Rourke. Replaces the original milestone. July 12, 1882. Milestone 11 is a small monument at the foot of a steep North- westerly slope, 1356 7 feet East of a highway monument standing at the west side of the east Cascade Yalley road. Replaces the origi- nal milestone. July 11, 1882. Milestone 12 is a small monument standing upon the summit of a high narrow ridge between Cascade Yalley and the Susquehanna River. This Milestone is in line between Milestone 11 and the east River monument. The original milestone was not found. July 11, 1882. Two small monuments mark the intersection of the Boundary with the Susquehanna River. That upon the left bank is 50 feet East of the original monument which stands at the edge of the River bank. July 7, 1882. That upon the right bank is 20 feet west of the origi- [Sen. Doc. No. 71.] 29 226 [Senate nal monument which stands upon the edge of the River bank. July 26, 1882. The line is not continuous across the River. Milestone 13 is a small monument in cleared land, 1698 feet West of the monument on the right bank of the Susquehanna River. The original milestone, which had been displaced, was re-set at the west side of the new monument. August 4, 1883. The Corner of the Hooper Patent and the Third Tract in Wind- sor is marked by a small monument with diagonal grooves ; upon a steep northerly slope in a laurel thicket in thick woods, opposite the position of the stone set by the State Deputy Surveyor in 1841, 59 1 5 feet east of Milestone 14. August 7, 1883. Milestone 14 is a small monument in a laurel thicket in thick woods; steep northerly slope ; 1647 5 feet east of a highway monu- ment standing at the S. W. side of a road on the summit of the ridge. The original milestone was not found. August 6, 1883. The last three monuments are in line between the monument stand- ing on the right bank of the Susquehanna River and Milestone 15. Milestone 15 is a small monument with diagonal grooves; in cleared land about 250 feet East of the foot of a steep easterly slope and 557 5 feet West of a highway monument at the west side of a road along the west side of the valley. This monument replaces the original milestone, and marks the corner of the Towns of Oak- land and Great Bend in Susquehanna County, Pa. 25 July, 1882. Milestone 16 is a small monument in a wet meadow, 672 7 feet West of a highway monument on the N. E. side of the road north-west from Locust Hill Church. Replaces the original mile- stone. July 24, 1882. Milestone 17 is a small monument on a short steep easterly slope, about 40 feet from the brow ; 369 8 feet East of a highway monu- ment on the west side of the road along west side of the valley, N. E. from Red Rock. The original milestone was not found. August 5, 1883. Milestone 18 is a small monument in a clear patch near the south- west corner of a piece of wmods. West side of rocky summit near the brow of a high steep north-westerly slope, overlooking the valley of the east branch of Trowbridge Creek. The original milestone was not found. August 16, 1883. Milestones 17 and 18 are in an easterly prolongation of a line be- tween the First Latitude Stone on the right bank of the Susquehanna River and Milestone 19. Milestone 19 is a small monument in thick young woods on a steep easterly slope, about 465 feet West of Trowbridge Creek. Replaces original milestone, which was reset at the west side of the new monument. August 11, 1883. “ Fan-tail Corner 55 is a rough monument of native rock, 165 feet West of Milestone 19. It marks the common corner of 6 Pennsyl- vania sub-divisions. The corner of the towns of Windsor and Kirkwood is marked by No. 71.] 227 a small monument with diagonal grooves; in the open held 442 4 feet west of a highway monument upon the high summit North of the village of Great Bend, and 2037 7 feet West of Milestone 19; 95 9 feet South-westerly from the South-westerly corner of Squire’s big barn. April 15, 1884. Milestone 20 is a small monument upon the River flats, 6 54 4 feet East of a highway monument on the east side of the River Road. It is in line between Milestones 19 and the First Latitude Stone (Milestone 20|). The original monument was not found. August 18, 1883. Astronomical Station Finn is marked by a granite monument buried 2J- feet under ground, 97 6 feet north-westerly from the north- westerly corner of the foundation of the main part of James Finn’s dwelling. The center of the Station is 256 3 feet North and 142 s feet West of the highway monument on the west side of the River road. April 16, 1S84. A small monument is set in the meridian of Station Finn, 650 7 feet North of the Station, at the south side of a stone wall on the north line of the land of John Cline. April 16, 1884. Milestone 20-f is a small monument at the east side of the base of the First Latitude Stone which was left in place, about 20 feet East of the right bank of the Susquehanna River. The latitude of this monument as deduced from the Astronomical observations at Station Finn, is 41° 59' 56".71. July 27, 1882. Milestone 21 is a small monument with diagonal grooves, standing upon the probable site of the original milestone at the north end of the summit of the high ridge between the Susquehanna River and Snake Creek. It marks the corner of the Towns of Great Bend and Liberty, Susquehanna County, Penn. August 21, 1883. Milestone 22 is a highway monument at the west side of the Montrose and Binghamton Turnpike, west side of Snake Creek valley ; in line between Milestones 21 and 23. The original mile- stone was not found. Aug. 20, 1883. Milestone 23 is a small monument a little east of a wood road, surrounded by briars and upturned roots, north of a small brook which runs South-east. Replaces original milestone. August 21, 1883. Milestone 24 is a small monument in a shallow gully in an open field belonging to Chas. Adams, 329 7 feet East of a highway monu- ment standing on the west side of the road leading to Corbettsville. The original milestone was not found. Aug. 25, 1883. Milestone 25 is a small monument in the west edge of “Wolf Swamp,” which was formerly the bottom of a mill-pond. The original milestone has been displaced for years. Milestones 24 and 25 are set in line between Milestones 23 and 26. August 24, 1883. Milestone 26 is a small monument in thick woods about 100 feet North of a clearing, and just below the top of a steep slope west of north, opposite the bottom of a deep hollow in the road which 228 [Senate passes nearly parallel with the line, a short distance south: 398 feet West of the S. E. Corner of the Town of Binghamton. Replaces the original milestone. Aug. 28, 1883. Milestone 27 is a small monument with diagonal grooves, standing in the south side of a road which follows the line, and 197 feet West of a highway monument at the point where the road turns from the line toward the north-east. It is in line between Milestones 26 and 28. The original milestone had been displaced in working the road. It marks the corner of the Towns of Liberty and Silver Lake in Susquehanna Co., Penn. Sept. 4, 1883. Milestone 28 is a highway monument at the west side of the old Hawleyton turnpike. Replaces an old Pennsylvania Corner stone which was assumed as marking the site of the original milestone, which was not found. Sept. 3, 1883. Milestone 29 is a small monument in cleared land north side of a stone wall, upon a westerly slope, about 100 feet west of the summit, and north of the village of Brackney ; 1415 feet East of a highway monument west side of road from Brackneyville. The original milestone was not found. Sept. 5, 1883. Milestone 30 is in cleared pasture land about 70 feet west of a brook, 875 6 feet East of a highway monument standing near the N. W. corner of a barn. The original milestone was not found. Sept. 5, 1883. Milestones 29 and 30 are set in line between Milestones 28 and 31. Milestone 31 is a highway monument in the south side of a road on line, about 124 feet East of a brook crossing the road. It is in an easterly prolongation of a line from Milestone 33 through a rough stone monument standing 74 6 feet West of Milestone 31, known as the u State Line Stone.” The original milestone had been displaced for years. Sept. 6, 1883. Milestone 32 is a small monument with diagonal grooves, standing about 75 feet West of the west side of the summit of the high ridge East of the Choconut Yalley. It is set in line between Mile- stones 31 and 33 and marks the corner of the towns of Silver Lake and Choconut in Susquehanna County, Penn. The original mile- stone was found displaced. Sept. 6, 1883. Milestone 33 is a small monument upon the east slope of the mountain 935 feet West of Choconut Creek. Replaces original mile- stone. Aug. 4, 1882. Milestone 34 is a small monument on a rough slope East, covered with burnt woods, 78 feet West of a small brook, running South. In line between Milestones 33 and 35. The original milestone was not found. Sept. 10, 1883. Milestone 35 is a small monument standing at the top of a steep bluff, sloping south of east 14 2 feet West of the corner of the (N. Y.) farms of Warrick and Waffel. It was set in an easterly pro- longation of the line between Milestones 36 and 39. The original milestone was not found. Sept. 10, 1883. No. 71.] 229 Milestone 36 is a small monument standing in a thick briar-patch, north edge of thick woods, 303 feet West of a highway monument standing beside the Tracy Creek road. It replaced the original milestone. Sept. 11, 18S3. Milestone 37 is a small monument in south edge of woods, 300 feet East of a deep ravine, and 1028 s feet East of a highway monu- ment on the west side of a road. It is set in line between Mile- stones 36 and 39. The original milestone was not found. Aug. 5, 1882. The South-west corner of Broome County is marked by a small monument with diagonal grooves, in cleared land, 809 6 feet East of Milestone 38 and about 1600 feet west of the summit of the ridge South-east of Jones Creek. Sept. 12, 1883. Tioga County, N. Y. Milestone 38 is a small monument standing in open woods beside an abandoned road, near the north-west corner of a clearing, 809* feet West of the south-west corner of Broome County. It is set in line between Milestones 36 and 39. The original milestone was not found. Aug. 5, 1882. Milestone 39 is a highway monument standing in the South side of a road which follows the Boundary north-east of the village of Little Meadows ; a short distance west of the intersection of Jones Creek. Replaces the original milestone, which was reset at the east side of the new monument. Aug. 2, 1882. Milestone 39| is a small monument midway in line between Mile- stones 39 and 40. It is in the meridian of Astronomical Station Little Meadows, 2 41 feet South of the center of the Station, about 75 feet E. of Jones Creek ; in rear of house of P. Hinds. The lati- tude of this monument, as deduced from the astronomical observa- tions at Station Little Meadows in 1879, is 41° 59' 59’.93. This monument is near the site of the Second Latitude Stone which disappeared many years ago. Aug. 7, 1882. A small monument is set in the meridian of Astronomical Station Little Meadows, 1760± feet North of Milestone 39£, in the south side of a rail fence N. 78° 45' W. (true) 34* ft. from a leaning Maple. Sept. 12, 1883. Milestone 40 is a small monument with diagonal grooves, in the north-east corner of a piece of woods just west of the summit of the north end of the high ridge west of Apalachin Creek. It replaces the original milestone and marks the corner of the Counties of Sus- quehanna and Bradford, Penn. The Latitude and Longitude of Milestone 40 as deduced G-eodetically by the New York State Sur- vey are, Lat. 41° 59' 55", Long. 76° 08' 46". July 29, 1882. Milestone 41 is a small monument standing in a cove in the north side of a ridge, near the foot of the steep northerly slope at the north-east corner of a clearing in the north line of land belonging to Notewire. Replaces original milestone. July 31, 1882. 230 [Senate Milestone 42 is a small monument upon level ground, north of burnt woods, 1150 East of the summit of a ridge and about 1448 feet East of a highway monument standing in the west side of a road. It is in line between Milestones 41 and 43. The original milestone was found upon the top of a stump near by. August 1, 18S2. Milestone 43 is a highway monument standing on the west side of the Milford and Owego Turnpike, at its intersection with the Prince’s Hollow Road. Replaces the original milestone. August 1, 18S2. Milestone 44 is a highway monument standing just east of a road upon a steep easterly slope, 120 feet west of a brook. Replaces the original milestone. August 3, 1882. Milestone 45 is a highway monument standing in the westerly side of a road upon the summit of a high ridge east of the valley of Babcock Brook. It stands 13 5 feet West of the site of the original milestone, which was in the center of the road. Aug. 15, 1882. Milestone 46 is a highway monument standing close beside (west of) the wagon track of a road, just south of a sluiceway. It replaces the original milestone and marks the corner of the towns of Warren and Windham in Bradford County, Penn. Nov. 12, 1881. Milestone 47 is a small monument standing in nearly level ground, about 660 feet West of a highway monument standing in the west side of the highway, north of Jere. Waite’s house. Re- places a stone set in place of the original milestone. Nov. 12, 1881. Milestone 48 is a small monument in woods near west edge of new clearing. On an easterly slope about 175 feet West of a brook ; 2356 feet East of a highway monument on west side of road cross- ing the line. Replaces original milestone. # Nov. 11, 1881. Milestone 49 is a small monument in thick woods at the north- westerly edge of the nearly level summit of the ridge east of the Wappasening Valley, and about 3020 feet West from the last above- mentioned highway monument. Replaces the original milestone. Nov. 11, 1881. Milestone 50 is a highway monument standing in the south bounds of the highway which follows the Boundary east from Wap- pasening Creek ; near the point at which it turns north-east. Re- places the original milestone. Nov. 11, 1881. Milestone 51 is a small monument standing at the south edge of thick woods, 2000 feet East of the summit of the high ridge west of Wappasening Creek. Replaces original milestone. Nov. 11, 1881. Milestone 52 is a small monument with diagonal grooves, stand- ing about half-way up the low bluff, east side of Little Wappasen- ing Creek, and 67 95 feet East of a highway monument on west side of the Creek Road. It replaces the original milestone and marks the Corner of the towns of Windham and Litchfield, Bradford County, Penn. Nov. 10, 1881. Milestone 53 is a small monument under a stump fence, in cleared land upon high ground which is nearly level, north-west of the west No. 71.] 231 branch of the Little Wappasening Creek, 3302 feet E. of a highway monument at the East end of State Line Road. Replaces original milestone. Nov. 10, 1881. Milestone 51 is a highway monument standing in the south bounds of the State Line Road at the N. E. corner of C. Ellis’ farm, about 610 feet East of a highway monument standing at the west end of the State Line road. Replaces a stone set in place of the original milestone. Nov. 10, 1881. Milestone 55 is a small monument standing upon a southerly slope a short distance south of a barn and about 100 feet East of the point at which a short piece of road along the Boundary, turns toward the north-east. Replaces the original milestone. Nov. 5, 1881. A small monument stands one-half mile West of Milestone 55 upon the high summit overlooking the Susquehanna V alley. Aug. 18, 1882. Milestone 56 is a small monument near the center of a road which follows the Boundary. It is set with its top flush with the surface of the ground, about 1090 feet East of a highway monument stand- ing in front of the cemetery on the River Road. The original monu- ment was not found. Nov. 4, 1881. A small monument stands on the River flat about 30 feet East of the left bank of the Susquehanna River. This monument replaces a boulder which was set over 40 years ago to mark the line. Nov. 4, 1881. A small monument stands on the River flat 50 feet West of the right bank of the Susquehanna River. Nov. 4, 1881. The last four monuments are in line between Milestones 55 and 57. Milestone 57 is a small monument standing in cleared land, roll- ing ground, about 2175 feet West of the right bank of the Susque- hanna River, Replaces the original milestone. Nov. 4, 1881. Milestone 58 stands upon the steep west slope of a narrow gravel ridge, about 1550 feet East of a highway monument standing on the South-east side of a road. This milestone was set in an easterly prolongation of a line drawn from Milestone 59 over a rough stone monument with a cross upon its top, 165 feet West of Milestone 58, marking the corner of subdivisions of the Douglass Military Latent. The original milestone had disappeared. Nov. 2, 1881. Milestone 59 is in an open cultivated field, about 100 ft. north of the high embankment of the D., L. & W. R. R., and about 70 ft. East of the G. I. & S. R. R. Replaces the original milestone. Sept. 15, 1883. Milestone 60 is a small monument standing in the rear end of a gar- den which fronts north on Railroad Avenue in the village of Waverly ; about 210 feet East of Fulton st. The original milestone had been dug up and removed. The latitude of Milestone 60 as deduced from the astronomical observations at Station Waverly in 1879, is 12° 00' 00". 71. Station Waverty is 860 8 feet East and l 96 feet South of this milestone. Oct. 31, 1881. A highway monument was set upon the summit of the narrow 232 [Senate ridge extending northerly from the Spanish Hills, 15 feet East of the original Spanish Hills monument at 60| miles, which was left stand- ing m place, about 75 feet south of the Delaware, L. & W. R. R. Sept. 15, 1883. The last two monuments are set in a curved line having the nor- mal curvature of the parallel, drawn from Milestone 59 to the orig- inal Spanish Hills monument. Milestone 60J is a small monument standing upon the river flats, about 50 feet South of the high embankment of the D., L. & W. R. R., at the east end of the River bridge and about 25 feet East of the left bank of the Chemung River. Replaces the base of the original Third Latitude Stone. Oct. 27, 1881. Chemung County, N. Y. Milestone 61 is a small monument standing upon the right oank of the Chemung River in the foot of the slope of a high railroad embankment; 132 feet East in line toward the Spanish Hills monu- ment from the original milestone, which is buried in the embank- ment. It is 21 l ft. South of the west abutment of the D., L. & W. R. R. bridge, and in line with the face of the abutment above the bridge-seat. Oct. 27, 1881. Milestone 62 is a small monument standing upon level ground north side of a thick growth of bushes, and 2335 feet East of a highway monument standing on the west side of the Chemung River road. It replaces the original milestone. Oct. 28, 1881. A small monument stands upon the river flat upon the right bank of the second intersection of the Chemung River. Oct. 28, 1881. Milestone 63 is a highway monument standing at the east side of a private road, south of Wynkoop Creek, about 950 feet West of the left bank of the Chemung River. The original milestone had been pulled up and moved about. Nov. 1, 1881. Milestone 64 is a small monument standing south side of a stone wall, about 704 feet East of a highway monument standing west side of the road upon a high bluff overlooking the Chemung River. The original milestone was found upon the top of a stone Avail. Nov. 1, 1881. The last three monuments are in line between Milestones 62 and 65. Milestone 65 is a small monument with diagonal grooves, standing in level cultivated land one-fourth mile West of a highway monu- ment in the south-westerly side of the River road. It replaces the original milestone, and marks the corner of the Towns of Athens and Ridgebury, Bradford County, Pennsylvania. Oct. 28, 1881. Milestone 66 is a small monument standing in thick woods upon a steep north-easterly slope, 396 feet East of the north-east corner of the small clearing east of the summit. Replaces the original mile- stone. Aug. 29, 1S82. Milestone 67 is a small monument standing in thick woods upon No. 71.] 233 a northwesterly slope, about 250 feet West of a wood road and about 340 feet East of a brook in a deep ravine. Replaces the original mile- stone. Aug. 30, 1882. Milestone 68 is a small monument in the edge of thick woods in the north-east corner of a bush lot, at the northeast corner of the farm of Raynor, about 200 feet W est of the summit of the ridge. Replaces the original milestone. Aug. 28, 1882. * Milestone 69 is a small monument in thick woods on a steep north-easterly slope, about 635 feet West of a brook in a deep ravine. Replaces the original milestone which was reset at the west side of the new monument. Aug. 28, 1882. A highway monument, standing on the east side of the Bentley Creek road South of the village of Wellsburg, is 441 33 feet North and 40 2 feet West of the center of Astronomical Station Burt. The Latitude of this monument as deduced from the observations at Sta- tion Burt is 42° 00' 07". 95. Aug. 25, 1882. A small monument was placed in the meridian of Station Burt 1779 feet South of the Station, north side of a stump fence ; on the land of Mrs. Jerusha Gray. April 21, 1884. Milestone 70 is a small monument standing in an open held, cleared, high lip on the west slope of the valley of Bentley Creek, 279 feet East of a highway monument on the west side of the road near the summit. This milestone is set in line between Milestones 69 and 71. The original milestone was never found. Aug. 25, 1882. Milestone 71 is a small monument standing in a root fence close beside a small hickory tree, in cleared land, 1175 feet West of a highway monument standing at the east side of the west intersection of the telegraph-road. Replaces the original milestone, which was reset at the west side of the new monument. Aug. 26, 1882. Milestone 72 is a small monument in a gap in a stone wall, south side of a piece of woods, north side of a lane on a steep northwest- erly slope, about 400 feet W est of the summit of the ridge east of South Creek. Replaces the original milestone. Sept. 2, 1882. Milestone 73 is a small monument standing at the east edge of the summit of the high steep ridge west of South Creek valley, 1650 feet West of the Creek. Replaces the original monument. Sept. 4, 1882. Milestone 74 is a small monument standing in a narrow clay swamp in a deep valley, a few feet west of the bed of a brook. Re- places the original milestone. It is about 1180 feet East of the East end of the State Line Road on the summit of the Ridge. Sept. 4, 1882. Milestone 75 is a highway monument standing upon the left bank of a ravine, at the north side of a road which follows the line ; 33 feet West of the original milestone, which was left in place in the bottom of the ravine close to the north side of the road embankment. The original milestone marks the corner of the Towns of South Creek and Wells, Bradford County, Penn. Milestone 75 is the most [Sen. Doc. No. 71.] 30 234 [Senate northerly monument upon the Boundary. Its variation from the Astronomical Parallel of 42° is about 960 feet North. Sept. 9, 1882. Milestone 76 is a small monument upon a cleared westerly slope, about 700 feet West from the summit. The original milestone was not found. Sept. 13, 1882. Milestone 77 is a small monument standing in the bottom of Bird Creek valley 204 5 feet West of a highway monument standing in the west side of the Creek Road. The original milestone was car- ried away many years ago. Sept. 12, 1882. Milestones 76 and 77 are set in line between Milestones 75 and 78. Milestone 78 is a small monument in a hollow, about 700 feet East of the summit of the high ridge East of Seely Creek valley. Replaces the original milestone. Sept. 7, 1882. Milestone 79 is a highway monument standing upon a bank, above the south-westerly side of a road which follows up a narrow ravine westerly from State Line Station on the Tioga Railroad, and about 450 feet from the- latter. Replaces the original milestone. Sept. 7, 1882. Milestone 80 is a highway monument standing in a narrow swamp upon the south side of a highway laid out along the line but not worked, and about 1150 feet West of the end of a road from the south. It replaces the original milestone and marks the corner of the Counties of Bradford and Tioga in Penn. Sept. 8, 1882. Milestone 81 is a small monument standing upon the east side of the narrow summit of a high ridge, at the south-east corner of a piece of woods, and about 990 feet West of a highway monument standing at the west end of a road on the Boundary. Replaces the original milestone. Sept. 6, 18S2. Milestone 82 is a highway monument standing East of the wagon track of a road. It replaces the original milestone and marks the Corner of of the Counties of Chemung and Steuben in New York. Sept. 18, 1883. Steuben County, N. Y. Milestone 82 marks the south-east corner of Steuben County. Milestone 83 is a small monument standing north of the fence, in cleared land upon the summit of a low ridge which crosses the Boundary quite diagonally. A small fragment of the original mile- stone was found lying upon the surface of the ground near by. Sept. 16, 1882. Milestone 84 is a small monument standing in the open cleared field south of the fence, in rear (north) of a dwelling house and about 825 feet East of the point at which a road along the Boundary turns toward the south-east. The original? had been removed from its place. Sept. 16, 1882. Milestone 85 is a highway monument standing just south of the wagon track of the State Line road, upon the north-easterly side of a hollow, about 350 feet East of a brook. The original was dug up in working the road. Sept. 18, 1882. No. 71.] 235 The last three monuments are set in line between Milestones 82 and 86. Milestone 86 is a small monument standing under a stump fence at the south edge of thick woods, upon a westerly slope, about 200 feet West of the top. Replaces the original milestone. Sept. 15, 1882. Milestone 87 is a small monument standing near the bottom of a bluff at the east side of a narrow swamp, 237 4 feet East of a high- way monument standing upon the west side of a road. It was set in line between Milestones 86 and 88. The original milestone was not found. Sept. 21, 1882 Milestone 88 is a small monument with diagonal grooves, standing at the south-east corner of a piece of woods. It replaces the original milestone, and marks the corner of the towns of Caton and Lindley in Steuben County, 1ST. Y. 23 Sept. 1882. Milestone 89 is a small monument standing at a New York farm corner, upon a south-easterly slope, about 500 feet East of the sum- mit of the ridge overlooking the Tioga Valley. Sept. 22, 1882. A small monument was set upon the river flat near the left bank of the Tioga River, 24 5 feet West of a large marked oak standing at the edge of the channel. This monument was placed in an east- erly prolongation of the line between Milestones 90 and 91, and 75 feet West of the probable position of the original Fourth Latitude Stone, which was washed out by river floods. Sept. 23, 1882. Milestone 90 is a small monument standing upon the Tioga River flats at the east side of the original milestone, which was left standing in place. It is about 1260 feet East of a highway monument stand- ing near the west side of Main street in the village of Lawrenceville. The Latitude of this milestone as deduced from the astronomical observations at Station Lawrenceville in 1879, is 42° 00' 01 /7 . 03. The center of the Station is 8 45 feet North and 2 16 feet West of the new milestone. Sept. 23, 18S2. A small monument was set upon the river flats, about 940 feet West of Main street, Lawrenceville, and about 200 feet East of the channel of the Cowanesqua River. Sept. 29, 1882. Milestone 91 is a small monument standing in open woods on a steep southerly slope, about 250 feet West of the crest of the ridge and about 250 feet South of a clearing upon the summit. Replaces the original milestone. Sept. 27, 1882. Milestone 92 is a small monument standing in thick woods upon a gentle westerly slope, 125 feet West of the south-west corner of a clearing. Replaces the original milestone. Sept. 25, 1882. Milestone 93 is a highway monument standing in the edge of thick bushy woods south side of road along the line, near the top of aslope toward the west. Replaces the original milestone. Sept. 25, 1882. Milestone 94 is a highway monument standing north of the wagon- track of the State Line road, about 276 feet East of the summit of a ridge. It replaces the original milestone, which was reset at the east side of the new monument. It marks the corner of the Towns 236 [Senate of Lindley and Tuscarora in Steuben County, New York. Sept. 26, 1882. Milestone 95 is a highway monument standing in the north line of the State Line road just east of the south-east corner of a pine grove, 203 feet East of a highway monument standing at the east side of the road leading north-east from the village of Nelson. This milestone was placed in line with Milestones 93 and 94-. The original milestone was not found. Oct. 4-, 1882. . Milestone 96 is a small monument standing at a Pennsylvania farm corner, south side of a piece of woods on a gentle slope west not far from the top, and 1354: feet East of a highway monument standing- in the west side of the highway leading north from the village of Nelson. Replaces the original milestone. Oct. 2, 1882. Milestone 97 is a small monument in a clay swamp in the bottom of a deep valley, about 525 feet West of a road and 230 feet west of a brook. Replaces the original milestone. Oct. 11, 1882. Milestone 98 is a small monument standing near the east side of a narrow clearing upon a gentle slope south-east overlooking the Cow- anesqua Valley ; 69 feet West of the south-east corner of Lot 139 in Tuscarora. It is set in line between Milestones 97 and 99. The original milestone had been pulled up and broken in pieces. Oct. 3, 1882. Milestone 99 is a small monument standing upon a steep westerly slope about 30 feet West of the west edge of woods; 1521 feet East of a highway monument standing at the west side of the Addison Road. Replaces the original milestone. Sept. 30, 1882. Milestone 100 is a small monument with diagonal grooves, stand- ing in the north edge of the channel of a brook 160 9 feet East of a highway monument standing at the south-westerly side of the road leading north from the village of Elkland. This milestone marks the corner of the Towns of Tuscarora and Woodhull in Steuben County, New York, and is set in line between Milestones 99 and 101. The original milestone had been washed out by floods, and was found in the village of Elkland. Oct. 5, 1882. Milestone 101 is a small monument in cleared land, south side of an orchard, 221 4 feet East of a highway monument standing at the east side of the road from Osceola to Addison. Replaces the orig- inal milestone. Oct. 9, 1882. Milestone 102 is a small monument with diagonal grooves, stand- ing in a thick growth of saplings on level ground, about 150 feet East of a clearing, about 900 feet W est of the summit of a high ridge. This milestone is placed in line between Milestones 101 and 103, and marks the corner of the Towns of Osceola and Deerfield in Tioga County, Penn. The origina" 1 milestone was not found. Oct. 9, 1882. Milestone 103 is a small monument in cleared land at the foot of a steep westerly slope, 24:0 feet East of a brook running south through a piece of woods. Replaces the original milestone. Oct. 6, 1882. No. 71.] 237 Milestone 104: is a small monument standing in a springy spot on an easterly slope, 568 s feet West of a highway monument standing in the east side of the Holden Creek road. Replaces the original monument. Oct. 6, 1882. Milestone 105 is a small monument standing in edge of thick bushy woods upon the north-east side of the summit of a high steep ridge. Replaces the original milestone. Oct. 10, 1882. Milestone 106 is a small monument standing in a wilderness of bushes and dead trees, N. 51° W. 21 5 feet from a living hemlock tree, 24:" diameter; about 475 feet West of a rough road through the woods. Replaces the original monument. Oct. 10, 1882. A small monument was placed upon the summit of a high ridge, 1103 3 feet West of Milestone 106, overlooking the Boundary over 20 miles toward the east. Oct. 14, 1882. Milestone 107 is a small monument standing in partially cleared land about 50 feet South of the south edge of cultivated land and 1046 1 feet East of the South-west corner of the Town of Wood- hull. A fragment of the original milestone was found lying loosely upon the surface of the ground. Oct. 16, 1882. A highway monument was set at the east end of a road laid out upon the State Line, 16 5 feet East of the corner of the Towns of Woodhull and Troupsburg, in Steuben Co., N. Y. Sept. 19, 1883. The last three monuments were set in line between Milestones 106 and 108. Milestone 108 is a small monument near the south-west corner of burnt woods upon a steep southerly slope, 1061 feet West of a high- way monument standing near the west end of a road laid out along the Line. Replaces the original milestone. Oct. 13, 1882. Milestone 109 is a small monument standing in cleared land at the west edge of the summit of a gravel bluff north of Troup’s Creek at the village of Austinburg, 978 feet West of a highway monu- ment standing on the west side of the road leading from Austinburg to Addison. Replaces the original milestone. Oct. 13, 1882. A highway monument is set in the south-westerly side of the Troup’s Creek Road, 76 7 2 feet West of the probable original posi- tion of the Fifth Latitude Stone (now in the channel of Troup’s Creek) in line between that point and Milestone 110. The latitude of this monument as deduced from the Astronomical observations at Station Austinburg is 42° 00' 01 ".38. The center of the Station is 12 6 feet West and 3 2 feet South from the center of this monu- ment. Oct. 18, 1882. Milestone 110 is a small monument standing on the southerly slope between two small knolls, spurs of the main bluff, 2141 feet West of the highway monument above described. Replaces the original milestone. Oct. 13, 1882. Milestone 111 is a small monument standing near the foot of a northerly slope of a high ridge bounding a semi-circular cove on the South, 251 feet East of the corner of lots 100 and 101 in the Town 238 [Senate of Troupsburg, Steuben Co., N. Y., in line between Milestones 110 and 112. The original milestone was not found. Oct. 18, 1882. Milestone 112 is a small monument standing at the south edge of open woods, at the north-east corner of a hickory grove, on nearly level land. Replaces the original milestone. Oct. 13, 1882. Milestone 113 is a small monument standing in the north edge of thick woods on a little knoll just south of a swampy brook, about 174 feet West of the south-west corner of Lot 97 of the Town of Troupsburg, N. Y. Replaces the original milestone. Oct. 20, 1882. Milestone 114 is a small monument standing near the top of a south-easterly slope, about 56 feet West of the corner of Lots 94 and 95 in the Town of Troupsburg, and 1528 5 feet East of a highway monument standing on the west side of the road leading north from Brookfield P. O. Replaces the old milestone. Oct. 20, 1882. Milestone 115 is a small monument with diagonal grooves, stand- ing on a steep north-westerly slope, about 100 feet below the brow. It replaces the original milestone and marks the corner of the Counties of Tioga and Potter in Pennsylvania. Oct. 19, 1882. Milestone 116 is a small monument standing upon a steep westerly slope among upturned roots and fallen trees, about 500 feet East of a highway monument standing upon the west side of the road up the valley of the North Fork oJ the Cowanesqua River. This milestone was set in an easterly prolongation of a line drawn from Milestone 117 through the corner of the Towns of Troupsburg and West Union in Steuben County, at a point 2S chains 60 links from this corner. This is the distance of the Township Corner from the milestone, given in the records of the surveys of the Phelps and Gorham Purchase. The original milestone had been pulled up and removed from its place. Oct. 21, 1882. A small monument was set at the Township Corner above referred to, replacing an old stake and stones. Oct. 25, 1882. Milestone 117 is a small monument standing upon a south-westerly slope in open woods, a short distance north-easterly from the west branch of the North Fork of the Cowanesqua River, about 200 feet east of a wood road and about 1301 feet East of highway monument standing upon the east side of a road opened and worked north of the Line. Oct. 24, 1882. Milestone 118 is a small monument standing in open woods upon a steep northerly slope about 25 feet from the top, near the broken stub of a huge hemlock, and about 400 feet East of the north-east corner of a new clearing. It is set in line between Milestones 117 and 119. The original milestone was found lying loosely upon the surface of the ground. Oct. 24, 1882. Milestone 119 is a small monument standing at the south side of a garden, among a few small scattering maples, about 70 feet South- west of a dwelling, and 174 75 feet West of a highway monument on the west side of the road north of White’s Corners. It replaces the original milestone. Oct. 23, 1882. A small monument with diagonal grooves was set at the south- 239 .No. 71.] east corner of the Ellice Tract (the center line of Township 1 of Range 6 of the Phelps & Gorham Purchase) ; close to the west side of an oak stump, 4 feet in diameter; 125 3 7 ft. West of Milestone 119 in line toward Milestone 120. Oct. 3, 1883. Milestone 120 is a small monument standing upon a short easterly slope, near the foot, north side of an open grove of beech and maple, and about 147 feet West of the south-west corner of Lot 8 of the Ellice Tract. Replaces the original milestone. Oct. 23, 1882. Milestone 121 is a small monument with diagonal grooves, stand- ing upon level cleared land on summit west of Rose llrook valley ; 2538 4 feet East of a highway monument standing upon the west side of a road. It replaces the original milestone, and marks the corner of the towns of Harrison and Bingham in Potter County, Penn- sylvania. The original milestone was set at the west side of the new monument. Sept. 28, 1883. Milestone 122 is a small monument in cleared land north side of a pole fence lined with briars, and about 12 feet East of the east end of a board fence, east of a shallow ravine. Replaces the original milestone. Sept. 28, 1883. A small monument with diagonal grooves was set in line between Milestones 122 and 124 to mark the Corner of the Counties of Steuben and Allegany, N. York. It is upon level ground a short distance west of a low bluff sloping east, and was set 699 6 feet West (the distance given in the records of the Surveys of the Phelps and Gorham Purchase) from Milestone 122. Sept. 28, 1883. Allegany County, N. Y. Milestone 123 is a small monument standing in cleared land upon a gentle westerly slope, 473 feet West of a highway monument standing upon the west side of the road south of the village of Spring Mills, N. Y. It is set in line between Milestones 122 and 124. The original milestone had been pulled up and moved about. It was reset at the west side of the new one. Oct. 2, 1883. Milestone 124 is a small monument standing in a gap in a stone wall in a narrow clearing upon a high summit south-west of the Vil- lage of Spring Mills. Replaces the original milestone. Sept. 26, 1883. Milestone 125 is a small monument standing upon a south-westerly slope, N. side of cultivated land, North of the dwelling of M. D. Briggs. Replaces the original milestone which was reset at the west side of the new monument. The latter was mutilated, soon after it was set, by some malicious person, who evidently undertook to break it in pieces. Sept. 27, 1883. Milestone 126 is a highway monument standing upon the south side of a road which follows the line for about one-half mile, opposite the north-west corner of a barn belonging to Theodore Potter. The original milestone having been removed in working the road, the new milestone was set in a westward prolongation of the line between Milestones 124 and 125. 4 Oct., 1883. 2’40 [Senate Milestone 127 is a small monument with diagonal grooves, stand- ing upon the steep north-westerly slope south of the valley of Cryder Creek, in thick woods, in the west side of a narrow windfall, 15 feet north-west of a huge upturned hemlock root ; about 660 feet west of the brow of the slope. It replaces the original milestone and marks the corner of the towns of Bingham and Genesee, Potter County, Penn. 5 Oct., 1883. Milestone 128 is a small monument standing at the south-easterly corner of a partial clearing, upon a south-easterly slope of a gravel ridge east of the Genesee River ; 280 feet west of a small brook, and 525 7 feet West of a highway monument standing on the west side of the Cryder Creek road. Replaces the original monument. 11 Oct., 1883. A highway monument standing on the westerly side of the stage road south of the village of Shongo, is 53 9 feet South and 74 4 feet East from the center of Astronomical Station Genesee Yalley. The latitude of this monument as deduced from the observations at the Station in 1879 is 41° 59' 57".76. 11 Oct., 1883. Milestone 129 is a small monument standing upon a steep north- easterly slope covered with a wilderness of briars, fallen logs, tree tops and burnt timber, 11 80 3 feet west of the highway monument above described. It is a little south-west of a clump of green beeches and maples, and replaces the original monument. 8 Oct., 1883. Milestone 130 is a small monument standing upon a short northerly slope, surrounded by briars and fallen logs, about 150 feet south-east of a brook. It is 27 5 feet west of Bryan McGinnis’s south-west corner and 690 feet East of a highway monument stand- ing on the north-westerly side of the Irish Settlement road. Replaces the original milestone, which was reset at the west side of the new milestone. 10 Oct., 1883. Milestone 131 is a small monument standing in cultivated ground north side of tangled woods on a southerly slope. The original milestone was not found. The new milestone was placed in an easterly prolongation of a line drawn from Milestone 132 through the stump of an original u Line Tree ” standing beside a road 1712 feet West of 131. 13 Oct., 1883. Milestone 132 is a small monument standing in a small depression in open woods, about 75 feet South of a wood road, a short distance east of the east side of a clearing and 770 feet West of Ore Bed Creek. Replaces the original milestone. 17 Oct., 1883. A highway monument in the road on the second summit west of Milestone 132, marks the corner of the Towns of Willing and Alma, Allegany Co., H. Y. 16 Oct., 1883. Milestone 133 is a small monument standing upon a steep westerly slope, 426 8 feet east of a highway monument upon the east side of a road in the bottom of the valley. It marks the Corner of the Towns of Genesee and Oswayo in Potter County, Pennsylvania. The original milestone had been plowed up and removed. 16 Oct., 1883. No. 71.] 241 The last two monuments were set in line between Milestones 132 and 134. Milestone 134 is a small monument, standing upon the level top of a knoll between two shallow ravines of Redwater Creek, 350 ± ft. West of a highway monument standing on the w^est side of the Wells ville and Coudersport Turnpike. Replaces the original milestone which was reset upon the west side of the new monument. 15 Oct., 1883. Milestone 135 is a small monument standing on a gentle north- westerly slope in thick open woods. The timber immediately sur- rounding the milestone is mostly hard-wood. Replaces the original milestone. 15 Oct., 1883. Milestone 136 is a small monument in thick open woods on a steep north-westerly slope, close beside a large beech stump, 950 feet East of a brook in a deep ravine. Replaces the original milestone. 19 Oct., 1883. Milestone 136f is a small monument standing at the west edge of the original Sixth Latitude Stone, which was left standing in place. In thick woods upon a steep north-easterly slope, about 480 feet W est of the south branch of Crandall Creek. This monument was erro- neously marked by the stone-cutter “ 136|- M.” 19 Oct., 1S83. Milestone 137 is a small monument standing in open woods, upon a north-easterly slope, about 50 feet from the foot of a steep pitch ; about 600 feet East of the summit of the mountain. Replaces the original monument. 19 Oct., 1883. Milestone 138 is a small monument standing in thick hemlock woods, on a steep westerly slope, about 250 feet West of the sum- mit of the ridge, 75 feet east of an abandoned road, and about 1173 feet West of a highway monument standing on the west side of the road south from Alina P. O. Replaces the original milestone 20 Oct., 1883. A small monument marked on the top with a A\ stands at the south side of the monument w T hich was s§t in 1798 to mark the south-east corner of the Holland Land Company’s Purchase. The north edge of the new monument indicates the Line. Upon a steep north-easterly slope, about 600 feet West of a deep ravine. This monument marks the corner of the Towns of Alma and Bolivar in Allegany County, N. Y. 23 Oct., 1883. v Milestone 139 is a small monument upon a steep northerly slope in thick hemlock woods near the north-east corner of a slashing ; directly south of the residence of S. C. Stratton, 1148 a feet West of the preceding monument. The original monument was not found. The new milestone was placed in a westward prolongation of the line joining the two preceding monuments. 23 Oct., 1883. A small monument with diagonal grooves marks the Corner of the Towns of Oswayo and Sharon in Potter County, Penn. It is in the South edge of partially cleared (pasture) land, north of a rough road which follows the line ; on a steep fiortherly slope 2710 4 ft. West of [Sen. Doc. No. 71.] 31 242 [Senate Milestone 139 ; 882 feet west of a brook in a deep ravine, and about 614 feet East of the South-west corner of Section 1, Township 1, Range 1, of the Holland Land Company’s Purchase. This monu- ment was set in line between Milestones 139 and 140 at the point indicated by the stake set for the town line, by request of the County Commissioners. 16 May, 1884. Milestone 140 is a small monument standing in thick woods in swampy ground, at the foot of a steep northerly slope, south of Honeoye Creek. Replaces an old stake identified as the corner of two Pennsylvania Land Districts, which was originally marked by Milestone 140, which was not founrh 789 5 fpp.t Wpst, nf a Lio-W^v house. 16 May, 1884. A small monument is set upon the south-east edge of the Honeoye flats at the N. W. side of a flood- water channel of the Creek, in line between Milestones 140 and 141, 1485 feet East of Milestone 141. 17 May, 1884. Milestone 141 is a small monument in the edge of wet ground upon the Honeoye flats, 180 feet West of a lane leading to an aban- doned saw-mill, and 1148 3 feet East of a highway monument stand- ing on the south-east side of the stage-road. The original milestone has never been known. The new monument was set in an easterly prolongation of a line drawn from Milestone 144 through an authen- tic New York Section Corner, west of 141. 16 May, 1884. Milestone 142 is a highway monument standing upon a bluff, west side of a road leading northerly from Goldsmith’s Corners. The original milestone had been dug up in working the road and broken in pieces. 17 Majq 1884. Milestone 143 is a small monument, standing upon a very steep southerly slope, upon the north-easterly side of a high rocky peak, east of Horse Run valley, surrounded by briars, logs, and dead bushes; 173 feet West of a white oak 35 inches in diameter, and about due north from East Sharon school-house. The original mile- stone was found lying bn the slope near the point at which the new milestone was set. 17 May, 1884. Milestones 142 and 143 were set in line between Milestones 14 L and 144. Milestone 144 is a highway monument standing in the north line of the road which follows the line across Horse Run valley bottom, 370 feet West of where the Run crosses the road. Replaces the original milestone. 27 Oct., 1883. Milestone 145 is a small monument, standing in a quick growth of saplings upon a steep south-westerly slope, surrounded by dead stubs and fallen trees ; 271 feet East of a highway monument on the east side of a road east side of Coon Brook valley. Replaces the original milestone. 15 May, 1884. A small monument with diagonal grooves marks the Corner of the Counties of Potter and McKean in Pennsylvania. It stands in monument standing on the west No. 71.] 243 thick woods 5 3 feet North of the north side of a large pine stunpp which has always been known as marking the County Corner ; on a steep north-westerly slope a short distance below the brow. It is 3592® feet West of Milestone 145, and 913 6 feet West of the North- east Corner of Penn., Warrant No. 4330. 19 May, 1884. Milestone 146 is a small monument standing in thick woods upon a steep westerly slope 575 feet East of a brook in the bottom of a deep valley. The original milestone had been pulled up and left lying beside a hemlock tree near by. 19 Ma} r , 1884. Milestone 147 is a small monument standing in thick 'woods on a gentle southerly slope just west of a small spring brook and 9 6 feet South of a huge Pine stump ; about a quarter of a mile east of the brow of a north-westerly slope toward the Little Genesee Creek. The original milestone was not found. 21 May, 18S4. A monument of ordinary stone marks the Corner of Sections 25 and 33 in Township 1 of Range 2 of the Holland Land Company’s Purchase (N. Y.). It stands in the open field upon bottom land about 530 feet west of the Little Genesee Creek. The top, marked “ L 25 ” and “ L 33 ”, has been broken off, but lies beside it. The last four monuments are in line between Milestones 145 and 14S. Milestone 148 is a small monument standing in open woods upon flat wet ground north-east of the Oswayo River ; 3 6 feet North-west from a white pine, 24 inches in diameter. The original milestone never was found. The new monument is set in a westerly prolonga- tion of ajine drawn from Milestone 145 through the Section Corner above described and 14 chains 13 links West of the latter point (14.10 Ch. is the distance to the 148 mile tree, given in the Records of the surveys of the Holland Land Company’s Purchase). 21 May, 1884. Milestone 149 is a highway monument standing in the south line of Main street in Ceres, opposite the school-house, and 105 feet West of the north-west corner of the Cemetery. It is 106.9 feet West and 56 57 feet South from the center of Astronomical Station Ceres. The latitude of the milestone, deduced from the observations at this Sta- tion, is 41° 59' 58". 66. The original milestone has never been known. This milestone was set in a line drawn from 148 through a point 3 feet north of the north face of the foundation of the Church in Ceres. 19 May, 1884. Milestone 150 is a small monument standing in rough wet ground, in a thick growth of saplings in the north edge of thick woods upon the Oswayo flats, about midway of a narrow clearing north of the line, about 275 feet East of the Corner of Sections 49 and 57 in Township 1, Range 2, of the Holland Land Company’s Purchase (N. Y.). The original milestone was not found. The new milestone was set in a easterly prolongation of a line drawn from Milestone 151 through an elm tree marked for a Pennsylvania Subdivision Corner 1387 feet West of 150. 21 May, 1884. 1 244 [Senate A small monument was set upon the Oswayo flats, 40 feet West of the left bank of the River. 22 May, 1884. A small monument with diagonal grooves, marks the Corner of the Counties of Allegany and Cattaraugus in New York. It stands in low wet ground, among scattered trees, about 1043 feet East of Milestone 151, and about 200 feet east of a bayou or flood-water channel of the Oswayo River. The longitudinal position of this monument was fixed by measurement from the original witness trees indicated in the records of Surveys of the Holland Land Purchase. One of these trees, an elm (N. E.), is still vigorous.* 22 May, 1884. The last two monuments are set iu line between Milestones 150 and 151. Cattaraugus County, N. Y. Milestone 151 is a small monument standing in open woods about 30 ft. South-west of the left bank of the Oswayo River. Replaces the original milestone. 22 May, 1884. Milestone 152 is a small monument standing in open scattered woods, just west of a tract of burnt timber. Upon a steep northerly slope at the easterly side of a cove; 850 ft. E. of the summit of the high ridge between the valleys of the Oswayo and the Allegany. Replaces the original milestone. 5 May, 1884. Milestone 153 is a small monument standing in a narrow dyke be- tween the Allegany River and a slough or flood-water channel, a few feet South-west of a boom house, and 36 ft. West of a dead hem- lock (an old line tree) standing on the edge of the left baifk of the River. This monument stands a few feet west of the probable site of the original milestone, which was found lying upon the ground near by. 28 May, 1884. Milestone 154 is a small monument standing in thick woods near the south-west* corner of a hemlock slashing, about 50 feet West of a wood road and 28 feet East of a small run in the bottom of a deep valley, about 75 feet above (north of) where it is joined by a brook from the north-east. Replaces the original milestone. 29 May, 1884. A small monument with diagonal grooves marks the comer of the Towns of Portville and Olean in Cattaraugus County. It stands upon a gentle slope east in a tangled mass of briars, bushes, logs, and tree tops about 390 feet East of Loup’s Creek and 1196 9 feet East of Milestone 155. Its longitudinal position was fixed by measuring the distance from 155 given in the Records of the surveys of the Hol- land Land Company. The monument set by this company to mark this point was abstracted 40 years ago or more.f 29 May, 1884. *24 Mile Post, Elm, 6"d., N. 51 E 2t links ; Hickory, 10' d.. N. 29 W. 36 links; Maple 24" d. S. 53 E. 34 links The stump of the hickory yet remains. In 1877 it was a tall stub upon which the marks were quite distinct. f“ Large stone 28 miles west of Phelps and Gorham’s south-west corner, marked east sid6 ‘ W. & J. Willink. S. W. Cor.’, west side H. L. Co. Beg.’ ” James Sperrv in his re-survey of Section 1 in Township 1, Range 4, in 1847 makes no mention of this stone. No. 71.] 245 Milestone 155 is a small monument standing in thick open woods, upon a very steep easterly slope 660 ft. East of the summit of the mountain west of Loup’s Creek valley. Replaces the original mile- stone. 29 May, 1884. Milestone 156 is a small monument standing in a wet spot upon a steep westerly slope, about 700 feet East of Meek’s Creek and 845 feet East of a highway monument standing upon the east side of the Meek’s Creek road. Replaces the original milestone. 31 May, 1884. Milestone 157 is a small monument standing upon a narrow ter- race in thick open woods, about 175 feet North-east of an oil derrick and 225 feet East of the summit of the high ridge between Meek’s and Indian Creeks : general slope quite steep north-easterly. Re- places the original milestone. 2 June, 1884. Milestone 158 is a small monument standing in open woods upon a bluff, steep south-easterly slope to a brook in a ravine, flowing E. N. E. about 60 feet distant; about 1200 feet West of the North branch of Indian Creek and 1593 feet West of a highway monument standing upon the east side of the telegraph road. The original milestone was found lying upon the surface of the ground. The new monument is set in line between Milestones 157 and 159. 7 June, 1884. A small monument with diagonal grooves marks the corner of the Towns of Eldred and Otto in McKean County, Penn. It was set in line between Milestones 157 and 159 opposite the old War- rant Corner stake, near the top of a bluff on a steep easterly slope, south of thick woods, 222 feet West of a highway monument stand- ing upon the east side of a road north of the hamlet of Wigwam. 7 June, 1884. Milestone 159 is a small monument standing in thick woods on a southerly slope, 15 5 feet East of a Spring brook, and 1752 2 feet East of a highway monument on the south-westerly side of the Indian Creek road. Replaces the original milestone. 7 June, 1884. Milestone 160 is a small monument standing in thick w r oods upon a steep north-easterly slope; directly south of Derrick No. 9, of the Bradford Oil Company, about 700 feet East of an immense rock near the summit of the ridge, and 1333 feet East of a highway monument standing on the north-easterly side of a road on the sum- mit of the ridge south-west of Indian Creek. This milestone is set in a westerly prolongation of the line between Milestones 157 and 159, opposite the probable comer of two Pennsylvania Land Dis- tricts. The original milestone had been pulled up and moved. 9 June, 1884. Milestone 161 is a small monument standing upon a steep westerly slope, cleared for oil purposes and partially burned over, surrounded by bushes, stumps, and logs ; 93 85 feet west of a highway monument standing upon the east side of the road leading from Knapp’s Creek Station to Duke Center, and about 275 feet east of the middle branch of Knapp’s Creek. Replaces the original milestone. 12 June, 1884. 246 [Senate Milestone 162 is a small monument, standing in woods and bushes upon a steep southerly slope about 125 feet north-easterly from Der- rick No. 5 of the Union Oil Company, and about 490 feet West of Pembroke Pun. Replaces the original milestone. 13 June, 1884. A small monument with diagonal grooves marks the corner of the Towns of Otto and Bradford in McKean County, Penn. It stands upon a steep rocky, southerly slope which is covered with bushes, fallen trees, and logs; 2354 feet West of Milestone 162, and about 300 feet west of the head of a valley which trends S. W. 14 June, 1884. Milestone 163 is a small monument standing in open woods, upon level ground, south-east side of the summit of the ridge west of the head of Chipmunk Pun, about 200 feet South of the fourth Der- rick of the Enterprise Transit Oil Co. Replaces the original mile- stone. 14 June, 1884. Milestone 164 is a small monument standing in an open space in the woods, cleared for a log skidway, upon a gentle slope south-east, about 50 feet north of a timber tramway, about 450 feet north-easterly from where the tramway crosses Harrisburg Pun, 7 chains 79 links (Records of Surveys of Holland Land Company’s Purchase) east of the south-west corner of Lot 1, Section 13, of Township 1, Range 5. Replaces original milestone. 24 June, 1884. Milestone 165 is a small monument standing in thick open woods upon a narrow terrace upon a steep westerly slope, 888 feet West of the S. E. Corner of Carrolton in Cattaraugus Co., wdiich is upon the west side of the summit of the high ridge between Harrisburg Run and State Line Run. Replaces the original milestone. 21 June, 1884. Milestone 166 is a highway monument standing in a narrow open- ing (cut for a skidway) in thick woods near the south-east side of State Line Run road, which is little used ; 166 feet East of a small brook. The original milestone wat not found. The new monu- ment was placed in line between Milestone 165 and the Seventh Latitude Stone. 21 June, 1884. Milestone 167 is a small monument standing upon the Tuna Flats, south-east side of a narrow" slough ; about 200 feet East of Tunaun- guant Creek; about 139 feet West of a railroad monument standing at the east side of the track of the Bradford Branch of the N. Y., L. E., & W., R. R., and about 15 feet North of iron oil tank No. 506, United Pipe Lines. The original milestone had been puHed up and moved. The new r monument was placed in line between Milestone 165 and the Seventh Latitude Stone, 528 feet east of the latter. 20 June, 1884. Milestone 167^ is a small monument upon the Tuna Flats, at the east edge of the original Seventh Latitude Stone, w r hich was left standing in place, a short distance north-east of iron oil tank No. 637, United Pipe Lines, about 250 feet West of Tunaunguant Creek. The new monument is 8 69 ft. South and O 90 ft. East from the No. 71.] 247 center of Astronomical Station Tuna Valley, and its Latitude as de- duced from the observations at this Station is 42° 00' 04 // .09. A deflection in the Boundary to the south, of 1° 41' occurs at this monument. 17 June, 1884. Milestone 168 is a small monument standing upon a little knoll upon a steep North-easterly slope westeside of the head of a cove in the mountain, about 200 feet west of a brook, and about 525 feet East of the narrow summit of the high ridge west of the Tuna Valley. Replaces the original milestone. 26 June, 1884. Milestone 169 is a small monument standing upon a gentle west- erly slope in thick open woods north-east side of the head of a valley opening out upon Bolivar Brook ; about 865 feet West of the west side of the summit of the main ridge. The original milestone was not found. 2 July, 1884. Milestone 170 is a small monument standing in a partially cleared space in thick woods, upon a very steep easterly slope, about 600 feet west of Bolivar Brook ; 485 feet East of a small monument with diagonal grooves which marks the corner of Sections 54 and 66 in Township 1, Range 6, Holland Land Company’s Purchase,* (the distance given in the record of the Surveys of the II. L. Co., is 495 feet but it was found impracticable to set the milestone there on account of upturned roots,) and 109b 6 feet West of a highway monu- ment standing upon the east side of the Bolivar Brook Road. The original milestone was not found. 1 July, 1S84. A small monument with diagonal grooves was set at the south end of the u Western Transit Meridian” of the Holland Land Co. Pur- chase, opposite the original transit monument, which was reset at the North side of the new monument. It stands in thick open woods upon a gentle northerly slope, about 20 feet South of a wood road, and marks the corner of the Towns of Carrolton and Red House in Cattaraugus County, N. Y. 30 June, 18S4. The last three monuments were set in line between Milestones 168 and 171. Milestone 171 is a small monument standing upon level ground in thick open woods (beech & maple) 548* feet West of the u Transit Monument.” Replaces the original milestone. 30 June, 1884. Milestone 172 is a small monument standing in thick open woods upon a gentle south-easterly slope, about 50 feet north-westerly from brow of slope South-east to Bennett Brook, and 800 feet East of a highway monument standing on the north-easterly side of the old Bradford Trail. Replaces the original milestone. 3 July, 1884. A small monument with diagonal grooves was set in line between Milestone 172 and 173 to replace the original monument set by the Holland Land Company to mark the south-west corner of the “ Wil- link Strip.” Upon level ground in thick woods, surrounded by old fallen logs and upturned roots, about 60 feet South of the old Brad- * “ Beech 6"d. N. 21° W. 33 links ; Beech 9"d. N. 24° E. 30 links.” Both these witness trees yet remain. 248 [Senate ford Trail, and 1539 feet West of Milestone 172. The original monument was reset at the north side of the new one. 3 July, 1884. Milestone 173 is a small monument standing in thick hemlock woods, upon level ground covered thickly with mossy rocks. South- west of a gentle slope toward Red House Creek ; about 2000 feet south-westerly from an abandoned lumber camp on Red House Creek known as “ Cass Du ell’s old Shanties.” Replaces the original mile- stone. 7 July, 1884. A small monument marked “ 3 M. P.” was set in the place of the 3 mile post upon the south line of Township 1, Range 7, of the Hol- land Land Company’s Purchase, which was located by measurement from the 3 original witness trees noted in the Records of the Sur- veys of the H. L. Co.* In thick open woods, upon a steep northerly slope, surrounded by rocks; about 10 feet west of a small spring brook ; about 260 feet west of the corner of Sections 25 and 33 of Township 1, Range 7. 9 July, 1884. Milestone 174 is a small monument standing in thick, open, mossy woods, upon a slope northerly toward Quaker Run ; about 600 feet E. of the easterly brow r of summit which the Boundary intersects quite diagonally, and about 1052 feet west of the 3 M. P. monu- ment. The original milestone was found lying upon the surface of the ground. The new monument was placed in line with Mile- stones 173 and the 3 M. P. monument. 9 July, IS84. Milestone 175 is a small monument standing in thick open woods upon a steep southerly slope near the foot and about 100 feet west of a windfall ; 1555 2 feet East of a highway monument standing on the southerly side of a trail from Quaker Run to Bradford, and about 1072 feet East of the corner of Sections 41 and 49 Township 1, Range 7, H. L. Co’s Purchase. Replaces the original milestone. 9 July, 1884. Milestone 176 is a small monument standing in thick woods upon a steep southerly slope, about 300 feet South of the summit of the ridge, and about \ mile west of brow of slope where it intersects the Boundary; 268 feet West of the S. E. corner of Section 57 in Township 1, Range 7, (Holland Land Company’s Purchase), Re- places the original milestone. 12 July, 1S84. A small monument was set at the 5£ mile post on the south line of Township 1, Range 7, in line between Milestones 176 and 177 at a point identified by means of the original witness trees.f It is in thick bushy woods, on a narrow terrace of a steep south-westerly slope, about 200 feet above the foot of the slope, 1411 feet West of Milestone 176. 12 July, 1884. Milestone 177 is a small monument standing in the north edge of thick woods near a partial clearing about 125 feet west of the north- west corner of a cleared field and 455“ feet west of a highway * “3 Miles , Sugar Post: Beech 20” d. S 53° W. 45 links: Birch 10"d. N 25° E. 7 links: Hemlock 20" d. S 30° E. 45 links ” f “ 5£ miles , White Ash Post; Hemlock 24" d. N 15° W., 11 links ; Sugar 26" d. S 12° W., 10 links.” No. 71.] 249 monument standing upon the west side of the road up the south branch of Quaker Run. The original milestone was not found. The new monument is set in an eastward prolongation of a line drawn from Milestone 178 through the monument at the south-west corner of the Town of Red House. 10 July, 1884. A small monument with diagonal grooves marks the corner be- tween the towns of Red House and South Valley. It stands in open woods, upon a short steep northerly slope, south side of a nar- row ravine, about 10 feet south of a brook running west; 2753 s feet East of Milestone 178, and about 600 feet west of the summit of the ridge west of Milestone 177. The position was fixed by measurement from two of the original witness trees, which are still standing.* 10 July, 1884. Milestone 178 is a small monument standing in the north edge of a burned slashing, covered with fallen trees and bushes, south of thick open woods ; upon a north-easterly slope 330 feet east of the summit of ridge east of the valley of Wolf Run, 167 feet West of a large maple standing upon the brow of a very steep north-easterly slope ; and 1170 feet West of the west branch of Quaker Run. Re- places the original milestone. 10 July, 1884. Milestone 179 is a small monument standing in thick open woods upon level ground upon the north bank of a shallow ravine, about 200 feet East of Wolf Run and 9( 8 feet East of a highway monument standing on the south-west side of the Wolf Run road. Replaces the original milestone. 11 July, 18S4. Milestone 180 is a small monument standing in thick open woods on a steep north-westerly slope, 66 feet east of a brook (branch of Wolf Run) in a deep ravine. Replaces the original milestone. 11 July, 18S4. Milestone 181 is a small monument standing south side of a large Oak log in thick open young woods, (principally oak and chestnut,) on a gentle south-westerly slope, about 200 feet north from the north- west corner of a clearing which has grown up to bushes, overlook- ing the valley of a branch of Willow Creek ; and 1000 feet East of the brow of a steep north-westerly slope. Replaces the original mile- stone. 15 July, 1884. Milestone 182 is a small monument standing in a small opening in thin bushy woods on a steep southerly slope north of Willow Creek valley, 1742 feet East of a brook in a deep ravine, and about 300 feet west of the summit of the ridge. Replaces the original milestone. 15 July, 1884. A small monument with diagonal grooves marks the corner of the Counties of McKean and Warren in Pennsylvania. It stands upon a south-westerly slope in thin bushy woods, 297 feet West of Milestone 182, in line toward 183, opposite the position of a large * “ 6 mile post, Sugar 20"d. N. 32^° E., 56 links; Birch 15"d. N. 61° W. t 40 links.” [H. L. Co. Survey of Township 1 Range 8]. The later survey of Section 1 in that Township gives an additional witness, “Beech 14"d., N. 46° W., 77 links.” The Sugar and Beech yet remain. [Sen. Doc. No. 71.] 32 250 [Senate stake surrounded by a pile of stones, set by the County Line Com- mission in 1873. 15 July, 1881. Milestone 183 is a small monument standing upon level ground in a small opening in woods north side of a grove of pine and oak, between two brooks, branches of Willow Creek, about 800 feet East of the west edge of the woods. Replaces the original milestone. 10 July, 1884. An iron Monument set by the U. S. Commission in 1878 or 1879, to mark the S. E. corner of the Allegany Indian Reservation, stand- ing in the center of the Road, 1783 26 feet West of Milestone 183, is 0 s5 ft. too far south. Milestone 184 is a small monument standing upon nearly level ground, in an open field east of the Allegany River, and 590 2 feet East of a highway monument standing in the east side of the River Road. Replaces a monument set in 1873 by the McKean and War- ren County Line Commission, and is 4 47 feet South and 0 51 ft. east from the center of Astronomical Station Corydon. Its latitude, as deduced from the observations at the Station in 1879, is 41° 59' 59". 5. 16 July, 1884. Milestone 185 is a small monument standing in a small clear spot in a bushy pasture, South of thick woods, upon a north-easterly slope, South of State Line Run, 290 feet West of a small brook in a shallow ravine. The original milestone had been pulled up and left lying upon the ground. The new monument was set in a westward prolongation of the line between Milestones 183 and 184, 294 4 feet East (the distance given in the Records of Surveys of the Holland Land Company) from the south-west corner of the Allegany Indian Reservation. 22 July, 1884. The latter corner is marked by a monument of the highway pat- tern, which is set opposite the point at which an iron monument was temporarily placed by the U. S. Commission in 1878 or 1879. The iron monument was reset at the north side of the granite monument. Upon a gentle easterly slope in a thick growth of briars, south side of a large hemlock stump, just south of the brow of a steep north- erly slope toward State Line Run. 22 July, 1884. Milestone 186 is a highway monument standing upon the north- westerly side of the State Line Run road, about 50 feet north of State Line Run. The original monument had been pulled up and left lying upon the surface of the ground. 22 July, 1884. Milestone 187 is a small monument standing upon a southerly slope in woods grown up to bushes, north side of an upturned root, and about 50 feet cast of a wood road. The original milestone had been thrown out, probably by the upturning of the roots of a tree, i 24 July, 1884. The last three monuments are set in line between Milestones 185 and 188. Milestone 188 is a highway monument standing in thick woods, upon a gentle south-easterly slope, surrounded by fragments of rock, No. 71.] 251 about 50 feet north of an abandoned road, and 450 feet east of State Line Run below an old bridge, and 1014 feet West of a highway monument standing in a shallow ravine marking the corner of Sec- tions 34 and 49 of Township 1, Range 9, of the Holland Land Company’s Purchase. Replaces the original milestone. 21 Julv, 1884. A small monument in line between Milestones 188 and 189 marks the corner of the Towns of Elk and Pine Grove in Warren County, Penn. It stands in the open field upon the east side of the summit of Robbins’ Hill, 29 2 3 feet East of a highway monument standing upon the east side of the road on the summit. It is set opposite the stake placed in 1881, by order of the County Commissioners, to mark the Town Corner. 4 Aug., 1884. Milestone 189 is a small monument standing in thick tangled woods on a steep westerly slope, about 330 feet west of the west edge of a clearing, and 730 3 feet west of the highway monument standing upon the east side of the Road upon the summit of Rob- bin’s Hill. Replaces the original milestone. 4 Aug., 1884. A highway monument marks the corner of Cattaraugus and Chautauqua Counties in New York. It stands at the southwest- erly corner of bushy woods, at the south end of a road laid out on the County Line but not opened. 1380 1 feet West of Milestone 189 and 9S2’° feet East of a highway monument standing upon the west side of a road. It is set opposite the stake set by O. D. Hinckley from the remains of the original witness trees* in 1870, and in line between Milestones 189 and 191. 5 Aug., 1884. Chautauqua Countt, N. Y. Milestone 190 is a small monument upon nearly level land covered with briars and fallen logs, about 200 feet north of a clearing, at the south side of a gully, about 15 feet south of the north branch of a brook .running west. Opposite the point where the original mile- stone is said to have stood when it was broken down by a falling tree; in line between Milestones 189 and 191. 5 Aug., 1884. Milestone 191 is a small monument standing in cleared land north of a piece of woods upon an easterly slope, about 1365 feet West of a highway monument making the corner of Sections 9 and 17 in Township 1, Range 10, of the Holland Land Co., Purchase, standing east side of the road in the valley of Storehouse Brook. The mile- stone is set in an eastwardly prolongation of the line from Milestone 192 through the 4 M. P. monument. The original milestone has been plowed up and moved about. 6 Aug., 1884. A small monument replaces the stake set in 1870 by O. D. Hinck- ley by measurement from the original witness trees to mark the 4 mile post upon the south line of Township 1, Range 10, of the Hol- *“ 6 Mile Post ; W., pine, 80' d, N - , 6° E. 45 links ; Poplar, 24" d. N.77° W. 4 links.” Both are now gone. One was standing in 1870. 252 [Senate land Land Co., Purchase.* It stands upon a steep bluff west side of a deep ravine, about 100 feet west of a brook, and 1107" 6 7 feet west of Milestone 191. 6 Aug., 1884. Milestone 192 is a small monument standing in an open chestnut grove, South side of thick woods, on a westerly slope, south-east side of a small ravine, and 395 feet west of the summit of a ridge west side of a deep ravine. Replaces the original milestone. 0 Aug., 1884. Milestone 193 is a small monument standing upon a narrow gravel ridge between two swamps in the Conewango Flats, 5600 feet West of Milestone 192 and about 2200 feet east of the Conewango River. The original milestone was not found. 6 Aug., 1884. A small monument stands upon the left bank of the Conewango River. 7 Aug., 1884. The last two monuments are in line between Milestones 192 and 194. Milestone 194 is a small monument standing in the edge of thick woods, against the east side of a large sandstone monument set by A. T. Prendergast in 1871, west side of a road, about 3575 feet West of the Conewango River. 7 Aug., 1884. Milestone 195 is a small monument with diagonal grooves, stand- ing in nearly level cleared land, east side of a shallow ravine, and 367 6 ft. East of a Highway monument on the west side of the road leading from Kiantone to Pine Grove. It marks the corner of the Towns of Pine Grove and Farmington in Warren Co., Penn., and is set in line between Milestone 194 and the Eighth Latitude Stone, 660 feet East of the latter. The original milestone was found lying upon the surface of the ground broken in pieces. 11 Aug., 1884. Milestone 195-J is a small monument set at the east edge of the original Eighth Latitude Stone which was left standing in place. It is in the north edge of thick woods, at the west brow of a narrow ravine. 7 Aug., 1884. Milestone 196 is a small monument standing upon a gentle north- erly slope, north side of thick woods, 242 feet East of the south- west corner of a clearing. The original milestone was found lying upon the surface several rods South. 13 Aug., 1884. Milestone 197 is a highway monument standing upon a gentle slope north, 30 feet East of a road. In cultivated land. The origi- nal milestone was found in a stone pile near by. 13 Aug., 1884. Milestone 198 is a small monument standing upon level land, north side of a clearing, in the edge of woods, 705 8 feet West of a highway monument standing upon the east side of the road upon the Town line of Kiantone and Busti in Chautauqua Co., N. Y. The original milestone was not found. 13 Aug., 1884. The last three milestones are set in a line drawn from the Eighth Latitude Stone west through the 2£ M. P. monument. * “ 4 mile post ; chestnut 8" d. N 60° E., 11 links. White oak 18" d. N 42° W.’ 7 links." The chestnut was standing in 1870. No. 71.] 253 A small monument replaces the stake set in 1870 by O. D. Hinck- ley by measurement from the original witness tree^* to mark the 2J- Mile Post upon the south line of Township 1, Range 11, of the Hol- land Land Company’s Purchase. It is in open woods, upon a west- erly slope, about 300 feet west of the summit of the ridge and 2175 feet West of Milestone 198. 14 Aug., 1884. Milestone 199 is a highway monument standing upon the west side of a road near the head of York Run. The original milestone was not found. The new monument is set in a westward prolonga- tion of the line from the Eighth Latitude Stone to the 2J M. P. monument, and at the distance from the latter given in the Field Notes of the Holland Land Company’s Surveys for the position of the “ Beech tree, 199.” 14 Aug., 18S4. Milestone 200 is a small monument standing at the south edge of woods, upon a southerly slope, north of a ravine, at the corner of two Pennsylvania farms, which is also the corner of Penn., War- rants No. 242 and 291 ; about 100 feet East of the head of a long westerly slope. Replaces the original milestone. 13 Aug., 1884. A small monument marks the corner of the Towns of Farmington and Sugar Grove in Warren Co., Penn. It was set opposite a stake set in 1881, by order of the County Commissioners, to mark the Town line. It is upon level ground, in a little cove in a low bluff, which slopes south, about 13 ft. south of the foot of the slope ; about G50 feet west of a brook flowing north-westerly and 26 20 5 feet West of Milestone 200. 22 Aug., 1884. Milestone 201 is a highway monument standing at the west side of the road east of Stillwater Creek. ' The original monument had been pulled up and used in blocking up a rail fence corner. 10 Aug., 1884. Milestone 202 is a small monument standing in an open field north of a garden and orchard, upon an easterly slope, 21 1 36 feet West of a highway monument standing at the north-west side of the stage road leading from Jamestown to Sugar Grove. The original milestone was not found. 16 Aug., 1884. The last three monuments were set in line between Milestones 200 and 203. Milestone 203 is a small monument standing in thick woods, upon nearly level ground, at the corner of Pennsylvania Warrants No. 289 and 214, and 20 & feet West of the south-east corner of J. Boswell’s farm ; about 500 feet east of a brook in a deep ravine. Replaces the original milestone. 18 Aug., 18S4. A highway monument standing upon the east side of the road north from the village of Sugar Grove, 20S3 feet West of Milestone 203 in line toward 204, is 7 06 feet West and 23 76 feet North from the center of Astronomical Station Sugar Grove. The Latitude of this monu- ment as deduced from the observations at the Station in 1879 is 41° 59' 59". 07. 21 Aug., 1884. * “ 40 Chain Post : Beech 7" d.N 22° E. 10 links. Beech 12" d. N 58° W. 39 links.” Both are now gone. The west witness was standing in 1870. 254 [Senate Milestone 204 is a small monument standing at the edge of thick open woods about 15 feet East of the south-west corner of a clearing, and at the corner of Pennsylvania Warrants No. 244 and 243 ; about 75 feet East of a brook flowing north in a shallow ravine. Replaces the original milestone. 18 Aug., 1884. Milestone 205 is a small monument standing upon a gentle west- erly slope in open woods, about 360 feet west from a brook flowing southerly in a shallow ravine, and about 2404 feet West of a highway monument standing at the east side of a road leading north-west from Sugar Grove to Ashville. Replaces a sleigh-shoe which for a long time has marked the corner of Pennsylvania Warrants No. 243 and 193, the probable position of the original milestone, which was never known. 20 Aug., 1884. Milestone 206 is a small monument with diagonal grooves standing in cleared (pasture) land north of a thin piece of woods, upon an easterly slope, about 50 feet East of the brow ; 1520 feet West of a highway monument standing at the east end of a short jog in the road crossing the line. The original milestone was never known. The new monument is set in line between Milestones 205 and 207, opposite the stake set in 1SS1, bv order of the County Commissioners, to mark the line between the Towns of Sugar Grove and Freehold in Warren County, Pennsylvania. 20 Aug., 1884. Milestone 207 is a small monument standing at the north-west cor- ner of a triangular piece of woods., upon nearly level ground, 49U 3 feet west of a highway monument standing upon the east side of the road upon the line between Ranges 13 and 14 of the Holland Land Company’s Purchase. Replaces the remains of three stakes of various ages, which have for years marked the corner of Pennsylvania War- rants No. 192 and 187. The original milestone was never known. 22 Aug., 1884. Milestone 208 is a small monument standing in open woods upon nearly level ground, about 10 feet west of the top of a low bluff, the west bank of a hollow ravine ; about 45 feet West of JDeer Lick Creek, and 462 feet East of same Creek where it again crosses the Boundary flowing south-westerly. Replaces the original milestone. 25 Aug., 1884. Milestone 209 is a small monument standing upon level partially cleared ground, about 50 feet west of the right bank of the Little Brokenstraw Creek. An original milestone was never known. 17 Sept., 1884. Milestone 210 is a small monument standing in an open space in woods upon a low knoll, in a swamp, 986 7 feet West of a small monument at the north-w’est side of the track of the N.Y., P. & O. R. R. The original milestone is unknown. The new monument was set opposite a stake which marked the corner of Pennsylvania Warrants No. 103 and 104. 15 Sept., 1884. Milestone 211 is a small monument standing in cleared land at the north end of a fence which indicates the line between Pennsylvania 255 No. 71.] Warrants 103 and 392, on a soutli-westerly slope, about 150 feet east 1 of a brook in a shallow ravine. An original milestone was unknown. 15 Sept., 1884. The last three milestones were set in a line drawn from Milestone 208 through a stake set in 1870 from the remains of the original wit- nesses by O. D. Hinckley, to mark the position of the 3 Mile Post upon the south line of Township 1, Range 13, of the Holland Land Company’s Purchase* (492 4 feet East of Milestone 210). A large boulder with a cross upon its top, in line between Milestones 211 and 212, marks the line between sections 41 and 49 in Township 1, Range 13, of the Holland Land Company’s Purchase. It stands in cleared land upon the summit north-east of the village of Bear Lake. Reset 17 Sept., 1884. Milestone 212 is a small monument with diagonal grooves, stand- ing on nearly level ground in 'woods, near the north-east corner of a partial clearing, about 750 feet east of a brook, and about 1017 feet West of a highway monument standing at the east side of the road leading north from the west end of the village of Bear Lake. Re- places a stake and stones set to mark the corner of the towns of Freehold and Columbus in Warren County, Pennsylvania. An original milestone was unknown. 17 Sept., 1884. Milestone 213 is a small monument standing in cultivated land upon a gentle westerly slope, about 738 feet west of a highway monument standing at the east side of the road which follows the line between the Towns of Harmony and Clymer in Chautauqua Co., New York. 18 Sept., 1884. Milestone 214 is a highway monument standing upon level cleared land, covered with clumps of bushes and briars ; north side of a road which follows the State Line; about 80 feet West of a wet swail, and 458 8 feet East of a highway monument standing at. the inter- section of State Line Road with a road leading South-westerly toward Columbus. 16 Sept., 84. The last two milestones are set in line between Milestones 212 and 215. Milestone 215 is a small monument standing in open woods, upon rolling land, upon a gentle easterly slope, about 30 feet East of the east brow of a deep ravine; about 1221 feet West of a highway monument standing upon the south-westerly side of a new road west side of a swamp on a branch of Big Brokenstraw Creek. An orig- inal milestone is unknown. The new monument is set in an east- ward prolongation of the line drawn from Milestone 218 through the Section Corner 696 ! feet West of 215. 16 Sept., 1SS4. A highway monument marks the corner above referred to, of Sec- tions 17 and 25 in Township 1, of Range 14, of the Holland Land Com- pany’s Purchase. It stands in level wet ground, at the south edge of Post 7 Maple, 12" d., N. 2° E., 32 links: Beech. 8"d., N. 24° E., 25 links.” Mr. Hinckley says, “ At 8 miles, identified both witnesses and set red- beech stake on line. Witness trees down and badly decayed.” 256 [Senate thick woods, near the north-east corner of a clearing, at the south- easterly end of a road laid out and cut through the woods, but now abandoned. Replaces the old stake which was set by reference to the original witnesses which are not now standing. 16 Sept., 1884. Milestone 216 is a smalt monument standing in the open field upon a westerly slope, 74T 7 feet east of a highway monument standing upon the north-easterly side of the road leading from Cly- mer to Columbus. An original milestone is unknown. 12 Sept., 1884. Milestone 217 is a highway monument in the north line of the road which is laid out along the Boundary ; upon a westerly slope, about 730 feet west of the west side of the summit of the ridge Cast of the Big Brokenstraw Creek. An original milestone is unknown. 12 Sept., 1884. The corner of Warren and Erie Counties in Pennsylvania is marked by a highway monument standing in the north side of the road along the Boundary, opposite the stake set in 1881 by order of the County Commissioners to mark the County Corner. Upon a westerly slope, 47 9 feet West of a large maple standing upon the north side of the road, and 462 0 feet West of Milestone 217. 12 Sept., 1884. The last four monuments are set in line between Milestones 215 and 218. Milestone 218 is a small monument standing in a maple grove, north of an orchard, upon a north-easterly slope, 7 86® feet West of a highway monument standing in the east side of the road leading from Clymer d(5wn the west side of the valley of the Big Broken- straw Creek. An original milestone is unknown. The new r monu- ment is set in a line drawn from Milestone 219, through a Section Corner 529 4 feet W est of 2 1 8. 11 Sept., 1 884. A small monument with diagonal grooves marks the corner above referred to, of Sections 49 and 57. It stands midway upon a very steep north-westerly slope, the south-easterly side of a deep ravine, in a bushy piece of woods, partially cleared on the south. Superfluous figures were cut out of the westerly faces of the monument. Re- places a stake which was set by measurement from the original wit- ness trees,* which still remain. 11 Sept., 1S84. The Corner of the Towns of Clymer and French Creek in Chautau- qua County, is marked by a highway monument standing beside (North of) the wagon track of the State Line Road. It is set in line between Milestones 218 and 219, opposite the point at which stood the old stake which marked the Corner of Townships 1, of Ranges 14 and 15, of the Holland Land Company’s Purchase. 11 Sept, 1884. Milestone 219 is a highway monument standing at the north edge of the wagon track of the State Line Road, upon level ground upon the second summit west of Big Brokenstraw Valley. The original * *• Hemlock 24" d. N 45° W. 15 links; Hemlock 16" d. N 24° E., 61 links." No. 71.] 257 milestone was not found. The new monument is placed in the east- ward prolongation of a line drawn from the monument at the South- west Corner of New York through the M. P. monument 2002 4 feet, (the distance given in the Records of the Surveys of the Hol- land Land Company) west of Milestone 219. 4 Sept., 1884. A. highway monument, standing in the north line of the State Line Road, marks the place of the original 5^ Mile Post upon the south line of Township 1, Range 15, of the Holland Land Company’s Purchase. The point was fixed by measurement from the stump of the original cherry witness* which still remains. 4 Sept., 1884. Milestone 220 is a highway monument standing. in the north line of the State Line Road upon the east slope of the third knoll west of a deep ravine, east of the valley of Hare Creek. The original milestone was not found. The new monument was placed at the distance East of the Corner of Sections 9 and 17, in Township 1, Range 15, given in the Holland Land Company’s Records. 10 Sept., 1884. Milestone 221 is a highway monument standing in the south edge of woods, west of a ravine, north side of the State Line Road, where the road turns toward the south-east, above the summit of a steep easterly slope. The original milestone was not foui.d. The new monument was placed at the distance west of the Corner of Sections 9 and 17 in Township 1, Range 15, given in the Holland Land Company’s Records. 9 Sept., 1884. Milestone 222 is a highway monument standing upon cultivated ground upon the north t side of the State Line Road, on a westerly slope 760 7 feet west of a highway monument standing upon the summit of the ridge at the south-east corner of a School-house lot. An original milestone was never known. 5 Sept., 1881. Milestone 223 is a highway monument standing in the south edge of thick woods, north side of State Line Road, upon an easterly slope toward Herrick Run, a short distance east of the summit between two branches of that stream, 397 8 feet West of a highway monument standing beside Herrick Run, at the west side of a new road leading to French Creek. The existence of an original milestone is unknown. 5 Sept., 1884. A highway monument set with its top flush with the surface of the ground in the wagon track of the State Line Road, stands in the meridian of Astronomical Station Clark, 69 32 feet North from the center of the Station, and about 984 feet East of Milestone 224. The latitude of this monument as deduced from the observations at this Station in 1877 is 42° 00' 01". 47. 6 Sept., 1884. Milestone 224 is a highway monument standing at the north side of the wagon track of the State Line Road, upon the second sum- mit East of the valley of French Creek. The existence of an original monument is unknown. 9 Sept., 1884. *“40 Chain Post; Beech 16" d. N 45° E., 6 links; Cherry 24" d. N 41° W., 8 links.” [Sen. Doc. No. 71.] 33 258 [Senate The Corner of the Towns of Wayne and Amity in Erie County, Penn., is marked by a highway monument set with its top flush with the surface of the ground in the wagon track of the State Line Road, upon a steep westerly slope, 376 8 feet East of the monument at the South-west Corner of New York. 6 Sept., 1884. The last seven monuments are set in line between the 5£ M. P. monument and the monument at the South-west Corner of New York. The intersection of the Parallel and Meridian Boundaries at the South-west Corner of New York is marked by a small monument with diagonal grooves, set with its top flush with the surface of the ground, in the wagon track of the State Line Road, upon level ground, at the foot of a long westerly slope, East of the valley of French Creek ; about 4496 feet West of Milestone 224, and 825 feet East* of the probable position of original Milestone 225. It is 20 feet South of a highway monument standing in the north side of the State Line Road, and 98 6 feet South of the south side of the base of the Large Terminal Monument standing in the Meridian Boundary. Replaces a stake which was set to replace the original monument, which was broken down. The latitude of the “ Corner” monument as deduced from the observations at Station Clark is 41° 00' OF '.42. 6 Sept., 1884. MERIDIAN BOUNDARY. The Monuments upon this Boundary are similar in all respects to those upon the Parallel Boundary. They are marked. East side, “N. Y.”; west side “PA.” None of the Fourth and Fifth classes were set. The Milestones which are not highway monuments, with one ex- ception, are marked with the number on the north face. Chautauqua County, N. Y. A small monument stands upon the bluff overlooking Lake Erie, 40 feet South of the site of the original Initial Monument of 1790; 550 feet North of a highway monument standing upon the north side of the Lake road, and about 40 feet South of the edge of the bluff. 24 Sept., 1884. A large monument of Quincy Granite was set in 1869, 440 feet south of the original Initial Monument of 1790. It was re-adjusted in alignment 26 June, 1885. It is 150 feet north of a highway monu- ment standing upon the north side of the Lake road. The Latitude and Longitude of this monument deduced from the memoranda of the United States Lake Survey, corrected from the tables contained ! * This distance is taken from the resurvey of the Line, along the interference of the Pennsylvania Donation Lands, by Deputy Surveyor John Cochran in 1802, in which he gives the distance from the 225 mile Tree to the “Corner” as 50 perches. No milestone was ever known at this point. (See page 120.) No. 71.] 259 in the Final Report of that survey, are — Latitude 42° 16' 05".39. Longitude 79° 45' 45 / '.26. Milestone 1 is a small monument standing in a thicket of saplings and bushes in a somewhat swampy piece of woods, 849® feet North of a highway monument standing at the North end of the road lead- ing north from North ville upon the State Line. 24 Sept., 1884. Milestone 2 is a small monument standing in an open cultivated field, 443 8 feet south of a small monument standing between the tracks of the Lake Shore and Michigan Southern Railway. 24 Sept., 1884. A Small Monument was set upon each bank of the canyon of Twenty-mile Creek. 25 Sept., 18b4. The last six monuments stand in line between the original Initial Monument and Milestone 3. The true bearing of this line is North 0° 00' 08" West. Milestone 3 is a small monument standing in level wet ground in the bottom of a broad shallow ravine in cultivated land, about 1000 feet south of the canyon of Twenty-mile Creek. It replaces the original milestone, which was reset at the south side of the new monument. 25 Sept., 1884. A small plain monument stands upon the left bank of the deep gorge south of Milestone 3, in open woods, about 30 feet from the edge of the bluff. 1938 feet north of Milestone 4. 30 July, 1885. Milestone 4 is a small monument standing upon a steep north- westerly slope at the west side of cleared land, and in a narrow open- ing between two pieces of woods on the east side of the Line. It is midway between Milestones 3 and 5, 56 75 feet north of a stone marking a New York farm corner. 30 July, 1885. Milestone 5 is a small monument standing at the point at which the remnant of the original 5 Mile Post was found in 1878, in cleared and cultivated land. It is about 1200 feet South of a highway monu- ment standing upon the north side of road. 30 July, 1885.' Milestone 6 is a highway monument standing upon level cleared land, west side of the State Line road, and 43 1 7 feet South of a highway monument standing at the North-west Corner of Section 84 of the Town of Ripley. New York. The latter monument replaces a large boulder which for over 50 years has marked the section cor- ner. The new milestone replaces the original milestone. 31 July, 1885. Milestone 7 is a highway monument standing upon the west side of the State Line Road, upon a south-westerly slope, in cultivated land, opposite the center of a private road leading East to Charles Stetson’s house, and 1858 feet North of a highway monument stand- ing at the South-west corner of Section 64 of the Town of Mina, New York. The original milestone had been broken down and lost. 30 July, 1885. Milestone 8 is a highway, monument standing in cultivated ground 260 [Senate on the west side of the State Line road, 645* feet South of the North-east corner of the Town of Greenfield, Erie Co., Penn., 635 2 feet North of a large boulder which marks the North- west corner of Section 02 of the Town of Mina, N. Y., and 950 7 feet North of a highway monument standing at the intersec- tion of the State Line road and the Stage road from North-East to Findley’s Lake. The boulder referred to has been recognized for it was July, Milestone 9 is a highway monument standing in the East line of the State Line road, in level cleared land, at the north-easterly edge of a low bluff, 54 feet south of the probable site of the original 9 Mile Post, which is m low wet ground. The monument is about 160 feet south of Black Brook, a branchsof French Creek. 29 July, 1S85. Milestone 10 is a small monument standing upon a terrace in the steep south-westerly side of a deep ravine. The monument point and probable position of the original milestone (one-third of the dis- tance from Milestone 6 to IS) was in the bed of the brook, close to the exposed base of the caving bluff, and the monument was there- fore set 50 feet far t her south. It is 48 7 8 feet South of a large hem- lock marked “N XIII” which is supposed to indicate the south- east corner of Warrant No. 13 m the town of Greenfield, Penn. ; and about 2000 feet North of a highway monument standing on the north side of the road leading w r est from Findley’s Lake Post-office. 28 July, 1885. Milestone 11 is a small monument in level meadow land, west of a Sugar-bush, t 5 j distance from Milestone 6 to 18, and 781 feet North of a highway monument standing at the north end of a short piece of road which follows the State Line south from the north- west corner of Section 50 of the Town of Mina, N. Y. 25 July, 1885. Milestone 12 is a small monument, and replaces a stone which was set a long time ago to mark the site of the original 12 Mile Post. It is in cultivated land upon a narrow knoll, north of a shal- low ravine, and 208 5 feet North of a highway monument standing upon the north side of a road. 21 July, 1885. Milestone 13 is a small monument upon the brink of the south- easterly bank of a narrow ravine, west side of a thick growth of saplings, and about 1940 feet South of a highway monument north side of a road at or near the corner of the Towns of Greenfield and Venango, Erie Co., Penn., and Mina and French Creek, Chautauqua Co., N. Y. The number of this milestone is cut upon its south face. Its location is distance from Milestone 12 to 18. The original milestone was not found. 24 July, 1885. Milestone 14 is a small monument standing upon level ground in thick open woods, 20 feet North, and 20 feet East of the channel of years, and is marked on top with a -f- and “ N W LXI1 ; reset in line opposite its original position the same day. 29 1885. No. 71.] 261 a brook which flows north-westerly. The monument point, § distance Milestone 6 to 18, was found to be in the channel of the brook, and the monument was therefore set 20 feet farther north. The original milestone was not found. 27 July, 1885. This milestone and all the monuments between it and Milestone 3 are set in a straight line drawn from Milestone 3 through the original 6, 9 and 12 mile points. At 14 occurs a deflection to the west of about 4k The monuments south of this point being set in a line between Milestone 14 and the u Corner” Monument. A small Monument, marked on the south face jf p ”, is set oppo- site the Holland Land Company’s 4|- mile point, which was fixed by measurement from the original witness trees, which are still vigorous. (See XIX, Appendix H.) Upon level ground in thick open woods west of a partial slashing, 742® feet South of Milestone 14. 27 July, 1885. Milestone 15 is a small monument upon level ground in the bot- tom of a deep ravine in thick open woods, about 6 feet from the foot of the south bluff, and 20 feet South of the channel of a brook flowing westerly. The monument point, J- distance from Milestone 6 to 18, being in the brook : the milestone was set 20 feet further south. The original milestone was not found. 27 July, 1885. A small monument, marked on the south side “ M 3i P ”, is set opposite the Holland Land Company’s 3J mile point, which was fixed by meas- urement from the original witness trees, which are still in good con- dition ; 744 £ feet south of Milestone 15, in open woods upon ground sloping slightly toward the South-west. 27 July, 1885. A small monument, marked u M V’j is set opposite the Holland Land Company’s 3 mile point, which was fixed in 1878, by measure- ment from the remains of one of the original witness trees. It is at the East edge of a meadow, a short distance south of a deep ravine, and 245 6 feet north of a highway monument standing upon the south side of a road. 21 July, 1885. Milestone 16 is a small monument upon a narrow terrace, near the bottom of the North-easterly bank of a narrow ravine, about 9 feet east of a large boulder lying upon the east bank of brook which flows south-easterly, in the midst of an extensive windfall. The monument point, | distance from Milestone 6 to 18, was upon the steep unstable southerly bank of the ravine, and the monument was therefore set 40 feet farther North, and 1574 feet South of the high- way monument mentioned in the preceding paragraph. 22 July, 1885. A small monument, marked on the south side “ M 2 P ”, is set opposite the Holland Land Company’s 2 mile point, which was fixed by measurement from the original witness trees, both dead. It is upon the steep south-westerly side of a short, narrow ravine crossing the line toward the South-east ; in thick open woods, 1794 feet north of Milestone 17. 21 July, 1885. Milestone 17 is a small monument in the south edge of thick woods, distance from Milestone 6 tc^ 18, 135 feet south of the 262 [Senate summit of the ridge, and about 50 feet north of the top of a steep bluff, north side of the valley of the east branch of French Creek, and about 1300 feet north of the creek. 21 July, 1885. Milestone 18 is a small monument T 6 ¥ 6 7 mile North of the South- west Corner of New York, in the east edge of a clearing, upon level ground just north of thick open woods. The original monument was not found. 21 July, 1885. A large monument similar to that set upon the right bank of the Delaware River, marked “100 feet north of the S. W. Corner of New York,” is set in the meridian of the “ Corner” monument, which is 98 8 feet south from the South side of its base. 8 Sept., 1884. CERTIFICATE. I hereby certify that the preceding schedule, entitled “ Appendix B,” contains accurate descriptions of all the Milestones, and seventy- six other granite monuments erected by me upon and adjacent to the Boundary line between the States of New York and Pennsyl- vania, under the direction of the Joint Boundary Commission, in the years 1881, 1882, 1883, 1884, and 1885, together with the locations of the same, the manner in which they were set, and the dates of erection, all of which are described and contained in the official “ Record of Monuments,” which is deposited in the Office of the Secretary of State of New York, and the Office of the Secretary of Internal Affairs of Pennsylvania. And I further certify that in addition to the monuments described in the preceding schedule, there were erected by me, under the same direction, and in the same years aforesaid, other granite monuments, as follows, to-wit: — Two hundred and twenty-five highway monu- ments, standing at or upon the sides of public roads; twenty-seven monuments set at the intersections of rail-roads ; thirteen monuments set to mark the Astronomical .Stations of the United States Coast and Geodetic Survey adjacent to said Boundary line, occupied in the years 187T and 1879, descriptions of which may be found in Ap- pendix D hereto attached; and three other monuments ; the locations of which, the manner in which they were set, and the dates of their erection, are given in detail in the official “ Record of Monuments ” aforesaid. And I further certify that the total number of new granite monu- ments thus set by me upon said Boundary is five hundred andi eighty- six, including in said number the monument erected near the shore of Lake Erie in 1869, which was reset. H. W. CLARKE, Civil Engineer , Surveyor on the part of New York, and Engineer in charge of Field work . Syracuse, N. Y., 1 Dec., 1885. No. 71.] 263 APPENDIX C. Table of Angular Deflections at each Milestone in the New York and Pennsylvania Boundary. The angle given in the last column being the deflection of the Line connecting the given milestone with the next angle west, to the North (-{-) or South ( — ) from the line connecting it with the preceding angle. The table is arranged by Counties in New York. The distances given in the Second Column are those from point to point; those in the third column are the consecutive distances from the eastern limit of the County. By reference to Appendix E, the limit of each County in Penn- sylvania may readily be fixed. Delaware County. Station Travis, 1425 feet East of center of Delaware River. Broome County. MILESTONES, Etc. Distance. Distance West from center of Delaware River Deflection Angle. l New Initial Monument 600 600 " -i i Milestone 1 4826 5426 ! Curve 2 5229 10655 3 (old) 5271 1386 15926 >■ ; slightly north. 3 (new) 17312 1 4 3810 21122 J ! 5 5359 26481 — 0° 05' 6 5299 31780 37131 _p 0 16 7 5351 — 0 09 8 5383 42514 none. 9 5383 47897 -j- slight + 0° 09' — 0 04 10 5383 53;! 80 11 5343 58623 12 5150 63773 none. East River Monu'ment 3670 472 67443 ] i jog to couth West do do 67915 < 1 across River. — 0° 04' Milestone 13 1698 69613 none. 14 5505 75118 none. 15 5495 80613 — 0° 11' 16 5391 86004 + 0 09 — 0 12 17 5436 91440 264 [Senate Broome County — Continued. MILESTONES, Etc. Distance. Distance West from center of Delaware River Deflection Angle. Milestone 18 5436 96876 none. 19 5436 102312 none. 20 5367 107679 none. Station Finn 794 108473 none. 201 1150 109623 none. First Latitude Stone l 3 109624 3 -f- 0° 30' 21 3392 1 113017 + 0 30 22 5341 118358 none. 23 5300 123658 + 0° 12' 24 5359 129017 none. 25 5358 134375 none. 26 5359 139734 — 0°18' 27 5360 145094 none. 28 5299 150393 — 0° 13' 29 5307 155709 none. 30 . .. 5307 161007 none. 31 5307 166314 © 0 o 1 32 5307 171621 none. 33 5307 176928 — 0° 08' 34 5540 382268 none. 35 5320 187588 — 0° 15' 36 5330 192918 none. 37 5312 198230 none. County Corner 4501 202731 none. Tioga County. MILESTONES, Etc. Distance. Distance from S. W. Cor. of Broome Co. Deflection Angle. Milestone 38 812 812 none. do 39 5312 6124 + 0° 13' none. ( do 394 2658 8782 i Station Tattle Meadows.. Milestone 40 2658 11440 + 0°11' — 0 16 do 41 5361 16801 do 42 5313 22114 none. do 43 5461 27575 + 0 12' + 0 04 + 0 16 — 0 14 do 44 5392 32967 do 45 5392 38359 do 46 5388 43747 do 47 5388 49135 + 0 09 + 0 12 + 0 06 — 0 04 do 48 5401 54536 do 49 5376 59912 <*Q do 50 5359 65271 5 1 5408 70679 + 0 01 No. 71.] 265 Tioga County — Continued. MILESTONES, Etc. Distance. Distance from S. W. Cor. of Broome Co. Deflection Angle. Milestone 52 5381 76060 + 0 07' do 53 5372 81432 — 0 12 do 54 5440 86872 -fO 29 do 55- 5417 92289 4-0 21 do 56 5352 97641 none. do 57 5352 102993 4- 0° 08' do 58 5394 108387 4-0 03 do 59 5187 113574 — 0 08 Station Waverly 4419 117993 none. Milestone 60. .. 861 118854 +, slight. do 60# 3995 122849 none. Spanish Hills Monument 15 122864 — 0° 44' Milestone 60-§ 596 123460 none. Left bank Chemung River 25 ± 123485 Chemung County. MILESTONES, Etc. Distance. Distance West from left bank Chemung River Deflection Angle. Milestone 61 fnewl 565 565 none. do 61 (old) 132 697 4-0° 28' 4-0 14 none. do 62 5287 5984 do 63 5316 11300 do 64 5287 16587 none. do 65 5298 21885 -f slight. 4-0° 17' — 0 31 do 66 5178 27063 do 6? 5291 32354 do 68 5122 37476 42765 -j- 0 02 i 4-0 13 none. do 69 5289 Station Rnrt 4022 46787 Milestone 70 1258 48045 none. do 71 5154 53199 — 0° 17' do 72 5305 58504 — 0 C4 do 73 5248 63752 — 0 09 do 74 5285 69037 4-0 12 — 0 25 do 75 (old) 5316 74353 do 75 (new) 33 74386 none. do 76 5271 79657 none. do 77 5304 84961 none. do 78 5304 90265 — 0° 20' do 79 5179 95444 — 0 16 do 80 5206 100650 — 0 09 do 81 5308 105958 4-0 01 -f-O 15 do 82 5268 111226 [Sen. Doc. No. 71.] 34 266 [Senate Steuben County. MILESTONES, Etc. Distance. Distance West from Milestone 82. Deflection Angle. Milestone 83 5338 5338 none. do 84 5338 10676 none. do 85 5337 16013 none. do 86 5337 21350 + 0 03' none. do 87 5280 26630 do 88 ; 5320 31950 — 0° 03' do 89 5330 37280 + 0 50 — 0 30 A Titular Point * 3551 40831 Milestone do 90 1809 42640 none. 91 5287 47927 + 0 07' 4-0 36 — 0 22 do 92 5324 53251 do 93 5272 58523 do 94 5331 63854 none. do 95 5280 69134 4-0 04' + 0 28 — 0 16 do 96 5349 74483 do 97 5281 79764 do 98 5231 84995 none. do 99 5231 90226 4-0° 11' none. do 100 5270 95496 do 101 5270 100766 4- 0 05' none. do 102 5322 106088 do 103 5322 111410 4-0° 07' — 0 22 do 104 5303 116713 do 105 5325 122038 4-0 li — 0 08 do 106 5275 5285 127313 do 107 132598 none. do 108 5281 137879 — 0°11' do 109 5495 143374 none. An collar Point 2380 145754 — 0° 05' Station Austinburg 782 146536 none. Mil Aston ft 110 ... 2126 148662 — 0° 24' do Ill 5320 153982 none. do 112 5321 159303 4 - 0 ° 06' — 0 02 do do do 113 5330 164633 114 5334 169967 4-0 07 4-0 20 4-0 03 — 0 59 115 5310 175277 do do do 116 5320 180597 117 5339 185936 118 5293 191229 none. do do do 119. 5378 196607 — 0 05' 120 5350 201957 + 0 44 121 5356 207313 — 0 07 do Corner of 122 5361 212674 4-0 04 none. Allegany Co 699® 213373® No. n.] 267 Allegany County. MILESTONES, Etc. Distance. Distance West from Steuben County. Deflection Angle. Milestone 123 4653 4653 none. do 124 5352 10005 — 0° 14' do 125 5347 15352 none. do 126 5350 20702 + 0 34' — 0 10 do 127 5350 26052 do 128 5338 31390 — 0 02 Station (renesee Valiev. 4202 35592 none. Milestone 129 *1 1105 36697 + 0° 12' -j-0 25 -j- 0 05 + 0 20 none. do 130 5332 42029 do 131 5296 47325 do 132 5296 52621 do 133 5284 57905 do 134 5289 63194 + 0 16' + 0 31 — >0 15 do 135 5332 68526 do 136 5302 73828 ' do Milestone 136f. 6th Latitude Stone.. 137 3288 1899 77116. 79015 + 0 53 + 0 15 + 0 04 none. + 0° 32' — 1 06 do 138 5244 84259 Holland Land Company’s Corner Stone Milestone 189 3958 1149 88217 89366 do 140 5286 94652 do 141 5304 99956 — 0 49 do 142 5321 105277 none. do 143 5285 110562 none. do 144 5303 115865 — 1° 26' do 145 5313 121178 + 1 33 none. do 146 5281 126459 do 147 5281 131740 none. Section Corner 4350 136090 none. Milestone 148 932 137022 — 0° 20' none. Station Ceres 5200 142222 Milestone 149 108 142330 + 0° 40' + 0 34 none. do 150 5310 147640 Corner of Cattaranoms Co 4267 151907 Cattaraugus County. MILESTONES, Etc. Distance. Distance West from S. W. cor- ner of Alle- gany County. Deflection Angle. Milestone 151 1043 1043 — 0°01' do 152 5389 6432 + 0 23 do 153 5018 11450 — 0 37 268 [Senate Cattakaugus County — ( Continued ). MILESTONES, Etc. Distance. Distance West from S. W cor- ner of Alle- gany County. Deflection Angle. Milestone 154 5475 16925 -j- slight do 155 5319 22244 + 0° 09' do 156 5244 27488 + 0 05 do 157 5236 32724 — 0 23 do 158 5271 37995 none. do 159 5271 43266 none. do 160 5216 48482 -f 0° 35' do 161 5240 53722 — 0 40 do 162 5174 58896 — 0 12 do 163 5310 64206 + 0 12 do 164 5263 69469 + 0 23 do 165 5203 74672 + 0 16 do 166 5258 79930 none. do 167 5259 85189 none. do 167* 5266 857156 none. Seventh Latitude Stone 1* 85717 — 1° 41' Station Tuna Valley 1 85718 none. Milestone 168 4756 90474 — slight. do 169 5305 95779 none. do 170 5306 101085 none. Transit Meridian Monument 4483 105568 none. Milestone 171 548 106116 -f 0° 58' do 172 5461 111577 + 0 04 Willink Corner 1539 113116 none. Milestone 173 3933 117049 — 0°12' do 174 5501 122550 + 0 09 do 175 5453 128003 + 0 21 do 176 5357 133360 + 0 02 do 177 5265 138625 — 0 21 do 178 5265 143890 — 0 13 do 179 5300 149190 + 0 30 do 180 5407 154597 + 0 40 do 181 5513 160110 + 0 44 do 182 5448 165558 — 0 01 do 183 5398 170956 — 0 09 do 184. Station Corydon 5349 176305 none. Milestone 185 5232 181537 — 0°25' do 186 5467 187004 none. do 187 5353 192357 none. do 188 5354 197711 + 0° 07' do 189 5475 203186 -0 26 Corner of Chautauqua Co 1380 204566 tione. Chautauqua County. MILESTONES, Etc. Distance. Distance West from S. W cor- ner of Catta- raugus County. Deflection Angle. Milestone 190 4095 4095 none. do 191 5370 9405 — 0° 13' uo 192 5371 14836 — 0 19 do 5600 20436 none. do 194 5965 26401 + 0° 27' do 195 5382 31783 none. do 1954 658 1 32441 1 none. Eighth Latitude Stone . . . l 9 32443 — 0 C 59' Milestone 196... 4620 37003 none. do 197.. 5305 42368 none. do 198 5336 47704 none. do 199 5337 53041 + 0° 58' do 200 5389 58430 — 0 11 do 201 5314 63744 none. do 202 5299 69043 none. do 203 5299 74342 i o 0 O Station Sugar Grove 2076 76418 none. Milestone 204 3280 79698 -f 0° 06' do 205 5327 85025 — 0 03 do 206 5417 90442 none. do 207 5277 95719 -j- 0° 22' do 208 5343 101062 — 0 06 do 209 5310 106372 none. do 210 5311 111683 none. do 211 5318 117001 -f 0° 25' do 212 .... 5310 122311 + 0 04 do 213 5304 127615 none. do 214 5305 132920 none. do 215 5304 138224 + 0° 16' do 216 5305 143529 none. do 217 5304 148833 none. do 218 6305 154138 — 0° 10' do 219 5304 159442 — 0 06 do 220 5329 164771 none. do 221 5323 170094 none. do 222 5321 175415 none. do 223 5321 180736 none. Station Clark 4337 185073 none. Milestone 224 984 186057 none. “ Corner” 4496 190553 Angle at “ Corner” between Parallel and Meridian, 89° 52' (from the East). 270 [Senate Meridian Boundary. Chautauqua County . MILESTONES, Etc. [Distance. Disfce S. from Original Initial Monum’nt 1790. Deflection Angle (West—.) Milestone 0 40 40 none. Initial Monument, 1869 400 440 none. Milestone 1 4828 5268 none. do 2 5268 10536 none. do 3 5268 15804 — slight do 4- 5241 21045 none. do 5 5241 26286 none. do 6 5279 31565 none. do 7 5283 2 36848 none. do 8 5283 2 42131 none. do 9 5323 2 47455 none. do 10 5293 2 52748 none. do 11 5233 2 57981 none. do 12, 5283 2 63264 none. do 13 5283 2 68547 none. do 14 5243 2 73791 none. 14 Mile Point 20 73811 ~0°04'+ Milestone 15 5323 2 79134 none. do 16 5223 2 84357 none. do 17 5323 2 89680 none. do 18 5283 2 94963 none. Large Terminal Monument. 3385 98348 none. “ Corner” 100 98448 Total chain correction -j- 85 No. 71.] 271 APPENDIX D. Astronomical Stations occupied by the party from the United States Coast and Geodetic Survey Office in 1877 and 1879. At all .the Stations, the Observer was Assistant Edwin Smith, IT. S. C. & G. S. In 1877 he was assisted by Sub-Assistant J. B. Baylor as Recorder, and in 1879 by Sub-Assistant F. H. ParsoDS. No. 1 . Station Travis. This Station was occupied in July, 1877. At that time, the land was owned by Squire Travis; now, by John Hills. The Station is situated in the Town of Hancock, Delaware County, New York, upon a knoll, 50 feet north of a highway, about 2 miles below (East of) the village of Hale’s Eddy, and about 200 feet north-easterly, at right angles, from the New York, Lake Erie, and Western Kail Road, above the flats on the north-easterly side of the Delaware River. A brick pier was built at the eastern extremity of - a random line run east (S. 83° 20 E. magnetic) with the Compass from Milestone 5, in June, 1877. The pier was removed 12 April, 1884, and a granite monument, (fifth class — see Appendix B), was buried upon its site at a depth of 2 5 feet below the surface of the ground. The cap-stone of the Pier was bedded upon the surface over the monu- ment.* The center of the Station is 462 97 feet South 39° 36' East (true) from the most southerly corner of the foundation of the main part of John Hills house. Upon a rock above high-water mark on the right bank of the River, in the Meridian of the Station, a mark was cut in 1S77. A granite monument (fourth class) was set 12 April, 1884, upon the north side of the higlrway, in the meridian of the Station at its intersection with the eastward prolongation of the Parallel Boundary, 81 6 feet South of the Station. This monu- ment is 1425 5 feet East of the intersection of the Boundary with the center of the Delaware River ; 20 25 5 feet East of the large Initial Monument standing upon the right bank of the River; and 6851 feet East of Milestone 1. The following are the final results from the Astronomical Obser- vations at the Station. Latitude 42° 00' 02".66± 0".14 North. Longitude (Time) 5 h 01 m 25 s . 5. do (Arc) 75° 2P 22 '.5 West from Greenwich. The direction of the Boundary west from the meridian of this Station is South 89° 48' 4- West (true). *Upon 7 August, 1885, the cap-stone was found to have been removed, and the filling over the monument partly dug out, by parties unknown. 272 f S enate No. 2. Station Finn. This Station was occupied in August aud September, 1877. It is situated upon the land of James Finn, upon the River flats, in the Town of Kirkwood, Broome County, New York, about two miles north-west of the Borough of Great Bend, Susquehanna County, Penn. A brick pier, capped with a marble slab, was built in the north-west corner of Mr. Finn’s garden near the east side of the Iiiver Road. The Pier was removed 10 April, 1884, and a Station Monument buried in its place. The upper part of the pier was re- placed upon the surface above the monument, and a granite monu- ment (third class) was set in the meridian near the South side of a stone wall, 650’ feet north. The center of the Station is 97 6 feet North 43° 14' West (true) from the westerly corner of the founda- tion of Mr. Finn’s dwelling; it is 256 s feet North and 142 3 feet west from a granite highway monument standing upon the easterly side of the River Road 654 4 feet West of Milestone 20 and 257® feet East of a railroad monument between the tracks of the New York, Lake Erie, and Western Railroad ; and it is 271 8 feet North, and 1 14 L feet East, of the old First Latitude Stone at 20f miles. The following are the final results from the Astronomical Observa- tions at this Station : — Latitude 41° 59' 59 ,, .38±0".ll North. Longitude (Time) 5 h 03 m 02 s . 09, do (Arc) 75° 45' 3L '. 35 West from Greenwich. The direction of the Boundary opposite this Station is South 89° 22' West (true). No. 3. Station Little Meadows. This Station was occupied in September, 1879. It is situated upon the land of Preserved Hinds in the Town of Owego, Tioga County, New York, about a half mile north of the Post-office of Little Meadows, Penn. Upon a low bluff about 75 feet east of the channel of Jones Creek, and 458® feet East of a granite highway monument standing upon the easterly side of the Stage road from Little Meadows to Apalachin, N. Y. The pier, which was a section of a hemlock log, was removed 18 April, 1884, and a Station monu- ment buried in its place. The center of the Station is 2 41 feet north of Milestone 39j-, which stands in the meridian of the Station midway between Milestones 39 and 40. A granite monument (third class) was set, 12 Sept., 1883 in the meridian of the Station 1760 ± feet North. The center of the Station is 570 31 feet North 38° 39J' West (true), from the south-west corner of the foundation of the main part of Mr. Hinds’ house ; and 2” feet north of Milestone 10. The following is the final result from the Astronomical observa- tions at this Station, No. 71.] 273 Latitude 41° 59' 59".95±0."12 North. No observations were taken for Longitude. The direction of the Boundary at this Station is North 89° 59 J' West (true). No. 4. Station Waverly. This Station was occupied in August, 1879. It is situated in the village of Waverly, Tioga County, New York, 115 feet East of Penn- sylvania Avenue and about 9J- feet North of the Boundary, upon land owned bv John H. Murray. The pier, which was of brick, had been removed, but the center of the Station was found by reference to Milestone 60 and a village monument in the east line of Pennsyl- vania Avenue, by means of notes taken in October, 1879, and a Station monument was buried upon its site 19 April, 1884. The center of the Station is 70 83 feet, North 48° 39' East (true) from the north-westerly corner of Mr. Murray’s dwelling ; it is 146 feet East and 7 35 feet North of a granite highway monument on the west side of Pennsylvania Avenue ; and 860 8 feet East and l 95 feet South of Milestone 60. The following is the final result from the Astronomical observa- tions at this Station: — Latitude 42° 00' 00". 69 + 0".ll North. No observations were taken for Longitude. The direction of the Boundary opposite this Station is North 89° 15' West (true). No. 5. Station Burt. This Station was occupied in August, 1877. It is situated upon the flats about 800 feet East of Bentley Creek, in the town of Ridgebury, Bradford County, Penn., upon the land of David A. Burt, about 35 feet west of the Creek Road, about one mile South of the village of Wellsburg, Chemung County, New York. The brick pier was removed 2L April, 1884, and a Station monument buried upon its site. The upper part of the pier was replaced upon the surface above the monument, and a granite monument (third class) was set in the meridian of the Station 1779 feet South. The center of the Station is 10 1 feet east of the North-east corner of Mr. Burt’s blacksmith shop; 59 7 feet, North 45° 16' West (true) from an elm tree 36" diameter, standing at the west side of the road ; and 4411 feet south and 40 2 feet East of a granite highway monu- ment standing in the Boundary at the east side of the road, 4062 feet west of Milestone 69. The following are the final results from the Astronomical obser- vations at this Station: — Latitude 42° 00' 03"59 ± 0".12 North. Longitude (Time) 5 h 06 m 54®. 61. do (Arc) 76° 43' 39". 15 West from Greenwich. [Sen. Doc. No. 71.] 35 274 [Senate The direction of the Boundary opposite this Station is North 89° 18' West (true). No. 6 . Station Lawrenceville. This Station was occupied in September 1879. It is situated upon the flats between the Tioga and Cowanesqua Rivers, in the Town of Bindley, Steuben County, New York, just north of the village of Lawrenceville, Tioga County, Pennsylvania, upon the land of Joel Parkhurst, deceased. The pier, which was a section of a hemlock log, was removed and a Station monument was buried in its place 22 April, 1884. The center of the Station is 8 45 feet north and 2 18 feet west of new Mile- stone 90, which was set in 1883 at the east side of the original mile- stone, and is about 1200 feet East of Main Street. The following is the final result from the Astronomical observa- tions at this Station : — Latitude 42° 00' 01M2 ± 0".14 North. No observations were taken for Longitude at this Station. No. 7. Station Austinbttrg. This Station was occupied in September 1879. It is situated upon the flats, 165 feet north-west of Hilltown Creek and 800 feet west of Troup’s Creek upon the land of H. B. Murdock, in the Town of Brookfield, Tioga County Penn., at the south-west side of the stage road about three-fourths of a mile north-west of Austinburg Post- office. The pier, which was a section of a whitewood log, was removed 23 April, 1884, and a Station monument buried in its place. The center of the Station is 3.2 feet south and 12 6 feet west from a granite highway monument standing in the south-west side of the stage road, 2138 feet East of Milestone 110. The following is the final result from the Astronomical observa- tions at this Station : — Latitude 42° 00' 01". 35 ± 0".ll North. No observations were taken for Longitude at this Station. No. 8. Station Genesee Yallet. This Station was occupied in September 1879. It is situated upon a high bluff on the west side of the valley of Genesee River, above the river flats, upon the land of William Cobb in the Town of Willing, Allegany County, New York, about 30 feet west of the stage road, about If miles South-east of the village of Shongo, and about a half-mile west of the Genesee River. The pier, which was a section of a hemlock log, was removed 26 April, 1884, and a Station monument buried in its place. The center of the Station is 53® feet North and 74 4 feet West 275 No. 71.] of a granite highway monument standing in the south-westerly side of the stage road 1180 3 feet East of Milestone 129. The following is the final result from the Astronomical observa- tions at this Station : — Latitude 41° 59' 58".29 ± 0".13 North. No observations were taken for Longitude at this Station. No. 9. Station Ceres. This Station was occupied in September, 1879. It is situated upon the land of Campfield upon the Oswayo Flats, in the Town of Genesee, Allegany County, New York, north of Main Street, near the south-east corner of the School-house lot, opposite the Cemetery and about 1050 feet West of the Post-office in the village of Ceres. The pier, which was a section of a hemlock log, was removed 2 Mav, 1^84, and a Station monument buried in its place. The center of the Station is 56 57 feet North and 106 9 feet East from Milestone 149 which is a highway monument standing in the south line of Main Street; it is also 125 a feet South 42° 43' East (magnetic, 1884) from the south-east corner of the school-house. The following is the final result from the Astronomical observa- tions at this Station : — Latitude 41° 59' 59".21± 0".13 North. No observations were taken for Longitude at this Station. No. 10. Station Tuna Yalley. This Station was occupied in September and October, 1S79. It is situated on the Tuna Flats upon the land of William Beardsley in the Town of Carrolton, Cattaraugus County, New York, about 250 feet west of Tunaunguant Creek, about l 5 miles South of the village of Limestone, New York. The pier, which was a section of a hemlock log, was removed 25 June, 1884, and a Station monument buried in its place. The cen- ter of the Station is 8 6a feet north and 0 98 foot west from Milestone 1 67 7 V> which stands at the east side of the old Seventh Latitude Stone, about 40 feet North of Iron tank No. 637, United Pipe Lines. The following is the final result from the Astronomical observa- tions at this Station: — Latitude 42° 00 '04".18± 0".12 North. No observations were made for Longitude at this Station. The direction of the Boundary East of this Station is South 89° 40' East (true) ; and west , South 87° 39' West (true). No. 11. Station Corydon. This Station was occupied in October, 1879. It is situated in the Town of South Yalley, Cattaraugus County, upon land belonging to the Allegany Indian Reservation, but occupied by P and D 276 [Senate Root, who own the adjoining farm in Pennsylvania, about one mile north of the village of Corydon and about 775 feet East of the Allegany River, on the River flats. The pier, which was a section of an oak log, was removed 16 July, 1881, and a Station monument buried in its place. The center of the Station is 4 47 feet north and 0 61 foot west from the center of Milestone 184. The following is the final result from the Astronomical observa- tions at this Station : — Latitude 41° 59' 59". 54 ± 0".ll North. No observations were taken for Longitude at this Station. The direction oc the Boundary at this point is North 89° 08' West (true). No. 12. Station Sugar Grove. This Station was occupied in October 1879. It is situated upon high ground in the town of Sugar Grove, Warren County, Penn., east side of a highway one mile north of the village of Sugar Grove upon the land of James Woodside. The pier, which was a section of a white ash log, was removed, and a Station monument buried in its place 21 August, 1884. The center of the Station is 2?> 76 feet South and 7 06 feet East from a granite highway mouument standing in the east side of the highway 2083 feet west of Milestone 203. This milestone is 31 95 feet north of the Station. The following is the final result from the Astronomical observa- tions at this Station : — Latitude 41° 59' 58".34± 0".12 North. No observations were taken for Longitude at this Station. The direction of the Boundary opposite this Station is South 89° 46' West (true). No. 13. Station Clark. This Station was occupied in July, 1877. It is situated upon high land in the town of Wayne, Erie County, Penn., upon the land of L. D. Clark, near the northwest corner of his door-yard. The pier, which was of brick, was removed and a Station monu- ment buried in its place, 6 September, 1884. The cap-stone of the pier was embedded in the surface of the ground over the monument. The center of the Station is 69 32 feet South of a highway monument set in the wagon track of the State Line Road, with its top flush with the surface, at the intersection of the meridian of the Station with the Boundary, 984 feet East of Milestone 224 and 5480 feet east of the monument at the south-west Corner of New York. The center of the Station is 64 feet South of the “ Corner” monument. A hole drilled in a boulder buried at the east side of a farm road, on the summit of the ridge 1128 8 feet South, is in the meridian of the Station. No. 71.] 277 The following is the final result from the Astronomical observa-- tions at this Station : — Latitude 42° 00' 00".79± 0".09 North. No observations were taken for Longitude at this Station. The Latitude of the “ Corner,” as deduced from the results at this Station, is 42° 00' 01". 42. The direction of the Boundary opposite this Station is South 89° 57' West (true). Station Warren, 395, N. Y. S. S. Station Warren, a Primary Station of the New York State Sur- vey, is situated upon a high hill upon the land of F. M. Fox, in the Town of Warren, Bradford County, Penn., about 3250 feet South of the Boundary, and 9534 feet South 69° 44' West (true) from Milestone 40, which marks the north-west corner of Susquehanna County. The following is the Geodetic position of this Station deduced from the Lake Survey System of triangles, and subject to correction upon the completion of the connection with the Coast System of the U. S. C. & G. Survey.* Latitude 41° 59' 22". 05 North. Longitude 76° 10' 44".43 West from Greenwich. The Geodetic positions- of four milestones of the Boundary as re- ferred to this Station are as follows, subject to the same correction : — Milestone 40 do 41 do 42 do 43 Latitude. 41° 59' 54". 68 54 .45 54 .01 53 .55 Longitude . 76° 08' 45". 94 09 56 .92 11 07 .22 12 19 .56 Elevation above tide- water. Feet. 1246 1470 1624 1408 Astronomical Latitude of Milestone 40 41° 59' 59". 93 Geodetic do do 41 59 54 .68 Difference 05". 25 Equivalent to 531 feet. Dr. Peters’ Station near the Initial Point of the Meridian Boundary. This Station was occupied by Dr. C. H. F. Peters in August and September, 1865. It was approximately located and connected with the Boundary in October, 1878, and also in 1885 * the site being in- *This correction, for Station Warren, estimated from the results given in Ap- pendix 9 of Coast Survey Report for 1884, just published, which affects equally the positions of the four milestones referred to the Station, is Latitude + 1". 42 Longitude — 0".39 This result in Latitude will reduce the difference between the Astronomical and Geodetic Latitudes of Milestone 40 to 3". 83 388 feet. 278 [Senate dicated by Mr. D. R. Taylor, upon whose land it was located, about 25 feet north of the front door of his dwelling. It is in the village of Northville- in the Town of Ripley, Chautauqua County, New York, about 200 feet nortli of State Line Station on the Lake Shore and Michigan Southern Railroad, about 1060 feet east of the Boundary and about a mile and three-fourths South of Lake Eric. Dr. Peters gives the results of his observations, and his method of connecting his Station with the Initial Monument on the bank of the Lake, in his report published in N. Y. Assembly Documents No. 101 in 1866, and No. 230 in 1867. ITis Astronomical results at his Station are as follows : — Latitude 42° 14/ 26". 0 ± 2.74. Longitude (corrected to Greenwich) ... 79 4:5 45.1. These, as transferred to the Initial monument on the bank of Lake Erie by him from his measurements, made the position of the mon- ument as follows : — Latitude 42° 16' 02".8, Longitude (corrected to Greenwich) 79 46 09 .2. But Dr. P. made a very material error in his measured distance north of his Station,* which when applied to the position of the latter would make the Latitude of the Initial monument 42° 15' 56". 8±. * Dr. Peters, in his Report heretofore alluded to, gives the distance of the Initial Monument north of his observing station 9795 feet, and Milestone 3, C471 feet south of it. The position of Dr. Peters' instrument stand was indicated to me in October, 1878, by Mr. D. R. Taylor, the gentleman who owned the place, and who occupied the house at the time the observations were made. This point was con- nected with the lines of the reconnaissance, and when the lake was reached, it was evident that there was a great discrepancy in the measurements. As the in- tervals between the known points south of Milestone 3 showed a uniformity in the length of the miles as marked, with but little variation from the normal length, and my total measured length of the entire Meridian Boundary cor- responding so closely with the figures upon the original map, I was satisfied that Dr. Peters was in error, from the fact that he had made the distance from 0 to 3 over-run so excessively. In June, 1835, in order to test the accuracy of the measurements of 1878 (which by-the-way, were made with a chain [66'] which had been in constant use for some time without testing, and consequently its error was not known) the ap- proximate site of Dr. Peters' station was carefully connected with the Boundary line as monumented, and the distance measured north to the lake with a light chain (100') which had been purposely tested and corrected. The resulting dis- tance corresponded closely with that of 1878. The actual chained distances are as follows: — Station North to Initial Monument (1790) 9187.2 feet. do South to M. S. 3 6631 “ Initial Monument to M. S. 3 15818.2 feet. The distance South to Milestone 3 was not remeasured. The difference between my distance north of the Station and that given by Dr. Peters, 607 8 feet, is equal to 6" of Latitude. There appeared to be no practical difference between the distances of the Sta- tion East of the Line. H. W. C. No. 71.] 279 The United States Lake Survey has located the position of the new monument set in 1869 by stadia measurements from the Geo- detic Stations of that Survey, and we have as a result four different latitudes for this one point. Latitude according to Ellicott 1790 42° 16' 13" do do Dr. Peters 42 16 02.8 do Dr. Peters (corrected) 42 15 56.8 do U. S. Lake Survey, 1882 (-}-440 ft.) 42 16 09 74 Difference between last two 12".94 The Lake Survey result for Longitude 1882 is 79° 45' 45". 26 Dr. Peters.. 79 46 09.2 Difference 23". 94 280 [Senate APPENDIX E. COUNTY AND TOWN CORNERS. Parallel Boundary. Seven Counties in New York adjoin the Parallel Boundary; these are, — Broome, Tioga, Chemung, Steuben, Allegany, Cattaraugus, and Chautauqua, containing in all 35 Towns; and eight Counties in Penn- sylvania: — Wayne, Susquehanna, Bradford, Tioga, Potter, McKean, Warren, and Erie, in which there are 41 Towns. The following schedule gives a description of the intersection of the lines between these Counties and Towns with the Boundary, and the manner in which they are marked. NEW YORK. Delaware River forms the Boundary between Delaware and Broome Counties, at the Initial Point. The Corner between the Towns of Sanford and Windsor, Broome County, is marked by a granite monument (fourth class — see Ap- pendix B) 440 feet East of Milestone 10, set 12 July, 1882, at tbe request of the Supervisors of the towns. The Corner of the Towns of Windsor and Kirkwood, Broome County is marked by a granite monument (fourth class) 2037 7 feet west of Milestone 19 set.15 April, 1884, at the request of the Super- visors of the Towns. The Susquehanna River forms the Boundary between the towns of Kirkwood and Conklin in Broome County. The Corner of the Towms of Conklin and Binghamton, in Broome County is marked by an old stake and stones 398 feet East of Mile- stone 20. The Corner between the Towns of Binghamton and Vestal in Broome County is at a point unmarked, between Milestones 30 and 31, 1434± feet west of the former. The Corner of the Counties of Broome and Tioga is marked by a granite monument (fourth class) 809 6 feet East of Milestone 38. Set 12 September, 1883. The Corner of the Towns of Owego and Nichols in Tioga County is at a point — indefinite — between Milestones 46 and 47. The statute description of the Town boundary is a line due South from the mouth of Owego Creek. A monument was provided for this Corner, but never set, as the Supervisors of the Towns failed to have the line run. No. 71.] 281 The Susquehanna River forms the boundary between the Towns of Nichols and Barton in Tioga County. The line between Tioga and Chemung Counties begins in the Boundary at low water mark on the left bank of the Chemung River near Milestone 60|, and follows up that bank to a certain sulphur spring. The Corner between the towns of Cliemnng and Ashland in Chemung County was fixed in 1S67 at the corner of the farms of John Fincher and Clark Howard. This Corner according to John Fincher’s Deed is 12.50 chains east of the South-east corner of Lot No. 3S, of Chemung Township, about 28.28 chains (I860 6 feet) West of Milestone G8. The point is not definitely marked. The Corner of the Towns of Ashland and Southport in Chemung County, is at the south-west corner of Lot 111 of Chemung Town- ship, about G1.50 chains (4059 feet) West of Milestone 72. The point is not definitely marked. There is supposed to be a “ Gore ” between Lot 111 and the east fine of James Watson’s Large Tract, the South-east Corner of which is not far from Milestone 73. Milestone 82 marks the Corner of the Counties of Chemung and Steuben. Milestone 88 marks the Corner of the Towns of Caton and Lindley in Steuben County. Milestone 94 marks the Corner of the Towns of Lindley and Tuscarora in Steuben County. Milestone 100 is at the Corner of the Towns of Tuscarora and Woodhull in Steuben County. The Corner of the Towns of Woodlnlll and Troupsburg in Steu- ben County is in the center of a new road lG^- feet west of a liigh- wav monument which stands 1030 feet west of Milestone 107. The Corner of the Towns of Troupsburg and West Union in Steuben County is marked by a granite monument (third class) 18S7 6 feet west of Milestone 11G. A granite monument (fourth class) 699 8 feet West of Milestone 122, marks the corner of Counties of Steuben and Allegany. The Corner of the Towns of Independence and Willing in Allegany County is at the South-west corner of Phelps & Gorham’s Purchase, unmarked, 22.14 chains (146LJ- feet) East of Milestone 127. A highway monument 1514 3 feet East of Milestone 133 marks the Corner of the Towns of Willing and Alma, in Allegany County. The Town line is near the center of a road. The Corner between the Towns of Alma and Bolivar in Allegany County is marked by the original stone monument at the South- east corner of the Holland Land Company’s Purchase, and a new granite monument (third class) set 23 October, 1883. This monu- ment is 1148 6 feet east of Milestone 139. The line between the Towns of Bolivar and Genesee in Allegany County, is undefined. It is between Milestones 144 and 145 about 64.40 chains (4250 4 feet [H. L. Co. Notes]) west of the former. [Sen. Doc. No. 71.] 36 2S2 [Senate The Corner of Allegany and Cattaraugus Counties is at a new granite monument (fourth class) 1043 feet East of Milestone 151. The Corner of the Towns of Portville and Olean in Cattaraugus County is marked by a granite monument (fourth class) set 29 May, 1884, to replace the original 16 mile Monument of the Holland Land Company, 1,196° feet East of Milestone 155. The Corner of the Towns of Olean and Allegany in Cattaraugus County is unmarked. It is a short distance west of a granite monu- ment (fourth class) which marks the corner of the Towns of Eldred and Otto in Pennsylvania, between Milestones 158 and 159. The Corner of the Towns of Allegany and Carrolton in Cattarau- gus County, is marked by a large stake on the west side of the sum- mit of the mountain, 888 feet East of Milestone 165. The Corner of the Towns of Carrolton and Ped House in Catta- raugus County is marked by the original monument at the south end of the Western Transit Meridian, and a new granite monument (fourth class) 548 feet East of Milestone 171. The Corner of the Towns of Red House and South Valley is marked by a granite monument (fourth class) 2T53 3 feet East of Milestone 178. The Highway monument 1380 feet west of Milestone 1S9 marks the Corner between the Counties of Cattaraugus and Chautauqua. The Conewango River forms the boundary between the Towns of Carroll and Kiantone in Chautauqua County. The line between the Towns of Kiantone and Busti, Chautauqua County, is in the center of a road about 689 feet East of Milestone 198. The Corner of the Towns of Bust! and Harmony, in Chautauqua County is at the Corner of Sections 41 and 49, marked by an old stake 2132 feet west of Milestone 205. The dead trunk of the origi- nal north east witness (“ Beech 15"d. N. 52° E. 52 links”) still re- mains. The line of the Towns of Harmony and Clymer in Chautauqua County is in the center of a road, about 726 feet east of Milestone 213. The Corner of the Towns of Clymer and French Creek is marked by a highway monument, 649 7 feet East of Milestone 219. The South-west Corner of Chautauqua County is marked by the “ Corner ” monument, at the intersection of the Parallel and Merid- ian Boundaries. PENNSYLVANIA. The Corner of Wayne and Susquehanna Counties is marked by a highway monument 1988 feet west of Milestone 6. The Susquehanna River forms the boundary between Harmony and Oakland in Susquehanna County. Milestone 15 marks the Corner of the Towns of Oakland and Great Bend in Susquehanna County. No. 71.] 283 Milestone 21 marks the Corner of the Towns of Great Bend and Liberty in Susquehanna County. Milestone 27 marks the Corner of the Towns of Liberty and Silver Lake in Susquehanna County. Milestone 32 marks the Corner of the Towns of Silver Lake and Choconut in Susquehanna County. The line between the Towns of Choconut and Apalachin in Sus- quehanna County is indefinite, between Milestones 35 and 36, “75 perches ” east of the latter. Milestone 40 marks the Corner of the Counties of Susquehanna and Bradford. Milestone 46 marks the Corner of the Towns of W arren and Windham in Bradford County. Milestone 52 marks the Corner of the Towns of Windham and Litchfield in Bradford County. The Susquehanna River forms the boundary between the Towns of Litchfield and Athens, in Bradford County, — between Milestones 56 and 57. Milestone 65 marks the Corner of the Towns of Athens and Ridgebury, in Bradford County. The Corner of the Towns of Ridgebury and South Creek in Brad- ford County is at a point, unmarked, 21.68 Chains (1431 feet) East of Milestone 71. The Corner of the Towns of South Creek and Wells in Bradford County is supposed to be at old Milestone 75. This Corner is lo- cated in the original record (Bradford Co., Docket 3, page 205) thus, begins at “ 74 th Mile tree being a large white pine standing on the west branch of a small creek thence one mile west on the state line to a large hemlock marked on the west side ‘ W 5 and on the east side ‘ S. K.’ After thorough search the 75 th Milestone or tree could not be found and this was therefore designated as the north west corner of the new township.” The Corner thus designated was probably a short distance west of Milestone 75. Milestone 80 marks the Corner of the Counties of Bradford and Tioga. The Corner of the Towns of Jackson and Lawrence in Tioga County is at a point 6J miles west of Milestone 80. Milestone 95 marks the Corner of the Towns of Lawrence and Nelson in Tioga County. The Corner of the Towns of Nelson and Elkland in Tioga County, is at a stump 3538 feet west of Milestone 98. The line between the Towns of Elkland and* Osceola in Tioga County is indefinite, between Milestones 100 and 101. Milestone 102 marks the Corner of the Towns of Osceola and Deerfield in Tioga County. The Corner of the Towns of Deerfield and Brookfield in Tioga County is “63 perches” West of Milestone 108. Milestone 115 marks the Corner of the Counties of Tioga and Potter. 284 [Senate Milestone 121 marks tlie Corner of tlie towns of Harrison and Bingham in Potter County. Milestone 12T marks the Corner of the Towns of Bingham and Genesee in Potter County. Milestone 133 marks the Corner of the Towns of Genesee and Oswayo in Potter County. The Corner of the Towns of Oswayo and Sharon in Potter County is marked by a granite monument (fourth class) 2710 4 feet west of Milestone 139. Set 16 May, 1884, at the request of the County Commissioners. The Corner of the Counties of Potter and McKean is marked by a granite monument (fourth class) 3592 8 feet west of Milestone 145. Set 19 May, 1884, opposite the stump of the original Corner tree. The line between the Towns of Ceres and Eldred in McKean County is the west line of Warrant No. 4325, between Milestones 152 and 153. It is undefined and unmarked. The Corner of the Towns of Eldred and Otto in McKean County, is marked by a granite monument (fourth class) 1260 feet East of Milestone 159, at the north west Corner of Warrant No. 4321. The Corner of the Towns of Otto and Bradford in McKean County is marked by a granite monument (fourth class). Set 14 June, 1884, at north-west corner of Warrant No. 4333, 2354 feet West of Milestone 162. The Corner of the Towns of Bradford and Corydon in McKean County is at the north-west corner of Warrant No. 4917, about 1000 feet west of Milestone 175, unmarked. The Corner of McKean and Warren Counties is marked by a granite monument (fourth class) set 15 July, 1884, opposite the stake set by the County Line Commissioners in 1873, 297 feet west of Milestone 182. The Allegany River forms the line between the Towns of Cory- don and Elk in Warren County. The Corner of the Towns of Elk and Pine Grove is marked by a granite monument (third class) 951 6 feet East of Milestone 189. Set 4 August 1884 at the request of the County Commissioners. Milestone 195 marks the Corner of the Towns of Pine Grove and Farmington in Warren County. The Corner of the Towns of Farmington and Sugar Grove in Warren County, is marked by a granite monument (third class) 2 6 20 5 feet west ot Milestone 200, set 22 August, 1884 at the request of the County Commissioners. Milestone 206 marks the Corner of the Towns of Sugar Grove and Freehold in Warren County. Milestone 212 marks the Corner of the Towns of Freehold and Columbus in Warren County. T1 le Corner of the Counties of Warren and Erie is marked by a highway monument 402 s feet West of Milestone 217. No. 71.] 285 The Corner of the Towns of Wayne and Amity in Erie County, is marked by a granite monument (lirst class) in the center of the State Line Road 376 3 feet East of the i4 Corner ’’'monument. The line between the Towns of Amity and Venango in Erie County is a westward prolongation of the Parallel Boundary. Meridian Boundary. One County in each state adjoins the Meridian Boundary — Erie in Pennsylvania, and Chautauqua in New York — each containing 3 towns which lie upon this portion of_the State Line. NEW YORK. The line between > the Towns of Ripley and Mina, is unmarked save by a rail fence which is supposed to oe upon the Line, about 1960 feet North of Milestone 7. The Corner of tiie Towns of Mina and French Creek is at or near a granite Highway Monument standing opposite the center of a road which lies upon the Town line, about 1940 feet North of Milestone 13. PENNSYLVANIA. The Corner of the Towns of North-East and Greenfield is marked by a granite highway monument standing in a little ravine, upon the west line of the ‘ State Line Road,’ 645 3 feet north of Mile- stone 8, opposite a stake certified by the County Commissioners as marking the Town Line. The Corner of the Towns of Greenfield and Venango is at or near the same highway monument to which is referred the Corner of the Towns of Mina and French Creek in New York. The point is approximately that fixed by the County Commissioners in August, 1881. 286 [Senate APPENDIX F. Names of Commissioners and Persons Connected with the Survey. Joint Boundary Commission. Col. James Worrall of Penn., Chairman; Dr. Samuel B. Woolwortli, Albany, N. Y., Secretary; (Dr. Woolworth died in 1880;) after his death Dr. David Murray, Albany, Secretary; Dr. Daniel J. Pratt, Albany, Assistant Secretary; (Dr. Pratt died 12 September, 1884.) Chancellor John V. L. Pruyn, Albany; (died 21 Nov., 1877;) Chancellor Henry R. Pierson Albany; Gen. Elias W. Leavenworth, Syracuse; Hon. Chauucey M. Depew, New York; Commissioners for New York. Col. James Worrall, Harrisburg; (died 1 April, 1885;) Col. Christopher M. Gere, Montrose; Capt. Robert N Torrey, Honesdale ; Commissioners for Pennsylvania. Major H. Wadswortli Clarke, Syracuse, N. Y., Surveyor on the part of New York and Engineer-in-charge of Survey. Col. C. M. Gere, Montrose, Penn., Surveyor on the part of Pennsylvania and Consulting Engineer. Members of Party , 1877. Frank C. Ainslie, Syracuse, N. Y., Principal Assistant; Daniel E. Hayden, Syracuse, N. Y., Clerk; Henry R. Mills, Binghamton, N. Y., flagman; Joseph Becket, Hale’s Eddy, N. Y., Nicholas Brown, do and David D. Terwilliger, New Baltimore, Pa., Axmen; Charles E. Curtis, Lanesboro, Penn., Teamster. Members of Party, 1878. Frank C. Ainslie, Principal Assistant ; Daniel E. Hayden, Clerk; Charles H. Wells, Pompey, N. Y., flagman ; Eduardo de A. Villares, Para, Brazil, do ; Luther C. Ainslie, Jamesville, N. Y., Axman; Nicholas Brown,* Hale’s Eddy, N. Y., do ; Geo. L. Ainslie, Jamesville, N. Y., do ; Will C. Martin, Pompey, N. Y., do ; Charles E. Curtis, Teamster. Members of Party, 1 879. Frank C. Ainslie, Principal Assistant; Daniel E. Hayden, Clerk; * Killed on Erie Railway, 1879. No. 71.] 2S7 John B. Fuller, Montoursville, Penn., Flagman; Charles H. Wells, bush-hook man; Almerin F. Hamilton, Syracuse, N. Y., Axman; William Portman, Corydon, Penn., do ; E. Williams, do do ; John F. Stewart, Lanesboro, Penn., do ; Charles E. Curtis, Teamster; James Giles, Limestone, N. Y., (temporary teamster); Charles Terry, Corydon, Penn., ( do ); Members of Party , 1881. Charles H. Wells, Pompey, N. Y., Flagman; A. F. Hamilton, Syracuse, N. Y., Axman; Benj. D. Barnes, Waverly, N. Y., do ; Charles E. Curtis, Lanesboro, Pa., Teamster. Members of Party , 1882. Harry C. Allen, Syracuse, N. Y., Principal Assistant; Charles H. Wells, Axeman; Benj. D. Barnes, do ; Charles E. Curtis, Teamster. Members of Party , 1883. Harry C. Allen, Clerk and Principal Assistant; Joseph Sill, Union City, Penn., Transitman; Charles H. Wells, Axman; Albert Taylor, Lanesboro, Pa., Axman; Fred. C. Simmons, Brookfield, Pa., do ; Charles E. Curtis, Teamster; Arthur Thomas, Spring Mills, N. Y, (temporary teamster). Members of Party , 1884. Harry C. Allen, Transitman and Clerk; Charles H. Wells, Axman; Fred. C. Simmons, do ; Will. H. Wells, Pompey, N. Y., Axman: Charles E. Curtis Teamster. Members of Party , 1885. Harrv C. Allen, Transitman; Charles H, Wells, Axman; Fred. C. Simmons, do ; Charles E. Curtis, do ; Fred Luce, State Line Station, N. Y., Teamster; Wm. W. Kasson, Lanesboro, Penn., do ; Mr. Allen has also, during nearly his entire connection with the survey, acted as chief clerk and draughtsman. Astronomical Party from the Office of the Lnited States Coast and Geodetic Survey. Assistant Edwin Smith, Observer; Sub- Assistant John B. Baylor, Recorder, 1877; Sub-Assistant F. H. Parsons, do , 1879. 288 [Senate Col. Worrall died at his residence in Harrisburg, 1 April, 1885. He was born 12 Jan., 1S12, in the city of Limerick, Ireland. His father, John Worrall, a merchant, having failed in business, came to America and became a teacher in a ladies’ boarding school. He died in 1845. The son, after an apprenticeship with Carey, Lea & Co., of Philadelphia, at the age of 19, secured a position under F. W. Rawle upon a railroad survey in Northumberland Co., running from Shamokin to Susquehanna and West. This road laid out in 1831 was built in 1S82. In 1832 he was engaged on a rail-road survey in North Carolina, and in 1833, under Judge Benj. Wright, he was engaged upon the Erie Canal. He then joined the Engineering Corps on the Chesapeake and Ohio Canal where he remained until 1835, when he assisted in the survey of the rail-road from Trenton to New Brunswick, N. J. After this he was on the James and Kenawha Rivers with his old chief, Judge Wright, and Charles Ellet, Jr. In 1838 he was engaged in making a survey through Pennsylvania from the Cumberland Yalley on a line of road now partly occupied by the South Pennsylvania Railroad. He was next, principal assistant to Col. W. Milnor Roberts on the Erie Exten- sion of the Pennsylvania canals. In 1844 he became connected with a contracting firm, and built a large portion of the St. Lawrence Canals, the Rutland and Burlington, and the Ogdensburg and Lake Champlain Rail-roads. In 1850 he returned to his profession, and became Chief Engineer of the Union Canal of Pennsylvania. Upon the completion of the enlargement of this Canal, he became Principal Engineer on the Western Division of the Philadelphia and Erie Rail-road. In 1860 he returned to Harrisburg and became again interested in the South Penn., Railroad line. He surveyed a connection with the route of 1838 from Harrisburg, and investigated several other lines, and upon the organization of a company was elected president and so remained until it was bought out and merged into the South Pennsylvania Rail-road. After 1860 during the war, he acted as Clerk in the Quarter- master’s Department, with rank of Colonel, his age and a limb crip- pled from an accident, preventing more active service. In 1866 at the instance of Sir Morton Peto, he recommended an extension of the Catawissa Rail-road System across the State of Pennsylvania to the Ohio River. In 1867 he was engaged in projecting a canal on the Rock River in Illinois and Wisconsin, and in 1868 in similar work on the Illinois River. And later he was engaged under the Gfeneral Government in surveys for a water communication between Lake Erie and the Allegany and Susquehanna Rivers, and the im- provement of the navigation of these streams. Since 1869 he had acted as Fish Commissioner for Pennsylvania, and as Actuary for the State Board, lie was appointed Commissioner on the New York Boundary by Gov. Hartranft in 1876, and upon the organ iza- I No. 71.] 289 tion of the Joint Board was made chairman. He was also Com- missioner upon the Boundary lines between Pennsylvania and Ohio and West Virginia. He left a widow and one daughter. An only son had died a few months previously. Hon. John V. L. Pruyn, LL.D., was a native of Albany, New York, where he was born 1811. He received his education in the Albany Academy, and in 1832 was admitted to the bar. He was appointed Master in Chancery by Governor Marcy ; and in 1835 was chosen a director, and counsel, of the Mohawk and Hudson Pail Poad; and afterward was Treasurer of the New York Central Pail Poad. In 183 1 he became connected with the Albany Institute, and was its President from 1855 until bis death. In 1814 he* was elected a member of the Board of Regents of the University of New York, and in 1862 was chosen Chancellor of the University. He was a member of the State Senate in 1862-63, and of Congress 1863-65, and 1869-71. At the time of his death, which occurred at Clifton Springs 21 Nov., 1877, he was President of the State Board of Charities, and of the Board of Commissioners of the State Survey. r Dr. Samuel Buell Woolworth, LL.D., first Secretary of the Joint Boundary Commission, was born in Bridgeliampton, Suffolk County, New York, 5 December, 1800. He was fitted for College by bis father, and was admitted in IS 19 to the Sophomore Class in Hamilton College, from which he graduated in 1822. For two years after his graduation he was a teacher in Monson Academy in Massa- chusetts. In 1821 he was called to tbe Priucipalship of the Onon- daga Academy at Onondaga Valley near the present City of Syra- cuse, where he remained six years, leaving to become Principal of the Cortland Academy in Homer. Here he remained for twenty- two years. During this service, he, in 1815, was one of the organ- izers of the New York State Teachers Association, of which he was in 1817 elected President. In 1852 he was appointed Principal of tbe State Normal School at Albany which position he filled until 1856, when he was elected Secretary of the Board of Regents of the University of New York. From 1836 until his death he was one of the Trustees of Hamilton College. In January 1880, on account of failing physical powers, be resigned his position as Secretary of the Board of. Regents, and removed to the residence of a son in Brooklyn, where he died 30 June, 18S0. He was buried in Homer, New York. Dr. Woolworth was twice married, his second wife dying in 1876. Dr. Daniel J. Pratt, Ph.D., was born in the town of Westmoreland, Oneida County, N. Y., 8 March, 1827. He graduated at Hamilton College in 1851, with all tbe honors. He was teacher of Mathe- matics in Fredonia Academy in Chautauqua County from 1S5L to [Sen. Doc. No. 71.] 37 290 [Senate 1854, when he was chosen Principal, which position he filled until 1864. In the latter year he spent several months with the Army of the Potomac in Virginia, in the service of the U. S. Christian Commission. In October 1864, he was appointed to a Clerkship in the Office of the Board of Regents of the University of New York, and in 1866 was made Assistant Secretary of the Board, as which he served until his death. lie was also Secretary of the Albany Institute, and Clerk of the State Survey, and had charge of the Rec- ords of the Boundary Commission. He also compiled the docu- ments published in the Regents’ Boundary Reports. He died 12 Sept., 1884, at Albany, after an illness of nearly a year, leaving a widow, two daughters, and a son to survive him. No. 71.] 291 APPENDIX G. Copies of Documents found among the Papers of George Palmer, now in the Possession of the Historical Society of Pennsyl- vania, BY BEQUEST FROM THE LATE JACOB FaTZINGER, Jr., OF Weaversville, Northampton Co., Penn. I. Palmer’s Commission as Deputy Surveyor. II. Survey of the Delaware River from Minisink Island to the Forty second Parallel in November, 1774, by Messrs. Ritten- house and Palmer. III. Palmer’s “ Journal up Delaware May 1784,” including notes of Survey from the Delaware to the Susquehanna. IY. “ Journal up Susquehanna & across to Delaware,” June, 1784. John De Long and William Drake. Y. Letter from Surveyor General Lukens to George Palmer. YI. Extracts from Palmer’s Field-notes of Warrant Surveys. I. John Lukins Surveyor General of the province of Pennsylvania, and of the Counties of New Castle Kent & Sufsexupon Delaware, by Yirtue of a Commilsion from the Honble James Hamilton Esq r : Lieutenant Governor of the province and Counties aforesaid. To George Palmer of the County of Philad a : sendeth Greeting : Know that reposing Special Trust and Confidence in your [l. s.] Skill, Care and Integrity, I have Nominated deputed and ap- pointed, and do by these presents Nominate, depute and appoint you the said George Palmer to be Surveyor of part of the County of Northampton, to wit, of all that part (now purchased of the Indians) Lying to the North of the Lehi and W est of Delaware River, commonly called the Forks of Delaware, together with Wil- liams Township in said County Lying South of the Lehi, joining Delaware River and the Durham Tract; Giving and granting unto the said George Palmer, full power, Right, and Authority to survey, resurvey & Admeasure all the Proprietary Land and Manors within the said Limits, and to Execute all W arrants and orders of Survey by me directed to you in pursuance of the Proprietary Orders for Sur- veying, resurveying or measuring any Tracts or Lots within the said Limits. And Especially requiring you to Execuse all such Y7 arrants and orders of Survey [and also all former Warrants and orders of Survey heretofore granted and directed to any former Deputy Sur- veyor, not yet Executed, within the Limits aforesaid] duly, faithfully and without partiality to Execute according to the respective tenures of the same : and Exact accounts thereof with drafts and Plots of 292 [Senate the said Surveys Carefully clone to Return Into my office. In Wit- nefs whereof I have hereunto set my hand and seal this Fourth day of August One thousand seven hundred and feventy three. JN° LUKE NS Surv Y Gen 1 . [Endorsed] Deputation To George Palmer. [Palmer continued to hold the position of Deputy Surveyor under the Provincial Government and the Commonwealth over 50 years.] II. [Survey of the Delaware River from Ten Mile River in the present town of Tusten, below Narrowsburgh, Sullivan County, N. Y., to the Initial Point of the Parallel Boundary, in November i774 ; and from Minisink Island, New Jersey to Ten Mile River in the same month.] [The outside leaf of the field-book from wliieli the following extracts were made, is missing, but its contents are — beside the traverse of the Delaware River — the Surveys of Warrants in the present Counties of Monroe, Pike, and Wayne, Penn., made in 1773-4. It is a book of about 100 pages, made by folding unruled foolscap sheets into eight leaves. The first few pages are occupied by the notes of a survey of the upper part of the Delaware river ; this is followed by the notes of a traverse of the River below, probably made by Mr. Rittenliouse. The Warrant Surveys were all made by Palmer. The first part of the first sentence is evidently gone with the outside leaf. Palmer had the faculty of leaving many of liis £’s uncrossed and i’s undotted. H. W. C.] [Page. true Variation 4°. 35' East taken at Zeal Tylors by M r . Lukens’s Meredian. Bearing & Distance from Ten mile River up Delaware N 27 N 80 N 50 N 36 N 22 W 274 W— 72 W 86 W 76 W 108 Penfyl vania side bears N 17-| W N 10 N 44 JST 65 N 48 W W— w w N 274 W tree by Francis N 38 W N 25 E N 64 E 157 Pennfylvania S 2 E 168 51 70 282 to a buttonwood Delongs house 124 28 38 to a pine No. 71.] 293 N 80 an Istand. S 83 S 67 E 22 opposite to lower end of 31 24 ] bearing of y e Station !■ " N 76$- E N 82 Ey e base or from 2 d Station to j first is N 2 E 15 West side of River bars Due West IPage.] N 21 J W — 100 28 — 22 74 40 107 45 52 340 to pine thence to edge Penn- pne tree beors N 18 N 60 N 72 S 77 S 514 N77 N 33 N 5 River 18 ps E E E — E E E — E W then on fylvania side y e s d N 85 E thence np River North 100 P & y e pine bars S 23f E in all on this course 320 opposite to Horse Island N 12 E 95 N 4$ E 170 N 10 W 78 N 25 W 110 to upper end falls N 85 w 44 N 28$. w 68 N 6 E 2 outs 1 chain to mouth of Corkings creek a little below Robert Lands house 72 Ps [Page.] N 514 E N 5 W a Rock N 16* W N 18£W Coshicton Island N 25J W N 38i W all on this Course 205 N 12 W 85 N 14 E 38 N 39 E 62 188 54 to Proprietary Land 184 to a post a little above 68 122 to upper end of 54 174 to a Casliers run in 294 1ST 66 E 20 S 85 E 48 to creek in all 102 ps to a marked bnsli from which Station Rock bears (S Ilf W) thence S 65* E (bears S 71 W S 65* E N6HE- N 4 E N iii w N 17* W N 6* W IP opposite y e [Page. ] N 2 E N 1 W N 5i W N 40 E 2 outs & Station Rock in all 136 32 to stone. 52 48 78 206 to w. o. sap. marked lower end of an Island 80 104 50 76 to upper end of s d Island & upper end of a little Island by s. d other Hand next Pennfylvania N 10* E 40 N 1 W 84 opposite Daniel Skinners house and moutli of a Gut — N 12 E — N 21 W N 38 W Skinners corner N 9 W N 19i W N 42* W 1ST 50i W Island N 70* 88 44 76 oposite to Elm Dan*. 44 60 44 60 — to lower end of Dreamers N 591 N 21i N 58 85 77* 71* [Page.'] W 64 to a Rock W 72 W 40 W 24 W 50 W 80 W (14 to run) 62 S 88 N 66 1ST 79 N 30 N 12 W W — w w w 131 50 58 84 48 near end of Button Wood Hand y e upper ¥ 13* E 66 [Senate No. 71.] 295 N 3JW (28 to a small run) in all — 57 N 19 E 216 so far Plotted N 51$ E 92 N 43$ E 86 to a flat rock N 31 E 44 N 73 E 84 to Gum marked P at lower end of Long bottom S 68$ E 108 N 76 E 64 th 12 Saturday N 43$ E — 42 N 25 E 194 N 13$ E 80 N 7J W 61 N 65 W 44 N 89 W 68 [Page. 1 S 61JW — 37 S 63i W 86 N 87 W — 45 to maple marked S N 66 E 85 now suppos d to be N 66 W N 43 W 76 N 35$ W 104 N 66 W 115 to birch N57 W 32 N 64$ W 80 N 164 W 106 to water beech by mouth of a creek. N 74 E 78 N 19 E 106 N 5$ E 132 N 11 W 48 N 40* W 54 N 73 ” W — 42 N 87 W 38 S 86 W 118 N 83* W 28 th 13 Sunday — N 56 W — 30 N 32 W — 40 N 38 W 32 N 42 W 92 N 83| w 29 [Page] S 86 W — 28 S 77 W 34 S 66 W 86 296 [Senate S 80 W 51 81 w 50 N 624 w 100 N 30 w 115 N 18 w 64 N 94 w 47 N 11 E 175 N 164 W 78 N 394 W 60 N 68 W 20 S' 72 W 28 S 534 w 53 s 24 W — 28 ■ Survey N 764 W crofs River y e River to York side thence up y e River S 19 W 160 S 45 f W — 59 N 89 W — 24 N 50 W 46 1ST 334 W 33 So 49 W crofs y e River to small Brook on Penf side, thence up River — [Page.] 1 1ST 21 41 N 41 85 1ST 50 — 56 N 63 35 N 2 1 4 to york side. N 70 108 to littl Stream N 89 60 S 70 W 144 on York side S 49J W 64 8 27 W 102 N40 W 25 S 41$ W 88 S 85 W 24 opposi N 174 W 61 N41 W 18 ye mouth of Equinunk N 27 W 18 N 72J W 15 N 20 W 102 N 51 W 30 N 53 W 22 to middle of an Island West 118 S 64J W 34 S 47 W 124 S 764 W 27 N 834 W 103 N 42 W 78 N 264 W 22 No. 71.] 29 T N 21 W 74 to M r . Rittenliouse Survey & 5 Ps ought to be added to his first line — [Page.] N 16$ E N 24 E — N 31$ E — N 424 E — N 50$ E — N 6$ E — N 13 W N 53 W. N 71- W. 15] 16 | 24 }- 20 | 106 J York side 40 162 52 118 N 14 W — 72 almost opposite to Tophpollurk creek i Pen nfyl vania side — y e 14 — North — — 144 N 30 E 28 N 49 E 82 N 27* North E — 62 — 86 N 17* W — 83 Monday bearing over y e River S 81° E N 17$ W. 48 Sng r \Page.~] N 22 W 152 S 18 W — 90 N 17. E. 118 Hand N 22 E 78 N 21 W 20 to lower end Island 1ST 40 W 80 to Sugar maple w by beech marked S : M : N : N 17 N 25 N 364 N53 N 29 S 82 N 59 N 33 W 64 W 26 to forks River - W 18 W 51 to Island W 94) W 4 chains to Stream water 57 W 33 W 50 [Sen. Doc. No. 71.] 38' 298 [Senate North — 22 near upper end Island N 19 E 100 N 10 E 72 N 30 W — 31 N 47 W 23 N 81 W 2 outs to opposite to brook on york side 75 53 £ 15 4 W W W E 64. 40 18 31 23 to Rock [Page.] st 21 . 1774 Monday November y‘ Pennsylvania side Beginning at y d under said Hemlock thence down y e River N 78 E — 32 S 65 E 41 to upper end of an Island good land 22 24 — 80 to lower end of s d Island 22 E 314 E — 51 E — 40 E S 44 E — 130 S 5 E 146 S 50 E 60 8 36 E — 97 S 71£E 32 N 85 E 50 S 34 E — 24' 38 f After 4 days snowing a little y e Wind turning to S : began to snow smartley a soft wet snow & snowed Prodigious fast till 8 o’clock at night we came in to Shohochin* about 9 oClock after a tedious Jour- ney S 66-J E — 12 S 86 E 50 to an Island N 78 E 10 Rock mentoned — E N 4J E to y e s before thence down y e Rivere N 42 E — 14 thence down N 6 W to y e s d Rock 852 [Page. *Now Hancock, Delaware Co., N. Y No. 71.] 299 Penfylvania. Tuesday be gan th at Hemlock Novemb y e . 15 — West - 35 N 584 — 20 N 18 32 N 14 23 N 354 41 N 224 at a 11 . outs its 12 Ps to River 280 N 174 W 46 N 10 W 62 N 25 w 38 N 56 w 31 N 42 w 35] N 60 w 20 j N 69 w 100 [-Islands N 62 w 60 | N 554 w 83 J to crooked hemlock & a cross > River - — y e Course is N 43f E to beech stump Cut high for y e Obfervation |0 90 ! 6 ii i .26 Miles 2-3*26 [Three pages blank and then come the following, which may probably have been copied from Mr. Rittenhouse’s notes.] Monday November y e . 7 lh . M r . Ritten- house began at Chesnut tree by Harman Rofigrants thence lip y e River on Pennfyl vania side. S 8SJ E — 72 S 68 E — 92 to uper end of Minisink Island. N 71 E N 61* E N 72J E N 674 E N 52 E of Moliockimack* 36 120 238 small Hand on Jersey Side 38 74 opposite y e month N 41 E 26 N 464 E 40 =N 46| e 40 Neversink Riverat Carpenter’s Point. 300 [S KN ATE [Page.] 1ST 421 E N 37' E N 62 E N 37 W — N 36 W N 45| W N 35 W N 28 W N 424 W 38 49 — 60 42 240 to D Van Camp Sawmill 76 78 22 N 33| ¥ - N 12 W- NSW N26 E — N 26 W — N 31 W — N 85 W — N 544 W N 86 W S 854 W. N 86 W. N 50 AY. N 81-J- W. N 674 W N 34 W. N 66 W N 71 W N 20 W — N 1 64 W — N 214 W. N 26 E — N 2 W — N 314 W — N 51 W — N 36 W — N 28J E N 28J E 18 50 72 38 50 46 54 32 44 50 ^ 30 55 36 22 28 40 38 36 10 Over mountain a little Distance from River 32 14 18 26 80 to Chaimbers S. Mill 122 - N 25 E — 40 N 244 E 136 N 16 E. 46 N Of E 60 N 29 W. 100 N 834 W 99 S 6 O 4 W 104 N 31 E over to York side — S 46 W — 100 to Mingaup — S 64 W 40 [Page.] No, 71.] 301 S 79 W - 34 N 86 W 32 N7L W 246 to small Hand. S 64 W 160 S 75 W 90 N 76 W — 20 1ST 61 W — 38 N W 24 N 24j W 66 N 144 W 342 N 514 \V 118 N 744 W 37 to small Island S 81 W 34 S 64 W 110 S 47 W 124 at 4 outs Fergusons Sawmill — S 29 W 94 S 50 W 50 [Page.] S 65 W 78 N 804 W 34 N 58 W 50 1ST 424 W 3S4 N 72“ W 122 80 S 80 W 060 S 80* W 60 S 691 W 230 S 84“ W 242 Plotted — this line N 69 W 62 N 25 W 34 N 13i E 64 N 20 E 46 N 42f E 78 to Rock — began above y' 3 Rock on same side Rock bears S 384 ™ thence up River IN" 5f W 70 Psfrom tlienc y®. Rock bears S 19 W N 23i W 28 N 51 W 110 N 744 W 148 N 294 W 40 N 124 W 81 N 1 W 170 IN" 21 W- — 44 to y® opposite y® mouth of Shoholey N 454 W 110 to 4 way brook N 78 W 104 [Page.] S 85 ¥ 40 Side Done N 774 W 38 302 [Senate [Page.] N 53 W 36 N 45 W 138 N 70 W 5 4 N 88 W 170 S 39 W 70 S 63 W 60 S 62 W 72 S 76 W 40 N 85 W 118 K 724 124 N 714 150 N 65 18 N 354 16 N 31 42 N 104 65 N 7 E 34 opposite y e . mou of Lexawaxin- N 16 E 18 ; • t N 74 W over to Pennfyl vania Side N 7 E 30 N 28 E 86 N 23 E 68 N 1 E 66 N 4 W 54 N 6 W 104 N 34 W 46 N 674 W 30 N 864 W 80 S 85 W 146 N 61 W 48 N 4 E 60 N 10 E — 12 N 9 W 30 N 104 E 34 N 32 E 74 to Hugh Jones N 284 E 32 N 8 W 36* * N 15 W 22 N 264 W 36 N 32 W 25 N 46 W 26 N 404 W 62 N 47 W 32 N 52 W 32 N 55 ¥ 54 N 50 W 60 N 55 W 20 No. 71.] 303 N 78 W 78 N 64 W 54 NT 48 W 14 N 3JW 120 to Mast-hope creek N 27 W 20 N 49 E 177 Cut strait cross y e . River makes a Curve of 40 p — N 2 E 44 N 10* W 37 [Page.] N 184 W 118 N 38* E to yorke Side at y e mouth of 10 mile River [On a loose leaf, probably the last .leaf of the preceding field-book, I find the following : — ] Names places up River Tyshaw — y e upper end of minisink is a hole on Penn fyl vania side were a snake is reported to have gone down near Mahockamack river Mingaup a River Equinock by y e . called — Shohockin at y e . forks of Popacktunk & y e Mohawk or Cookhouse branch. III. Journal up Delaware May 1784 B. Fryday Hired John Delong for 3 shillings Day and gave him 3 Dollars [Page] On Wednesday the 26 May In Company with Cap Craig We Set of from my House came to Nazareth paid for fish hooks Expences at Nazareth at Hellers Expences & came to Fort Pen at Strowds 27 Thursday hired W m . Drake & a horse from Garret Broadhead bought £ C 1 Flower & Bag paid to black Smith for Shoes ) and Nails j for Gun Powder Expences at Strouds £ 1 - 2 -.6 0 16 0 2 8 6 0 15 0 3 9 304 [Senate & came- to Gan fal lest 28 Fry day bought of Ganzalles 7£ ft of bacon at 1/'^ P> paid at Ganzales for Oats provifi on and came to Shoholy 29 Saturday paid at Shoholy for Horse pasture for Milk paid at Mouth Lackawaxen for to Crofs the Lechawack in a Canoe Crofsing the Delaware at 10 Mile River in a Canoe & Swam the Horses [Page] Lodged this Night in an Old Cabin about 2 Miles below the Coshecktunk falls 30 Sunday came to Mitchels breakfast & from thence to Dan! Skinners the River is fo high we could not Crofs with Horses losiah parks who lives at Equinun k Engaged to go home to morrow morning with a Canoe & to help us. to Crofs ftaid at M r Rofs’s we arived here at Rofses about 3 O Clock 31 Munday Hired losiah Parks in the Morning with his Canoe & came this day to the Mouth of Equinunk to Parks paid for Milk at night & in the Morning O O St June 1 Tuesday came to Shohockmg & Capt. Craig killed a Bear on which we Dined hartily tfc then came to M r . Rittenholise & Cap Hollands Obfervitory & Encamped I hunted near Hours before I found the Corner 2 d Wendnesday began to Run the line N 86° 20 W at 300 [ Page] a small brook running into York 1 Mile to post 304 to large Creek* Empty 0 0 0 0 0 £. 0 7 6 5 8 2 0 1 0 1 0 2 0 h D. 3 9 * Sand Pond Brook. No. 71.] 305 ing at little Cookhouse 2 Mile Birch rained Hard this da} 7 3 Thursday at 82 r in Pen 3 Miles to Beech by large Rocks at 143 run in ( at 308 Creek in Penn 4 Mile Beech at 160 Top Ridge 5 Mile Sugar at 80 over ridge a little North a Spring at 120 Pond Creek South at 137 Spring North 195 Dividing Ridge 144 Creek in 6 Mile Beech at 112 run in at 300 s. r North & a little South a spring South 7 Mile Beech 4 Fry day at 62 run South at 90 s r N. W 8 Mile beech little over ridge West side Stony at 107 s r South at 1 28 s r South 9 Mile Beech on Top of Hill (then Stony) at 248 Spring S. W. 10 Mile Birch marked on 4 sides — X at 37 Small r South good land [Page] at 120 River Hill at 244 s r North 11 Mile Beech at 50 Creek South at 64 s r in at 70 Creek* South 5 Saturday at 314 Top of River Hill 12 Mile Asp at 110 s. r S. W. 211 post between Sng r . & Hickoryf down River S 12 E. up River N 25 W Iosiah Parks Who came with me to take care of the Horses thro the W oods afsured me we were below the Tuscarora Town]; & said he had been at it that the Creek came in at the East side of the River at the Foot of the hill he & Capt. Craig & my felf went up, about 2 Miles thro’ the thick Woods & returned but could not See any sines of any person being up but discovered some Indians Tracks on this night lodged about £ mile below the line — * Cascade Creek. fUpon a ragged map made up of a compilation of Palmer’s surveys there is a note at this point of a “ Small dead Lynn marked Sam 1 Harris with red ledd.” \ Probably Ouaquaga opposite Windsor. Broome Co., N. Y. [Sen. Doc. No. 71.] S'3 306 This day discharged Iosiali parks tfc paid him 35/" & John Land paid him [Page.] 6 Sunday Traveled down the River to where we concluded the old Tuscorora Town* Stood & traveled about 4 Miles further down the River could perceive nothing of M r Walace we now had no more provision but J lb bread a piece & Crosed the River & hill & Steered Southerly for*Wioming & traveled about 6 Miles & the Pack horse gave out & we left him & then turned S. E. & Stood for Laca waxen creek & Encamped on one of the head branches of Tunkhan nuck & Eat up the last of our bread here is good land - — by fm 1 Pond. 7 Munday — Kept our course crosed fevereal high hills though good land and about 11 O. Clock came to the head of Mane branch Tunkhan uck creek here we caught three small Trout, which Served for breakfast & dinner & then turned down the Creek & encamped about 4 Miles down the Creek Shot 3 Pidgeons & catched 1. Trout Supper [Page.] 8 Tuesday — traveled on & about. 10 OClock W m Drake found a land Tortle which he Cooked & Capt Craig & he Eat. Iohn Delong picked Kettles & he & I Eat them — & traveled on till below the Forks & Encamped blow John Delongs Encampen place here he knew the Creek to be Tunkhannuck we Eat nothing — 9 Wendesday — Traveled on & found a Sort of Water Tortle & opened it & found Seven Eggs therein which we eat about 9 OClock here Caph Craig left us & travailed about 4 Miles down the Creek to Austin hunts & lent a bov out to us with about a Quart of Parched Indian Corn, which much revived us & we came in to hunts about 2 OClock & Eat some more Indian Corn — & then travailed on to about 4 or 5 mile to the mouth of [Senate 1 “ 15 ‘ 0 1 c 15 0 * Oq the site of Great Bend Borough, Penn. No. 71. J 307 the Creek at M r . Earles here we got some bread & milk 10. Thursday hired M r . Earls son to take our Sadies & Sadie bags to Wioming o # O & that & expences there we paid 27 f 6 & came to M r Hollobacks 1 “ 17 “ 6 [Page.] 11. Friday at M r Hollehacks at wioming had the Flucks purchased 30 lb of Flower for Iohn Delong and W m Drake to return with a Letter 12. Iohn Delong & Drake let of with Letter paid M r Hallamback for Flour & Expences . £4 “ 12 — 6 paid Iohn Delong 0 — 17 — 2 paid W m Drake 0 — 15 — 0 paid for Iohn Delong Expences 0 7 — 0 paid for W m Drake . 0 2 — 3 for Bottle 2/* & 1 quart rum 2 /* 6 0 4 “ 6 & for our horses at Wioming .... 0 7 “ 6 paid at Bullocks for 0. 0. 9 13 Sunday paid at Browns on ) Locas hill where we ftaid on > 0 7.6 Saturday night ) at white oak run. 0 a 0 “ 10 at Learns Dinner & Horses 0 — 6 “ 0 & came to Hellars at Windgap here we staid all night here I was Obliged to leave my Horse [Page. ] Brought forwards 14 Monday paid at Hellers £0 “ 9 “ 0 28 lune William Drake returned to me from Susquehanna with a Letter from T. Matlock & paid him the Residue of his wages which in the whole was £5 “ 7 “ 6 paid him 4 “ 12 “ 6 & paid Iohn Delong the Refidue of his Money in the whole was £5 “ 5—0 Refidue 3 “ 0 “ 6 [Page.] I paid of W ,n Drakes Money 17/* 6 Cap 1 Craig paid the rest [The above journal was kept in a little book made by folding sheets of writing paper. The pages are by 7 inches. The notes are plainly written in ink ; but the portion relating to the survey of the line west from the Delaware was evidently first kept in pencil and afterward traced over with ink. A fac simile of the plat of the line accompanying the above field notes, is given in Sketch No. 3.] 30S [Senate IV. John Delong & William Drake Iournal up Susquehanna [Outside page. J & acrofs to Delaware 12 Iune left Wioming & 23 Encamped on Delaware. June y e 12 th 1784 Jngaged With M r Palmer at 4/o p r Day Logded at Capows — y e 13 Be ing Clovdy Jn the fore part of the Day not Being able to find the Road Nor Stear onr Coarse Lay By untill in the of ter Noon when marched in Order To follow Louchawaney to The Head of The Ball d Mountain when at Evening about the Time of Jncomping Shat a Doue. which we Roastd part in order to toke On our march y e . 14 th we march t up The Laughany about 6 miles & found it to run two Much from the East for our Corse we struck of and marcht North & Nor west a Bought 12 miles & Jncompt on the East Branch of Tunk honnock ye e 16 th Had to Lay By this Day By reason of Rocks ye 16 th Being Cloudy But persued on our Jorney not Being able to keep our corse travel about ten or 12 miles & Struck [Main Branch which we came Down] Tunk honnock about 12 or 14 Miles aboue the Mouth then traveled about — 5 or six miles & Jncompt y e 17 th Travelled up Tunk honnock To the head & Jncamped — lb th Treaveled on & Struck Hungry Jsland on Syseohonnok abought 12 O. Clock & finding That Wallaces party had Bin up to line & Re- turned & we followed Down the River About 10 miles & Saw no fresh Sines of him Concluded they Where gone of concluded to Open the letter & See Jf the Contents was very urgent To Be De- lever’d & finding Jt much That way Concluded to persue On & Shot a Doe at Eving & y e 19 th Early in the morning Disoverd Two Jndians Coming up the River in Cannues Bring ing them too who Told us wallases Party where incompt about five miles Below us the Night Before we Traveled Down To where they where Jncompt the Night Before But they where Moved we persued on about 6 miles & Over Took the party Which was a bought 12 O Clock Concluded to Stay & Refresh our Selves & was very well used By M r Matlock 20 Being furnished with Provisions & a Conteen of Spirits Returned up the river To the line & lodged near the 8 mile tree 21 th when Taking a Sirkle of a bought 8 miles struck the line a bout a Quarter Of a mile west 'of the 4 milee Tree & finding The land the most Part of the way very good Beech Land & good Swompy land for Medow when following Down the North Branch of little Cookhous To the forks and finding the vally To Be narrow But — very good [The above Itinerary is written in a very fair hand in a little book made by folding a sheet of foolscap in 8 leaves. The “ Little Cookhouse ” Creek mentioned is now called Sand Pond Brook, which Crosses the Boundary near the 2 Mile Point. The title is in Mr. Palmer’s hand writing on the outside of the book.] No. 71.1 309 On the ridges Then followed up the west Branch a Bought 3 miles on which was very good Mill Seats tind ing the lond Very good Both for upland & grafs land & Jncompt y e 22 d Steered South East un till Strick Small Spring run a Bout 1 £ Miles Distonce from S d west Bronch followed Jt Down whereon Jt to Be good land To Be very Good & medow land find it to run North to where it Emties into the main Bronch about half a mile South west of The Line when following Down The little Cookhouse Branch to The river runing Eastwardly finding it to Be a very good way & Traveled Down the river About 6 miles & Jncomped y e 23 d . V.. Iune 20 th . 1784. — Dear Nephew — I received thine of the 18 1 . 11 Last Evening, & was glad to here that thee got home & was recovering thy health, but was sorry on thy account, as well as my Own, that thy Iourney was fruitlefs, as well as Very fateaguing & Dangerous, I thought the time of meeting was to Short for them, tlio h it might have done for thee if the Wether had been dry & Good. When the 31 st . of May Came I was Thinking of You Meeting When a person Brought me a Letter from Gaynor Keene, & mform a . me he faw Matlack & Wallis & their gang, at Northumberland Town, on the 27 th of May, Then I was Sure they Could not reach the place in lefs then a Whole Week after the time appointed I would wish when thee Can find fo much Leafure, thee Would send me an acc.l of the Hills, Rocks, Wood, Snakes, Land, Timbers, Waters, &c how you hit the Susquana, if near Wallis’s Marks, the Course up & down the River So far as you Took them, the Quallity of the Land, Water, Mountains, Timber, &c from where you Left the River to the mouth of Tunkhanock. A Scetch or Draft from the Stone to Susquahana would be Very acceptable I Shall take Care to Send thy Letter And Remain Lovingly thine, to serve JN° LUKENS. George Palmer. P. S. Pray let me know at what > house or place Letters or paper I may be direct’d, to, or left for Thee Either at Estown or Elswar. __ For [. Superscription ] George Palmer, Surveyor Northampton Hon d by | County Cap! Town, j These. [John Lukens was Surveyor General of Penn., from 1761 to the time of his death in 1789 Sketch No. 3 was probably prepared in response to this letter, as well a^ the notes on pages 303-7.] 310 [Senate V I. “ George Palmer Field Notes beginning [Outside Page\ the 3 d of October 1785 ending the 15 lime 1786 Win Craig adjoining the State line ” [This little book of 64 pages is made of sheets of foolscap twice folded, and was kept in ink. It contains the notes of surveys of a large number of Warrants in the present County of Wayne, Penn., among which are the following : — J “ State Line Warrant dated the 1 July 1784 mrveyed the 13 October 1785 to Thos Craig began at 2 mile birch* 1 S 864 E 26 to two Small Sug rs at . 17 Creek out thence by Vacant Land 1. S. Si. W. 266 Sm 1 . Hem. 2. N 864 W. 281 Hem. at 32 run in 3. N. 34 E. 266 Stone in State line 61 p. East of 3 d Mile Beech, (at. 198 s. r in at. 206 Creek in at. 222 s & s. r. in” “State line Warrant dated the 1 Inly 1784 Surveyed the 15 OctoT 1785 to William Craig Begin at. Stone Corner of Tlio s Craigs Land on State line thence by same 1. S 34 W. 253 to Stone in line at. thence by Land. 2. N 864 W. 296 Stone by Hem. (at. 91. run in N. W. at 99 s r. in at 105 s. in at. 168 main Creek in N". E. at. 179 s r. N. at. 1S2 same. s. r. South at. 227 run S. E. thence by 34 E. 256 Stone in State line 86 p East of 4 mile Beech, (at. 27 s. in at 51 run in at. 215 Creek in thence along the State line c. 864 E 296 to begin — Returned 438? 52 Ps ■” “State line Warrant dated the 1 Iuly 1784 Surveyed the 15 October * First written beech and corrected to birch. This was probably the birch op- posite Milestone 2, the remains of which were identified in 1877. H. W. C. (See 2 Mile Birch, page 305.) No. 71.] 311 1785 to Iohn Towne Begin at. Stone by Hem. thence by Ya 1. N. 86£ W. 280 Stone by Beech (at. 130 Dry. r. in N. E. 2 N. 3£ E. 253 Stone in State line at. 112. s. r. in at. 118 Swamp run in S. E. thence along the State line 3. S 86£ E 280 to Stone the Corner of Land thence by same 4. S. Si W. 256 to begin N. B. the first line N 86^ W 280 to Stone by Beech by mistake was but 258 & the Corner was moved 37 Ps westward a Stone which marks the line. N. 86£ W 295 to Stone thence N. Si E 252 to Post (not run) &c?. Returned 438? 52 Ps ” <{ State line Warrant dated the 1 Inly 1784 Surveyed the 18 October 1785 at to Iohn Craig Beginning Stone the Corner of Iohn Towne Land thence by Michael Harts David Wagner 1. N. 86£ W. 293 to post. at. 48 Stone Corner of — David Wagner Land, at. 89 s. r out. 241 s. r out 2 N Si E 252 Stone in State line thence by same — 3 S 86i E 293 post. (37 ps west of where the line "was run through by mistake 4 S. Si W. 252 to beginning Returned in “ State line on the dividing ridge between Delaware & Susquehanna Warrant dated the 1 Iuly 17^4 Surveyed the 18 October 1785 to- Robert Traill Beginning at post the Corner of In 0 Craigs Land thence by Y — David Wagners & Yacant Land 1 N. 86£ W. 297 Stone at 160 Top ridge at. 238 s. little in at. 270 run. S. W. 312 [Senate 2 N 3£ E 252 Stone in State line (at. 72 s.r in at 207 s. r. in thence along the State line — 3 S. 86^ E. 297 Stone, at. 30 run in at. 141 6 mile Beech at. 179 s. r in 218 s. r in tlience by Land — 4 S. 3£ W. 252 post beginning ” “ George Palmer Field Notes beginning the [Outside Page.] 16 Iune 1786 ending the 16 Ianuary 1787 James Moore.” [This is a little book of 64 pages similar to the preceding. Among the War- rant Surveys is the following] “ North Boundary of Pennsylvania on the Mohock branch of Delaware Biver Warrant dated the 1 st Inly 1784 Surveyed the 10 October 1786 to Samuel Craig — Beginning at Stone set for the N. E. Corner of Pennsyl- vania thence down the Mohock branch of Delaware Biver 1 . S. 57. E — 1101 2. S. 67. E — 94 3. S. 73. E 48 4. S. 68. E — 12 5 — S. 60 E 23 ! 6 — S. E ,40 r 7 — S. 58 E — 36 8 — S. 30 E 40 9 — S. 12 E 38 10 — S. 21 E 71 512 Ps on Biver Beech thence by Land 11. N. 87. W. 395 Stone at. 60 s. r. oiP at 154 s. r. out. at 370 Creek out 12 N. 3. E 292 J- Stone by Hemlock in the State line (at. 26 part Creek in at 33 part Creek in) thence by State line 13. S. 87. E. 11£ to beginning Content. 455 a + E + W [Between the above warrant and that surveyed to Tho s Craig lie two warrants adjoining the State line, surveyed in 1794 by Anthony Crothers for Jos. Leghman, 282-fc perches, aud F, J. Smith, perches.] No. 71.] 313 APPENDIX H. Extracts from Records of Surveys of the Holland Land Com- pany, in the Office of the Secretary of State, Albany, N. Y. I. II. III. IV. Description of the Marks upon Posts and Witness Trees. Extracts from Augustus Porter’s Field Book (No. 2). Extract from Seth Pease’s Traverse of the Shore of Lake Erie. Record of Surveys of South line of Range 1. Y. do do do do 2. VI. do do do do 3. VII. do do do do 4. VIII. do do do do 5. IX. do do do do 6 . X. do do do Will ink Strip. XI. do do do Range 7. XII. do do do do 8. XIII. do do do do 9. XIY. do do do do 10. XY. do do do do 11. XYI. do do do do 12. XVII. do do do do 13. XVIII. do do * do do 14. XIX. do do South and West lines of Ran Note. — Tlie original Field notes and Records of the Township Surveys of the Holland Land Company are contained in 15 Large Record Books and 69 small Field Books, which are deposited in the Office of the Secretary of State at Albany, N. Y. The following are abstracts from these Records so far as they relate to the State Line. The original Field Books of the subdivision of the Townships into Sections are in the possession of David E. E. Mix, Esq., Civil Engineer, at Batavia, N. Y. I. DESCRIPTION of the Marks inscribed on the POSTS and Bounded TREES called for in the following RECORD of the Surveys of Townships. FIRST. The posts called for at the corners of Townships are squared and marked with a marking iron in the following manner, viz 1 on their north and south sides with the number answering to those of the Townships north or south of the corner they represent [Sen. Doc. No. 71.] 40 314 [Senate and on their east and west sides with the number answering to the respective Ranges east and west of the corner. SECOND. The bounded trees called for bounding the corners of Townships are marked — in the following manner, viz 1 . The side of each bounded tree respectively fronting the corners of Town- ships is marked with an axe with three notches and a blaze above the notches ; and on their sides facing the body of the Townships in which they are respectively situated, they are marked with a marking iron the number thereon answering to that of the Town- ship ; and on their east and west sides as the case may be, with the number answering to the respective Ranges in which they are situ- ate east or west of the corner. FOR a more clear description and representation see the follow- ing plan designated the south west corner of Township No. 4 in the 12 th Range (being also the northwest corner of Township No. 3 in the same Range, and the north east and southeast corner of Town- ships No. 3 and 4 in the 13 th Range) with the relative situation of the trees bounding said corner. RANGE No. 13 TOWNSHIP No.A s u (sV RANGE No. 12 m g)o TOWNSHIP No. A. West '•(£> East TOWNSHIP No. 3. \ \ TOWNSHIP No. 3. & Vi A represents a squared beech post standing in the southwest cor- ner of Township No. 4 in the 12 th Range [being also the north- west corner of Township No. 3 in the same Range, and the north- east and southeast corner of Townships No. 3 and 4 in the 13 th Range as may be seen by the above plan] bearing the following in- scription marked with a marking iron on the north side, thus T No 4, on the south side T No 3, on the east side R No 12 and on the west side R. No 13. No. 71.] 315 B, (7, I), and E represent the four trees bounding the corner at A and show their relative situations. A represents a bounded beech bearing from the cornered post A, S. 35° E. 75 links, and marked on the side (a) facing the corner with three notches and a blaze above the notches ; also on the side (5), facing the body of the Township, it is marked with a marking iron thus T. N° 3, and at ( c ) being the east side of the beecli tree aforesaid it is marked with a marking iron thus R J\° 12. D represents another bounded beech bearing from the cornered post A, S 54° W 12 links, and marked on the side (cl) facing the corner with three notches and a blaze above the notches ; also on the side ( e ) facing the body of the Township, it is marked with a mark- ing iron thus T N° 3, and at (i) being the west side of the beech tree aforesaid it is marked with a marking iron thus R N° 13. B represents another bounded beech bearing from the cornered post A, N. 37° E. 38 links and marked on the side (m) facing the corner, with three notches and a blaze above the notches; also on the side ( n ) facing the body of the Township it is marked with a marking iron thus T N° 4, and at ( o ) being the east side of the beech tree aforesaid it is marked with a marking iron thus R E° 12. C. represents a bounded sugar maple bearing from the cornered post A, N. 71° 30' W. 46 links, and marked on the side ( r ) facing the post with three notches and a blaze above the notches, also on the side (s) facing the body of the Township it is marked with a marking iron thus T JV° 4, and at (u) being the west side of the aforesaid bounded sugar maple it is marked with a marking iron thus R N° 13. IN the same manner are all the corners of Townships perpetu- ated, excepting that the several corner posts and bounded trees are marked* with the numbers answering to the respective Ranges and Townships they represent. ALL the posts of the intermediate corners called for in the Rec- ord of the Survey of Townships are notched with twelve notches, three on the north, three on the south, three on the east, and three on the west sides of said posts, and the trees bounding the interme- diate corners are marked on their respective sides fronting the cor- ner post with three notches, and a blaze above the notches. ALL the line trees (or which were generally called sight-trees) are marked with four notches and two blazes, that is to sav, two notches and a blaze above the notches on one side of the tree, and two notches and a blaze above the notches on the opposite side of the tree. THE other marked trees designating the boundary lines of Town - ships are blazed on three sides, two blazes with the line and one fronting the line. JOSEPH ELL1COTT. [From Record of Range 12.] [In Record of Range 11 this Description is signed] “ JOSEPH ELLICOTT Surveyor for the Holland Land Company ” 316 [Senate II. Extracts from Augustus Porter’s Field Book. [Small H. L. Co., F. B. No. 2.] July 5 l ~ 1798. Began at Gorham & Phelps South west corner which is a post and Beech tree, standing on the North Boundary line of Pennsylvania which was set by John Adlum Nov r 1791 From thence measured west along said North Boundary line I s ! Mile Immediately on leaving the corner descend a hill obliquely. 22 Ch? 11 links to the 127 Mile Stone, 75 Ch 3 to hem- lock bottom, 80 01i s sett a Black ash post and marked it 1. M. 2?. d Mile 5 Cli® 57 Iks To the S East Branch* of Genefseo river running South west. At 9 Ch? the same running N. West. At 22.21 the 128 Mile Stone. At 12 Ch? the Genefseo river about 2 Ch? & 50 Iks below the Confluence of the aforesaid South East Branch and the South branch, the S E branch and the two branches united crofs the line as represented below Encamped at the River. Friday Iuly 6* 1 ) Continued our measure- ment. At 50 Ch? a hemlock swamp which continues through the Mile. At 80 Ch? sett a hemloclopost and Marked it 2 M. 3 d Mile At 1.5 begin to afcend a hill obliquely, timber hemlock & Beech. 22.12 to the 129 Mile Stone, 72.50 to a spring run r. g North. At 80 Ch? sett a post marked 3 M. !<£ Mile, land good timber hemlock and Beech, at 22.75 to the 130 Mile Stone, at 80 Ch? sett a hemlock post marked 1 M. 5 th Mile. 23 Ch? 23 Iks to the 131 Mile Stone land tolarably good, timber hemlock and Beech. Set a Beech post at 80 Ch? 6V? Mile . 11 Ch. to a Creekf 25 Iks Wide r. s N E. At 23.11 the 132 Mile Stone. At 80. Sett a post. 7«1 Mile. At 22.91 To the 133 Mile Stone. At 33 Ch? a run run s North, where we encamped for Night. Saturday Inly 7^ pro- ceed on the line. Land stony timber hemlock and Beech. At 80 Ch? Set a post mrk d 7 M. 8^ Mile At 22.66 to the 131 Mile Stone. At 80 Ch? sett a post marked 8 M. * Cryder Creek. f Ore Bed Creek. No. 71.] 317 9 t l 1 Mile . land hard and Stony and some ridgy, timber Chestnut, Bl k . Oak & hemlock. Sett a post at 80 Ch. markd 9 M. 10. th Mile. 23.35 to the 136 Mile Stone At 64.50 to Creek* 30 links W. d course North. At 72.75 a Stone marked, on the North. NEW. YORK 136 M. 50 Ch! On the South PENNSYLVANIA Lat. 42? Var. 0° 45' West. 1787. At 80 Chs sett a post and marked it 10 M. 11 th Mile At 21.40 to the 137 Mile Stone. At 76, a Creek 10 Iks Wide course North. At 80 Chs. sett a post marked 11. M. At the commencement of the 11 th Mile we encamped for night Sunday Iuly 8 proceeded on the Measurement. 12 l ? Mile At 20 chs 40 Iks the 138 Mile Stone at 80 ch! sett a stake and return about 40 perches on the line and encamp it being 1 oclock, and Very rainy, while we were making our fire we were Joined by M r . Sterrett of Philadelphia Mr Crider of Steuben County and M r Ray, all of them encamped with us. Munday Iuly 9 th M r Sterrit, Crider & Ray sett off for the Genefseo River and went in a N Easterly course M r Burgis and myself wishing if possible to find a road for our pack horses which we expect in to morrow sett off with these Gentlemen we proceed N. E. about half a Mile and come to a Considerable of a stream S West on this Creekf there is considerable fiatt land which we find to extend NE & SW. W r e proceeded about 2 Miles up the Creek find the travelling good, we therefore Conclude that our horses may come down this Valley and escape some bad hills which we crofsed on the line, from thence we return to our last Nights Camp. The following is the Measurement of the Pennsylvania line continued from the stone at the commencement of the 12 Mile meridian which is 12 Miles West of Gorham & Phelps’s S. W. Corner marked, on the East N? 1. S. W. Corner, On the West W & J. Willink S. E. Corner. On the South Pen sa Lat 42° On the top Meridian 12 Miles. Var. 0? 15' West. [Here follow sketch notes as far as 28 miles, where he runs north.] III. Extract from Seth Pease’s Field Book of the Traverse of Lake Erie. [Small H. L. Co., F. B. No. 69.] The Traverse of Lake Erie Beginning at the North West Corner of the State of New York and north of a Monument Stone (which is now broken to pieces) 39 Links we set a stake at the Place of be- ginning. Said Monument appears to have been erected by M r Andrew Ellicott August 23 d 1790 Latitude 42°- 16'- 13" North Variation 0? 25' West. We arrived too late at evening to make the * Crandall Creek. f Honeoye Creek. 318 [Senate necefsary preparations forsaking the Variation, but I began the Traverse on a supposed Variation of 20 minutes East. July 27 th 1798 Friday night clouds prevented our taking au Observation of the Pole Star. 28 th Saturday night at 10 o c & 13' the North star Elongation one Degree & 55' Magnetically a short time after it was tiie same, the clouds prevented observing sooner Sunday noon I found my watch 9 minutes too slow. Saturday we had two considerable thunder Showers in the Afternoon. 29 th Sunday, we carried the Traverse to the mouth of Chatauqua Creek. [Then follow the tabulated notes of the Traverse. Certificate dated] Tuesday Sept '4 th ., 1798 Seth Peafe. IV. Surveyed TOWNSHIP N°. 1 in the 1 st RANGE. [Bolivar, Allegany Co., 1 R. S. 358 (6th Ed.).] Beginning on the north boundary line of the State of Pennsyl- vania twelve miles west of Gorham and Phelps’s southwest corner at a stone marked on the South side u PEN SA Lat. 42,” on the west side U W. & J. WILLINK S SE. Corner,” on the east side a N° 1 S. W. Corner,” and on the top “ MERIDIAN 12 Miles West of G. & P. S. W. Corner, Var, 0°, 15' W. 1798,” being the southeast cor- ner of said Township, and running thence from the aforesaid marked stone West -bounding south on the north boundary line of Pennsylvania aforesaid. 40 At forty chains a yellow birch sapling, from which two bounded trees bear, a hemlock east eight links, and another hemlock north forty five degrees west twenty four links. 80 At eighty chains a white ash post from which three bounded trees bear, a hemlock north twenty six degrees west sixteen links, a beech south sixty two degrees east twenty five links, and a maple south sixtv six degrees west twenty five links. 120 At one hundred and twenty chains an ironwood post from which two bounded trees bear, alynn sapling north sixty three degrees east eight links, and a hemlock south fourteen degrees west thirty links. 160 At one hundred and sixty chains an ironwood post, from which two bounded trees bear, a beech north twenty nine de- grees east ten links, and a white pine twenty six links. 200 At two hundred chains an ironwood post from which two bounded trees bear, a white pine South eighty seven degrees west twenty seven links, and a maple south seven degrees west twenty two links. No. 71.] 319 24-0 At two hundred and forty chains, a hemlock post, from which two bounded trees bear, an oak north seventy one degrees west thirty three links, and a hemlock north twelve degrees west ten links. 280 At two hundred and eighty chains, a beech tree marked 15£ M. G. & P. Cor r . 320 At three hundred and twenty chains a beech post, from which three bounded trees bear, a beech north forty two degrees east fifteen links, an ironwood south four degrees east eigh- teen links, and another beech south eighty west sixteen links. 360 At three hundred and sixty chains a chesnut post, from which two bounded trees bear, a white oak north forty eight degrees east twenty six links, and a sugar maple north twenty eight degrees west twenty two links. 400 At four hundred chains a white ash post from which three bounded trees bear, a beech north ten degrees east twenty five links, a hemlock north sixty seven degrees east nine links, and a yellow birch south eighteen degrees east twenty nine links. 440 A four hundred and forty chains a post from which two bounded trees bear, a white pine South forty five degrees east twenty three links and a hickory south seventy five degrees west ten links. 480 Four hundred and eighty chains to a white ash post, being the southwest corner of said Township, and the south- east corner of Township N° 1 in the Second range, from which post two bounded trees bear, a beech north thirty seven degrees East twenty three links, and another beech north eighty five de- grees west twenty two links ; and running thence from the aforesaid white ash post North I certify that the foregoing is an accurate description of Township N° 1 in the first Range, compared with and corrected from the orig- inal field notes. ( Surveyor JOSEPH ELLICOTT. - for ( Holl d L d Comp 7 ■60 Chains ^—120 Chains ,—200 Chains Distance of Qualities 320 [Senate rn a o 40. . 40. . 40. . 24.. 16. . 8 . . 8 .. 17. . 5.. 27.. 13.. 14. . 26.. 8 .. 32.. 10 . . 20 .. 10 .. Range 1, REMARKS on TOWKSHIP N° 1. Beginning in the north boundary line [etc., as above] and commencing with m & a — Upland of the second Quality, Timber hemlock, beech, pine, oak, chesnut and maple. Thence gradually descending a hill facing northwesterly, . . to a yellow birch sapling, . . to a white ash post, . . to an ironwood post, . . to a creek* one perch wide running southwesterly, . . to an ironwood post, 70 to a runf running southwesterly, 77 to the 141 st mile tree, 53 to a run running southwesterly, and to the ascent of a hill facing southeasterly thence ascending, . . to an ironwood post, . . to the top of said hill not too steep for cultivation, and to the descent of the same hill facing southerly, south- westerly, and westerly ; thence descending, . . to a hemlock post, . . to the bottom of said hill not too steep for cultivation, to a run running southwesterly, and to the ascent of another hill facing southeasterly, southerly, and south- westerly ; thence along the side of said hill, . . to a beech post, . . to the bottom of said hill not too steep for cultivation ; to a run running southeasterly, and to the ascent of a ridge facing northeasterly ; thence ascending . . to a beech post, and the commencement of Upland of the 3 d Quality, Timber hemlock, oak and beech, . . to the top of said ridge unfit for cultivation, and to the descent of the same facing southwesterly, and southerly; thence along the top of the same .. to the descent of the same facing westerly; thence gently descending . . to a chesnut post, still descending . . to the commencement of * Honeoye Creek. f North Branch of Honeoye Creek. No. 71.1 321 Upland of the first Quality, Timber beech, maple and elm. to a white ash post at the bottom of said ridge not too steep for tillage, . . to a creek* one perch wide, running southwesterly 60 to the 144 mile stone, Thence along level land, 40 to a post and the commencement of Upland of the 2 d Quality Timber beech and maple. . . to a run running southeasterly . . to the ascent of a hill facing southeasterly, and to the commencement of Upland of the 3 d Quality, Thence ascending . . to a white ash post, being the southwest corner of said Township, Explored the 28 th October 1798. ( Surveyor JOSEPH ELLICOTT \ for ( Holland L d C°. [See also small Field Books N°. 1 and 2.] Y. Surveyed TOWNSHIP N° 1 in the 2 d RANGE. [Genesee, Allegany Co., 1 R. S. 361 (6tk ed.)J Beginning at a white ash post standing on the north boundary line of the state of Pennsylvania, being the southeast corner of said Township, and the southwest corner of Township N° 1 in the first Range, from which post two hounded trees bear a beech north thirty seven degrees east twenty three links, and another beech north eighty five degrees west twenty two links ; and running thence from the aforesaid white ash post West bounding south on the north boundary line of the state of Pennsylvania aforesaid. 40 At forty chains a beech post from which one bounded tree bears, a sugar maple south twenty nine degrees east twenty two links. 80 At eighty chains a birch sapling from which two bounded trees bear, a birch sapling south sixty four decrees west thirteen ^3 o o L a O l 20 10 , 5 24 I 18, « * CM 16 [Sen. Doc. No. -71.] * Horae Run. 41 322 [Senate links, and another birch sapling north thirty nine degrees west eighteen links. 120 At one hundred and twenty chains a beech post from which two bounded trees bear, a pine south thirty four degrees east twelve links, and a white oak south sixty five degrees west twenty seven links. 160 .At one hundred and sixty chains a beech post from which three bounded trees bear, a beech south forty degrees west six- teen links, and another beech north fifty degrees east, twenty seven links, and a maple north twenty two degrees west eighteen links. 200 At two hundred chains a hemlock post from which two bounded trees bear, a hemlock south twenty three degrees west twenty six links, and another hemlock north fifty eight degrees west thirty links. 240 At two hundred and forty chains a beech post from which three bounded trees bear, a beech south five degrees east twenty eight links, a!nd another beech north one degree west twenty seven links. 280 At two hundred and eighty chains a white pine post* from which two bounded trees bear, a maple south forty three de- grees east thirteen links, and a beech north forty three east sev- enteen links. 320 At three hundred and twenty chains a beech post from which three bounded trees bear, a beech north seventeen degree s west nine links, another beech north sixty nine degrees west fifteen links, and a white pine south twenty two degrees west eight links. 360 At three hundred and sixty chains a beech post from which two bounded trees bear, a beech north sixty three degrees east twenty links, and a white ash south forty four degrees east nineteen links. 400 At four hundred chains a black ash post from which three bounded trees l>ear, a black ash north fifty two degrees east nine links, another black ash south eighteen degrees east thirty four links, and another black ash south twenty eight degrees west thirty four links. 440 At four hundred and forty chains an elm sapling from which two bounded trees bear, a white ash south fifty two de- grees east thirteen finks, and an elm north sixty one degrees east twenty one links. 480 Four hundred and eighty chains to a hickory tree being the southwest corner of said Township, and the southeast corner of Township N° 1 in the third Range, from which tree two bounded trees bear, an elm north fifty one degrees east twenty * Error. In the original Notes of the Surveyor (Small F. B. No. 2, Aug. Porter, Surveyor) this is a White Pine tree 60 inches diameter. The remains of this stump were there in 1878. 60 Chains Dist. of Qualities. No. 71.] 323 one links, a hickory north twenty nine degrees, west thirty six links, and a mapie south fifty three degrees east thirty four links. Thence running from the said hickory tree North Range 2 EEMAEKS ox TOWNSHIP N° 1. Beginning at a white ash post [etc. as above] and commencing with GQ G "3 ^ o 2 YJpland of the 3 d Quality, -Timber beech, maple and hemlock, 10 . . . . Thence ascending a hill facing southeasterly to the top of said hill, and to the descent of the same facing north- westerly, 13. . 70 to the bottom of said hill too steep for cultivation to a run* running southeasterly, and to the ascent of an- other hill facing northeasterly, Thence ascending 16.. 30 to a beech post, 10. . . . to the top of said hill, and to the descent of the same facing southwesterly, Thence descending said hill too steep for cultivation 10. . . . to the commencement of Upland of the 2 d Quality, Timber black ash, birch maple, hemlock, beech, and white pine, Thence descending 20.. .. to a birch sapling 23 . . 50 to the bottom of said hill not too steep for cultivation, to a run running southerly, and to the ascent of a ridge facing easterly ; Thence ascending 16. . 50 to a beech post, 10. . . . to the top of said hill, and to the descent of the same facing westerly, Thence descending 30 . . . . to a beech post, 12. . . . to the bottom of said hill not too steep for cultivation, to a run running southwesterly, and to the ascent of a ridge facing southeasterly, 18.. .. to the top of said ridge, and to the descent of the same facing northwesteilv, Thence descending 10 . . . . to a hemlock post, 15 . . . . to the bottom of said ridge not too steep for cultivation, 16. . . . to a creekf two perches wide running southwesterly, 9 . . . . to a beech post, * Coon Brook. f Little Genesee Creek. 324 [Senate g 15. ... to the 148 mile tree in the Pennsylvania line •5 24. . 90 to a white pine tree;* Land level, g 20.. .. to a run running southwesterly near its junction with 0 Oswaiye Creek one chain wide running north westerly §5 and southwesterly, 20 . . . . to a beech post, 18. . 50 to a run running southerly, 21. . 50 to a beech post, 40. . . . to a black ash post, Land level 40. . . . to an elm sapling, . . 50 to a run running southwesterly, 6. . . . to the same run running northwesterly, 6. . 50 to Oswaiye Creek one chain wide running northwesterly 27.. .. to a hickory tree being the southwest corner of said Township Explored the 23 d of October, 1798. [See also small Field Book No. 2.] VI. Surveyed TOWNSHIP N° 1 in the 3 d RANGE. [Portville, Cattaraugus Co., 1 R. S. 363, 365 (6th ed.)j Beginning at a hickory tree standing on the north boundary line of the state of Pennsylvania being the southeast corner of said Town- ship and the southwest corner of Township N° 1 in the second range from which Tree three bounded trees bear, an elm north fifty one degrees east twenty one links, a hickoryf north twenty nine degrees west thirty six links, and a maple south fifty three degrees east thirty four links. Thence running from the aforesaid hickory tree West bounding south on the Pennsylvania line aforesaid. 40 At forty chains, a black ash tree, from which two bounded trees bear, an elm north fifty three degrees east twenty one links and a maple north twenty eight degrees east thirty one links. 80 At eighty chains a beech post from which three bounded trees bear, a white pine north three degrees west nineteen links, another white pine east thirteen links, and a maple south forty two degrees east twenty links. *2H Mile tree, see note page 322. f The elm was standing in 1884 quite vigorous. The bark was smooth and showed no signs of marks. A block cut out of the south side revealed an ellipti- cal mark about the size of a man’s hand about six inches under the wood. From the appearance of the wood over the mark it seemed evident that the mark was made by cutting away and peeling the bark with a knife. No axe marks were seen and the shape of the mark was quite true. In 1878 the broken stub of the hickory witness was standing with the marks plainly showing in the bark. No. 71.] 325 120 At one hundred and twenty chains a maple tree from which two bounded trees bear, a maple south thirty five degrees east nine links and a white pine south fifty two degrees west twenty links. 160 At one hundred and sixty chains a beecli tree from which two bounded trees bear, a hemlock north eleven degrees east thirteen links, and another hemlock east six links. 200 At two hundred chains a beech tree from which one bounded tree bears, a beech south twenty degrees w’est seventeen links. 24:0 At two hundred and forty chains a hemlock post from which three bounded trees bear, a hemlock south fifty five degrees east fifteen links, another hemlock north thirty two degrees east fourteen links, and another hemlock south thirty six degrees east twenty five links. 280 At two hundred and eighty chains a dogwood post from which two bounded trees bear, a hemlock north twenty three degrees east twenty three links, and another hemlock north six degrees west sixteen links. 320 Three hundred and twenty chains to a large stone being the southwest corner of said Township, and the southeast corner of Township N° 1 in the fourth range, from which stone two bounded trees bear, a beech north eighty five degrees west twenty four links, and another beech north forty degrees east fourteen links. Thence running from the aforesaid stone North Range 3 REMARKS on TOWNSHIP N°. 1. Beginning at a hickory tree . ... [etc., as above] and commencing with m rtf 3 Upland of the 1 st Quality Timber black ash, maple, elm, and beech, land level. 50 to Oswaye creek two perches wide running south- westerly, 50 to the same creek running northwesterly, . . to a black ash tree, . . to the ascent of a hill facing northeasterly northerly and northwesterly and to the commencement of Upland of the 3 d Quality Timber, hemlock, beech, and black oak. Land, Steep and stony. Thence ascending 50 to a run running northeasterly ■50Chs. , — 50 Chains 35 Chians 25 Chains 99 Chains 50 L s . 326 [Senate 19 50 to a beech post, Thence descending said hill facing northwesterly, 30 . . too steep and stony for cultivation, Thence still descending 10 . . to a maple tree, 31 . . to the bottom of said hill not too steep for cultivation and to a run running northwesterly, 6 . . to a beech tree and to the commencement of Bottom land of the 1 st Quality Timber, beech, maple, and elm, 11 50 to the Allegany river running northwesterly 13 50 to the commencement of ' «• Upland of the 2 d Quality Timber beech and hemlock 15 . . to a beech tree 20 . . to the ascent of a hill facing easterly and to the com- mencement of Upland of the 3 d Quality Timber hemlock and beech 20 . . to a hemlock post on the top of said hill and to the de- scent of the same facing westerly 18 . . to the bottom of said hill too steep for cultivation and to the ascent of another hill facing southeasterly 12 . . to the top of said hill and to the descent of the same facing northwesterly Thence descending 10 . . to a dogwood post 20 . . to the bottom of said hill too steep for cultivation 50 to a run running southwesterly and to the ascent of a hill facing southeasterly, southerly and southwesterly. Thence ascending and descending said hill 15 to the bottom of said hill too steep for cultivation, to a run* running southeasterly, and to the ascent of a hill facing northeasterly. Thence ascending 4 50 to a large stonef being the southwest corner of said Township . [etc. ; as above] Explored the 23 d day of October 1798. ( Surveyor JOSEPH ELLICOTT \ for the Holland ( Land C° [See also small Field Books N 0 2 and 3.] Loup’s Creek. t This stone is described in the original Field Book. It was marked, East side* “ W. & J. Willink’s S. W. Corner West side, “ H. L. Co. Beg.” It disappeared over forty years ago. No. 71.] 327 VII. Surveyed. TOWNSHIP N° 1 in the 4 th RANGE. [Olean, Cattaraugus Co., — 1 R. S.,363, 365 (6tli ed.)] Beginning at a large stone standing on the north boundary line of the state of Pennsylvania being the southeast corner of said Township and the southwest corner of Township N° 1 in the third range, from which stone two bounded trees bear, a beech north eighty live degrees west twenty four links, and another beech north forty degrees east fourteen links. Thence running from tiie afore- said stone West bounding south on the north boundary line of Pennsylvania aforesaid. 40 At forty chains a hemlock post from which two bounded trees bear, a hemlock north forty degrees west forty live links, and another hemlock north seventy one degrees east thirty three links. 80 At eighty chains a hemlock post from which three bounded trees bear, a beech south eighteen degrees west twenty four links, a hemlock north sixty five degrees west twenty seven links, and a beech north seventeen degrees east sixteen links. 120 At one hundred and twenty chains a sugar maple post, from which two bounded trees bear, a sugar maple north thirty eight degrees west five links, and an ironwood north fifty degrees east twenty five links. 160 At one hundred and sixty chains a hemlock post from which three bounded trees bear, a beech south forty five degrees west twenty links, another beech north fifty three degrees west forty one links, and a hemlock north fifteen degrees east twenty eight links.*’ 200 At two hundred chains an ironwood post from which two bounded trees bear, a beech south nineteen degrees east ten links, and a basswood north thirty eight degrees west twenty four links. 240 At two hundred and forty chains a sugar maple post from which three bounded trees bear, a beech south twenty three degrees west four links, another beech north thirty one degrees west twenty nine links, and another beech north forty four degrees east nineteen links. 280 ' At two hundred and eighty chains a hemlock post from which two bounded trees bear, a beech south twenty two degrees east eleven links, a sugar maple north eighty six degrees west twenty five links. * All of these witness trees were still vigorous in 1878. They have since been cut. 45 Chains Dist - of Qualities 328 [Senate 320 Three hundred and twenty chains to a sugar maple post being the southwest corner of said Township and the southeast corner of Township N° 1 in the fifth range, from whicli post three bounded trees bear, a beech south forty five degrees east twenty seven links, another beech north fifty five degrees west ten links, and another beech nortii thirty three degrees east twenty seven links. Thence running from the aforesaid Sugar Maple post, North 02 a 5 u 11 7 6 7 8 18 5 12 24 5 11 10 25 5 5 Range 4 REMARKS on TOWNSHIP N° 1. Beginning at a large stone [etc., as above] and commencing with 3 Upland of the 2 d Quality. Timber, hemlock beech, birch, sugar maple, black oak chesnut and white pine. L Stony chocolate colourd soil . . to the ascent of a hill facing northeasterly, Thence ascending 13 *fit for cultivation 87 to the top of said hill not too steep but too stony for cultivation. . . to the descent of a hill facing southwesterly. Thence descending . . to a hemlock post . . to the bottom of said hill not too steep for cultivation, to a run running southeasterly and .to the ascent of a hill facing northeasterly . . to the top of said hill not too steep for cultivation . . to the descent of a hill facing southwesterly. Thence descending . . to a hemlock post . . to the bottom of said hill not too steep for cultiva- tion chocolate colourd soil . . to a runf running southeasterly . . to a sugar maple post . . to the ascent of a hill facing northeasterly . . to the top of said hill not too steep for cultivation . . to a hemlock post . . to the ascent of a hill facing northeasterly. Thence ascending *Tliis is the location of Milestone 155 according to the Field Book, f Meek’s Creek. No. 71.] 329 O 10 12 2 5 15 20 1 7 1 12 3 18 5 2 27 3 8 30 *fit for cultivation 70 to tlie top of said liill not too steep but too stony for cultivation . . to the descent of a hill facing southwesterly . . to an ironwood post and to the bottom of said hill not too steep for cultivation chocolate colourd soil . . to a run running southeasterly and to the ascent of a hill facing southeasterly easterly and northeasterly . . to a point of said hill facing southerly not too steep for cultivation and to the descent of the same hill facing southwesterly to the bottom of said hill not too steep for cultivation to a run running southeasterly to another runf running southeasterly to a sugar maple post to a run running northeasterly to the ascent of a hill facing northeasterly. Thence 50 50 82 ascending Thence 18 Thence still descending! Jnot too steep but too stony for cultivation, still descending§ lit for cultivation, to a hemlock post to the top of said hill too steep for cultivation and to the descent of the same facing southwesterly to the bottom of said hill not too steep for cultiva- tion to a run runing southeasterly to a sugar maple post being the southwest corner of said Township. ... Explored the 18\ h day of October, 1798. [See also small Field Books No. 11 & 43.] Till. Surveyed Township N° 1 in the 5 th Range [Allegany, Cattaraugus Co., — 1 R. S. 362, 365, (6tli ed.)] Beginning at a sugar maple post standing on the north boundary line of the state of Pennsylvania, being the southeast corner of said Township, and the southwest corner of Township N° 1 in the fourth Range, from which post four bounded trees bear, a beech north nine degrees west thirty links, another beech north thirty four east twenty live links, another beech north seventy eight degrees west twenty live links, and another beech north fifty four degrees west ten links. Thence running from the aforesaid sugar maple post West * To Milestone 157 (Field Book N°. 11.) f North Branch of Indian Creek. X To xMilestone 158 (F. B. N°. 11.) § Sic. Ascending. [Sen. Doc. No. 71. J 42 330 [Senate bounding south on the north boundary of the state of Pennsylvania aforesaid. 40 At forty chains an ironwood post 80 At eighty chains a sugar maple post 120 At one hundred and twenty chains a sugar maple post 160 At one hundred and sixty chains a maple post from which three bounded trees bear, a beech north twenty seven degrees west thirty four links, another beech north forty degrees east sixty seven links, and another beech south forty degrees west twenty six links. 200 At two hundred chains a beech post from which two bounded trees bear, a chesnut south thirty nine degrees east twenty links and a beech north sixty three degrees east twenty seven links 240 At two hundred and forty chains a beech post from which three bounded trees bear, a beech north sixty one west twenty one links, another beech north five degrees west sixteen links and another beech north thirty nine degrees east four links. 280 At two hundred and eighty chains a beech post from which two bounded trees bear, a maple south seventy four degrees west eight links, and a beech south sixty two degrees east forty Jinks. 320 At three hundred and twenty chains a beech post from which three bounded trees bear, a hemlock south nineteen de- grees west eleven links, a white pine north forty nine degrees west thirty live and a half links, and a white oak north fifty one degrees east twenty three links. 360 At three hundred and sixty chains a sugar maple post from which two bounded trees bear, a beech north thirty four de- grees east seventeen links, and another beech north eighty nine degrees west thirty one links. 400 At four hundred chains a beech post from which three bounded trees bear, a hemlock* south thirty degrees west fifteen links, another hemlock north seventy five degrees east thirty links, and a beech north eighty six degrees west twenty links. 440 At four hundred and forty chains a beech post from which two bounded trees bear a hemlock north eleven degrees and thirty minutes west eleven links, and another hemloekf south thirty eight degrees east twenty links. 480 Four hundred and eighty chains to a chesnut post being the southwest corner of said Township and the southeast cor- ner of Township N° 1 in the sixth Kangefrom which post four bounded trees bear, a beech smith fifty four degrees west twenty links, another beech south forty six degrees west thirty five links, a birch north seventeen degrees east eleven links, and another birch north thirty seven degrees thirty minutes west forty eight links. Thence running from the aforesaid chesnut post North * Cut in vista, 1878. f Standing in 1878. 44 Ch. , — 141 Ch. 72 L s . ,—55 Ch. Dlst - ofQualiU “ No. 71.] 331 Range 5 Remarks on Township N° 1. Beginning at a sugar maple post .... .[etc., as above]. and commencing with Upland of the 2 d Quality - Timber, sugar maple, beech, oak white pine and under ° brush of laurel. 17. . to the 159 th mile stone 17. . 2 8 to a run running southerly 5 . . 50 to an ironwood post 14. . to a creek* one perch wide running southerly 1 . . to a bend of said creek running northeasterly and southeasterly 15.. to the ascent of a hill facing northeasterly Thence ascending along the side of said hill 10. . to a sugar maple post Thence still ascending 16. . 8 to the 160 th mile stone 13. . 92 to the top of said hill not too steep for cultivation 10 . . to a sugar maple post 12. . to the descent of a hill facing westerly 16. . to the bottom of said hill not too steep for cultivation 2. . to the ascent of a hill facing southeasterly Thence ascending said hill 10 . . to a maple post 3. . to the top of said hill not too steep for cultivation 5 . . to the descent of a hill facing northwesterly Thence descending 7. . 11 to the 161 st mile stone. 3 . . 89 to the bottom of said hill not too steep for cultivation 1. . to the ascent of a hill facing southeasterly 13. . to the top of said hill not too steep for cultivation 3 . . to the descent of the same hill facing southwesterly and southerly, and to the commencement of Upland of the 3 d Quality Timber, a thick growth of laurel Thence descending said hill 4. . to a beech post 18. . 50 to the bottom of said hill too steep and stony for culti- vation, to a runf running southwesterly, and to the ascent of a hill facing easterly 11. . 50 to the top of said hill too steep for cultivation. 7 . . to the descent of the same hill facing northwesterly Thence descending said hill 3 . . to a beech post too steep for cultivation and to the com- mencement of * Indian Creek. f Knapp’s Creek •36Ch.50L\ / — 43 Cl). 50 L s . ,—30 Cb. ,-50 Cli. ,-80 Ch. 332 [Senate Upland of the 2 d Quality Timber, chesnut, beech, maple, white pine, ash, oak, and hemlock 7. . to the bottom of said hill not too steep for cultivation, to a run* running southerly, and to the ascent of a hill facing northeasterly Thence ascending said hill 7. . 25 to the l()2 d mile stone 7. . 75 to the top of said hill not too steep for cultivation. 18.. .. to a beech post 2. . . . to the descent of a hill facing southwesterly Thence de- scending and ascending along the side of said hill 1 o o 38 . . . . to a beech post 10 . . to the top of said hill not too steep for cultivation 4. . 34 to the 103 d mile stone 25 . . 66 to a beech post 10 . . to the descent of a hill facing westerly southwesterly and northwesterly and to the commencement of Upland of the 3 d Quality Timber, hemlock and beech Thence descending said hill 16. . to a spring running northwesterly 10. . to the bottom of said hill too steep and stony for culti- vation, and to a run running northwesterly 4. . to a beech post and to the commencement of Upland of the 2 d Quality Timber, beech hemlock, oak and maple. 2. . 50 to a creekf one perch wide running southwesterly 9 . . to a run running southwesterly 2.. 95 to the 164 th mile stone 2.. 55 to a run running southwesterly 3 . . to the ascent of a hill facing southeasterly southerly and southwesterly Thence ascending along the side of said hill 20 . . to a beech post 3. . 50 to the bottom of said hill not too steep for cultivation, to a run running southwesterly and to the ascent of a hill facing easterly 29. . 50 to the top of said hill not too steep for cultivation 7. . to a chesnut post being the southwest corner of the said Township L Explored the 18 th October 1798 [See also small Field Books No. 17, and 43.] * Pembroke Run. f Harrisburg Run. No. 71.] 333 IX. Surveyed Township N° 1 in the 6 th Kange. [Oarrolton, Cattaraugus Co., — 1 R. S. 365 (6tli ed.)] Beginning at a chesnut post standing on the north boundary line of the state of Pennsylvania being the southeast corner of said Township and the southwest corner of Township X° 1 in the fifth Bange from which post four bounded trees bear, a beech south fifty four degrees west twenty links, another beech south forty six degrees west thirty five links, a birch* north seventeen degrees east eleven links, and another birch north thirty seven degrees thirty minutes west forty eight links. Thence running from the aforesaid chesnut post West bounding south on the north boundary line of the state of Pennsylvania aforesaid. 40 80 120 160 200 240 280 320 At forty chains a beech post from which two bounded trees bear, a beech north sixteen degrees west thirty two links, & a hemlock south ten degrees west nine links. At eighty chains a sugar maple post from which three bounded trees bear a hemlock south fifty three degrees west thirty three finks, another hemlock south twenty six degrees east fifty two links, and another hemlock north fifty seven de- grees east fifty eight finks. At one hundred and twenty chains a hemlock post from which two bounded trees bear a white pine north forty five degrees east twenty two links, and a hemlock south nineteen degrees east fifty three links. At- one hundred and sixty chains a sugar maple post from which three bounded trees bear, a beech north forty eight degrees west forty links, a maple north sixty eight degrees east forty five links, and another maple south twenty seven degrees west forty finks. At two hundred chains a sugar maple post from which two bounded trees bear, a white pine north seventeen degrees west twenty six finks, and another white pine south forty six degrees west twenty two links. At two hundred and forty chains a sugar maple post from which three bounded trees bear a beech north twelve degrees ■west thirty eight links, a maple north forty eight degrees east forty nine finks, and a birch south sixty five degrees east forty four links. At two hundred and eighty chains a sugar maple post from which two bounded trees bear, a sugar maple soutli sixteen degrees west thirty six links, and a beech north seventy three degrees west forty three links. At three hundred and twenty chains a birch post from which Stump and fallen trunk identified in 1878. 334 [Senate three bounded trees bear, a beech south fifty nine degrees west seventeen links, another beech south fifty seven degrees east sixteen links, and another beech north twelve degrees west nine- teen links. 360 At three hundred and sixty chains a sugar maple post from which two bounded trees bear, a birch north thirty degrees east nine links, and another birch* south sixty eight degrees east thirty eight links. 400 At four hundred chains a sugar maple post from which three bounded trees bear, a beech south sixty eight degrees east seven- teen links, a sugar maple south twenty two degrees east twenty three links, and a birch north forty five degrees east seventeen links. 440 At four hundred and forty chains a sugar maple post from which two bounded trees bear, a beech north ten degrees east twenty five links, and another beech south fourteen degrees east thirty eight links. 480 Four hundred and eighty chains to a monument stone standing in the western Transit Meridian bearing east six chains and thirty three links from the 171 st mile stone in said line and marked on the east side“ Holland Land C° Southwest Cor- ner Range N° 6 ” on the west side “ W & J WILLINK’S R ge . N° 7” on the south side “ P” on the north side u T N° 1 ” and on the top “Tar 1 W. July 1 st 1799” being the southwest corner of said Township and the southeast corner of Township IS 0 1 in the seventh Range, also the southwest corner of a tract of Land intended to contain li0 o c o e , s ooo granted by Robert Morris and Mary his wife to Herman LeRoy John Linklaen and Gerritt Boone by deed dated the 27 th day of February 1793 and the southeast corner of a tract of land containing 54,000 acres granted by Robert Morris and Mary his wife to Herman Le Roy William Bayard and Mathew Clarkson by deed dated the 20^ day of July 1793 from which stone three bounded trees bear, a beech north seventy one degrees west thirty eight links another beech north sixty degrees east twenty nine links, and another beech south fifty four degrees east thirty four links, f Thence running from the aforesaid stone North along the aforesaid W estern transit Meridian * Standing in 1884. f All these witness trees were standing in 1884. 36 Oh. 10 Oil. r-15Ch. ,—25 Ch. r-80 Ch. ,-40 Ch. Dist. of Qualities No. 71.] 335 Range 6 REMARKS on TOWNSHIP N° 1. Beginning at a chesnut post [etc., as above] and Commencing with • Upland of the 2 d quality ^ Timber, beech maple, cherry white pine, and chesnut stonv. 11 . . to the descent of a hill facing westerly 14 . . to the bottom of said hill not too steep for cultivation 1 . . to a run running northwesterly 14 . . to a beech post and to the descent of a hill facing northerly Thence descending along the side of said hill 12 . . to a run running northwesterly 18 . . to the bottom of said hill not too steep for cultivation. 10 . . to a sugar maple post 4 . . to a run running northwesterly 10. . 50 to another run running northwesterly 5 50 to the ascent of a hill facing northerly. Thence as- cending and descending along the side of said hill 20 . . to a hemlock post and to the Commencement of Upland of the 3 d Quality Timber, white pine hemlock and beech. 20 . . to the bottom of said hill not fit for cultivation. 5 . . to the Commencement of Upland of the 2 d quality Timber white pine hemlock and beech. 15 . . to a sugar maple post and to the Commencement of 10 3 27 Intervale of the 2 d quality Timber, white pine, maple, elm, cucumber and beech, to a run running southeasterly to a creek* five perches wide running northwesterly, to a sugar maple post and to a run running north- westerly to the Commencement of Upland of the 2 d quality Timber, white pine, beech, birch and sugar maple. * Tunaunguant Creek. 336 [Senate 8 18 2 6 id l o o CM l 4 1 15 14 6 15 20 5 10 23 O o 6 4 2 15 20 § 40 T . . to the ascent of a hill facing northeasterly and north- erly . . to the top of said hill not too steep for cultivation and to the descent of the same facing northeasterly . . to the bottom of said hill not too steep for cultivation . . to a sugar maple post and to the ascent of a hill facing northeasterly . . to the top of said hill not too steep for cultivation to the commencement of Upland of the 3 d quality Thence descending said hill facing southwesterly . . to the bottom of said hill too steep and too stony for cultivation . . to a sugar maple post and to the Commencement of Upland of the 2 d Quality Timber beech sugar maple and basswood. . . to a run running southeasterly . . to the ascent of a hill facing easterly Thence ascending . . not too steep for cultivation to the commencement of Upland of the 3 d quality . . to the Top of said hill not fit for cultivation . . to a birch post very stony . . to the descent of a hill facing southeasterly southerly and southwesterly thence descending and ascending along the side of said hill . . to the top of said hill too steep and stony for cultiva- tion . . to a sugar maple post . . to the descent of a hill facing westerly 50 to the bottom of said hill too steep for cultivation to a run running southwesterly 50 to a sugar maple post . . to a run* running southeasterly . . to the ascent of a hill facing easterly . . to the top of said hill too steep & stony for cultivation . . to a sugar maple post and to the commencement of Upland of the 2 d Quality Timber, Sugar maple, beech birch and elm. . . to a monument stone standing in the western Transit Meridian [ etc -» as ab ove J Explored the 9 th day of July 1799 [See also small Field Books N° 43, 46 & 63] * Bolivar Brook. No. 71.] 337 X. [WILLINK STRIP, j Surveyed That part of Township N° 1 in the Seventh Range which is included in William & Iohn Willinks 54000 Acre Tract. Beginning at a stone marked on the west side “ Holland Land C° ” on the east side U W& I W ” and on the south side “ P ” standing in the north boundary line of the state of Pennsylvania being the southwest corner of a Tract of Land granted by Robert Morris and Mary his Wife to Herman Le Roy William Bayard and Matthew Clarkson by Deed dated the Twentieth day of luly one thousand seven hundred and ninety three containing fifty four thou- sand acres, also the southeast corner of a Tract of Land granted by Robert Morris and Mary his Wife to Herman Le Roy and Iohn Lincklaen by deed dated the twenty fourth day of December one thousand seven hundred and ninety two containing five hundred thousand acres from which stone three bounded trees bear a birch south twenty degrees west twenty three links, a hemlock north twenty two degrees east nine links, another hemlock north forty three degrees west fifty-four links. Thence running from the afore- said stone East bounding south on the north boundary line of the State of Pennsylvania aforesaid 33. 68 At thirty three chains and sixty eight links a birch post from which three bounded trees bear, a birch north fif- teen degrees east thirty two links, another birch north seventy four degrees west seventeen links, and another birch south five degrees east fourteen links. 73. 68 At seventy three chains and sixty eight links an iron wood post from which two bounded trees bear: a beech north thirty-nine degrees west thirteen links, and a maple south fifty-six degrees west thirty-six links 113. 68 One hundred and thirteen chains and sixty eight links to a monument stone marked on the east side “ Hol- land Land C° southwest corner Range N° 6” on the west side “ W. and I. Willinks Rg e . N° 7 ” on the south side “P” on the north side “ T N° 1” and on the top “ Var 1 W luly 1 st . 1799” standing in the Western Transit Meri- dian Line being the southeast corner of the aforesaid fifty four thousand acre Tract also the southeast corner of said Township and the southwest corner of Township N p 1 in the sixth range from which stone three bounded trees bear, a beech north seventy one degrees west thirty eight links ; another beecli north sixty decrees' east twenty nine links and another beech soutli fifty four degrees east thirty four links. Thence running from the aforesaid stone North along the western Transit Meridian line aforesaid I certify that the foregoing is an accurate description of that part [Sen. Doc. No. 71.] 43 338 [Senate of Township N° 1 in the seventh Range which is included in Wil- liam and Iohn Willinks fifty four thousand acre tract compared with and corrected from the original Field Notes. JOSEPH ELLICOTT { H jS'CdV Range 7. Remarks on that part of Township N° 1 in the Seventh Range which is included in William & Iohn Willinks 54000 acre Tract. Beginning at a stone [etc.] and commencing with GO ZD 3 CO CO l 28 4 1 68 Intervale of the 2 d quality Timber beech birch elm and hemlock to a run* running southeasterly to another run running southeasterly to a birch post and to the Commencement of Upland of the 3 d Quality Timber hemlock and beech 16 50 to run running southerly and to the ascent of a hill ^ facing westerly ^ 13 50 to the top of said hill too steep and rocky for cultiva- 5 tion and to the Commencement of Upland of the 2 d Quality Timber beech, maple, white pine black oak and chesnut 10 to an iron wood post 40 to a monument stone marked on the east side Explored 0 Iuly 1799. [See also small Field Books N°. 43 & 68.J XI. Surveyed That part of Township iV 1 in the 7 th Range which includes only Holland Land Company Lands . [Red House, Cattaraugus Co., — 1 R. S. 363, (6tli ed.)] Beginning at a monument Stonef standing in the north boundary * Head of Bennett Brook. f South-west Corner of the Willink Strip. Replaced with a new monument in 1884. No. 71.] 339 line of the State of Pennsylvania, marked on the west side “ Hol- land Land' Co” on the east side “ IF cfc J IF,’’ and on the south side “ P” being the sontliwest corner of a tract of Land granted by Itobert Morris and Mary his Wife, to Herman Le Boy, William Bayard, and Mathew Clarkson, by Deed dated the twentieth day of July One thousand seven hundred and ninety three, contain- ing fifty four thousand acres, from which Stone three bounded trees bear, a birch south twenty degrees west twenty three links, a hem- lock north twenty two degrees east nine links, and another hemlock north forty three degrees west fifty four links. Thence running from the aforesaid Stone West bounding south on the north bound- ary line of the State of Pennsylvania aforesaid 6. . 32 At six chains and thirty two links, a hemlock post from which two bounded trees bear, a hemlock north twenty three degrees west nineteen links, and a beech south sixty four degrees west thirteen links. 46.. 32 At forty six chains and thirty two links a hemlock post from which three bounded trees bear, a Avliite pine* south forty five degrees west thirty six links, a beech north forty four degrees west twenty seven links, and a birch north one degree east thirty three links. 86.. 32 At eighty six chains and thirty two links a hemlock post from which, two bounded trees bear, a chesnut north thirty two degrees west eleven links, and a beech south thirty eight degrees west sixteen links. 126. .32 At one hundred and twenty six chains and thirty two links, a sugar maple post from which three bounded treesf bear, a beech south fifty three degrees west forty five links, a birch north twenty five degrees east seven links, and a hemlock south thirty degrees east forty five links. 166. .32 At one hundred and sixty six chains and thirty two links a hemlock post from which two bounded trees bear, a beechf south nineteen degrees west twenty four links, and white ash north seventeen degrees west twenty four links. 206. . 32 At two hundred and six chains and thirty two links a hemlock post from which three bounded trees bear, a hem- lock north fifty degrees west twenty eight links, another hemlock J south twelve degrees east twenty three links, and another hemlock north sixty degrees east forty five links. 246. . 32 At two hundred and forty six chains and thirty two links, a birch post from which two bounded trees bear, a beech south seventy six degrees west twenty eight links, and a hemlock north forty four degrees west twenty three links. * Stump identified in 1879. f All standing and vigorous in 1879. The birch was cut in the vista. A monu- ment was set for this post in 1884. The beech and hemlock witnesses were still standing. 340 [Senate 286. . 32 At two hundred and eighty six chains and thirty two links a white pine post from which three bounded trees bear, a pine* * * § south sixty two degrees west twenty five links another pine north twenty nine degrees west twenty six links, and a beechf south sixty seven degrees east twenty nine links. -326.. 32 At three hundred and twenty six chains and thirty two links a white ash post from which two bounded treesf bear, a hemlock north fifteen degrees west eleven links, and a sugar maple south two degrees west ten links. 366. . 32 At three hundred and sixty six chains and tliirty two links a hemlock post from which three bounded trees bear, a hemlock:); south thirty six degrees west eighteen links, another hemlock§ south fifty degrees, east eighteen links, and a birch north forty degrees west thirteen links. 406 . . 32 At four hundred and six chains and thirty two links a sugar maple post from which two bounded trees bear, a beech north sixteen degrees east twenty seven links, and another beech south seventy four degrees east twenty six links. 422 . . 56 Four hundred and twenty two chains and fifty six links to a chesnut post being the southwest corner of said Township and the southeast corner of Township N°. 1 in the eighth Range from which post two bounded trees bear, a sugar maple] north thirty two degrees thirty minutes east fifty six links, and a birch north sixty one degrees west forty links. Thence running from the aforesaid chesnut post North * Standing in 1879. f Standing in 1879. JBotli standing in 1879, with remnants of original post among the roots. Both trees were vigorous in 1884. § Two witness trees standing in 1879. j| Standing in 1884, when a monument was set at this point. Also a beech 14" d. 77 links N. 46 W., marked by the surveyor who subdivided the Township west of it into sections. No. 71.] 341 Range 7 Remarks on that part of Township N° 1 which includes only Holland Land Company Lands. Beginning at a monument Stone [etc., as above] s and commencing with 02 CO s 92 03 CO S Intervale of the 2 d Quality 2 Timber beech, birch, elm, and hemlock O 6 . . 32 to a hemlock post, and to the commencement of CO co ^ 40.. Intervale of the 3 d Quality Timber beech, birch, hemlock and shin wood Covered with moss to a hemlock post, and to the commencement of Upland of the 3 d Quality Timber, hemlock and beech Stony and Mossy. to a hemlock post, and to the commencement of Upland of the 2 d Quality. Timber, hemlock, beech, chesnnt and cucumber to the descent of a hill facing north-westerly to a sugar maple post at the bottom of said hill not too steep for cultivation, and to the commencement of Upland of the 3 d Quality Timber, beech, hemlock birch and chesnut Stony, rocky, and mossy. to a spring running northwesterly to a run* running northwesterly to another run running northwesterly to the commencement of Upland of the 2 d Quality Timber, hemlock, maple, beech, chesnut, and white pine to a hemlock post to the descent of a hill facing southwesterly * Branch of Quaker Run. ■50 Chains ^80 Oh 8 ^25 Ch 8 ^-20 Ch 8 ,—20 Ch 1 342 [Senate Thence descending along the side of said hill not too steep for cultivation. 20. . to a hemlock post and to the commencement of Upland of the 3 d Quality Timber, hemlock, beech, and white pine. Very mossy 20. . to the bottom of said hill not too steep but too stony for cultivation, and to the commencement of Intervale of the 2 d Quality Timber, beech, sugar maple, and hemlock. 16. . to a run running northwesterly 3. . to another run* running northwesterly 1 . . to a birch post 5 . . to the ascent of a hill facing northeasterly, and to the commencement of Upland of the 2 d Quality Timber, white pine, birch, beech, sugar maple, hemlock, and black oak 10. . to the top of said hill not too steep for cultivation 25 . . to a white pine post 10. . to the descent of a hill facing southwesterly 30. . to a white ash post at the bottom of said hill not too steep for cultivation 5. . to the commencement of Intervale of the 2 d Quality Timber beech, elm sugar maple and cucumber 35 . . . . to a hemlock post 2 50 to a creekf one perch wide running northwesterly 1 . . to a run running northeasterly 5 50 to another run running northeasterly 6 . . . . to the commencement of Upland of the 2 d Quality Timber, beech, sugar maple, and hemlock 8. . 50 to a run running northeasterly 50 to the ascent of a hill facing easterly 13 . . to the top of said hill not too steep for cultivation, and to the descent of the same facing westerly. Thence descending 3 . . to a sugar maple post 16. . 24 to the bottom of said hill not too steep for cultivation, and to a chesnut post being the southwest corner of said Township Explored the 22 d day of June 1797 [See also small Field Book N°. 43.] * East Branch of Quaker Run. f Quaker Run or Tunessassa. No. 71.] 343 XII. Surveyed Township N° 1 in the 8 th Range. [East Part of South Valley. Cattaraugus Co., — 1 R. S. 366 (6th ed).] Beginning at a white oak post standing in the northern boundary line of the State of Pennsylvania being the southwest corner of said Township and a corner of Allegany Reservation* from which post four bounded trees bear, a white oak north fifteen degrees west seventeen links, another white oak north seventy nine degrees east twenty one links, a white pine south seventy five degrees east forty five links, and a hickory south fifty one degrees west seventeen links. Thence running from the aforesaid white oak post Westf bounding south on the north boundary line of the State of Pennsylvania aforesaid. 40 At forty chains an iron wood post from which two bounded trees bear, a white oak south eight degrees east fifteen links and a beech north six degrees west thirty five links, 80 At eighty chains a sugar maple post from which three bounded trees bear, a sugar maple north sixty four degrees east eleven links, a white oak north fifty one degrees east twenty three links, and a maple north twelve degrees west thirty four links. 120 At one hundred and twenty chains a sugar maple post from which two bounded trees bear a black oak north fifty eight degrees west twenty one links, and a white oak north sixty eight degrees east thirty four links. 160 At one hundred and sixty chains a sugar maple post from which three bounded trees bear, a black oak north seventeen degrees east sixteen links, a chesnut north forty five degrees east forty six links, and a sugar maple north sixty six degrees west thirty links. 200 At two hundred chains a white pine post from which two bounded trees bear, a chesnut north forty six degrees east twenty one links, and another chesnut north ten degrees east twenty seven links. 240 At two hundred and forty chains a white pine post from which three bounded trees bear, a white pine north fourteen degrees west thirty five links, a chesnut north four degrees west thirty seven links, and a white pine north seventy one degrees east thirty seven links. 280 At two hundred and eighty chains a sugar maple post from which two bounded trees bear, a white oak north twenty six degrees east forty links, and a sugar maple south eighty eight degrees east seventeen links. * An Iron Monument was set in 1878 by the United States to mars this corner. It is 0.55 feet too far south, f Error, East. 18 Chains Diet. of Qualities. 344 [Senate 320 At three hundred and twenty chains a sugar maple post from which three bounded trees bear, a sugar maple north sixty degrees west thirty six links, another sugar maple south sixty degrees east eleven links, and another sugar maple north twenty five degrees east forty live links. 360 At three hundred and sixty chains a beech post from which three bounded trees bear, a birch* north nine degrees west thirty two links, and a beech south sixty seven degrees west sixty one links. 400 At four hundred chains a beech post from which three bounded trees bear, a hemlock north fifty nine degrees west thirty links, another hemlock* south forty degrees west six links, and another hemlock south eighty degrees east twentyseven links. 440 At four hundred and forty chains a sugar maple post from which two bounded trees bear, a beech south thirty three degrees west thirty seven links, and a sugar maple south five degrees east thirty four links. 410 Four hundred and eighty chains to a chesnut. post being the southeast corner of said Township and the southwest corner of Township N° 1 in the seventh Range from which post two bounded trees bear, a sugar maple north thirty two degrees thirty minutes east fifty six links, and a birch north sixty one degrees west forty links. Thence running from the aforesaid chesnut post North Range 8 Remarks on Township N° 1 in the 8 th Range Beginning at a white oak post [etc , as above] and Commencing with Upland of the 2 d Quality Timber black and white oak and white pine. Thence ascending a hill facing westerly to the top of said hill not too steep for cultivation to the descent of said hill facing easterly to the bottom of said hill too steep for cultivation to. a run running northeasterly and to the Commence- ment of Upland of the 1 quality Timber black and white oak cucumber and maple, to a run running northeasterly f * Vigorous in 1884. f Should be * south-easterly. 60 Chains ^-43 Cli. 50 Links. ,—64 Chains 50 Links No. 71.] 7 345 2 3 17 8 4 8 2 21 5 10 6 1 1 9 2 3 5 11 8 7 . . to another run running northwesterly* and to the ascent of a hill facing southeasterly,* Thence ascending . . to an iron wood post . . to a spring running southeasterly Thence still gently ascending . . to the Top of said hill and to the descent of the same facing southeasterly easterly and northeasterly . . to the bottom of said hill not too steep for cultivation . . to the descent of a hill facing northeasterly Thence descending . . to a Sugar maple post 50 to the bottom of said hill not too steep for cultivation, to a run running northeasterly f to the ascent of a hill facing northerly]- & to the commencement of Upland of the 2 d quality Timber black and white oak chesnut, white pine, &c. . . to the top of said hill too steep for cultivation and to the descent of the same facing easterly. Thence descending 75 to the 182 d mile Stone Thence still descending 75 to a sugar maple post . . to the bottom of said hill too steep for cultivation, to a run running northeasterly^ and to the ascent of a hill facing southwesterly 50 to the top of said bill not too steep for cultivation and to the descent of the same facing northeasterly J 50 to the bottom of said hill not too steep for cultivation to a run running north westerly § . . to the ascent of a hill facing northwesterly and north- erly . . to the top of said hill too steep for cultivation . . to the descent of the same hill facing northeasterly . . to the bottom of said hill too steep for cultivation & to a run running northerly! 50 to the ascent of a hill facing northwesterly 50 to the top of said hill not too steep for cultivation to a sugar maple post and to the descent of said hill facing southeasterly and easterly 50 to the bottom of said hill too steep for cultivation to a run running northeasterly^ and to the ascent of a hill facing north-westerly 50 to the top of said hill not too steep for cultivation . . to the descent of said hill facing southeasterly and southerly thence descending * Should be “ south westerly,” and “ north-westerly.” t Should be “ south-easterly” and southerly.” i Should be “ south-easterly.” § Should be “ south-westerly.” I Should be “ southerly.” ^ Should be “south-westerly.” [Sen. Doc. No, 71.] 44 346 [Senate 6 Cfi .£ *« 6 l 7 25 15 10 03 97 r/5 CM l 12 5 m 25 7Z c rj ^ 12 50 50 50 50 CO c rH L co •S 6 CO l 1.. 1 .. 50 50 4 to the 181 st mile stone Thence still descending to a white pine post too steep for cultivation to the bottom of said hill not too steep for cultivation to a white pine post to the Commencement of Upland of the 1 st quality Timber, oak sugar maple andchesnut to the descent of a hill facing southeasterly and to the commencement of Upland of the 2 d quality Timber black and white oak, beech, chesnut white pine hemlock & birch to the bottom of said hill not too steep for cultivation and to a run running northeasterly to the ascent of a hill facing northeasterly* thence as- cending along the side of said hill to a sugar maple post to the top of said hill facing westerly too steep for cul- tivation to the descent of a hill facing southeasterly Thence descending to a Sugar maple post not too steep for cultivation to the bottom of said hill too steep for cultivation to a run running northeasterly to the Commencement of Upland of the 1 st quality Timber sugar maple beech & birch to a run running northeasterly and to the ascent of a hill facing northwesterly and to the Commencement of Upland of the 3 d quality to the top of said hill too steep for cultivation and to the descent of the same facing southeasterly to the bottom of said hill too steep for cultivation and to a runf running northwesterly and to the Commence- ment of Upland of the 2 d quality Timber sugar maple, beech, hemlock, and birch to a run running northwesterly^; * Should be “ north-westerly. ” fWolf Run. % Milestone 179 was found standing a little east of this point. No. 71.] 347 m 2 *c8 *> 6 35 CO ko 7 3 5 7 10 6 1 10 6 23 . . to a beech post . . to the same run running southwesterly . . to a beech post and to the ascent of a hill facing west- erly and southwesterly . . to the top of said hill not too steep for cultivation . . to the descent of said hill facing southeasterly and easterly . . to the bottom of said hill not too steep for cultivation . . to the ascent of a hill facing westerly and southwesterly . . to the top of said hill not too steep for cultivation 50 to the 178 th Mile Stone and to the descent of said hill facing easterly Thence descending 50 to a sugar maple post . . to the bottom of said hill not too steep for cultivation 50 to a run* running northerly 50 to a chesnut post being the southeast corner of said Township Explored the 15 th day of October 1798 [See also Small Field Book N°. 22. J [Note. — The topography upon the first three miles of this township is somewhat mixed in this record.] XIII. Surveyed [T. 1, R, 9.] [West Part of South Valley, Cattaraugus Co., — 1 R. S. 366 (6th ed.)] Beginning at a beech post standing in the north boundary line of the State of Pennsylvania being the southwest corner of said Township and the southeast corner of Township N° 1 in the tenth Range from which post two bounded trees')* bear, a white pine north thirty six degrees east forty five links and a poplar north seventy nine degrees west forty nine links. Thence running from the afore- said beech post East bounding south on the north boundary line of the state of Pennsylvania aforesaid 10 At forty chains a beech post from which two bounded trees bear, a sugar maple north seventy one degrees west twenty seven links, and a chesnut north thirty five degrees east twenty one links. 80 At eighty chains a beech post from which three bounded * South Branch of Quaker Run. f Witnesses identified in 1870 by Mr. Hinckley. (South-east corner of Chautau- qua county.) 348 [Senate trees bear, a hemlock north seventy nine degrees west forty five links, another hemlock north fifteen degrees west twenty two links, and a beech north nineteen degrees east twenty links. 120 At one hundred and twenty a birch post from which two bounded trees bear, a beech north thirty eight degrees west thirty four links, and a hemlock north thirty seven degrees east twenty three links. 160 At one hundred and sixty chains a beech post from which three bounded trees bear, a beech north eighty degrees west thirty two links, another beech north twelve degrees west twenty five links, and another beech north forty five decrees east thirty three links 200 At two hundred chains a beech post from which two bounded trees bear, a white pine north forty one degrees west forty five links, and a hemlock north twenty one degrees east twenty one links. 240 At two hundred and forty chains a hemlock post from which three bounded trees bear, a hemlock north forty one degrees west thirty two links, a white pine north nine degrees west twenty five links, and a hemlock north seventy eight degrees east twenty six links. 280 At two hundred and eighty chains a beech post from which two bounded trees bear, a beech north twenty nine degrees west twenty eight links, and another beech north six degrees east twenty three links. 320 At three hundred and twenty chains a sugar maple tree from which three bounded trees bear, a beech north fifty one degrees west forty six links, a sugar maple north thirty degrees east forty one links, and a basswood north sixty two degrees east twenty five links. 343 Three hundred and forty three chains to a beech post being a corner of said Township and the south-westernmost corner of Allegany Reservation* from which post seven bounded trees bear, a hemlock north five degrees east twenty links another hemlock north twenty degrees east fifteen links, another hem- lock north fifty four degrees west twenty nine links, another hemlock south seventy one degrees west twenty three links, a beech south twenty nine degrees thirty minutes west twenty eight links, another beech south three degrees west twenty four links & another beech south sixty eight degrees east twenty seven links. Thence running from the aforesaid beech post - North six degrees East * Marked in 1884 by a Granite Monument, with the U. S Iron Monument North of it. 201 Chains ^69 Chains Dist. of Qualities No. 71.] 349 Range 9 Beginning at a beech post [etc., as above] and Commencing with 5 8 7 10 10 5 24 4 4 22 23 1 2 3 4 . . to 7 . . to 5 . . to 10 50 to to 24 50 to 13 50 to 26 50 to 4 ... to 11 . . to 25 . . to 6 . . to 4 . . to to 62 38 -Upland of the 2 d quality Timber black oak chesnut, white pine and sugar maple. Land stony. to the descent of a hill facing southeasterly to the bottom of said hill not too steep for cultivation to the ascent of a hill facing southwesterly to the top of said hill too steep for cultivation to a beech post to the descent of a hill* facing southeasterly to the bottom of said hill not too steep for cultivation, to a runf running northeasterly and to the ascent of a hill facing nortli westerly facing westerly to the top of said hill too steep for cultivation to the descent of a hill facing southeasterly Thence descending to a hemlock post to the bottom of said hill not too steep for cultivation, and to a run running northeasterly to the 186 th Mile Stone to a run| running northeasterly to the ascent of a hill facing northwesterly Thence ascending * Robbins Hill. f State Line Run. Milestone 188 is a short distance east of the second inter- section. X State Line Run, 350 [Senate 10 . . to a beech post 11 50 to the top of said hill not too steep for cultivation 5 50 to the descent of a hill facing southeasterly. Thence descending 23 . . to a sugar maple tree 1 50 to the bottom of said hill not foo steep for cultivation 3 50 to a run running northeasterly 13 50 to the ascent of a hill facing northwesterly 2 50 to the top of said hill not too steep for cultivation 2 . . to a beech post being a corner of said Township .... Explored the day of JOSEPH ELLICOTT } itdC” [See also Small Field Book N°. 23.] [The Allegany Indian Reservation, the south end of which comprises the re- maining 137 chains of the south line of Township 1, Range 9, was surveyed in Sept., 1798, by Richard M. Stoddard, whose notes are contained in small Field Book N°. 49. The South-west corner of the Reservation is 4 46 chains West of Mile- stone 185.] XIV. Surveyed Township N° 1 in the 10^ Range [Carroll and small part of Kiantone, Chautauqua Co. — 1 R. S. 367 (6 th ed ).] Beginning at an Iron wood post standing in the North boundary Line of the State of Pennsylvania it being the South west corner of said Township, also the Southeast corner of Township N° 1 in the eleventh Range from which post four hounded trees bear ; an Elm* north fifty seven degrees west thirty six links another Elm* south fifty five degrees west thirteen links; a Sugar Maple north thirteen degrees Cast forty seven links; and an Iron wood South seventy four degrees east twenty five links ; and thence running East bound- ing south on the north boundary Line of the State of Pennsylvania aforesaid — [at forty chains, a Maple Post from which two bounded freest bear; a White Oak north thirty eight degrees west twenty nine links*; and a Hickory north thirty five degrees east forty seven links; at eighty chains a Hickory Post from which two bounded trees bear; a Cucumber wood north fifty two degrees west twenty eight links ; and a White Pine north one degree east fifty two links ; at one hundred and twenty chains, a Birch Post from which two bounded treesf hear; a Birch north forty degrees west eleven links; also another Birch north seventy three degrees east twenty five links; one hundred and thirty three chains to west bank of the *Elm stumps identified in 1870 by O. D. Hinckley. Gone in 1878. f Identified in 1870 by Mr. Hinckley, No. 71.] 351 Canawango River, at one hundred and thirty five chains and eighty one links across to the east side of the aforesaid river at one hundred and sixty chains a white pine post from which two bounded trees* * * § bear, an Hemlock north twenty degrees east nine links ; also another Hemlock north fifty live degrees west thirty seven links ; at two hundred chains a white Ash Post from which two bounded trees bear, a Sugar Maple north fifty two degrees east twenty two links also another Sugar Maple north forty five degrees west thirty eight links; at two hundred and forty chains, a White Ash Post from which two bounded trees]* bear, a White Pine north thirty degrees east fifty three links ; also another White Pine north three degrees East forty six links ; at two hundred and eighty chains, a Chesnut Post from which two bounded trees bear, a ChesnutJ north forty five degrees west thirty two links ; and a White Ash:): north sixty five degrees east fourteen links ; at three hundred and twenty chains, a red Oak Post from which two bounded trees bear ; a White Oak§ north forty two degrees west seven links; and a Ches- nut north sixty six degrees east eleven links ; at three hundred and sixty chains, a Maple tree from which two bounded trees bear ; a Maple north thirty one degrees east thirty five links ; and an Hem- lock north thirty five degrees west twenty one links; at four hundred chains, a Beech Post from which two bounded trees bear ; an Plemlock north two degrees west nineteen links; also another Hemlock north forty seven degrees east fifty three links; at four hundred and forty chains, a Beech Post from which two bounded trees] bear ; a Beech north seventy one degrees east twenty two links ; also another Beech north seventy three degrees west eight links ; ] — four hundred and eighty chains, to a Beech Post being the southeast corner of said Township also .the southwest corner of Township X?. 1 in the ninth Range from which Post two bounded trees bear; a White Pine north thirty six degrees east forty five links and a Poplar north seventy nine degrees west forty nine links; Thence running from said Post North * Identified in 1870 by Mr. Hinckley. f Stumps of Witness trees identified in 1870 by Mr. Hinckley. % White Ash Witness and Chestnut stump identified by Mr. Hinckley in 1870. § Down in 1870, identified then by Mr. Hinckley. Mr. H.’s stake was replaced with a granite monument in 1884. I Both standing in 1878. 5 Chains , — 7 Chains , — 44 Chains , — 36 Chains , 50 Chains Dist. of Quai ls . 352 [Senate Range 10th Remarks on Township JV?. 1. Beginning at an Iron wood Post [etc., as above] Commencing with Upland of the l? k . quality timbered with Sugar maple Elm Iron wood Cherry and Cucumber wood Hickory Pine &c 5. . . . to the ascent of a side hill facing northerly 35 . . . . to a Soft Maple Post on the side of said hill 10 . . . . to the commencement of — Up Land of the 2?. d quality timber White Oak Red Oak White Pine & Hickory 30 . . . . to an Hickory Post on the side of the above mentioned hill 2.. . the bottom of the aforesaid hill fit for tillage 4 . . . . to the commencement of — - a Swamp* Miry timber Black Ash 34. . . . to a Birch Post standing in said swamp 10 . . . . to the Commencement of — Bottom Land of the 2" d quality timbered with BeechElm Basswood Birch &c 3 . . . . to the west brink of the Canawongo River 2 . . 81 across to the east bank of said River nine Perches wide running southeasterly 1 . . 19 to the commencement of 16.. Bottom Land of the ltf quality timber Basswood Hickory Beech & Sugarmaple 50 to a small run Running southwesterly 50 to the commencement of Bottom Land of the 21 d quality timber Beech Hemlock Elm Basswood Birch and Black Ash . . to a White Pine Post *Conewango Swamp. No. 71.] 353 03 5.. .2 8. . 50 c3 2. . o CM 6.. 50 l ♦| 6.. 50 § 9.. 50 tH i o CO CM 26 m 3 9 3 o i o l l 19 a 1 i—l CN L oq 6 8 oo to a small run Running southwesterly to a small run Running southerly to another small run Running southerly to a small run Running southerly to the commencement of Up Land of the 1?* quality timber White Pine Sugarmaple Beech Elm White Ash and Hemlock to a small run Running southwesterly and the ascent of a side hill facing southerly to a White Ash Post on the side of said hill to the Commencement of Up Land of the 2?. d quality timber White Pine soft Maple Beech White Oak Red Oak and Hickory to the bottom of said hill not too steep for tillage and to a small run Running southwesterly likewise the ascent of a hill facing west ascending to the top of said hill not too steep for till- age and the commencement of O m Up Land of the 1?* quality timber White Oak Chesnut Red Oak Hickory Maple to a White Ash Post and the commencement of Up Land of 2? d quality timber Hickory White Oak White Ash Beech &c to the ascent of a hill facing northwesterly ascending said hill to the top fit for tillage thence de- scending to the bottom of said hill facing southeasterly to a small run Running southwesterly likewise the com- mencement of Up Land of the 3T d quality timber a before described thence ascending a hill steep and stony unfit for tillage to the commencement of [Sen. Doc. No. 71.] 45 59 Chains r— 44 Chains? , — 10 Chains , — 17 Chains ^-11 Chains 354 [Senate — Up Land of the 2"? quality timber as last above described still ascending the last mentioned hill facing west not steep 11.. .. to a Chesnut Post on the top of said hill and the Commencement of — Up Land of the 1^ quality timber Chesnut Hickory Beech Cucumberwood &c 17. . . . to the descent of a hill and the commencement of — Up Land of the 3# quality timber the same as before described 10 . . . to the bottom of the aforesaid hill facing northeasterly too steep for tillage to a small run bearing southeasterly likewise the commencement of Up Land of the 2 n .? quality timber White Oak Chesnut Red Oak Hickory &c to the ascent of a hill facing southwesterly to a Red Oak Post on the side of said hill to the bottom of said hill facing southeasterly and to a small run Running southwesterly, likewise the ascent of a hill facing northwesterly to the top of said hill thence descending along the side of a hill facing south to the commencement of — Up Land of the 31'? quality timber as above described ascending the aforesaid hill too steep for Cultivation 7. . . . to a small run* Running south and to the ascent of a hill facing northwesterly 2. . . . to a soft maple tree on the side of said hill 10. . . . to the top of said hill too steep for tillage thence de- scending along a side hill facing southerly 30 . . . . to a Beech Post on the side of said hill 7. . , . to the bottom of the aforesaid hill facing southeasterly steep and stony and to a small run Running south- westerly likewise to the ascent of a hill facing northerly 3 . . - - ascending said hill too steep for tillage to the commence ment of *Storekouse Brook. No. 71 .] 355 CO e 3 * O 7 § 18 Up Land of the 2“? quality timber Hemlock Beech Sugarmaple Birch &c to a spring run .Running south-easterly to a spring on the side of the aforesaid hill to a Beech Post on the side of said hill to the top of said hill not too steep for tillage CO 11 O to the summit of a hill thence descending to a Beech Post being the southeast corner of said Township t Explored the 7 th day of August, 1798. [See also small Field Book N°. XV. Surveyed Township N° 1 in the ll tt Range. [Eastern part (4 lots) of Busti, and Western part (4 lots) of Kiantone, Chautauqua Co. — 1 R. S. 366-7, (6tn e d.).J Beginning at a Sugar Maple post standing in the North boundary Line of the State of Pennsylvania it being the Southwest corner of said Township and the Southeast corner of Township N° 1 in the twelfth Range from which post two bounded trees bear a Sugar Maple North twenty five degrees West seventy seven links also an- other Sugar Maple North twenty nine degrees East ten links. And Thence running from the aforesaid post East bounding South on the North boundary line of the State of Pennsylvania aforesaid — [At forty chains an Iron wood post from which two bounded trees bear a Beech North fifty two degrees East forty five links, also another Beech North fifty three degrees West twelve links : at eighty chains an Iron wood post from which three bounded trees bear, a Sugar Maple North eighty one degrees East twenty six links, an- other Sugar Maple North ten degrees East twenty seven links also a Beech North thirty six degrees East twenty four links: at one hundred and twenty chains, an Iron wood post from which two bounded trees bear a Sugar Maple North seventy five degrees East forty six links, also a Beech North five degrees West five links : at one hundred and sixty chains a Beech Post from which three bounded trees bear a Beech North fifty nine degrees West thirteen finks another Beech North twenty degrees East twenty links, also another Beech North twenty eight degrees West twenty finks : at two hundred chains a Beech post from which two bounded trees bear a Beech North twenty two degrees East ten finks, also another Beech* North fifty eight degrees West thirty nine finks : at two * Identified in 1870, by Mr.' Hinckley who set a stake from it. Tree down in 1884, Stake replaced by a granite monument. 356 [Senate hundred and forty chains a Beech post from which three bounded trees bear, a Sugar Maple North fifty nine degrees West twenty links, an Elm* North fifteen degrees West twenty seven links, also a Beech* North twenty three degrees East thirty eight links : at two hundred and eighty chains, an Iron wood post from which two bounded trees bear a Beech North nineteen degrees West thirty six links also another Beech North twenty seven degrees East thirty five links : at three hundred and twenty chains an Iron wood post from which three bounded trees bear a Beech North sixty six degrees East fourteen links, an Iron wood North thirteen degrees East thir- teen links, also a Sugar Maple North six degrees West twenty three links : at three hundred and sixty chains a Sugar Maple post from which two bounded trees bear a Sugar Maple North twelve degrees West twenty four chains, also another Sugar Maple North seven degrees East forty one links: at four hundred chains a Beech post from which three bounded trees bear an Iron wood North fifty eight degrees West twenty two links, a Beech North twenty four degrees East six links, also a Sugar Maple North fifty degrees East thirty seven links : at four hundred and forty chains a Beech post from which two bounded trees bear a Sugar Maple North thirty four degrees West fifty links, also another Sugar Maple North six- teen degrees East twenty three links : ] — Four hundred and eighty chains to an Iron wood Post being the Southeast corner of said Township, and the Southwest corner of Township N.° 1 in the tenth Range, and from which post four bounded trees bear, an Elm North fifty seven degrees West thirty six links, another Elm South fifty five degrees West thirteen links, an Iron wood South seventy four degrees East twenty five links, also a Sugar Maple North thirteen degrees East forty seven links : and running Thence from the afore- said post North m CL> o co S Range 11th Remarks on Township JV° 1 Beginning at a sugar maple post [etc., as above] m co a rid ‘S .2 Commencing with Upland of the quality timber sugar maple, Beech, Basswood, Elm and Iron- wood, 9. . — to a rivulet bearing Northeasterly, 18. . 50 to another rivulet bearing Northwesterly, 12. . 50 to an Ironwood post, 40 . . to another Ironwood post, 1 Mile 40 . . to another Ironwood post, * Both down in 1870, but were identified by Mr. Hinckley. No. 71.] 357 4.. 50 32.. 15 3.. 35 40 — 40 — 8.. 50 31. . 50 13.. 50 2. . 50 24 — 40 — 21 19 — 40 — 10 — 7.. 50 1 21. . 50 to a small run bearing to the Northeast, to a Beech tree marked 199 miles of the Pennsylvania Line. to a Beech post, 2 Miles. to a Beech post, Land continues level, to a Beech post, 3 Miles. the same running southeasterly, at recross the same again bearing Northeaster] to an Ironwood post, 4 Miles, to a sugarmaple post, Land continues level. to a small run bearing southeasterly to a creekf 1 perch wide, bearing to the North to another creek;); running as above. and to the ascent of a very steep bank facing Westerly, said township, Explored the 19H 1 day of Iuly 1798 [See also small Field Book X 0 . 30. . XYI. Surveyed Township N? 1 in the 12 Range. [Eastern part (2 lots) of Harmony, and western part (6 lots) of Busti, Chautau- qua Co. — 1 R. S. 869, 368 (6th e d.).] Beginning at a Beech post standing in the north boundary line of the State of Pennsylvania it being the south west corner said Township and the southeast corner of Township N? 1 in the thir- teenth Range from which post two bounded trees bear ; a Beech . north ten degrees east, thirty five links, and a Cucumber north sixty eight degrees west thirty eight links, and thence running East from the said post bounding south on the north boundery line of the State of Pennsylvania aforsaid — [At forty chains a Sugar maple post from which two bounded trees bear; a Sugar maple north fifty eight degrees east ten links, also another Sugar maple north forty five degrees west fifty three links ; at eighty chains a Sugar maple post from which two bounded treesg bear a Beech north twelve de- grees west thirty two links, a Sugar maple north forty three degrees * York Run. f Kiantone Creek. :}: Spiritual Spring. § Stumps identified in 1870 by Mr. Hinckley, 358 [Senate east forty seven links ; at one hundred and twenty chains a Beech post from which two* bounded trees bear a Bass north thirty two degrees east thirty eight links a Beech north Sixty six degrees east twenty seven links ; at one hundred and sixty chains a Basswood post from which two bounded treesf bear a Sugar maple post north fifty four degrees east forty nine links and another Sugar maple north forty eight degrees west fifty seven links; at two hundred chains a Bass wood post from which two bounded trees bear a Sugar maple north fifty four degrees east twenty eight links and a Beech north forty degrees west thirty one links ; at two hundred and forty chains a Sugar maple post from which two bounded trees bear a Beech north fifty six degrees east eighteen links and a Bass north fifty two degrees west thirty six links ; at two hundred and eighty chains an Iron wood post from which two bounded trees bear, a Beech north forty degrees west thirty eight links also another Beech north forty nine degrees east fifty one links ; at three hundred and twenty chains a Bass wood post from which two bounded trees bear; a Sugar maple north sixty eight degrees East twenty links and a white Ashf north eight degrees west forty links ; at three hun- dred and sixty chains a Beech post from which two bounded trees bear a Sugar maple north fifty three degrees east eleven links, also another Sugar maple North thirty five links ; at four hundred chains a Sugar maple post from which two bounded trees bear a Beech north forty four degrees east twenty one links and a Sugar maple north two degrees east fifty five links; at four hundred and forty chains an Hemlock post from which two bounded trees bear ; a Beech north twenty nine degrees west twenty one links and an Hemlock north three degrees west thirty links] — Four hundred ' and eighty chains to a Sugar maple post being the southeast cor- ner of said Township and the south west corner of Township N? 1 in the eleventh Bange and from which post two bounded trees bear; a Sugar maple north twenty five degrees west seventy seven ,links also another sugar maple north twenty nine degrees east ten links and thence running from said post north * Bass, and Beech stump, identified by Mr. Hinckley in 1870. f Identified in 1870 by Mr. Hinckley. -SChaius r— 125 Chains / — 35 Chains r— 5 Chains r— 80 Chains Distances N o. 71.] 359 Range 12tii REMARKS on TOWKSHIP 1. Beginning at the South-west Corner [etc., as above,] in •3 JS Commencing with Up Land of the 1~ quality q 3 Timbered with Sugar maple Beech, Bass, Elm, Cucum ber and Cherry. 23. . to a small run running northerly. 17. . to a Beech Post standing in a small run running northerly. 39. . 50 to a small Run running northwesterly . . 50 to a Sugar maple Post. Land level, and to the Commencement of — Bottom Land of the 1 st quality. Timbered as before 5 . . to the Commencement of — Up Land of the 1~ quality. Timbered with Sugar maple, Bass, Beech, cherry, Ash and Cucumber. 35 . . to a Beech Post Land still continues level. 7. . to a small Run running south Easterly 23 ' to a small Run running Southwesterly 10.. to a Bass wood Post. Land continues level. Timber Sugar Bass Cucumber, Elm, Cherry and Beech. 40 . . to a Bass wood Post. 35 . . to the ascent of a Hill. 4 . . descends gradually to the bottom of said Hill, facing Easterly. 1 . . to a Sugar maple Post. 5 . . to the Commencement of — Bottom Land of the 2? quality. Timber as before. 5. .* • to a small run running southeasterly 3. . to the ascent of a Hill, and the commencement of 1 360 [Senate co Up Land of the 2 d quality. c Timber Beech, Ash, Iron wood, and Bass wood. 3 7 . . to the top of said Hill facing South westerly, not too g Steep for Cultivation, co 16. . to the descent of a Hill northeasterly | 1 . . 50 descends gradually to a small run at the bottom run- ning southeasterly, and the Commencement of 3 o lO 03 O 2 co l 03 o co iO l 10 .. 37.. 3.. 3.. 16.. 11 .. O'! L Up Land of the 1# quality. Timbered with Sugar maple Ash, Bass, Oak & Beech. 50 to an Iron wood Post, to the descent of a Gully. descending gradually to a small run at the foot of the Hill running southwesterly, rising gradually from the run to the top of the oppo> site side of said Gully. to a Bass wood Post. to a small run running Southeasterly to a Beech Post. Land level. to a small run running Southeasterly, and the Com- mencement of Up Land of the 2 d quality. Timbered with Poplar, Oak, Chesnut, white Pine, Bass, and Hemlock. — to the descent of a Hill. — to a small Spring run running southeasterly down the side of said Hill. — still descending said Hill to a sugar maple Post. Continues descending to the bottom of the Hill facing Easterly, not too steep for Tillage, and the Commencement of Bottom Land of the 2 d quality. Timber Beech Sugar maple white Ash, white Pine, But- ternut, and Hemlock. — to a small Creek* two Perches wide running northerly 75 Cross the said Creek running Easterly. 25 to the said Creek running northerly to an Hemlock Post, to the Commencement of a miry Swamp. * Stillwater Creek. 361 Timbered witli black Ash. to the Commencement of Up Land of the 25 quality. Timbered with Hemlock, Birch, and Beech, to the Commencement of Up Land of the lfi quality, Timbered with Sugar maple white Ash, Bass, and Beech. To a Sugar maple Post, being the South East Corner of said Township Explored the 4 th day of Iuly 1798 [See also small Field Book N°.34.J XVII. Surveyed Township N° 1, in the 13th Range. [Western part of Harmony, Chautauqua Co. — 1 R. S. 368 (6th ed.).] Beginning at a Sugar maple tree standing in the north boundary line of the State of Pennsylvania it being the southwest corner of said Township and the southeast corner of Township A 7 " 1 in ‘the fourteenth Bange from which sugar maple two bounding trees bear as follow, a Beech north forty nine degrees east thirty nine links and a white pine* north eighty three degrees west forty one links and thence running East from the said sugar maple bounding south on the aforesaid line [At forty chains a sugar maple post from which two bounded trees bear as follow a sugar maple east eight links also another sugar maple north seventy three degrees west twenty two links ; at eighty chains a Beech post from which two bounded trees bear as follow, a Beech north twelve degrees east thirty links also another Beech north twenty three degrees west seventeen links ; at one hundred and twenty chains a Beech post from which two bounded trees bear as follow a Beech north sixty two degrees east fifty four links also another Beech north forty seven degrees east thirty two links ; at one hundred and sixty chains a sugar maple post from which two bounded trees bear as follow a Sugar maple north thirty five degrees west four links and a cherry north fifty eight degrees east twenty- mo. 71.] .5 5 O 12 . CO .£ o o 10 15 . * Stump identified in 1870 by Mr. Hinekley; remains of it to be k found in 1884. [Sen. Doc. No. 71.] 46 362 [Senate live links; at two hundred chains a Beech post, from which two bounded trees bear as follow a Sugar maple north thirty five degrees east sixty one links also another sugar maple north fifty five degrees west twenty six links; at two hundred and forty chains a Beech post from which two bounded trees* bear as follow a Beech north twenty four degrees east twenty five links and a Sugar maple north two degrees east thirty two links ; at two hundred and eighty chains a Beech post from which two bounded trees bear as follow a Sugar maple north sixty two degrees east twenty six links also another sugar maple north forty nine degrees west thirty eight links; at three hundred and twenty chains a Black ash post from which two bounded trees bear as follow a Hemlock north twenty six degrees east nineteen links and a black ash north eighty degrees west twenty links ; at three hundred and sixty chains a hemlock post from which two bounded trees* bear as follow, a Beech north ten degrees east twelve links and a hemlock north twenty one degrees west eighteen links ; at four hundred chains a Beech post, from which two bounded treesf bear as follow a Beech north four- teen degrees east twenty nine links also another Beech north nine- teen degrees west seven links; at four hundred and forty chains a Beech post, from which two bounded trees bear as follow a sugar maple north eighty four degrees west twelve links and a Beech north seventy four degrees east forty six links ; ] four hundred and eighty chains a Beech post being the South east corner of said Township and the south west corner of Town JV° 1 in the twelfth range from which post two bounded trees bear as follow a cucum- ber north sixty eight degrees west thirty eight links and a Beech north ten degrees east thirty five links and thence running from the said post North Range 13 tli Beginning at the southwest corner [etc., as above.] a Commenceing with Upland of the 22 Quality 2 timbered with sugar maple Beech Hemlock and Cu- cumber — 6 — 50 to a small run running south Easterly 0 13 50 to the commencement of CM l Upland of the 1~ quality * Identified in 1870 by Mr. Hinckley, both down and decayed; Mr. H.’s red beech stake was standing in 1884. f Identified in 1870 by Mr. Hinckley. 14 Chains r— 32 Chains <--28 Chains —38 Chains , — 14 Chains ,—30 Chains No. 71.] 363 timbered with sugar maple Beech Cucumber Asli and Chesnut 20 — to a Sugar maple post 2 — to the descent of a hill 5 descending said hill to the bottom facing easterly not too steep for Cultivation 3 — to the commencement of — Up Land of the 22 quality timbered with Beech Hemlock and Birch 3 — 50 to a run one perch wide running South Easterly 10 — 50 to the ascent of a hill 11 — ascending said hill to the top facing north west not too steep for tillage 2 — gradually descending said hill to the bottom facing South East 3 — to a Beech post 20 — to the Commencement of — Upland of the I s . 1 . quality timbered with sugar maple poplar Beech Cherry and Black Oak 7 — to a small run running North East 13 — to a Beech post the Land Continueing level 8 — to the commencement of — Upland of the 22 quality timbered with Hemlock Beech and Sugar Maple 10 — to the descent of a Hill. 4 — descending said hill to a small spring run running Northerly 3 — descending the hill from said run to the bottom facing Easterly not too steep for tillage 3 — crossing said spring run running South East 12 — to a Beech Post — and to the Commencement of — Upland of the 32 quality timbered with Hemlock and Beech 6 — to the descent of a gully 2 — descending the said gully to the Bottom facing East- terly too steep for Cultivation and to a small run running South — 50 to the ascent of a hill 3 — 50 ascending said hill the top facing westerly too Steep for tillage 2 — descending said hill to the bottom facing East too steep for Cultivation likewise to the ascent of another hill -30 Chains ,—11 Chains , — 11 Chains , — 4 Chains ,—19 Chains ,—25 Chains ,—19 Chains r—7 Chains 364 [Senate 7 — ascending said hill to the top facing N ortli Westerly too steep for tillage and to the commencement of — Upland of the 2? quality timbered with Beech Black Oak and Pine 19 to a Beech Post and to the Commencement of — Upland of the i?* quality timbered with sugar maple ash Black Oak and Chesnut 10 — to the descent of a hill 15 — descending said hill to the bottom facing Easterly not too steep for Cultivation and to the Commencement of — Bottom Land of the 2? quality timbered with Beech sugar maple Birch and Hemlock 4 — - to a small run running northerly 11 — to a Beech post 4 — - to the commencement of — A swamp timbered with Black Ash not miry 4 : — to the commencement of — Bottom land of the 2? quality timbered with Beech Sugar maple & Hemlock 11 — to the ascent of a hill and to the commencement of — Upland of the Equality timbered with Beech and Sngarmaple 11 — ascending the said hill to the top facing Westerly not too steep for tillage and to the commencement of — Upland of the 1?? quality timbered with ash sugar maple Beech Basswood and poplar 10 — to a Beech post 10— to the descent of a hill 5 — descending said hill to the bottom facing .North Easterly not too steep for tillage 5 — to the Commencement of No. 71.] 365 m o 5— L cc *«s 6 O tH i CO o iO 5— 10 — rH L co l 30— 13— L 1— 2— 17— 3— Bottom land of the 2? quality timbered with Hemlock and Beech to the commencement of Bottom land of the ltf quality timbered with Basswood Butternut Elm and Hemlock to a stream* two perches wide running Southeasterly to the commencement of Bottom land of the 2 d quality timbered with Hemlock Beech Bass & Sugar to a Black ash post to the commencement of Upland of the 2^ quality timbered with Beech Sugar maple Hemlock and Bass- wood to an Hemlock post to the descent of a hill and to the commencement of Upland of the 3? quality timbered as before descending said hill to the bottom facing South easterly too steep for tillage to a small runf running South-westerly to the said run running NorthWest to said run bearing SouthWest to the aforesaid run running North west and to the commencement of Upland of the 2 d . quality timbered with Hemlock Sugar maple and Beech to a Beech post to the commencement of Upland of the 1?^ quality timbered with Beech Sugar maple poplar and Ash to a small run running North Easterly to a small runf running Northerly to the ascent of a hill facing West * Little Brokenstraw Creek. f Deer Lick. 366 [Senate ascending said hill to the top not too steep for Culti- vation to Beech post the land continues level and timber the same to a Beech post being the south East Corner of said Township Explored the 2 d day of Iuly 1798 [See also small Field Book N°. 35.] XVIII. Surveyed Township N° 1 in the 14 th Bange. [Clymer, Chautauqua Co. — 1 It. S. 367, 369 (6th ed.).] Beginning at a Beech Post at the Southwest corner of the afore- said Township which is also the Southeast corner of Township N° 1. in the fifteenth Bange, from which post four bounded trees bear as follow, a Beech North thirty five degrees east eighteen links ; another Beech North twenty four degrees west forty four links ; another Beech South thirty one degrees west twenty seven links ; also another Beech South thirty three degrees east thirty four links ; thence run- ning East bounding south on the North boundary line of the State of Pennsylvania* (At forty chains, a Beech Post from which two bounded trees bear as follow, a Beech North fifty degrees east forty three links; also another Beech North twenty eight degrees west twenty six links ; at eighty chains, a Beech Post from which two bounded trees bear as follow, a Beech North forty four degrees west thirty seven links ; and a Sugar Maple North forty seven degrees east forty eight links ; at one hundred and twenty chains, a Beech Post from which two bounded trees bear as follow, an Hemlock North forty two degrees east forty one links ; also another Hemlock North fifty six degrees west twenty six links; at one hundred and sixty chains, a Sugar Maple Post from which two bounded trees bear as follow, a Sugar Maple North thirty four degrees east seven links ; and a Beech North fifty seven degrees west thirty eight links ; at two hundred chains, a Sugar Maple Post from which two bounded trees bear as follow, a Bass wood North twenty two degrees west twenty nine links ; and a Beech North sixty eight degrees east thirty links; at two hundred and forty chains a Cucumber wood Post from which two bounded trees bear as follow, a White Ash North twenty three degrees east six links; and a Sugar Maple North forty two degrees east fifteen links ; at two hundred and eighty chains a Beech Post from which two bounded trees bear as follow, a Beech North forty five degrees west twenty seven links ; and also another Beech North fifty six degrees east thirty five links ; at three hun- dred and twenty chains, a Sugar Maple Post from which two No. 71.] 367 bounded trees bear as follow, a Sugar Maple. North nine degrees east thirty seven links ; and a White Pine North seventeen degrees west fifty five links ; at three hundred and sixty chains, a Black Ash Post from which one bounded tree bears as follows, a Black Ash North ten degrees west seventeen links; at four hundred chains a Beech Post from which two bounded trees bear as follow ; a Sugar Maple North forty three degrees east thirty seven links ; also an- other Sugar Maple North thirty degrees west fifty five links; at four hundred and forty chains a Beech Post from which two bounded trees bear as follow, a Beech North twenty eight degrees west twenty three links ; and an Hemlock North eighteen degrees east forty three links ; ) four hundred and eighty chains, to a Sugar Maple tree being the southeast corner of said Town and the southwest corner of Town N° 1 in the 13 th Bange from which Sugar Majfie two bounded trees bear as follow, a White Pine North eighty three degrees west forty one links; and a Beech North forty nine degrees east thirty nine links ; and running thence from the afore- said Sugar Maple North Bange lfth Beginning at a Beech Post [etc. , as above] xn ie «t. of qualef 378 [Senate Beech post at the place of Beginning — Containing twenty two thousand, nine hundred and seventy nine Acres, Surveyed on the 2 6 9} of June, and following days to the 49> of J uly, 1798. — I certify that the foregoingis an accurate description of Township N? 2 in the fifteenth Range compared with and corrected from the original field notes. JOSEPH ELLICOTT, Surveyor for the Holland Land Co. Range 15 Remarks on Township A 0 2 [West line of T. 2 , R. 15.] Whence running from the aforesaid South bounding West on the East boundary Line of the aforesaid triangular piece of ground oi C3 02 •5 •“ A £ O i-3 Commencement with Upland of the l?i quality timber Beech sugar maple, Black Birch, cherry cucumber, and Hemlock 6. 89 to the summit of a hill facing South-westerly 1. . 50 to the bottom of said hill, too steep for tillage also to a small brook bearing northwesterly 28 . . 50 to a post Land Level, timber and soil as above 30 . . 25 to a post Land continues level, 22.. — to a rivulet running southeasterly 18 . . — to a post, 40 . . — to a post Land level & of the first mentioned quality, 30 . . 50 to a creek* bearing southeasterly, 9 . . 50 to a post, 17 to the descent of a hill facing south-westerly too steep for cultivation, 9 — to the bottom of said hill, and to a creekf 2 perches wide bearing Northwesterly, 14 to a post 4 to a small run running Northwesterly 21 to the summit of a very steep hill facing S. westerly and to the commencement of * Black Brook, near Milestone 1). f North branch of French Creek. ■T6 Chains ,—14 Chains ,—15 Chains ,—15 Chains 50 Links ,—73 Chains 75 Links ,— 56 Chains 15 Links No. 71.] 379 — Upland of the 3 rd quality, timber Leech, sugar maple Basswood &c 5. . 75 to bottom of the last mentioned hill too steep for til- lage, and to a brook running Northwesterly, also, to the commencement of — Upland of the 1 st quality, timber Beech, sugarmaple Basswood & cherry 9 . . 25 to a post, 40 — to another post, Land level and tine, 24 — to a small run bearing Westerly, — . . 50 to another run bearing as above, and to the commence- ment of — Upland of the 2?. d quality, timbered principally with Hemlock 15 50 to a post, and to the commencement of — Upland of the 1# quality timber Beech, sugarmaple, Basswood 15 . . to the commencement of Bottom Land of the 2" d quality, timber Beech, sugar- maple, Basswood and Cherry 10 . . to a post Land level, — . . 25 to a small run bearing Westerly, 3 . . 75 to a Black ash swamp not miry, and to the com- mencement of Upland of the Ut quality timber sugar maple, Beech, Cherry &c 4 — to the south side of the above swamp, 32 — to a Beech post Land level and fine, 30. . 25 to a Brook bearing Easterly 9. . 75 to a Beech post at the place of Beginning Explored the 4 th day of July 1798 JOSEPH ELLICOTT Surveyor for the Holland Land C? [See also small Field Book N? 37-1 ['Senate 380 Surveyed Township N° 3 in the 15 th Range. [Ripley, Chautauqua Co., — 1 R. S. 358 (Otli ed.).] Beginning at a Sugar Maple post standing in the East boundary Line of a Triangular piece of Ground sold by the United States to the State of Pennsylvania whose Hypothenuse is in and along the Shore of Lake Erie it being the Southwest corner of said Township and the Northwest Corner of Township N° 2 from which post two bounded trees bear a Beech South thirty three degrees East thirty seven links, also another Beech North twenty nine Deg 3 East forty five links Four hundred and eighty chains and thirty nine links to a Beech post being the South East corner of said Township Thence from the aforesaid post North seven hundred and eighty chains and seventeen links to an Iron wood post <^n the Bank of Lake Erie it being the Northeast corner of said Township ... thence traversing from the aforesaid Iron woods post bounding Northwestwardly by the Southeast shore of said Lake, to a post [standing on the Shore of said Lake] being the Northwest corner of said Township, and also the North-east corner of the afore- said Triangular piece of ground sold by the United States to the State of Pennsylvania and Thence from the aforesaid post South bound- ing West on the East boundary line of the aforesaid Triangular piece of ground] — At thirty nine links a Monument Stone* in the aforesaid boundary line : At fourteen chains and twenty seven links a post from which two bounded trees bear a Beech North sixty seven degrees and thirty minutes East forty links, another Beech South thirty nine degrees East forty two links : at fifty four chains and twenty seven links a post from which two bounded trees bear a Chesnut North fifty degrees East fifty four links, also an Hemlock South fifty eight degrees East eighty four links: at ninety four chains and twenty seven links a post from which two bounded trees bear a White ash North eighty degrees East sixteen links, also a Beech North fourteen degrees East forty three links, at one hundred and thirty four chains and twenty seven links, a post from which two bounded trees bear a Black ash South sixty eight degrees East fifty nine links, also an Ilicory North forty four degrees East thirty five links : at one hundred and seventy four chains and twenty seven links a post from which two bounded trees bear an Iron wood North seventy four degrees East forty five links, also an Hickory South sixty nine degrees East thirty six links: at two hundred and fonr- *In 1865, when seen by Dr. Peters, this monument was 7 feet from the edge of the Bank. In 1878, the site was at the edge, the monument had fallen out. * No. 71.] 381 teen chains and twenty seven links a Stone corner on the west bank of a creek* from which two bounded trees bear a Buttonwood South eighty two degrees East ninety two links, also an Elm North eighty three degrees East one chain, at two hundred and fifty four chains and twenty seven links a post from which two bounded trees bear a Chesnut North forty five clegres East twenty four links, also another Chesnut South forty nine degrees East twenty four links: at two hundred and ninety four chains and twenty seven links a post from which two bounded trees bear a Chesnut North thirty seven degrees East fifty links, also a Maple South sixty five degrees East forty six links : at three hundred and thirty four chains and twenty seven links, a post from which two bounded trees bear a Beech North forty two degrees East thirty four links also a Poplar South sixty three degrees and thirty minutes East twenty seven links: at three hundred and seventy four chains and twenty seven links a post from which two bounded trees bear a Beech South fifty seven degrees East sixty four links also another Beech North thirty two degrees East twenty eight links : at four hundred and fourteen chains and twenty seven links a post from which two bounded trees bear a Beech South seventy two degrees East ten links also another Beech North forty six degrees East fifty six links : at four hundred and fifty four chains and twenty seven links a post from which two bounded trees bear a Beech North twenty two degrees East twenty seven links also another Beech South ten degrees East twenty inks: at four hundred and ninety four chains and twenty seven links a post from which two bounded trees, bear a Beech North forty seven degrees East forty seven links, also a Sugar Maple South sixty six degrees East twenty two links:] five hundred and thirty four chains and twenty seven links to the first mentioned sugF maple post at the place of Beginning. — Containing thirty thousand eight hundred and sixty two acres; Surveyed on the 29 ~ of June and following days to the 9th of July 1798. I certify that the foregoing is an accurate description of Township N° 3 in the fifteenth Range compared with and corrected from the Original Field Notes JOSEPH ELLICOTT { * Twenty Mile Creek. ■8 Chains , — 12 Chains r— 194 Chains 27 Links Dist - of Qualities 382 [Senate Range 15tli Remarks on Township 17.°. 3 [West line of T. 8, R. 15.] m S3 ?o ‘5 •q o 3 Commencing with Upland of the 1# quality, timber Beech, Basswood, Sugarmaple, and Hickory — . . 39 to a Monument stone, 13. . 88 to a post 29 — to a rivulet bearing Northwesterly, 11 — to a post, Land continues as above described, 12 — to a small run bearing Northwesterly, 11 — to the commencement of a B. ash & Hemlock swamp, 12 — to the South side of said Swamp, 5 — to a post, 8 . . 50 to the Presque Isle path, 31 . . 50 to a post, (on the last half mile, the Land descends gradually to the North-west,) and to a Black ash swamp — 5 . . — to the South side of said swamp not miry. 35. . — to a post, Land level .and hne, 20 — to the commencement of — Upland of the 2"? quality, timber Chesnut, 12 — to the summit of a very steep hill* facing South- westerly, and to the commencement of — Upland of the 3 rd quality, timber Chesnut, Oak &?. 8 — to a stone standing on the West bank of a creek 2 perches wid bearing Northwesterly, also to the bottom of the above mentioned hill and to the Com- mencement of — Upland of the 2" d quality, timber as above, thence ascending another hill facing Northeasterly, 6 . . 50 to the summit of said hill* too steep for tillage 33 . . 50 to a post Land somewhat broken, 10 — to the ascent of a steep hill facing S. westerly 3 — to the bottom of said hill, and to a small run running Northwesterly, 14. . 22 to the summit of a hill facing southwesterly *^orth and South banka of Twenty Mile Creek Canyon. 120 Chains ,—100 Chains ,—100 Chains No. 71.'] 383 78 to the bottom of said hill too steep for tillage and to a rivulet bearing Northwesterly,* also to the ascent of another hill facing N.east y . too steep for cultivation 50 to the top of said hill, 50 to a post, 5 2 20 — to the commencement of 20 — 30.. 9 .. 40— 14. 26. 18. 16. 6 . 11 . . 28.. Upland of the If? quality, timber Basswood Beech, Sugar maple, with some Hemlock and Chesnut; to a post, 50 to a small run bearing Northwesterly, 50 to a Post, Land level and hue, to another post to a rivulet bearing Westerly to a post, Land very excellent covered with nettles to a small run bearing South-westerly to another run bearing Westerly to a post 50 to a small run bearing Westerly 50 to the first mentioned Sugar maple post at the place of beginning Explored the 9 l £ day of July 1798 JOSEPH ELLICOTT [See also small Field Books No. 37, 39, & 55.] Surveyor for Holland C°. * Gorge about 2,200 feet North of Milestone 4. 384 [Senate APPENDIX J. [Extracts from Field Book of the Keating Estate in the Counties of Potter and McKean, Pennsylvania, in the possession of Robert King, Esq., C. E., of Srnetli- port, McKean Co. This is a book bound in vellum: 321 pages, 6 inches by 15£ inches. It is probably a record of the notes from the Field Books proper. The earlier Surveys were made by Francis King, grandfather of Robert King.] [Page 1.] The 1 st of the 7 th Month 1801. Began at a Hemlock corner 68 perch west of the Holland Company 13 mile stake on the State line where we found a South line which proved to be the District line dividing between districts N° 2 & 3* and traced it South ascending a mountain through a thick wind fall [Page 5.] Our provisions being exansted we returned home after some fruitlefs attempts to find the line on the east side of our lands. The 12 of the 10 th month went out to make further search after the East line of our lands mentioned in the last page 14 th The most of this day proved wet; in the evening travelled to the 5 mile tree in quest of a North A South line s d to have been seen by the hands, but could not find such a line. Was led to con- clude the line seen, was the one blazed for a road from the head of Pine creek to the Oswaya in the fall of 1797, which crofsed the line Ave traced in an oblique manner from S.East to N.West. We then Avent to meet the pack horses Avhich had been previously directed to meet us on the [Page 6.] South branch of the Allegany, thinking we should find a line that led that Avay [Page 14.] 27 th Being short of proAdsions through the failure of the pack horse, Ave could not proceed to go round the west part of the land, I therefore resolved on returning to the beech corner from Avhich we traced the 25 th to which we proceeded & continued it north to ascertain the distance to the State line from those lines we had found in this part. • • • • [Pago 16.] 31 s . 1 Went out to traverse Some of the lines West of the Allegany * Site of Milestone 140. No. 71.] 385 river in order to find the Chesnut corner mentioned in the map at the junction of the West line of the District N° 3, with the State line, and finding the South line of lot N° 4322 not far from the S. E. Corner we traced it West to a Sugar tree Corner where the West line ended, when finding a line to the South we followed it one mile to a beech corner, hoping to find a West line; here the South line ended and no line appeared to west, but one to East. We then re- turned by the line we came by, to the former beech corner and ran by compass north to the State line ; which we struck 74 p s East of our 6 mile mark on a Sugar tree. Then proceeded to our nine mile Stake and measured from it west by the State line. At 159.4 pf in the descent of alawrelly mount 11 , found a line to South, with much loping but no corner marked. On this line at 12 p! from the State line, we found a corner marked on a large ches- nut stump about 30 feet high, with the bark mostly off. The notches were perfect in the timber except on the west side which had not been cut through the bark, but was perfect in it which we left standing against the stump. 2 d Arrived at home when it began to Snow. [Page 18.] 29 1 ! 1 of 7‘? M° North 298.6 p s the State ( 3.1 p? west of 151 Mile tree ) line •< 3.8 from the Suposed Stake V . (12.3 from the 151 Mile Stone ) The 4^ of the 8^ M? Measured from the Supposed Stake 151 Mile Mark West. At 3.8 p® our Corn? of lot, 86.6 p? the Holl d Com- pany’s 24 1 Mile 196 p? Ascent of hill. 245.6 p* the H. C y . s 25 Mile Stake, 280 p* top of hill 320.1 the 152 Mile Stone. At 0.1 p? Mile Stone then oblique along the point of hill, 66 p* steep descent 80 p? foot of steep hill 83.5 p® the H. C y . s 25£ mile Mark, 157.5 p? a Stone w!^ N. Y. & P: 221.6 p s the H: C y . s 26 Mile Mark on a Beech. 266.6 to a blaz d Elm on the bank of the Allegany, 278.9 to a marked stone (on the West* bank of d?) w c ? we removed to 302.3 p? this appearing by the pointers to be its place. 320 P! Marked 2 Miles. — At 80.5 p* the Holland C y . s 26^ Mile mark, 140 p 5 ? Ascended grad- ually, 230 p! top of hill 240.7 p® the H. C ys 27 Mile mark, 270 p £ . descent of hill, 310.8 the 154 Mile stone 2 p? short of a small run, 320 ascent of hill. 6 th At 30 p! top of hill, 56 p* descent of hill 79.4 the H. C ys 27£ mile post, 12u p! foot of hill, 161 small run from North, 170 p? rose a point, 180 top of point, 200 p? descent of point, 214 foot of hill 220 p s small run from N. W, 238 p? a large stone and a mark on a *Thi& undoubtedly is a slip of the pen and should be “ East.” This was Mile- stone 158. The distance he removed it would place ii ontheWest bank of the River where it has since remained. (See foot note, page 167.) [Sen. Doc. No. 71.] 49 [Senate 386 Beech, W & J Willinks S W Com? and on another Beech 28 miles from Gr & Pi S. West Corn?, 288 ascent of Mount 1 ? 310.3 pi the 155 Mile Stone, 320.4 Marked 4 Miles on a small Beech. At 16 pi top of hill, 46 pi descended oblique the hill 76.9 pi a post but no marks, 197 pi small run from N. W. in a narrow hollow, 170 pi top of hill, 185 pi descent, 232.8 p?a 1 mile post, 300 pi foot of hill, 319.9 Marked 5 Miles on a HemB 320 pi a Post. [Page 19.] At 26 p s small Creek* from N. W. 71.2 pi a post, pafsing oblique to left of hill, 180 pi a dry draught to right, then ascended, 200 pi top of hill 230.6 pi to a 2 Mile stake, 299.2 the 157 Mile stone on side of high point 320 pi Marked 6 miles on a small Sugar tree. At 10 pi descent of hill, 69 pi the H: C y . s 4 mile post, 76 small run to S: W. 120 pi top of point, 193 pi small Spring run 210 pi a small spring run, 221 pi a small Creek from N: W, 227.4 to 3 mile post, 278 a small spring run 280 pi ascended oblique the hill to right, 284.4 the 158 mile stone 320 pi putin a post and marked 7 Miles on a Beech 4 links back. At 66 pi the H: C y . s \ mile post. 72 pi top of narrow Ridge. 180 pi foot of hill 193 pi small creek from N: W, 223. 9 pi to a post marked Ranges Ni 4 & 5 & Township’s N? 1, at 292.5 the 159 Mile stone 320 pi put in a post and marked Smiles on a large pine 4 links forward. 7^) At 23 pi a small spring run to left, 41 pi a small spring run to left 63.6 pi the H: C y . s £ Mile post, 122 pi a little Creekf runing E. S. E, 154 pi a considerable spring run from the left, 180 pi Marked the distance on a large Beech and put in a post, 220 pi a small run from left and ascent of hill 223.2 to a Mile post of the H: C ys , 286.7 pi the 160 Mile Stone 320 pi put in a post and marked 9 miles on a Beech 13 links forward ; a little past this on the left is a very large rock and a smaller one on the right. — Serched much for the district line, but without efect, then returned toward home. 8 th Arived at home. — 10 1 ! 1 and IB 1 . 1 much rain. t The 31 Meridian East of Cerestown. 12 U 1 Went to the Corners Ni {§}$} jlieo} 011 the 4 Mile line & ran north Ascended gradually 302.6 pi made a small Beech Corn? at the State Ime.J [Page 20.] First Meridian East of Cerestown. The 26*! 1 of the S 1 ? M? Began at Corners N? {IS} Him} on the 4 mile line and removin the Corn? 19.1 pi East and marking the numbers on a Beech 15 links East, ran North. * Meeks Creek. f Indian Creek. \ North east corner of Warrant No. 4330, 13 74 Chains East of N. E. Corner of McKean County, No 71.] 387 [ Page 21.] At 40 p® descent of hill, 99.6 p® Marked the distance on a Hem- lock by road. — Then went to a Corn? made last year 35.4 p^ West of a stake at the 149 Mile tree, on the State line & ran South. — At 103 p? bank of the Creek 107 p? South bank of Creek 146 p® the run at the back of the Island 150.7 put up a post 160 p? Marked \ mile on a small Iron wood in CornV of Meadow, 205 p? the road & right angular with the tree marked this morning, the distance to s? line 14.6 p! » Second Meridian East of Cerestown. Began at Corners N°®{|JJf} { } on the 4 mile line and having re- moved the corn r 15.3 p? East and marked the numbers on a post & small Beech allso, ran North. — 301 .1 p? made a post Corner on the State line 11.5 p“ west of the Holland Comp y ® 20J mile post. — [Page 61.] Resurveying Part of the line of Districts N° 2 & 3. by Tli® Lightfoot, [1806.] [Page 66.] Then North 266 p® to the State line a small beech corner Then along the State line West at 320 p? a mile tree at 406 p? found an old corner marked 20 miles at 464 p^ the 147 Mile Stone 566 — found- a post marked 20J- M. 583 p® a post Corner at 640 p? the 2 Mile tree at 686 the Genesee Creek left at 720 p® 21 Mile post. 878 p® the 21^ Mile tree at 960 p® a large pine right opposite the indian Camp* marked 3 mile .1166 p? a pine Continued at 236 p! the 22J Mile tree at 320 p® the 4 mile tree an ash. Continued at 224 p!the 23£ mile tree at 280 p? the fOssweye creek right 320 p® a sugar marked 5 mile tree. Continued at 102 p® entered the Osswaye creek and 114 p? left the Creek right 120 p? the 151 Mile Stone at 132.5 Francis King’s Corner. Left the woods 7 th M? 10 th in the evening. Continued went to the woods 7 th M? 14 th with but two hinds. Continued the State line at 160 p® made a new Corner 2 p® East of a Corner made by Cary — at 242 p? post Marked 25 miles, at 313 p? the 152 mile stone at 320 p? a sugar mile tree [Page 67.] Continued at 239 p? a tree marked 26 miles at 292 Allegany right 294 p® the 153 milej 320 p? a mile marked on a hemlock. Continued *Tliis tree stood near tlie site of the mills in Ceres. f Originally written Osswego and then altered in different ink to Ossweye. X See foot note page 167. 388 [Senate at 296 p® the 154: mile stone at 320 p? the 3 mile tree a birch Con- tinued at 222 p? found a large stone marked PX & S L. & a great deal of Wi-tnefsing* at 320 p® the 4 Mile tree a hemlock. Continued at 214 found a post marked 1 mile at 301 p® found a dead hemlock marked 5 mile at 320 p® made a 5 mile tree a beech by the side of a deer lick & 3 p® north of a run running nearly East. Continued at 8 p® a run left at 211 p? a post marked 2 miles at 299 p® the 6 mile tree a Sugar at 320 p® a hemlock 6 Mile tree. Continued at 268 p! the 158 mile stone at 296 p! a post marked 7 mile 320 p® a beech marked 7 mile tree. Continued at 263 p s the 1 59 Mile stone at 292 p® a large pine marked 8 mile at 320 p e .® marked a hemlock 8 miles. Continued at 148 p® a beech marked 8 miles at 254 p? the 160 Stone at 289 p? a nine mile tree a few p® East of a large rock (Which is about 1 p® South of the State line I think it one of the great curiosities of nature about 3 p® square & 35 feet high) at 320 p® the 9 mile tree a Sugar. Continued at 125 pf made a post corner, f Then South land good chocolate Soil timber Sugar maple beech chessnut white pine &c [Page 109.] On Tuesday the 29 th September 1808 Started for the Tunonmag- uontj on the same day got 191b of beef of William Atherton. October the 1 st began at an old cucumber corner on the State line, 19 p s . West of the 168 mile stone on the side hill Then South on the old line [Over nearly 2 pages. \ [Page 110. to the maple corner Then North descending 180 p! foot of hill 200 p s . large run right 220 p? rising a hill 326 to a post corner on the State line. Now [Page 111.] back to the maple East descending 120 Spring left 190 large run right at the foot of the hill 250 rising a hill, 420 hill 480 descend- ing 585 p? to a beech corner on an old line 10 p® south of an old beech corner. Then North descending 100 p® foot of hill 108 p^ large run right 120 rising a hill then along the side hill 160 spring right 170 spring right 212 run right then rising a hill 326 p? to a beech cornor on the State line Then East along the State line 550 p? to a Oucum- * Holland Land Company’s 28 Mile point, Soutli-west corner of Olean. f North-west corner of Warrant No. 5949. j Elsewhere in the Field Book from which these extracts are made this name is spelled Tunemengwant and Tunonmegont. In the Holland Land Company’s Field-books it is spelled Tunaunguan. Familiarly it is known as Tuna. C. D. Webster, C. E., of Bradford, Penn., found it Ischunuongwandt in some old notes. On the original Boundary Map it is spelled Cheneonguaont. Tunegawant and Tunungwant are local variations in spelling. Tuna-uuguant is the most accept- able orthography. No. 71.] 3S9 ber* corner the place of beginning. Then returned home on the 8 th day of October 1808. [Page 233.] 31 st of the 7 th M? 1810. Went to the State linef & measured West 161 p? and made a beech corner and ran South at 239 p? the bank of the Allegany river made a hickory corner 66 p? above the angle The river runing S. 68 E. Then measured West 159.5 p? and made a maple corner on the bank of river then ran North up a small run. 218.1 to a sugar tree corner on the State line. Showering & wet all the after noon Then started for potatoe creek and lodged at Arnolt Hunter’s [Page 249.] Not having the notes of the lots run near the State line this Sum- mer went to the S. W. Corner of N° 49 and measured North 218.2 p? to the State line. 1 st of 10 th M? 1810. Began at the West side of N° 49 and measured West 144.5 and made a post corner on bank of river and ran North between N os 50.51. At 113 p? small run to right Then gradual ascent 240.1 p? made a post corner on the State line Then measured West along the State line descending at 40 p! foot of hill and small run to left 45 ascent 60 top of hill Then gradual descent at 100 p? foot of hill and Small Creek to left at 118 p 8 to Holland Company 28 Mile mark 136.6 made a post corner and ran South between N? 51.52. at 46 p 8 Spring run left Then oblique ascent [Page 250] 120 top of point Then descended at 180 foot of hill 265.6 p? made a hemlock corner on the bank of the river. 2 d Measured West 116.2 p 8 and made a post corner on the bank of this river by foot of hill. Then ran north ascending oak hill pretty steep, land thin at 21 p® top of hill Then gradual descent at 51 p? Spring run to right 120 p? foot of hill 133 Small creek runing right 266 spring run runing to the left 332 made a pose corner on an old line which we took for the State line altho’ it was 16.3 p 8 further than we made it by calculation *Tlie above is a resurvey of lands covered by warrants 4334-5, etc., west of Tuna Valley, in McKean Co. The stump of the Cucumber was identified in 1877, and yet remains. f He probably began at the west bank of the Allegany River. 390 [Senate. APPENDIX K. REPRESENTATION of NEW YORK and PENNSYLVANIA in ANCIENT MAPS. [The following is a memorandum of a large number of Maps, published before or during the Revolution, exhibiting portions of North America, which include the provinces of New York and Pennsylvania. A few exhibit the entire northern Continent. A brief description of the Boundary line between the two Provinces, as shown upon each map, is given. It will be noticed that in most of these maps the northern Boundary of Pennsylvania is shown about as claimed by Lieut.-Governor Hamilton of Pennsylvania. Many of the Maps referred to are without date, so that their proper chronological arrangement is impossible.] The Maps described in the first Series are in the New York State Library at Albany. “ A MAP of the British and French Dominions in North America, with the Roads, Distances, Limits, and Extent of the SETTLEMENTS, By Dv Jn*? Mitchell.” [At Amsterdam.] “ Printed for I. Covens and C. Mortier.” No date [1755 ?] A large map of Eastern America, apparently carefully engraved, and with a great deal of detail. Scale, about 30 miles to the inch. All the parallels and meridians are shown. The Provinces are colored different tints. The Line of 6 Pensilvania ’ is a meridian north from the head of the Delaware River, which is nearly in Longitude 74° 30', to the- parallel of 43 degrees, which it follows west to Longitude 79° 30', passing through the south end of Lake Genentaha (Onondaga) and the outlet of Lake Erie ; the west line being drawn parallel with the Delaware River. Upon this map the Eastern branch of the Delaware is represented as the main River, the ‘ Mohocks’ or Western branch being a short stream coming in from the north-west. The parallel of 42° inter- sects the Delaware above the forks (Hancock), passes about 7 miles South of £ Osewingo’ (Binghamton), and just north of ‘ Owegy.’ This undoubtedly is the Map refered to by Governor Tryon in his report concerning the Province of New York. (See page 48.) [Atlas 1, No. 41. J “ Pensyl vania Nova Jersey et Nova York cum Regionibus ad Fluvium Delaware in America Sitis, Nova Delineatione ob oculos posta per Mattli. Seutterum, S. C. M. Geogr. Aug. Vind.” No. 71.J 391 A roughly engraved Dutch Map of no date. The New England States are especially very much distorted ; the representation of New Jersey is quite fair, extending to the northern claim line: The three original Counties of Pennsylvania are shown colored to the line of the first Purchase. A dotted line drawn West from the Delaware at about the site of Deposit is inscribed, “Die Grantz von Pensylvanien nach dem Koniglichen Patent. Limites Pensylvanise juxta diploma regium.” [Atlas l,No. 46.] “ Pecens edita totius Nova Belgii in America Septentrionali .... Matthei Seutteri, Sac. Cses. Maj. Geographi August. Yind.” A terribly distorted Map of no date, probably older than the preceeding. Includes only the north-eastern Provinces, which are colored various tints. An irregular dotted line drawn west from the Delaware, about west of Catskill on the Hudson, (but in latitude 13° according to the margin of the Map) divides “ Nova Belgica sive Neu Trionalis Niederland Nu Jorck ” from “ Neu Pars Pennsylvania. 5 ’ [Atlas l> No. 47.] “ Totius Neobelgii Nova et Accuratissima Tabula.” “Apud Beinier & Iosua Ottens Amstelodami.” An uncolored Map of no date. Very nearly a duplicate of the. preceding Map with fewer subdivision lines shown. The irregular line between “ Nu Jorck ” and Pennsylvania apoears however. [Atlas 1, No. 48.] “ New Map of English Plantations in America ” By Robert Morden. Maryland is bounded North by the 40 th Parallel, New York coming down to Delaware Bay, Pennsylvania not shown (Date about 1680 ?) [Atlas 2, No. 57.] “A New Map of America according to the Best and Latest Observations.” Henry Overton’s Map of North and South America. No date. No Boundaries shown. The parallel of 45° passes through the first two syllables “Pensil” of Pennsylvania, which is lettered in two lines just west of Hudson’s River. [Atlas 2, No. 2.] “A New & Correct MAP of the Trading Part of the West Indies including the Seat of War between G r Britain and Spain : Likewise the British Empire in America. 174*1 ” H. Overton. New York and ‘ Pensilvania ’ are divided by a waving dotted line from the Delaware river, near the north-west corner of New Jersey, 392 [Senate to a point below the outlet of Lake Ontario. The North line of Maryland extends north-westerly and westerly (nearly West of Philadelphia) and northerly. East of Lake Erie and Niagara River, to Lake Ontario. [Atlas 2, No. 54.] “ Carte des Possessions Angloises & Francises du Continent de PAmerique Septentrionale 1755.” [Name of another torn off.] The line of “ Pensilvanie ” extends north from near the head of Delaware River to a point a little north-west of Otsego Lake and thence west through the head of Onondaga Lake and the Outlet of Lake Erie. [Atlas 2, No. 8.] A small Map with no title, showing “ Claims of French in 1756.” The North line of “ Pensilvania ” extends west from Otsego Lake to a point South of Niagara. [Atlas 2, No. 11.] “ Carte des Possessions Angloises & Frangoises In Continent de l’Amerique Septentrionale 1755 Amsterdam Chez P. & J. Ottens” Provinces tinted. North line of Pennsylvania as in preceding map. [Atlas 1, No. 16.] “A new and accurate Map of the English Empire in North America Representing their rightful Claim as confirmed by Charters .By a Society of Anti-Gall icians ” Published Dec r 1755. Evidently an English transcript of the last preceding Map. [Atlas l, No. 20.] “ North America from the French of Ml' D’Anville Improved with the Back Settlements of Virginia and Course of Ohio Illus- trated with Geographical and Llistorical Remarks ” May 1755, pub- lished by Thomas J effreys. The North-east Corner of Pennsylvania is north-east of Otsego Lake, which however is located due west of a point between Albany and “Cooksocket” and nearly (E. of) South 75 miles from Onon- tague, a Meridian from the head of the Delaware reaching to this point. The line passing due west about 33 miles north of the par- allel of 42°, strikes through “Chadocoin” Lake and intersects Lake Erie east of the site of Erie. The North Line of Connecticut pro- duced West would pass near “ Osewingo” and about 20 miles south of the most southerly point of Lake Erie. [Atlas 1, No. 22.] “ AMERICA SEPTENTPIONALIS a Domino d’Anville in Gallis edita nunc in Interiorum Virginiam deductes nec non Flivii Ohio curfu aucta notisq geographicis et historicis illustrata. Sump- tivus Komannianorum Keredum Norebergae A 0 1756” This Map is evidently a transcript from the preceding, except that the marginal “ Remarks ” are in Dutch. [Atlas 1, No. 23.] “ Nouvelle Carte Particuliere de l’Amerique. A map of the Britisch Empire in America with the French Span- 393 No. 71.] isli and the Dutch Settlements adjacent thereto by Henry Popple, a London Grave par Jean Conr. Beck 1756” Upon this Map the course of the Delaware and Susquehanna Divers is due south and almost straight. The north line of Penn- sylvania passes due west from the head of the Delaware north of all the New York Lakes nearly to Oswego, striking Lake Ontario east of Fort Niagara. The west line is a meridian south from Lake Ontario, east of Fort Niagara, passing through the eastern extremity of Lake Erie. [Atlas 1, No. 26.] “ Carte Particuliere de 1’ Amerique Septentrionale.” By Henry Popple. Printed at Amsterdam for I. Covens and C. Mortier. No date. Nearlv a transcript of the last preceding map. [Atlas 1, No. 27.] “Carte Nouvelle de V Amerique Angloise a Amsterdam Chez Pierre Mortier Libraire.” A French map with no date. The line of Pennsylvania is a me- ridian from the head of the Delaware to a point north of the Mo- hawk, and then west, striking Lake Ontario 40 miles East of “ Fort de Conty ” at outlet of Niagara. The South line is drawn along the 4:0 th Parallel. [Atlas 1, No. 33.] “Nouvelle Carte Particuliere de 1’ Amerique.” No date. Depresents the present area of the United States and Canada in two maps, divided North and South through Central New York. Upon it, as in some of the preceding, the course of the Delaware is almost straight, due South. The North line of “Pennsylvania” is drawn w r est from the head of the Delaware, passing between Oneida Lake and Oswego, striking Lake Ontario east of Fort Niagara ; The west line passing east of the Niagara Diver. In the north-west corner of the Map is the following “ Me. Popple undertook this MAP with the Approbation of the Dight Honourable the Lords Commissioners of Trade and Planta- tions; and greate Care has been taken by comparing all the Maps, Charts, and Observations that could be found, efpecially the Authen- tick Records & Actual Surveys transmitted to their Lordships by the Governors of the British Plantations , and Others, to correct the many Errors committed in former Maps, and the Original Draw- ing of This having been shewn to the Learned Dr Edmund Halley, Profesfor of Astronomy in the University of Oxford and F. D. S. he was pleased to give his Opinion of it in the words following “/ have feen the above-mentioned Map, wich as far as I am Judge, feems to have been laid down with great Accuracy, and to shew the Position of the different Provinces <& Islands in that Part of the Globe more truly than any yet extant. “EDMUND HALLEY” (Compare with any modern map of the United States !) [Atlas 1, No. 37 & 38.] [Sen. Doc. No. 71.] 50 394: [Senate' “ America Septentrionalis A map of the Britisli Empire in America” by Hen. Popple” No date. Rivers and Boundary shown as in other Popple Maps. [Atlas 2, No. 7.] U A Map of North America With the European Settlements & whatever else is remarkable in y e W est Indies from the lateft and beft Observations.” . “ R. W. Seale delin.” A small un colored map without date — The North line of Pennsylvania passing west from the head- of the Delaware River, north of Oneida Lake, strikes Lake Ontario east of Fort Niagara. [Atlas 2, No. 4.] [It was undoubtedly from Maps of tlie character of the few last preceding that Gov. Hamilton got iiis idea that Pennsylvania was bounded north and west partly by Lake Ontario.] “ Chart of the Atlantic Ocean with the British, French, & Spanish Settlements in North America and the West Indies as also the Coast of Africa.” T. Jeffreys, No date. The line of “ Pensil vania” is rather indistinctly shown by a line of color passing from the head of the Delaware, around Otsego Lake and down to “ Oswiga,” and along Lake Ontario. [Atlas 2, No. 9.] A small map with no title showing the “ French Dominions in America as prepared by M. Bussy, 1761 ” The line of Pennsylvania is shown by color as in the last preced- ing map. [Atlas 2, No. 10. j “A New Map of North America shewing the Advantages obtained therein to England by the Peace.” A map 6 by 8 inches with no date. North line of ‘ Pensil vania 5 drawn irregularly from Otsego Lake west to the frontier line of the Iroquois east of the head of the “ Ohio,” about west from Albany. [Atlas 2, No. 6.] “A New Map of North America from the Latest Discoveries, 1763” u J. Spelsbury Sculp.” A small map showing the Eastern half of the present United ' States. The North line of Pennsylvania passing west from the meridian of the head of the Delaware River, through Onondaga and outlet of Lake Erie. [Atlas 2, No. 5.] “ Province de Neuyork par ordre du Gouverneur Chez le Rouge rue des grands augustins.” This map has no printed title. The above is written in the margin. No. 71.] 395 It includes New York, Pennsylvania, Maryland, and the New Eng- land and Canada Provinces. Without date, but the present line be- tween New York and New Jersey is shown, inscribed “ en 1769.” A dotted line along the parallel of 42° is inscribed, “ Limites de la Penfylvanie par Patentes.” It passes west from near its present intersection with the Delaware, to North of Binghamton. A dotted line starting from the same point, passing south of west to the forks of the Susquehanna, is inscribed “ Limites Meridionales entre la Pensylvanie et les Six Nations.” [ Atlas 1, No. 52 . ] “ A Map of the Whole Continent of America divided into North and South and West Indies” “ Compiled from Mr D Anville’s Maps of that Continent, 1772.” Published in London, April 1, 1772, by Robert Sayer. North line of Pennsylvania is not shown. The East line follows the Delaware to near the present North-west Corner of New Jersey, then an irregular line north crossing the upper Delaware and Sus- quehanna, terminating in Central New York. [Atlas 1, No. 95.] A French Map of the “ Seat of War in America.” “ Supplement au Courier d L’Europe No XNXII Yol II” without date. Shows the Boundary about as at present, north of “ Endless Mountains.” [Atlas 1, No. 56.] An Accurate MAP of North America Describing and distin- guishing the British Spanish and the French Dominions on this great Continent ; Exhibiting the Present Seat of War and the French Encroachments. “Also all the West India Iflands Belonging to, and pofsessed by the Several European Princes and States. The whole laid down ac- cording to the latest and Moft authentick Improvements. By Eman Bowen GeogT to His Majesty, And John Gibfon, Engraver.” A map on large scale with no date, uncolored but varnished. It includes Mexico and Central America and the southern portion of Hudson’s Bay. The north line of “ Pensyl vania” passes through “ Onondago,” and “ Oskwego ” at the outlet of Lake Erie. [Atlas 1, No. 91.] “ An Accurate Map of North America Describing and distinguish- ing the British and Spanish Dominions in the Great Continent Ac- cording to the Definite Treaty Concluded at Paris 10 th Feb? 1763.” Nearly a duplicate of the last preceding. [Atlas l, No. 94.] “A Map of the Middle British Colonies in North America First Published by Mr Lewis Evans of Philadelphia in 1755.” Revised by T. Pownall. Published March 25, 1776. 396 [Senate North line of ‘Pensylvania’ shown by a green line from the Dela- ware in Latitude 42° 05' west to Lake Erie north of “ Jadaxque.” A Copy of this Map is in the possession of the Historical Society of Pennsylvania. [Atlas 2, No. 13.] “ A General Map of the Middle British Colonies in America Corrected from Governor Pownall’s Late Map of 177 6.” Along the upper margin of the map is the legend, “ The Seat of War in the Middle British Colonies Containing Virginia, Maryland the Delaware Counties &ca.” The line of Pennsylvania, dotted and colored, follows up “ Great Viskill ” or Delaware River to about the location of Deposit, then North-east to the Susquehanna, and then a Meridian north to a point 7 miles East of “ Oneyda Lake.” then due west through that Lake striking Lake Ontario just west of Oswego ! [Atlas 2, No. 12.] u A New and Correct Map of North America with the West India Islands divided According to the last Treaty of Peace Concluded at Paris 10 1 ? Feb y 1763, wherein are particularly Distinguished the Several Provinces and Colonies which Compose the British Empire. Laid down according to the Latest Surveys, and Corrected from the Original Materials of Gover r Pownall, Mem br of Parlia mt , 1777.” A large Map, evidently a revision of Bowen’s Map described above. Shows the North Boundary of Pennsylvania on the 42° parallel intersecting the Susquehanna below u Osewingo ; ” but an alternative boundary lined with color runs north from the head of Delaware River, on the Meridian of 75°, to a point near north-east corner of Oneida Lake; then west, passing north of that Lake, to Lake Onta- rio just West of Oswego. Lines of Provinces colored. [Atlas 1, No. 92.] “ Carte de la Partie Septentrionale des Etats Unis, comprenant Le Canada La Nouvelle Ecosse, New Hampshire, Massachuset’s Bay, Rhode Island, Connecticut, New Yorck, Etat de Vermont avec partie de Penfilvanie et de New Jersey.” “ Andre Scripsit. ’ A well engraved map with no date, of eastern portion of Middle States, with Canada and the Eastern States. Boundary of “ Pen- sylvanie” from the head of the Delaware to “ Conajohari,” up the Mohawk to its head and across to Lake Ontario. [Atlas 1, No. 29.] u Carte Generale des Etats Unis de l.’Amerique Septentrionale renfermant aussi quelques Provinces Angloises adjacentes.” “ Andre scrip ” A Map showing the United States east of the Mississippi. The east line of “ Pensilvanie ” crosses from head of Delaware River to the Mohawk, up which it follows, and down the Black River to Lake Ontario. [Atlas 1, No. 30.] No. 71.] 397 “ A New Map of the United States of North America with the British Dominions on that Continent &c By Samuel Dunn Mathe- matician Improved from the Surveys of Capt. Carver.” Embraces east half of North America. Boundaries of the United States outlined in green. No Boundary shown between New York and Pennsylvania. [Atlas 2, No. 3.] [The preceding Maps are in the New York State Library in two large Atlases. In Del’Isle’s Collection in the State Library are the following : — ] “ L’Amerique Septentrionale Par G. del’isle Geographe A Paris 1700” Exhibits all known North America. The north-western line of the British Provinces passes in a south- westerly direction across the center of Lake Champlain and south-east of ‘ Onontague,’ and east of the Ohio. The northerly corner of 4 Pensilvanie’ is in this line, a little south of east of 4 Onontague,’ and in Latitude 42°. The Delaware is a short stream not reaching so far north. [No. 69. Del’Isle’s Coll.] 44 Carte du Canada ou de la Nouvelle France Par Guillaume Del’Isle 1703 ” Exhibits the North eastern part of North America, North of Virginia. North line of ‘Pensilvanie’ runs westerly from head of 4 Delvar,’ in Latitude 42°, nearly to head of Ohio Elver and then South. If continued west it would strike Lake Erie near the present site of Erie. A river heading in 44 Buks ” County runs north, parallel with the 4 Delvar,’ into a long lake a short distance west of 4 Onontague,’ and is called 44 E. de Chowegouen.” [No. 71, Del’Isle’s Coll.] 44 Carte du Mexique et de la Floride des terres Angloises et des Isles Antilles Par Guillaume Del’Isle Geo Graphe 1703.” Includes all the present area of the United States. The Pennsyl- vania line is drawn very nearly as in the last preceding map. [No. 73, Del'Isle’s Coll.] 44 Carte de la Louisiane et du Cours du Mississipi Par Guill aume Del’isle de l’Acadamie E 1 . 6 des Sciences.” 1718 Exhibits the entire area of the United States west of the New England States and East of the E. del Norte. 4 Pensilvanie ’ is bounded north by a line starting from a large lake at the head of the Delaware in Latitude 41° 30', and running south westerly to the Susquehanna Eiver. [No. 72, Del’Isle’s Coll.] “Etats Unis de l’Amerique Septentrionale Avec les Isles Eoyale, de Terre Neuve de S* Jean l’Acadie &c 1785.” 398 [Senate “Chez Delamarche.” The line between “ Pensilvanie” and New York follows the w r est branch of Delaware to the head, and then an irregular line northerly to Onondaga Lake and down the Diver to Oswego. [No. 74 Del’lsle’s Coll.] In the History of North America by “ William Douglass, M. D.” 1755, facing the title page, i3 a copy of the Jeffreys Map, Atlas 1, No. 22, above. As a very apt commentary upon his own map, wit- ness the following extract from a foot-note on page 362 of Yol. i: “Dr. Cotton Mather’s Maj3 of New England, New York, Jersies, and Penfylvania, is composed from some old rough draughts of the first discoverers, with obsolete names not known at this time, and has scarce any resemblance to the Country : it may be called a very er- roneous antiquated Map. “ Cap 1 Cyprian Southack’s land map of the eastern North America, is worse ; it is as rude as if done by an Indian, or as if done in those ages when men first began to delineate countries : it gives no information, but has no other bad effect, than turning so much paper to waste. But his large chart of the Coast of Nova Scotia and New England, being one continued error, and a random performance, may be of pernicious consequence in trade and naviga- tion ; therefore it ought to be publickly advertised as such, and de- stroyed, wherever it is found among sea Charts.” “ A New Map of the British Dominions in North America with the limits of the Governments annexed thereto by the late Treaty of Peace and settled by Proclamation October 7 l . h 1763 Engraved by T Kitchen Geographer.” A fairly engraved Map at page 130 of the Annual Register (Lon- don) for 1763. It shows the line of “ Pensylvania,” running north •from the head of the Delaware to the 43 d parallel, crossing the out- let of Otsego Lake, then west, passing north of “Onondago” and through the outlet of Lake Erie. [N. Y. State Library.] “ A New Map of North America from the latest discoveries, 1763.” A duplicate of the above, very clearly engraved. Facing title page of small volume of Charters of various provinces in North America. [N. Y. State Library.] “To His Excellency William Tryon, Esq! Captain General & Governor in Chief of the Province of New York &c &c. This Map of the Country of the VI Nations Proper, with part of the Adjacent Colonies is humbly inscribed by Ids Excellency’s Most Obedient humble Servant, Guy Johnson 1771.” A MS. Map (framed) in New York State Library. Shows only a diagonal line extending south of east from No. 71.] 399 “ Owegy ” to the point on the Delaware where the present line begins. “ Tiaoga,” just below the present intersection of the Boun- dary, is shown* very nearly west from the Delaware intersection of the Line drawn on the Map. This Map was prepared by Col. Guy Johnson at the request of Rev Chas. Inglis, and was attached by the latter to “ A Memorial concerning the Iroquois.” The Memorial with a copy of the map is to be found in N. Y. Doc. Hist. (4°), iv, 661. “ A Chorographical Map of the Northern Department of North America Drawn from the Latest and most accurate Observations.” A Map printed at New Llaven, showing the State of Term on t, parts of New Hampshire, Massachusetts, Connecticut, New York and Pennsylvania, and Canada. No date. Copy published in N. Y. Doc. Hist. (4°), iv, 331, accompanying papers on the controversy between New York and New Hampshire. Represents the north east corner of Pennsylvania just west of Fort Stanwix ; the north line passing north of Oneida Lake, strik- ing Lake Ontario west of Oswego. [The following Maps are among those in the possession of the Historical Society of Pen nsyl vania.] “ Amerique Septentrionale ” corrected in 1776 by M. Hawkins, published at Paris in 1777, is evidently a French transcript of the map by “ Dr. Michel ” first described in this list. It shows the line of the Provinces about as in the original Mitchell Map, the north line of Pennsylvania being about 2 minutes north of the parallel of 43 degrees. “A New Map of North America” with no date, “Printed for John Bowles at the Black Horse in Cornhill, London.” “This Map is Laid down by De la rochette and Engraved by Tho. Kitchen.” It places the north-east Corner of Pennsylvania east of Otsego Lake, the north line passing through that Lake, the village of “Onondage” and the outlet of Lake Erie. “A Map of Pennsylvania New Jersey New York and the three Delaware Counties,” by Lewis Evans, 1749. Shows the Boundary between New York and Pennsylvania upon the parallel of 42 de- grees, which is drawn to intersect the Delaware River at the site of Deposit, and the Susquehanna at Owego ; and the line is marked “ The Bounds of Pensil vania by Patent.” A copy of another Edition (1755) of Lewis Evans’ Map (described among the Maps in the New York State Library.) This Map is accompanied by a 32 page Octavo book of “ Geo 400 [Senate graphical, Historical, Political, Philosophical and Mechanical Essays. The First Containing an Analysis Of a General Map of the Middle British Colonies in America And of the Country of the Confederate Indians A Description of the Face of the Country ; The Boundaries of the Confederates And the Maratime and Inland Navigations of the Several Ilivers and Lakes Contained therein By Lewis Evans Philadelphia Printed by B. Franklin, and D. Hall. MDCCLY.” In a foot note to page 3, Mr. Evans remarks u ¥e call nothing Surveys but actual Mensuration with a Chain, and the Course taken with a good Surveying Instrument. Courses with a Pocket Com- pass and computed Distances we call Computations .” “ The Province of New York and New Jersey with part of Pennsylvania and the province of Quebec Drawn by Major Holland Surveyor General of the Northern District in America Corrected and Improved from the Original Materials By Governor Pownall Member of Parliament 1776.” Gives no northern boundary to Pennsylvania; but it shows the parallel of 42 degrees drawn through the site of Deposit and north of “Osewingo” (Binghamton). Sauthier’s Map of 1779 does, not reach West of the Delaware River, and so does not show the position of the Pennsylvania Boundary. [N. Y. Doc. Hist., Vol. i.] The two Maps represented in Yol. viii, of the Colonial History of New York, (Sketch No. 1 being a transcript from one) are already mentioned in the text. “ A General Map of the Northern British Colonies in America “ Regulated by the Astronomical and Trigonometrical Observa- tions of Major Holland and Corrected from Governor Pownall’s Late Map 1776 ” Embraces the North East provinces, N. J., and N. Y., and east half of Penn. The Boundary between New York and Pennsylvania is a Meridian from the Delaware river near the present east line of Broome County, north to near Fort Stanwix, and then a line drawn west, passing north of “ Onondaga (Oneida) Lake ” to Lake Ontario west of Oswego. “A General Map of the Middle British Colonies in America Corrected from Governor Pownall’s Late Map, 1776 ” The Boundary between the two States is represented very nearly as in the preceding. [The last two maps are N° 3 and 4 in the “ American Military Pocket Atlas” in the New York State Library. Published in Lon- No. 71.] 40 i don by Sayre and Bennett. I believe there is a copy in the Penn- sylvania State Library.] “To the Honorable Thomas Penn and Richard Penn Esquires True and Associate Proprietors and Governors of the Province of Pennfyl vania and the Territories thereunto belonging and to the Honorable John Penn Esquire Lieutenant Governor of the Same This Map of the Province of Pennsylvania Is humbly dedicated by their most Obedient humble Servant W. Scull. Philadelphia printed by James Nevel for the Author April 1 st 1770.” In the office of the Secretary of Internal Affairs at Harrisburg. It shows a line extending east from “ Owegy,” north of ‘Chenengo,’ nearly to the river north of Ouaquago, and then South. This is Robert L. Hooper’s line of 1774, mentioned at page 58. It also shows the line north west from the forks of the Susquehanna, fixed by the Treaty of 1754, afterward abrogated. [Sen. Doc. No. 71.] 51 402 [Senate APPENDIX L. The Disputes with Massachusetts and Connecticut. The settlement of the claims of Massachusetts and Connecticut to lands “ beyond the Province of New York,” based upon their orig- inal charters, forms an interesting chapter in the history of both the Parallel and Meridian Boundaries. The story of the Massachu- setts claim is really a part of the history of the Meridian Boundary. I. The Massachusetts Claim. King James I granted by Letters Patent in 1620, November 3, to “ The Council established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of New England in America, .... all that part of America lying and being in breadth, from fourty degrees of northerly latitude, from the equi- noxtiall line, to fourty-eight degrees of the said northerly latitude, inclusively, and in length of, and within all the breadth aforesaid, throughout the maine lands, from sea to sea, together, also, with all fir me lands, soyles, grounds, havens, ports, rivers, waters, fish- ing, mines, and mineralls, as well royall mines of gould and silver, as other mines and mineralls, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, fran- chises, and prehemininces, both within the said tract of land upon the maine, and also within the islands and seas adjoining : Provided always that the said islands or any the premises hereinbefore men- tioned, and by these presents intended and meant to be granted, be not actually possessed or inhabited by any other Christian Prince or State, nor within that Southern Colonies heretofore by us granted to be planted by divers of our loving subjects, in the south part.” The exception in the proviso applied, among other possessions, to those of the Dutch along and near the Hudson River. Upon 19 March 1628, the Council conveyed to Sir Henry Rosewell and his associates, “ all that Parte of Newe England in Amirica which lyeth and extendeth between a great River there cominonlie called Mono- mack, alias Merrimack River, and a certen other River there, called Charles River, being in the Bottome of a certen Bay there, comonlie called Massachusetts .... and all Landes and Hereditaments whatsoever lyeing within theLymitts aforesaide, North and South, in Latitude and Bredth, and in Length and Longitude, of and within all No. 71.] 403 the Bredtli aforesaide, throughout the Mayne Landes there from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte.” A charter was granted in 1629, 4 March, by Charles I covering the same lands, with the proviso excepting lands “ actually possessed or inhabited by any other Christian Prince or State.” The south bounds of this grant were afterward found to be in .Latitude 42° 02 7 , the latitude of the present north boundary of Connecticut. In 1664, 12 March, Charles II granted to his brother, James, the Duke of York, certain lands in New England. “ Together alsoe with the said Liver called Hudsons Liver and all the land from the west side of Connectecutte Liver to the east side of De la Ware JBay This part of the grant interfered with the pre- vious grants to Connecticut and Massachusetts. The extent inland was not fixed ; the limit of “ the South Sea” even being omitted. The presumption is that the Southward bound, the east side of Delaware Liver, following up the Delaware Liver, was also intended to be its western bound — King Charles evidently construed it thus when he made his grant to Penn in 1682. At the date of this grant (of 1664) the territory which it covered was in the possession of the Dutch, holding originally under a trad- ing charter incorporating the Dutch West India Company in 1621, with indefinite jurisdiction. As is remarked in the History of the Meridian Boundary the Dutch were a coastwise people, confining their settlements to a narrow margin along the navigable waters, making no formal claim over the interior of the country beyond that of a few manorial grants with definite boundaries. Their title in- land seems to have been rather prospective than actual, as is shown by Yan der Donck in his Description of New Netherland in 1656. “On the north, the river of Canada stretches a considerable dis- tance, but to the northwest it is still undefined and unknown. Many of our Netherlander have been far into the country, more than sev- enty or eighty miles from the river and sea-sliore. We also fre- quently trade with the Indians who come more than ten and twenty days’ journey from the interior, and who have been farther off to catch beavers, and they know of no limits to the country, and when spoken to on the subject they deem such enquiries to be strange and singular. Therefore we may safely say, that we know not how deep, or how far we extend inland. There are however many signs, which indicate a great extent of country, such as the land winds, which domineer much, with severe cold, the multitudes of beavers, and land animals which are taken, and the great numbers of watei- fowl, which fly to and fro, across the country, in the spring and fall seasons. From these circumstances we judge that the land extends several hundred miles into the interior; therefore the extent and greatness of this province are still unknown.” To remove any doubt of the validity of the Duke’s title, the char- ter of 1664 was supplemented and confirmed by a second grant, 29 June, 1674, covering the same territory. 404 [Senate In 1684 the Massachusetts Charter of 1629 was adjudged void by the High Court of Chancery of England. This apparently did not affect the validity of the deed given by the Council, although the Hew York Council was of the opinion in 1753 that the original Charter of 1620, under which the deed was given, was void in itself, which would include the deed in its effects.* Upon the application of the agents of the Colonists a new charter was granted 7 October 1691, incorporating the colonies of Massachu- setts Bay and Hew Plymouth, Maine and Nova Scotia into “one real province, by the name of our province of the Massachusetts Bay, in New-England.” The Boundaries of the new province included “ all that part of New England, in America, lying and extending from the great river commonly called Monomack, alias Merimack, on the north part, and from three miles northward of the said river to the Atlantick or Western Sea or Ocean on the South part, and all the lands and hereditaments whatsoever, lying within the limits afore- said, and extending as far as the outermost points or promontories of land called Cape-Cod, and Cape-Malabar, north and south, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic or Western Sea and Ocean, on the east part, towards the South Sea, or Westward, as far as our colonies of Bhode-Island, Connecticut, and the Narraganset country ” The new Charter, it will be seen, limited the Colony “ toward the South Sea, or Westward” as far as the Colony of Connecticut, no doubt with the idea that the western limit of Connecticut had been fixed by the agreement between the Commissioners of the Duke of York and Delegates from the Colony, 30 November, 1664,f twenty miles east of Hudson’s River, and subsequently, 28 Nov., 1783, con- firmed by agreement between Governor Dongan, and Governor Treat and the Commissioners of Connecticut.^: Connecticut however claimed lands west of the province of New York, and practically made good her claim in her contest with Penn- sylvania, as we shall presently see. Under this construction of the Connecticut Charter, the lands conveyed by the Second Massachu- setts Charter would be co-extensive, and reach beyond the province of New York also. The Massachusetts General Court in 1754, held that notwithstand- ing the decision of the Court of Chancery on the charter of 1629, the charter of 1691 practically confirmed the original grant of 1620 through which Sir Henry Rosewell and others obtained title.§ Governor Tryon in his report upon the Province of New York in 1774,|| in answer to the question, “ What are the reputed Boundaries, and are any Parts disputed and by whom argues the case in favor of New York thus ; “ The Boundaries of the Province of New York * N. Y. Council Minutes (MS.) xxiii, 55. fN. Y. Col. MSS., lxix, 4 j Idem lxix, 10 Idem lxxviii, 64 N. Y. Col. Hist., viii, 434-457. No. 71.] 405 are derived from Two Sources First, the Grants from King Charles the Second to his Brother James Duke of York dated the 12 March 166f, and the 29 June 1674, which were intended to convey to the Duke all the Lands claimed by the Dutch, the first occupants of this Colony. — Secondly, from the Submission and Sub- jection of the Five Nations of Indians to the Crown of England. “The Descriptive part of both the Duke’s Grants is in the same Words and exclusive of the territory Eastward of Connecticut River, since granted to the Massachusets Bay by their Charter of 1691, comprehends ‘ All that Island or Islands commonly called Matta- wacks or Long Island, together with Hudson’s River, and all the Land from the West side of Connecticut River to the East side of Dela- ware Bay.’ Connecticut River extends beyond, and Hudson’s River takes its rise a little to the Southward of the Forty fifth Degree of Northern Latitude ; And as a Line from the Head of the River Con- necticut to Delaware Bay, would exclude the greatest part of Hud- son’s River, which is expressly granted to the Duke of York, the Boundary most consistent with the Grants to the Duke, and the Claim of New York founded thereon, is a Line from the Head of Connecticut River to the Source of Hudson’s River, thence to the Head of Mohawk Branch of the Lludson’s River, and thence to the East side of Delaware Bay. “That this has been the reputed Boundary under the Duke’s title has been confirmed by the Grants of this Government extend- ing Westward nearly to the Head of the Mohawk Branch of Hudson’s River, and Southward of that Branch to within a few miles of the North Boundary of Pennsylvania. “No other Construction will justify the Terms of the Grants to the Duke, nor any Lines less comprehensive, include the Lands pat- ented by this Province or ceded to the Crown by the Indians, at the Treaty of Fort Stanwix in 1768. “The Second source of the Title of this Government is grounded on the claim of the Five Nations who are in the Treaty of Utrecht acknowledged by France to be subject to Great Britain. “ Soon after the English conquered this Country from the Dutch, pursuing their system of Policy, they entered into a strict Alliance with the Natives, who by Treaties with this Colony, subjected them- selves to the Crown of England, and their Lands to its protection, and from this Period were always treated as Subjects, and their Country consider’d by this Government as part of the Province of New York, which probably gave rise to the extended jurisdiction of this Colony beyond the Duke’s Grants, signified by the words ‘ The Teretories depending thereon ’ which are found in ail the Com- missions of the Crown to its Governors “ It is uncertain at this Day to what Extent the Five Nations car- ried their claim to the Westward and Northward but there is no doubt it went to the North beyond the 45 Degree of Latitude and West- 406 [Senate ward to Lake Huron, their Beaver Hunting Country being bounded to the West by that Lake, which Country the Five Nations by Treaty with the Governor of this Province at Albany in 1701, surrender’d to the Crown to be protected and defended for them — Mitchel in his Map* extends their claim much further Westward, and he is supported in this opinion by Maps and other authorities very Ancient and Bespeetable. “ The above Treaty of 1701 is to be found among the Becords of Indian Transactions but it is recited and the surrender made thereby confirmed in a Deed dated the 14 September 1726f by which the Seneca, Cayouga and Onondaga Nations also surrender’d their Hab- itations to King George the first “ Without any view to the more Westerly claim of the Five Na- tions, supposing the Colony to comprize within its Limits or Juris- diction, the Country those Nations surrendered to the Crown by the Description of the Beaver Hunting Country as before mentioned — The Boundaries of the Province of New York are as follow. “ On the West Thence the North Boundary Line of Pensylvania to the Northwest Corner of that Province; and continuing the same Line to a point in Lake Erie which bears due South from the East Bank of the Streight of D’Etroit and of Lake Huron to the Forty Fifth Degree of Northern Latitude. “ On the North. A Line from a point on the East bank of Lake Huron in the Latitude of forty five East to the Biver St. Lawrence, or the South Boundary Line of Quebec ; Thence along the South Boundary Line of that Province across the Biver St. Lawrence to the Monument on the East Bank of Lake Champlain, fixed there in the 45 Degree of Northern Latitude ; Thence East along the Line already run and marked to the Monument or Station fixed on the West Bank of the Biver Connecticut in the same. Latitude.” Then speaking of the dispute with Massachusetts over the Eastern Boundary of New York he says after mentioning the abrogation of the Massachusetts Charter of 1829, “ instead of so extensive and unreasonable a Grant of Three Thousand Miles in length, they ob- tained, it is true, by that Charter [1691] a great addition of Territory Eastward, but were confined in their Western Limits, which extend 6 toward the South Sea as far as the Colonies of Bhode Island, Con- necticut and the Narragansett Country.’” * See Appendix K. f This Deed contains an actual surrender to tlie Crown by the Senecas, Cay ugas and Onondagas, of “ All that Land lying & being sixty Miles Distance taken Directly from the Water into the Country, Beginning from a creek called Cana- hogue [Cuyahoga River] on the Lake Oswego, [Erie] all along the said Lake ’’and the Niagara River and Lake “ Catarackqui ” [Ontario], “to the creek called Cay- nunghage [Salmon River] belonging to the Onnondages.” (See N. Y., Col. Hist., v, 800-1). The Indian Deed of 1701 is in N. Y., Col. Hist., iv, 908-9. It covered an indefinite area as far west as the head of Lake Michigan. N o. 71.] 407 Then referring still farther at length to this claim he asserts that “ had it been considered as well grounded would long since have been prosecuted and brought to a decision. ... A claim so long dormant, can hardly be expected under any Circumstance to be now revived with a prospect of success, and whatever Judgment the Assembly of Massachusetts Bay may have formed, certainly their present Governor had no opinion of its solidity, when at the late meeting of the Commissaries of both Provinces at Hartford in 1773, he declared, ‘ That it was a mere Ideal, Visionary project, in which he believed Nobody to be sincere,’ and discovered an anxiety least it should interrupt the progress of the Treaty.” Governor Tryon herein acknowleges that the most consistent western boundary of New York according to the Grant to the Duke of York is the Delaware River. Massachusetts apparently made no formal claim to lands westward of New York under either of these charters until after the Revolu- tion. The disputes during the Colonial period were confined to the proper Eastern Boundary of the grant to the Duke of York. The westward claim was incidental. During the discussion of this subject between the Assemblies of the two Provinces the General Court of Massachusetts in February 1768, “ Resolved , 1st. That the Massachusetts government have always claimed as their right, jurisdiction over the whole territory, within their north and south limits, from the Atlantic ocean to the South sea, saving only such part thereof as on the third day of November, in the eighteenth year of King James the First, w r as actually possessed or inhabited by any other Christian prince or state.” And also resolved to concede a line twenty miles east from the Hudsons River, “ Provided , That this concession, if not agreed to by New York, be not improved to the disadvantage of the Massa- chusetts claim ; Provided also , That nothing shall be understood to prejudice the right of this province to lands westward of the prov- ince of New-York. And this court, for the reasons above men- tioned, doth further concede, that the aforementioned lines of distance from Hudson’s river, shall be measured as horizontal lines, instead of lines measured according to the surface of the earth.” To this the New York Assembly at once responded, (5 February,) “ That this house are sorry to find, that their hopes entertained of a friendly agreement between the colonies, will probably be frustrated by the immoderate claims of Massachusetts Bay, it appearing from the said resolutions of the general court, that disputes may arise between that colony and this, as well with respect to our western as our eastern boundary, there being a proviso inserted, that nothing in their resolutions is to be understood to prejudice the right of that province to lands westward of this colony, which this house apprehend may prove a new and fruitful source of anx- iety and confusion, not only to this colony and Pennsylvania, « 408 [Senate but to all the new colonies that his majesty may hereafter think proper to establish to the westward as far as the South seas.” “ That if the province of the Massachusetts Bay will not recede from their last resolution, the house conceive that there is no pros- pect of a friendly accommodation of these differences, by any agree- ment between the two colonies ; the house being of opinion, that even if the acceptance of the last offer of the Massachusetts Bay, should be agreeable to the private patentees under this province, by a farther cession of right for the sake of peace ; yet as the crown is so deeply affected by these extravagant claims of the Massachusetts Bay, on the east side of Hudson’s river, and their still more exorbi- tant pretensions to the westward of this province, no countenance should be given to the last resolutions of the general court, until his majesty shall be pleased to signify his royal pleasure on this head.” The Revolution intervened with the question unsettled, although an attempt was made in 1773 to run a line between the provinces under an agreement made 18 May, but which failed from a disagreement of the surveyors. In 1784 the Legislature of Massachusetts presented a petition to Congress in which after reciting the Grant of 1620 and the Deed to Sir Henry Rosewell and his associates with the descriptions of territory contained therein they say, “ in breadth of latitude afore- said, extending throughout all the main land, in longitude west- wardly to the southern ocean. And the said legislature in their claim herein described, do aver, that the point or place situate 3 miles south of the bay called Massachusetts-Bay, is a point or place situate in 42 degrees of northern latitude, 2 minutes north ; and that the place, point or boundary aforesaid, of 3 miles to the north- ward of every part of the river Merrimac, is a place or point situ- ate in 44 degrees northern latitude, 15 minutes north;, and that by the grant aforesaid, the said Sir Henry Roswell and his associates, be- came seized of all the lands before described and contained in the grant aforesaid, of the said council established at Plimouth ; and that the same grant was confirmed to the said Henry Roswell and his asso- ciates, by the said king Charles, by his letters patent, dated in the 4th year of his reign ; and that the said sir Henry Roswell and his associates, were, immediately upon making the grant aforesaid by the said council, in the actual seizen and possession of all the lands aforesaid, and for many years held the same, under the name and title of the governor and company of Massachusetts-Bay, in Hew England. u And whereas the state of Hew- York have set up a claim to some part of the land beforementioned, and it being highly neces- sary to have the same claims brought to an immediate decision, they do therefore, in behalf of the said commonwealth, most sol- emnly request the United States of America in Congress assembled, No. 71.] 409 that Commissioners may be appointed for enquiring into and de- termining upon the claim aforesaid of the said legislature, and that such other proceedings respecting the premises may be had, as are by the federal government of the said United States in such cases made and provided.” New York had in 1780 ceded the western portion of her claim to the United States, but as yet Massachusetts had taken no action. She wished first to assert before Congress her prior claim to the ter- ritory. On the third day of June, 1784, Congress “Resolved, That the first Monday in December next, be assigned for the appearance of the said states of Massachusetts and New York, by their lawful agents, at the place in which Congress shall then be sitting,” and the two states were notified to appear. Charles De Witt, a Delegate from New York, in a letter to Gov. Clinton, 4 June, says: — U I hope the Legislature have taken every precaution respecting the W Territory. I believe Sir a Plan is formed and perhaps wrought into System to take that Country from us. Massachusetts Delegates have put in a petition yesterday from the Legislature of that State setting forth that New York is pos- sessed of a part of their Land and requested a Court agreeably to the Confederation for a Decision &c , &c. I shall bring with me a Copy thereof, but my fears are not so great from this quarter than from a quarter which I do not know how to name. I shall postpone it to a future Day. The whole world seem to look on that W — Country with a wishful eye, and I fear they will go farther to ob- tain it, than is consistent with the peace of the Union. I hope, however, that New York will collect all its wisdom and take such decided and spirited steps as may counteract every unlawful attempt in the Sate, which if they do not it is lost.” Governor Clinton, 18 October, in a message to the Legislature called their attention to this action of Congress : — “ Since the close of the last session, the Legislature of the State of Massachusetts have thought fit to set up a claim to lands which, it is to be inferred, from their Petition to the Honorable the United States in Congress, lie some where within the antient jurisdiction of this State, but in what part, to what extent is left in obscurity. They have, not- withstanding, requested, that a Federal Court may be appointed for enquiring into and determining such claim ; and Congress have ac- cordingly assigned the first Monday in December next, for the ap- pearance of both States, and such other proceedings as are directed by the Articles of Confederation and Perpetual Union. From the Act of Congress of the 3d day of June last on this subject, and the papers accompanying it, you will perceive the necessity of appoint- ing Agents to manage the controversy on the part of this State ; and of calling for an explicit description of the lands claimed by the Massachusetts, without which we must be exposed, in our de- fence, to unnecessary difficulties and expence,” and on 12th Novem- [Sen. Doc. No. 71. J 52 410 [Senate ber following tile Legislature passed an “ Act to appoint Agents or Commissioners for vindicating the Right and Jurisdiction of this State, against the claims of the Commonwealth of Massachusetts,” in which James Duane, John Jay, Robert R. Livingston, Egbert Benson and Walter Livingston were declared to be the agents of New York State and were directed to attend the prescribed court, “ when lawfully constituted, and there to represent this State, and to manage, vindicate and defend the Rights and Jurisdiction thereof against the claim of the said Commonwealth of Massachusetts, by all lawful Ways and Means, with full Power and Authority to em- ploy such Counsel learned in the Law, and such Solicitors as they shall think necessary, to enable them more effectually to discharge the Trust reposed in them by this Act.” And the act further provided that it should not be construed to affect in any wise the agreement to run the line between the States made 18 May, 1773. The New York Legislature had, the day be- fore the passage of the act above memtioned, passed an act, appoint- ing a new commission to join with Massachusetts in running the line between the States on the basis of the agreement of 1773. John Lowell and James Sullivan with the delegates, for the time being, to Congress from that State, w T ere appointed Agents to repre- sent Massachusetts in the trial of the claim. The Agents of the two States appeared befor Congress in due form and on 10 December 17S4, that body u Resolved , That the agents for the States of Massachusetts and New York be, and they are hereby directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question, agreeable to the 9th of the articles of Confederation and perpetual Union.” Tiie Agents found so much difficulty in obtaining judges to con- stitute the court provided in the Resolution of Congress that in 1786, 28 April the Legislature of New York passed a Supplementary Act, appointing John Haring, Melancton Smith, Robert Yates, and John Lansing, Jr., agents in place of John Jay and Walter Livingston who could not attend to the duties, and providing “ That it shall and may be lawful for the said James Duane, fand others], or any five or more of them, to settle the said Controversy between this State and the Commonwealth of the Massachusetts, otherwise than by the said Federal Court, as mentioned in the said Act, in such Manner as they shall judge most conducive to the Interest of this State.” Thus as in the question of the cession of the western lands, New York took the initiative toward an amicable settlement of this con- troversy. The Legislature of Massachusetts responded 5 July 17S6, thus: — “ Whereas it appears that the Legislature of New-York, have by their act empowered the Commissioners by them appointed for vin- dicating the right and jurisdiction of the State of New York, against the claim of this Commonwealth, to settle the controversy, otherwise than by the Federal Court : .No. 71.] 411 I. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Agents or Commissioners appointed by this Government to de- fend the territory of this Commonwealth on the west side of Hud- son’s river against the claim of the State of New York, or the major part of the said Agents or Commissioners, be, and they are hereby fully authorized and empowered to agree with the Agents or Commissioners of the State of New York, and settle the contro- versy respecting the territory aforesaid, by a Federal Court, as appointed by virtue of the confederation, or otherwise, in such way and manner as they shall judge will comport with justice, and the interest of this Commonwealth.” Meanwhile at the formal request of the Legislatures of the two States, Congress appointed John Ewing, David Rittenhouse, and Thomas Hutchins, Commissioners to settle and run the Jurisdiction line East of the Hudson. And finally without a resort to a court, by mutual agreement among the Agents of the two States, this long and acrimonious dis- pute was happily ended, and 16 December, 1786 at Hartford, Con- necticut, four Commissioners fromMassachusetts and six from Hew York signed in duplicate, an “Agreement entered into by the Commissioners appointed to settle the Controversy between the Commonwealth of Massachusetts and the State of Hew-York, respecting Lands lying westward of Hudson’s River,” in which they mutually agreed for and in behalf of the two states “ to the mutual cessions, grants, releases and other provisions following, that is to say ; First. The Commonwealth of Massachusetts doth herebv cede, grant, release and confirm to the State of New York forever, all the claim, right and title which the Commonwealth of Massachusetts hath to the government, sovereignty, and jurisdiction of the lands and territories so claimed by the State of New York as herein be- fore stated and particularly specified. “ Secondly. The State of New- York doth hereby cede, grant, release and confirm to the Commonwealth of Massachusetts , and to the use of the Commonwealth, their grantees, and the heirs or as- signs of such grantees forever, the right of pre-emption of the soil from the native Indians, and all other the estate, right, title and property, (the right and title of government, sovereignty and juris- diction excepted) which the State of New York, hath of, in or to two hundred and thirty thousand and four hundred acres, to be lo- cated by the Commonwealth of Massachusetts, and to be situate to the northward of, and adjoining to the lands granted respectively to Daniel Cox and Robert Lettice Hooper, and their respective asso- ciates, and between the rivers Owcga and Chenengo. And also, of, in or to all the lands and territories within the following limits and bounds, that is to say: Beginning in the north boundary line of the State of Pennsylvania, in the parrallel of forty-two degrees of 412 [Senate north latitude, at a point distant eighty-two miles west from the north-east corner of the State of Pennsylvania , on Delaware- River, as the said boundary-line hath been run and marked by the Com- sioners appointed by the States of Pennsylvania and New- York re- spectively, and from the said point or place of beginning, running on a due meridian north to the boundary line between the United States of America , and the King of Great- Britain • thence west- erly and southerly along the said boundary line to a meridian which will pass one mile due east from the northern termination of the Streight, or waters between Lake- Ontario and Lake-Erie ; thence south along the said meridian to the south shore of Lake Ontario : thence on the eastern side of the said Streight, by a line always one mile distant from the parrallel to the said Streight, to Lake- Erie / thence due west to the boundary line between the United States and the King of Great Britain j thence along the said boundary line, until it meets with the line of cession from the State of New- York to the United States; thence along the said line of cession, to the northwest corner of the State of Pennsylvania and thence east along the northern boundary line of the State of Penn- sylvania to the said place of beginning : And which said lands and territories so ceded, granted, released and confirmed, are parcel of the lands and territories described in the said petition. “ Thirdly. The Commonwealth of Massachusetts doth hereby cede, grant, release and confirm to the State of New- York and to the use of the State of New- York, their grantees, and the heirs and assigns of such grantees forever, the right of pre-emption of the soil from the native Indians, and all other the estate, right, title and property, which the Commonwealth of Massachusetts hath of, in or to the residue of the lands and territories so claimed by the State of New- York, as herein before stated, and particularly specified. “ Fourthly . That the lands so ceded, granted, released and con- firmed to the Commonwealth of Massachusetts , or such part thereof as shall from time to time be and remain the property of the Com- monwealth of Massachusetts , shall during the time that the same shall so be and remain such property, be free and exempt from all taxes whatsoever, and that no general or State tax shall be charged on, or collected from the lands hereafter to be granted by the Com- monwealth of Massachusetts , or on the occupants or proprietors of such lands, until fifteen years after such confirmation, as is herein- after mentioned, of such grants, shall have expired ; but that the lands so to be granted, and the occupants thereof, shall during the said period, be subject to town or county charges or taxes only : Provided , That this exemption from general or State taxes, shall not be construed to extend to such duties, excises, or imposts, to which the other inhabitants of the State of New- York , shall be sub- ject and liable. “ Fifthly . That no rents or services shall be reserved in any grants to be made of the said lands by the Commonwealth of Mas- sachusetts, * This was four years before the line of cession was run. 413 No. 71.] “ Sixthly . That the inhabitants on the said lands and territories, being citizens of any of the United States, holding by grants from the Commonwealth of Massachusetts , shall be entitled to equal rights with the other citizens of the State of New- York • and fur- ther that the citizens of the Commonwealth of Massachusetts , shall from time to time, and at all times hereafter, have and enjoy the same and equal rights, respecting the navigation and fishery, on and in Lake Ontario and Lake Erie , and the waters communicating from one to the other of the said lakes, and respecting the roads and portages between the said lakes, as shall from time to time be had and enjoyed by the citizens of the State of New- York / and the citizens of the Commonwealth of Massachusetts shall not be subject to any other regulations, or greater tolls or duties to be made or im- posed from time to time by the State of New - York , respecting the premises, than the citizens of the State of New- York shall be sub- ject to. Seventhly. That no adverse possession of the said lands for any length of time, shall be adjudged a disseizen of the Common- wealth of Massachusetts. Eighthly. That the State of Neio - York , so long as any part of the said lands shall be, and remain the property of the Common- wealth of Massachusetts , shall not cede, relinquish, or in any man- ner divest themselves of the government and jurisdiction of the said lands or any part thereof, without the consent of the Commonwealth of Massachusetts. “ Ninthly. That the Commonwealth of Massachusetts , may from time to time, by persons to be by them authorized for the purpose, hold treaties and conferences with the native Indians, relative to the property or right of soil of the said lands and territories hereby ceded, granted, released and confirmed to the Commonwealth of Massachusetts, and with such armed force as they shall deem neces- sary for the more effectual holding such treaty or conference ; and the Commonwealth of Massachusetts, within six months after such treaties shall respectively be made, shall cause copies thereof to be deposited in the office of the Secretary of State of New York. u Tenthly. The Commonwealth of Massachusetts , may grant the right of pre-emption of the whole or of any part of the said lands and territories to any person or persons, who by virtue of such grant, shall have good right to extinguish by purchase, the claims of the native Indians. Provided, however, that no purchase from the na- tive Indians by any such grantee or grantees, shall be valid, unless the same shall be made in the presence of, and approved by a super intendent to be appointee! for such purpose by the Commonwealth of Massachusetts, and having no interest in such purchase ; and unless such purchase shall be confirmed by the Commonwealth of Massachusetts. ^Eleventhly. That the grantees of the said lands and territories under the Commonwealth of Massachusetts , shall within six months 414 [Senate after the confirmation of their respective grants, cause such grants or the confirmation thereof, or copies of such grants or confirmations certified or examplified under the seal of the Commonwealth of Massachusetts , to be deposited in the said office of the Secretary of State of New- York , to the end that the same may he recorded there, and after the same shall have been so recorded, the grant’ees shall be entitled to receive again from the said Secretary their respective grants or confirmations, or the copies thereof, which soever may have been so deposited, without any charge or fees of office whatso- ever, and every grant or confirmation which shall not, or of which shall not be so deposited, shall be adjudged void.” Governor Clinton announced the settlement of the controversy to the Legislature of New-York, 13 January, 1787, as follows: “I have the pleasure to inform you, that the Law j>assed at the last Session of the Legislature, vesting Commissioners with discretion- ary power, to determine the controversy between this State and the Commonwealth of Massachusetts otherwise than by a Foederal Court, hath been carried into full effect; all interfering claims both with respect to territory and jurisdiction being finally adjusted. — The mutual agreement and act of cession executed with the usual sol- emnities by the Commissioners of both States, is now laid before you ; and I have the fullest confidence that the conduct of your Commis- sioners in a mission equally difficult and important, will meet with your entire approbation ; and that adequate provision will be made for the services and expences which have arisen in laborious prepara- tions for the trial, as well as in the final extinguishment of the con- test.” In order to quiet the apprehensions of the Indians who inhabited the ceded territory, the Legislature of New York in 1787, February 20, passed the following : Resolved , That in order to prevent any uneasiness which may arise in the minds of the Six Nations, from misrepresentations of the terms of the mutual agreement and act of cession lately executed between the Commissioners on the part of this State, and on the part of the Commonwealth of Massachusetts, relative to the land within this State, now held and occupied by the said Indians, it is necessary that the said agreement and act of cession be communicated and ex- plained to them, as soon as may be. “ Resolved , That his Excellency the Governor, make such com- munication and explanation in person, if necessary, or by such other person or persons as he shall appoint for the purpose ; and that he transmit a copy of these resolutions to the Executive of the Com- monwealth of Massachusetts, and express as the wish of this Legis- lature that a similar communication should also be made on the part of the said Commonwealth, at such time and place, as shall be agreed on between their Excellencies the Governor of this State, and the Governor of the Commonwealth of Massachusetts.” No. 71. J 415 In the statements of account current of the State of New York with Gerard Bancker, Treasurer, we find the following entries: — £ s. d. 1785. To cash, paid the Commissioners for managing the Massa- chusetts controversy, respecting the Western territory. 880 10 6 1786. To ditto, paid [as above] 772 10 8 1789. Paid Commissioners [as above] 1357 16 10 The Western boundary of the territory relinquished by New York was fixed upon the Eastern line of the territory ceded by New York to the United States by the act of her delegates in Congress 1 March, 17S1 in pursuance of An Act to facilitate the Completion of the Articles of Confederation, and perpetual Union among the United States of America,” passed 19 February, 1780. This action of the Delegates from New York was concurred in by Massachusetts, when the delegates in Congress from that State, authorized by an act of the Legislature passed 13 Nov., 1781, to cede or relinquish u by au- thentick conveyance or conveyances, to the United States, to be dis- posed of for the common benefit of the same, agreeably to a Resolve of Congress of October the tenth, one thousand seven hundred and eighty, such part of that tract of land belonging to this Common- wealth, which lies between the rivers Hudson and Mississippi , as they may think proper ; and to make the said cession in such man- ner and on such conditions as shall appear to them to be most suit- able,” upon 19 April, 1785, signed a Deed of Cession to the United States of all lands so claimed west of the line as fixed in the Act or Deed of the New York Delegates. The location of this line upon the ground was unknown at the time the mutual agreement was signed, as it was not run until 1790. The Parallel Boundary even, west of Milestone 90, had not been run at the time of the signing. The vast domain included in that portion of the lands released by New York west of the Meridian of Milestone 82. covering some of the most fertile lands of the State, reaching about 115 miles along the Parallel Boundary, was in April, 17^8, contracted by Massachu- setts to Oliver Phelps and Nathaniel Gorham, acting for a syndicate, for one million dollars. By a treaty with the Six Nations in July, 1788, the Indian title to the portion of the tract east of the Meridian of the Forks of the Genesee was extinguished, and on the 21 Novem- ber in that year, Massachusetts formally deeded to Phelps and Gor- ham this portion of the tract, which has since been known as the “ Phelps and Gorham Purchase.” Mr. Phelps took the active management of the Estate, established a land office and commenced the surveys, dividing it into Ranges and Townships somewhat after the present United States system. After some sales were made, Phelps and Gorham conveyed the remainder of the Tract, 18 Nov., 1790, to Robert Morris, by whom the surveys were mainly completed, under the supervision of Major Adam Hoops*, and many sales were made. Morris conveyed the * See page 113. 416 [Senate residue of the Tract adjoining the Boundary, to Charles Williamson, 11 April, 1792, and he in turn transferred it 31 March, 1801, to Sir William Pulteney of England, for whom he was acting as agent. These lands have since been known as the “ Pulteney Estate.” The East line of this territory was not run until after Massachm setts had conveyed it. Certain parties who had purchased from the State of New York a location including the site of the present vil- lage of Geneva, proposed to Phelps and Gorham to join in a survey of the line. It was run, and passed entirely west of Seneca Lake, and under such circumstances that Phelps and Gorham suspected a fraudulent error in favor of the other parties. A re-survey was not undertaken until the tract was purchased by Robert Morris, in whose deed the land east of the line was specified as a “ Gore.” At the request of Major Hoops, Andrew Ellicott undertook the re-survey of the line, and a true Meridian was run under his direction, by his youngest brother Benjamin, assisted by Augustus Porter. The sur- vey was made in 1794. A transit was used, and this was probably the first transit line (except the meridian boundary) ever run in the State of New York. A wide vista was cut through the woods ; across Seneca Lake, through which the line passes for ten miles, the line is said to have been run with night signals. The old line was found to diverge very rapidly to the west for half the distance across the state and then followed about parallel with the other. The lines are about 2J miles apart at Geneva. The Legislature of New York, when the old line was found to be fraudulent, directed Sur- veyor General DeWitt to re-run it, as the interference affected the title to two tiers of Lots in the Military Tract. Mr. DeWitt found that there were only two transits in the country, one owned by An- drew Ellicott, the other by Dr. Rittenhouse, neither of which was available at the time. He therefore satisfied himself by an examina- tion of Benj. Ellicott’ s Notes and methods,* that the new survey was accurately made. Upon his certificate the Legislature confirmed the Ellicott line, or “New Pre-emption Line ” as it was afterward called, and its accuracy has never since been disputed. After Phelps and Gorham had paid about one-third of the pur- chase price, they were unable further to comply with their agree- ments with Massachusetts, and suit was commenced on their bonds. After a protracted negotiation the matter w r as settled by mutual agreement 10 March, 1791, by which Phelps and Gorham relin- quished to Massachusetts the portion of the land not covered by their Deed. Upon 11 May in the same year, Massachusetts conveyed to Robert Morris, in pursuance of an agreement previously entered into with Samuel Ogden, all the lands ceded by New York, west of the lands already deeded to Phelps and Gorham. The conveyance was made in five separate Deeds. The first Deed covered the land lying East *For interesting papers relating to this subject see pages 187-196, Field Book No. 35, in office of Secretary of State, Albany. No. 71.] 417 of a meridian drawn north from the Pennsylvania line, 12 miles west from the southwest corner of Phelps and Gorham’s land. The lands included in the other four deeds, Morris deeded in four conveyances, at various dates in 1792-3, to Herman Le Roy and others,* who held the lands in trust fur certain Holland gentlemen who, being aliens, could not, under the laws of the State at the time, hold the title in their own names. Several changes in the trustees were afterward made, and after transfers of a portion of the land, under Legislative sanction, the Tract was conveyed in four separate deeds to the individuals composing the Holland Land Company. The fourth of the last series of Deeds was dated 31 January, 1799, and conveyed to Wilhem Willink, Wilhem Willink, Jr., Jan Willink, and Jan Willink, Jr., 200,000 acres, extending along the Boundary 16 miles from the southeast corner of the Tract, including the south end of the first three ranges; and also 100,000 acres in a narrow strip, since known as the Willink Strip,” off the east side of all the towships in Range 7. The other three Deeds dated 31 January, 1793, conveyed in the aggregate 300,000 acres, to the members in- dividually, of the Holland Land Company proper, who were Wilhem Willink, Nicolaas van Staphorst, Pieter van Eeghen, Hendrick Yollenhoven, and Rutger Jan Schimmelpenninck.f Theophile Cazenove was the first General Agent. Upon his return to Europe in 1799, Paul Busti took his place, and acted as General Agent until his death twenty-five years afterward. The Surveys of the Tract were placed under the general super- vision of Joseph Ellicott, a brother of Andrew. Under his direction the entire tract was in 1798 and 1 799 laid out into Ranges and Town- ships, which were afterward subdivided into Sections. Robert Morris retained the strip of 12 miles covered by his first deed from Massachusetts, and from this circumstance it has always been known as the “ Morris Reserve.” It was divided into two Ranges, with Townships, in the same manner as the Holland Com- pany’s Lands, but he sold it out in large tracts regardless of the Township lines. [Note. — For a detailed account of the settlement of the “Massachusetts Pre- emption see Turner’s “ History of the Phelps and Gorham’s Purchase,” and “ His- tory of the Holland Purchase.”] II. The Connecticut Claim. The contest between Massachusetts and New York was entirely based on a technical paper title. Massachusetts had never attempted to take actual possession of any of the lands she claimed west of the * Herman Le Roy’s name occurs in all the Deeds. One deed was to two grantees, and in each of the other deeds, the number of grantees was three. t The original deeds of all those transfers, and the original Field Notes of the Township surveys, are deposited in office of the Secretary of State at Albany. (See Appendix H.) [Sen. Doc. No. 71.] 53 418 [Senate premises occupied by New York, by actual settlement or by convey- ance of the fee to other parties, until after an amicable adjustment and settlement of her claim. With Connecticut it was different. So far as her controversy with Pennsylvania, her settlers were actually in possession under valid t itles, and I he final settlement was reached through blood-slied and fierce litigation. Ex-Governor Hoyt of Pennsylvania has given us in his “ Syllabus of the Controversy between Connecticut and Pennsylvania,’’ pub- lished by the Historical Society of Pennsylvania, a complete and exhaustive discussion of the entire case, the details of which can be but briefly alluded to. Upon 19 March, 1631, the Council at Plymouth by its President, the Earl of Warwick, under the grant of 3 November, 162<>, here- tofore quoted, conveyed to Lord Say and Seal and others, by Heed, “ All that part of New England in America, which lies and extends itself from a river there called Narragansett River, the space of forty leagues upon a straight line near the shore, towards the south- west, west, and by south or west, as the coast lieth, towards Virginia, accounting three English miles to the league*, and also all and singular the lands and hereditaments whatsoever lying and being within the lands aforesaid, north and south, in latitude and breadth, and in length and longitude of and within all the breadth aforesaid, throughout the main lands there, from the Western Ocean to the South Sea.” The grantees took immediate measures for possession, and appointed as their agent John Winthrop, who founded the town of Say brook. Winthrop and a number of other English Colonists on the Connecticut River, south of the limits of the Massachusetts Patent, organized themselves into an association by the name of “ Colony of Connecticut,” bought out the grant of Lord Say and Seal and his associates, and in 1661, petitioned King Charles II for a Charter. In 1662, 23 April, King Charles granted to John Winthrop and others the Charter, incorporating as a body politic “ The Governor and Company of the English Colony of Connecticut, in New Eng- land, in America,” and granting and confirming to them “all that part of our dominions in New-England in America, bounded on the East by the Narrogancevt River, commonly called Narrogancett Bay, where the said river falleth into the sea, and on the North by the line of the Massachusetts plantation, and on the South by the sea, and in longitude, as the line of the Massachusetts colony running from East to West, (that is to say) from the said Narrogancett Bay, on the East, to the South Sea, on the West part, with the islands thereunto adjoining, together with all the firm lands, soils, grounds, havens, pons, rivers, waters, fishings, mines, minerals, precious stones, quarries, and all and singular commodities, jurisdictions, royalties, privileges, franchises, preeminences, and hereditaments whatsoever.” 419 No. 71.] This was a new and independent grant. It did not, as in the original grant to the Plymouth Council, except any part “ actually possessed by any Christian Prince or State.” It apparently con- veyed the lands between the Massachusetts Colony on the North at Latitude 42° 02', and a parallel drawn from a point on the coast 40 leagues from the Narragansett, which was concluded to be in Lati- tude 41, extending without reserve to the Western ocean. The Dutch held and occupied the Hudson River Country, although their claim was not acknowledged as valid by the English. In 1664, the Dutch still in possession, Charles made his grant to the Duke of York, of land, which, if the previous Dutch title were not to be considered valid, he had already conveyed to the Colony of Connecticut. The Duke of York took possession, the Dutch yielding without resistance. In 1682, twenty years after his grant to Connecticut, King Charles granted the Charter to William Penn, which also covered, for a distance of 5 degrees of longitude, nearly the entire width of the territory already conveyed to Winthrop and his associates. In 1670, an attempt at possession was made by Winthrop upon the Delaware by building a fort, which he afterward abandoned, not being able to hold it against the Indians. But for seventy years after the grant to Penn this wilderness was left unoccupied by both parties. Early in 1753 the following petition was presented to the General Assembly of Connecticut. To the Honorable Assembly , to be hoi den at Hartford , second Thursday of May next , the memorial of the subscribers , inhabitants of Farmington , Windham , Canterbury , Plainfield , Voluntown , and in several other towns , all of Connecticut Colony , humbly showeth ; u That whereas , There is a large quantity of land lying upon a river called Susquehanna, and also at a place called Quiwanmick, and that there is no English inhabitants that lives on said land, nor near thereunto, and the same lies about seventy miles west of Dielewey River, and, as we suppose, within the charter of the Colony of Connecticut, and that there is a number of Indians that live on or near the place of land aforesaid, who lay claim to the same, and we, the subscribers, to the number of One hundred per- sons, who are very desirous to go and inhabit the aforesaid land, and at the place aforesaid, provided that we can obtain a quiet or quit-Claim of the Honorable Assembly, of a tract of land lying at the place aforesaid, and to contain a quantity of sixteen miles square, to lie on both sides Susquehanna River, and as the Indians lay claim to the same, we propose to purchase of them their right, so as to be at peace with them; whereupon we humbly pray, that the Honor- able Assembly would grant to us a quit-Claim of the aforesaid tract, or so much as the Honorable Assembly shall think best, upon such terms as your Honors shall think reasonable, and in such a way and manner, that in case we cannot hold and enjoy the same by 420 [Senate virtue of said grant, yet notwithstanding the same not to be hurt- ful or prejudicial on any account to this Colony, and in case we can Hold and possess said land, then to be always under the government, and subject to the laws and discipline of this Colony, and provided that we, the said subscribers, shall within three years next coming lay the same out in equal proportion, and settle upon the same, as also pur- chase the right of the .Natives as aforesaid, or in some other way grant us the land aforesaid, as your Honors shall think best, as we, in duty bound, shall ever pray.” In that year also, “ The Susquehanna Company” was organized by several hundred Connecticut people, for the purpose of establish- ing a new Colony within the Charter limits west of the Delaware River. The extinguishment of the Indian title was the first pre- liminary in this movement, and as an attempt at this, a treaty was made with eighteen chiefs of the Six Nations who 1 1 July 1754, at Albany for the sum of two thousand pounds, conveyed to the mem- bers of the Susquehanna Company (the number of grantees was 1388) a tract of land described thus : — “ Beginning from the one and for- tieth degree of North Latitude, at ten miles distance east of Susque- hanna river, and from thence, with a northerly line, ten miles east of the river, to the forty-second or beginning of the forty-third degree of north latitude, and to extend west two degrees of longitude, one hundred and twenty miles, and from thence south to the beginning of the forty -second degree, and from thence east to the aforemen- * tioned bounds, which is ten miles east of the Susquehanna river.” This was probably the purchase made by John Lydius, for which Governor Morris wished him prosecuted by the New York Council.* And in May the following year, the Assembly of Connecticut upon the petition of the Susquehanna Company, passed an Act in which, after reciting that the lands were within the Charter limits, it was resolved, “ that they are of opinion that the peaceably and orderly erecting and carrying on some new and 'well-regulated colony or plantation on the lands abovementioned would greatly tend to fix and secure said Indian nations in allegiance to his Majesty, and ac- cordingly hereby manifest their ready acquiescence therein, if it should be his majesty’s royal pleasure to grant said land to said petitioners, and thereon erect and settle a new colony, in such form as might be consistent with his Royal wisdom, and also take leave humbly to recommend the said petitioners to his Royal favors in the premises.” This grant covered an extent of country along the present Bound- ary, from near Milestone 47 nearly to milestone 167, in the Tuna Yalley. The King did not act favorably upon the application for a Charter. The Delaware Company purchased the portion lying be- tween this and the Delaware River. Five days before the date of the Indian Deed to the Susquehanna Company, the Penns also took a Deed from thirty chiefs of the Six Nations, covering, however, land entirely south of the parallel of 42 * See page 54. No. 71.] 421 degrees. But three days thereafter, and two days before the date of the deed to the Susquehanna Company, the Penns for the sum of five shillings, obtained a stipulation from eight chiefs of the Six Nations, u That neither we nor any by our authority shall sell, grant or convey to any other than the said Proprieters any lands within the limits of the said Province.” This was endorsed on a deed made in 1736 by twenty three chiefs which contained a similar stipulation, as follows : “ We do hereby promise and engage, for our children and their chil- dren, that neither we nor they will sell or grant to any person, other than to the said proprietors, the children of William Penn, any lands within the limits of the gov- ernment of Pennsylvania, as ’tis bounded northward with the gov- ernment of New York and Albany.” The Penns purchased the Indian title to the lands covering tbe southeastern portion of the Grant to the {Susquehanna Company in 1768; and the remainder, west of the Susquehanna and north of Towanda, was purchased by the Commonwealth of Pennsylvania in 1784. Meanwhile the Delaware and Susquehanna Companies, in 1755, sent out Surveyors to lay out the lands, and much of the territory was marked olf into Townships five miles square. Five of these townships were in the northwest corner, within the present limits of McKean County. A settlement was made upon the Delaware. The Pennsvlvania Proprietaries had already made surveys in this section. In 1768 the Susquehanna Company resolved “ that five townships, five miles square, should be surveyed and granted, each to forty set- tlers, being proprietors, on condition that those settlers should re- main upon the ground ; man their rights ; and defend themselves, and each other, from the intrusion of all rival claimants.” Five townships in the Wyoming Valley were assigned to the first settlers under this provision. They were a bold and hardy race, some of whom had seen service in the French War. A stockade called Forty Fort was built near Kingston. Up to this time, no Pennsylvania settlers had taken up any lands in this valley. Early the next year the Penns made a move in this direction, and the lamentable contest known as the “ Pennamite W ar ” commenced. It was waged with varying success between the Connecticut settlers and the lessees of the Penns; blood was shed and several lives were sacrificed. The Proprietaries had made no grants, simply leasing land which they had taken up themselves ; and having appropriated to their own use the best land in the valley, the sympathies of the people of the Province were with the actual settlers. Pennsylvania, in 1771, thinking from the persistence of the intruders, that they were sus- tained by the Government of Connecticut, withdrew her troops and left the Yankees in quiet possession. Governor Hamilton wrote Governor Trumbull of Connecticut, asking under whose authority u these violent and hostile measures ” were prosecuted, and Trumbull answered 14 October, 1771 : — “ The 422 [Senate persons concerned in those transactions have no order or direction from me, or from the General Assembly of the colony, for their proceeding upon this occasion, and I am very confident that the General Assembly, friends as they have ever been to peace and good order, will never countenance any violent, much less hostile, meas- ures in vindicating the rights which the Susquehanna Company sup- pose they have to lands in that part of the country within the limits of the charter of this colony.” Governor Hoyt in commenting upon this says, “ Connecticut had not yet asserted its title to this country. The inhabitants of Wyoming established a government for themselves. They laid out townships, formed settlements, erected fortifications, levied and collected taxes, passed laws for the direction of civil suits, and for the punishment of crimes, established a militia, and provided for the common defense and general welfare of the plantation. ‘ Neither the Grecian nor Roman States, in their proudest days of republicanism, could boast of a government more purely dem- ocratic than was now established at Wyoming/ ” For two years every thing was quiet and prosperous. The settlers appeared to have secured a firm footing. In October, 1773, the Gen- eral Assembly of Connecticut, “ Resolved , That this Assembly, at this time, will assert and, in some proper way, support their claim to those lands contained wfithin the limits and boundaries of their charter, which are westward of the Province of New York.” Commissioners went to Philadelphia to negotiate, but the result was a failure. In January, 1774, the Assembly of Connecticut erected u all the territory within her charter limits, from the river Delaware to a line fifteen miles west of the Susquehanna, into a town, with all the corporate power of other towns in the colony, to be called Westmoreland attaching it to the County of Litchfield.” Pennsylvania troops in December, 1775, advanced up the river to drive the Connecticut settlers from Wyoming; the settlers repulsed them with some loss of life on both sides. Congress here interfered and “ Resolved, ...... that the contending parties immediately cease all hostilities and avoid any appearance of force, until the dispute can be legally settled.” “ In November, 177b, the town of Westmoreland was erected into a County of Connecticut, to be called Westmoreland, and thereupon its civil and military organization was complete. “ Three companies of troops were raised therefor the Continental establishment, and were part of the Twenty-fourth regiment of the Connecticut line.” “ From this time a complete civil and military establishment took place and continued until the decree of Trenton, in December, 1782. That the troops raised in this territory were part of the Connecticut line, and as such recognized by Congress. That the whole settlement stood then as a guard and protection of the frontier. Representa- tives attended the Legislature. Courts were constituted and tried No. 71.] 423 all causes, real and personal civil and criminal, and carried their judgments into effect. Executions wore extended upon land. Judges of Probate held cog lizance of testamentary matters. Records were regularly kept. Offenders against the laws of Connecticut were in- dicted, tried, convicted, and punished. All grades of officers, civil and military, were appointed, and exercised the various functions of their offices. “That all these incidents gave the actual settlers ‘color of title ’ : whether that title was otherwise perfect or not, they were actual set- tlers and improvers. That per contra , the Pennsylvania claimants were not there as bona fide settlers and improvers, but as a posse, or in military capacity. It is not believed that the Proprietaries created any bona fide titles to individuals here before 1771. There may have been holders of these titles, improvers, but if so, they lived in a Connecticut community, and had been governed by Connecticut law, under Connecticut jurisdiction.”* Pennsylvania warrant surveys covered those made by the Connec- ticut surveyors with a new series of lines. At the close of the Revolution, Pennsylvania brought the question promptly before Congress asking it to appoint Commissioners “ to constitute a court for hearing and determining the matter in ques- tion, agreeably to the ninth article of the confederation.” Connec- ticut asked for delay, but this was overruled by Congress which, 28 August, 1782, appointed William Whipple, of New Hampshire, Welcome Arnold, of Rhode Island, David Brearly and William Churchill Houston, of New Jersey, Cyrus Griffin, Joseph Jones, and Thomas Nelson, of Virginia, Commissioners “ to meet at Trenton, in the State of New Jersey, on Tuesday, the 12 th day of November next, to hear and finally determine the controversy between the said State of Pennsylvania and State of Connecticut, so always as a major part of said commissioners, who shall hear the cause, shall agree in the determination.” The court met and organized 19 November, 1782. Both states were represented by eminent Counsel. For forty -one days the mem- bers of the Court sat. Charters, statements, and briefs were sub- mitted, arguments were made, and testimony of all kinds produced, and 30 December, they decided, “We are unanimously of opinion that the State of Connecticut has no right to the lands in contro- versy. “ We are also unanimously of opinion that the jurisdiction and pre-emption of all the territory lying within the charter boundary of Pennsylvania, and now claimed by the State of Connecticut, do of right belong to the State of Pennsylvania.” Connecticut tackly acquiesced in this decree which was conclusive between the States who were parties, but did not affect the private rights of property, as the record shows, and as is also set forth more decidedly in a letter addressed 31 December, to the President of * Hoyt, pp. 24, 26, 28. 424 [Senate Pennsylvania by four members of the Court, in which they say, “ In the course of executing this commission, we have found that many persons are, or lately have been, settled on the lands in question. Their individual claims could, in no instance, come before us, not being in the line of our appointment. We beg leave to declare to your Ex- cellency, that we think the situation of- these people well deserves the notice of government. The dispute has long subsisted. Tt may have produced heats and animosities among those living on or near the country in contest, and some imprudences may take place, and draw after them the most unfavorable consequences. “With all deference, therefore, we would suggest to your Excel- lency and council, whether it would not be best to adopt some rea- sonable measures to prevent any, the least, disorder or misunder- standing among them, and to continue things in the present peace- able posture until proper steps can be taken to decide the contro- versy respecting the private right of soil in the mode prescribed by the confederation.” This was concurred in, afterward, by another member of the Court who wrote, u But I can assure you, sir, that the Commission- ers were unanimously of opinion that the private right of soil should not be alfected by the decision. The decision was not to reach the question of property in the soil. “ We recommend very strongly, derived from legal and political grounds, that the settlers should be quieted in all their claims, by an act of the Pennsylvania Assembly ; and that the right of soil, if I recollect truly, as derived from Connecticut, should be held sacred. Such, however, I am certain, was the opinion of the individuals who composed that Court.” An attempt was made after this decree, for the determination under Congress of the private right of soil upon the application of Connecticut settlers. Technicalities caused delay and the adoption of the Constitution removed the jurisdiction from special courts of Commissioners to the Courts. The settlers accepted the situation and became citizens of Pennsylvania, but would listen to no terms which would involve “abandonment of their possessions.” The Connecticut settlers numbered about six thousand. They were included mainly in seventeen townships stretching along the Susquehanna in the present counties of Luzerne, Lackawanna, Wyoming, and Bradford. The most northerly township was Athens, which was adjacent to the present State Boundary. The settlers petitioned the State Legislature to take their case into con- sideration and grant a “ general act of oblivion and indemnity,” and confirm judicial proceedings held under authority of Connecti- cut. The Assembly resolved to appoint Commissioners “ to make full inquiries into the cases ”, and 13 March, 17^3, passed a stay law, pending the investigation. These Commissioners were inclined to take the extreme Pennsyl- No. 71.] 425 vania view of the case. They reported in August, 1783, recom- mending “ to the families of those who had fallen in arms against the common enemy, reasonable compensation in land in western Pennsylvania, and to the other holders of Connecticut titles who ‘did actually reside on the land at the time of the decree at Trenton, provided they delivered possession by the 1 st day of April follow- ing.’ ” The stay law was repealed ; troops were stationed among the set- tlers ; arrests and counter-arrests were made ; settlers were dispos- sessed and their buildings and crops destroyed ; and the “ Second Pennamite War ” was in full progress. The sympathies of the peo- ple were still with the oppressed settlers. The Council of Censors took up the case. Their duty was “ to inquire whether the Constitution has been preserved inviolate in every part, and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised, other or greater powers than they are entitled to by the Constitution.” Upon 11 September, 1784, they solemnly denounced the measures instituted by the Executive Council against the settlers and in con- clusion said. “ In short, we lament that our Government has, in this business, manifested little wisdom or foresight, nor have acted as the guardians of the rights of the people committed to their care. Impressed with the multiplied evils which have sprung from the improvident management of this business, we hold it up to censure, to prevent, if possible, any farther instances of bad government, which might involve and distract our new-formed nation.” The Executive Council still kept on. The militia were ordered out but refused to march. A posse went on to dispossess those who had re- occupied their farms. Upon 15 September, 1784 the Assembly passed an “Act for the more speedy restoring the possession of certain messuages, lands, and tenements in Northumberland county, to the persons who lately held the same.” The troops or “ posses ” were recalled and “ thus ended the last expedition fitted out by the government of Pennsylvania to operate against her own peaceful citizens.” In 1785, the Susquehanna Company took up the case, and while Pennsylvania was preparing to do justice to the settlers, the Com- pany was pushing a scheme of Revolution. This brings us to 1786, when Ethan Allen, fresh from Vermont’s victory in her contest with New York, was brought by the Company into the scheme, which was to erect the Connecticut claim into a separate state. And now the contest seemed to be between the settlers, who had had enough of trouble, and the “wild Yankees,” as the revolutionists were called. A petition was sent by the settlers to the Legislature praying that the seventeen Townships located by the Connecticut settlers before the decree ot Trenton, might be confirmed to them and 27 March, [Sen. Doc. No. 71.J 54 m [Senate 1787, an “Act for ascertaining and confirming to certain persons, called Connecticut Claimants, the lands by them claimed within the County of Luzerne, and for other purposes therein mentioned,” was passed. After a preamble setting forth the case, it enacted, “ That all the said rights or lots now lying within the county of Luzerne which were occupied or acquired by Connecticut claimants who were actually settlers there, at or before the termination of the claims of the State of Connecticut by the decree aforesaid ” [the decree of Trenton] “and which rights or lots were particularly assigned to the said set- tlers prior to the said decree, agreeably to the regulations then in force among them, be and they are hereby confirmed to them and their heirs and assigns,” and provided the manner in which Penn- sylvania claimants to the same lands might be compensated. In a General Assembly of the settlers after fierce discussion the “ Confirming Law ” was accepted. The acceptance killed the project for a new state. Trouble still continued. The new law proved a failure in execution. The law was repealed and although the re- pealing law put the Pennsylvania claimants in possession it prac- tically recognized the rights of the Connecticut settlers. In 1799, 4 April, an k ‘ Act for offering compensation to the Penn- sylvania claimants of certain lands within the seventeen townships,* * in the county of Luzerne, and for other purposes therein mentioned,” was passed which designated commissioners to proceed with the in- vestigation of the matter; provided for the Pennsylvania claimants within the seventeen townships who were to release their lands to the Commonwealth, and for perfecting the title of the Connecticut settlers under the laws of Pennsylvania. The claimants refused or neglected to execute the releases under the act; the settlers at first, with previous failures to obtain redress by law fresh in their minds, were not inclined to accept this law. The act of 6 April, 1802 rem- edied this and provided for a jury to award compensation to the Pennsylvania claimants who failed to release ; and the act of 4 April authenticated the “Westmoreland Records.” In 1808 the powers of the Commissioners were suspended and the case between the State of Pennsylvania and the Connecticut settlers of the Seventeen townships came to an end. Outside the seventeen townships, the case was different. An In- trusion Act was passed 11 March, 1800, and another 16 Feb., 1801; and 6 April, 1802, an act was passed “to maintain the territorial rights of this State, and protect the property of persons holding lands ^Although the number of certified Townships is geneially given as 17, an eighteenth, Athens, was apparently included in the confirmation to the settlers. *This Township was laid out five miles square, May 7, 1786, by John Jenkins. “ Beginning at stake marked, standing on the north line of the Susq° Purchase one mile west of Tioga Branch. Thence East on said line crossing both Branches of the Susquehanna 5 miles to a Pine tree marked,” etc. The north line on the Map is marked “ Adjoining the State Line.” This was undoubtedly Maclay’s “temporary lme,” about half a mile south of the State Line as officially located soon after. (See page 75.) No. 71.] 427 under the same.” The act excepted the lands of claimants who had taken advantage of the Compromise Act of 17*19. In a litigated case, the court expressed it, “ the manifest object of this act appears to have been to continue the kindness which had been extended to the seventeen townships, but to cut up by the roots the title of Connecticut in all other parts.” In the general discussion among the states near the close of the Revolution as to the disposition of the unlimited tracts of lands covered by the Royal Charters, New York had early ceded her right to all such land west of the present Meridian Boundary of New Y T ork. The Connecticut Legislature, with the Pennsylvania contest still upon her hands, upon 12 October, 17S0, prior to the decree of Trenton, passed an Act of Cession authorizing their delegates in Congress to convey to the United States, “their Right or preemp- tion of Soil in or to so much of the vacant and unappropriated Lands Claimed by this State contained and comprehended within the ex- tent and Limits of their Charter and Grant from King Charles the second, and which lies and extends within the Limits of the same Westward of the Susquehannah Purchase so called and Eastward of the River Misisiph, as shall be in just proportion of what shall be Ceded and relinquished by other States.” This offer of Connecticut was so conditional that Congress, in- fluenced in a measure by the opposition of the delegates from Pennsylvania refused to accept it, and upon 29 April, 17S4, presented the subject again to the states, which still held claims to we?tern territory. Connecticut in 1786 passed a new act of cession in pur- suance of which her delegates executed 14 September in that year a deed granting to the United States “all the right, title, interest, jurisdiction, and claim to certain western lands, beginning at the completion of the forty-first degree of north latitude, one hundred and twenty miles west of the western boundary line of the Common- wealth of Pennsylvania, as now claimed by the said Commonwealth and from thence by a line drawn north parallel to, and one hundred and twenty miles west of said west line of Pennsylvania, and to continue north until it comes to forty-two degrees and two minutes of north latitude,” which was accep'ed by Congress, 14 Sept., 1786 “ to be recorded and enrolled among the acts of the United States in Congress assembled.” This seemed to be a virtual recognition of the validity of the Connecticut Charter by the United States. That General Washington did not look favorably upon this com- promise with Connecticut is evinced by the following extract from a letter to a member of Congress, 26 July, 1786 : — “For want, 1 suppose, of a competent knowledge of the Connecti- cut claim to western territory, the compromise which is made with her appears to me to be a disadvantageous one for the Union, and, if her right is not one of the motives (according to your account) for yielding to it, in my humble opinion, is exceedingly dangerous and bad.” 428 [Senate The settlers upon the “Western Reserve,” as the tract of 120 miles retained by Connecticut was called, found that the jurisdiction of Connecticut could not be extended over them without great inconvenience, and that they could not submit to the territorial government established in the North Western Territory, without endangering their titles, applied to the Legislature of Connecticut to cede the jurisdiction of the Reserve to the United States, and the Legislature of that state in October, 1797, passed an “Act authoriz- ing the Senators of the said State in Congress to execute a deed of release in behalf of said State to the United States of the jurisdic- tion of said territory.” By an act passed 28 April, 1800 accepting the Deed of Cession and directing the President to execute letters patent to confirm the title of the soil to the settlers, “ Provided however , That such let- ters patent shall not be executed and delivered, unless the State of Connecticut shall within eight months from passing this act, by a legislative act, renounce forever, lor the use and benefit of the United States, and of the several individual states who may be therein concerned respectively, and of all those deriving claims or titles from them or any of them, all territorial and jurisdictional claims whatever, under any grant, charter or charters whatever, to the soil and jurisdiction of any and all lands whatever lying west- ward, northwestward, and southwestward of those counties in the state of Connecticut, which are bounded westwardly by the eastern line of the state of New York, as ascertained by agreement between Connecticut and New York, in the year one thousand seven hundred and thirty -three, excepting only from such renunciation the claim of the said State of Connecticut, and of those claiming from or under the said State, to the soil of said tract of land herein described un- der the name of the Western Reserve of Connecticut.”* “ In accordance with the foregoing act of Congress, the General Assembly of the State of Connecticut, on the second Thursday of May, 1800, passed ‘ An Act renouncing the claims of this State to certain lands therein mentioned 5 and the several cessions of Western Lands, initiated by New York in 1780, were, after a lapse of twenty years made complete.” By the passage of this act Connecticut formally renounced all her claims outside of her present Boundaries. Governor Hoyt concludes his discussion of this controversy thus, “ All the foregoing discussion converges upon two propositions, each somewhat paradoxical : u 1. In the forum of Law, Connecticut, wfith a title regular on its face, failed justly. “ 2. In the forum of Equity, 4 the Connecticut settlers,’ without other title than the 4 possessio pedisj prevailed rightly.” *U. S. Statutes at Large, ii, 56, 57. No. 71.] 429 III. The Connecticut Gore. Very few of the dwellers along the Parallel Boundary, in the State of New York, are aware that the title to a narrow strip along that Line was involved in the controversy between Connecticut and Pennsylvania, and that Connecticut, after having abandoned the con- test with Pennsylvania, undertook to renew it with New York. The south line of the territory conveyed by the charter of Massa- chusetts was found to be along the parallel of latitude 40° 02' . 2* miles north of the forty-second parallel, the north line of Pennsyl- vania. By the Charter of Connecticut granted 1662, the territory conveyed was hounded “ on the north by the line of the Massachu- setts Colony running from East to West (that is to say) from the said Narrogansett Bay on the East, to the South Sea, on the West part.” Connecticut confined herself in her contest for the actual posses- sion of the lands covered by her Charter, west of the Province of New l"ork, to that portion of them which were contained within the limits of the territory granted to William Penn. The Indian Deed to the Susquehanna Company conveyed “ to the forty-second or be- ginning of the forty-third degree of North Latitude.” Connecticut had her hands full with a contest with New York over the Line east of the Hudson, and evidently did not care to complicate it by setting up claims for lands which might possibly be claimed by New York in the other direction. The controversy went on in Pennsylvania, and w^as ended, so far as the State of Connecticut was concerned. The latter State had ceeded her western lands, beyond the Western Reserve, to the Uni- ted States, and by her acceptance of the Decree of the Trenton Com- mission, she abandoned her claim to lands within the territory of Pennsylvania. Considering the Delaware River as the western limit of the Prov- ince of New York, as it was evidently construed by King Charles in his grant to Penn, and as admitted by Gov. Tryon in his Report of 1774,* there still remained to Connecticut the nominal title to a strip of land two minutes of latitude in width, extending from the Dela- ware River to Lake Erie, to which she had never laid claim, either by actual pre-emption by her agents, or by conveyance to other parties. In the controversy between Connecticut and Pennsylvania, upon the question whether Connecticut could hold beyond the province of New York under her Charter, eminent Crown lawyers were con- * The Lords of Trade and Plantations made an elaborate “ Representation ” of the condition of the Colonies in detail, to the King (George I) 8 Sept. , 1721 in which the Boundaries of each province are given. New York is stated as being bounded “ southwest by the Province of New Jersey, northwest by Delaware river” and they were careful to give no western Boundary to Connecticut, although they bound New York East by that Colony. (N. Y. Col. Hist, v, GOO.) 430 [Senate suited. The Penns submitted their case to the Attorney General, afterward Lord Camden, whose opinion is dated 7 March, 1761. “If all the colonies in North America were to remain at this day, bounded in point of right, as they are described in the original grants of each, I do not believe there is one settlement in that part of the globe that has not in some measure either been encroached upon, or else usurped upon its neighbours : so that if the grants were them- selves the only rule between the contending plantations, there never could be an end of their disputes without unsettling large tracts of land, when the inhabitants have no better title to produce, than either possession, or posterior grants, which in point of law, would be superseded by prior charters. Hence I conceive that many other circumstances must be taken into consideration, besides the parch- ment boundary : tor that may at this day be extended or narrowed by possession, acquiescence, or agreement ; by the situation and con- dition of the territory at the time of the grant, as well as by various other matters. “ With respect to the present dispute, the western boundary of Connecticut was barred at the time of the original grant by the Dutch settlement : and the Crown were deceived when they were called upon to convey a territory which belonged to another State then in amity with the Crown of England. Besides this objection, the settlement of the new boundary, under the King’s commission, in 1664, and what is still stronger, the new line marked out by agreement between this province and New York, has now precluded Connecticut from advancing one foot beyond these limits. “I am of the opinion, therefore, that the Province of Connecticut has no right to resume their ancient boundary by over- leaping the Province of New York : or to encroach upon the Penn- sylvania grant, which was not made until after the Connecticut boundary had been reduced by new confines, which restored the lands beyond those settlements westward, to the Crown, and laid them open to a new grant.” The Connecticut case was submitted to Lord Thurlow and other eminent lawyers : — “ Question 11. Have not the said Governor and Company of the Colony of Connecticut, the right of preemption and the title under the Crown to the lands aforesaid, within the limits and bounds of their patent aforesaid, lying westward of the Province of New York, and not included m the charter of King Charles II to the Duke of York, notwithstanding the several settlements of boundaries between the colony on the east and the province on the west, made as well by agreement between the parties as under the royal authority, and notwithstanding the subsequent charter to Sir William Penn ? “ Answer . The agreement between the Colony of Connecticut and the Province of New York can extend no further than to settle the boundaries between the respective parties, and has no effect No. 71.] 431 upon other claims that either of them had in other parts : and as the charter of Connecticut was granted but eighteen years before tha to Sir William Penn, there is no ground to contend that the Crown could, at that period, make an effectual grant to him of that coun- try, which had been so recently granted to others. But if the country had been actually settled under the latter grant, it would now be a matter of considerable doubt whether the right of the occupiers or the title under which they hold, could be impeached by a prior grant, without actual settlement.” While in the Pennsylvania matter the last opinion was favorable to the Connecticut claim, in the New York matter it was practically adverse to it. Thus Connecticut in accepting this opinion, had the unanimous decision of counsel against her in advance. The State of Connecticut was building a State House in Hartford. In those early days it seems to have been as much of an elephant on the hands of the Commonwealth, as the new Capitol at Albany is held to be by some of the present generation. Andrew Ward and Jeremiah Ilahey were the contractors. And inpayment for mate* rials furnished and services rendered, Connecticut hit upon the haj.py expedient of laying claim to this almost forgotten strip of land, and conveying it to Ward and Halsey. Under an Act of the Assembly of Connecticut passed the second Tuesday in May, 1795, Governor Samuel Huntington executed a deed dated 25 July, 1795, in which lie, for the Commonwealth quit j claimed to Andrew Ward and Jeremiah Halsey, “said land situated and lying within the original Charter limits of this State, on the north of, and adjoining upon the north line of Pennsylvania as the same is now claimed by the Commonwealth of Pennsylvania and South of the original charter line of the Commonwealth of Massa- chusetts, extending from the northeast corner of said Commonwealth of Pennsylvania, and abutting on the north line of Pennsylvania as aforesaid westward, until it comes to the east line of a tract of land sold by these United States to said Commonwealth of said Pennsyl- vania, and bounded northerly on south line of the Commonwealth of Massachusetts as before expressed.” The consideration in the Deed was forty thousand dollars. The Colony of New. York had assumed jurisdiction over the lands in question by the organization of Tryon (afterward Montgomery) County, which embraced the territory of the Province west of the Delaware River, in 1772, more than twenty years before the date at which Connecticut appeared to claim it; the Colony had also joined with Pennsylvania in fixing a starting point upon a boundary be- tween the Provinces; and in 1786-7 their successors, the States, had together run the south line of New York. The latter State had al- ready entered upon the entire area of the strip, or “Gore,” and with a few inconsiderable exceptions in the southeastern part of Broome County, had conveyed it away, and settlers were in possession at various points. Nearly two-thirds of it had passed into the hands 432 [Senate of Massachusetts and had been further transferred to other parties. The conditions of the contest between Connecticut and Pennsyl- vania were reversed. Ward and Halsey organized a company called the ‘•'Connecticut Land Company ”, for the purpose of taking up the land purchased by them. Claimants under the Company undertook to take posses- sion, and the matter was brought to the attention of Governor Jay of New York, then just elected, and 8 February, 1796, he sent the following message to the Legislature : — ‘•Gentlemen: Having received information that certain persons, under pretence of title from a neighbouring state to a considerable tract of country in this, were by improper practices endeavouring to draw into question the jurisdiction, and to excite opposition to the lawful authority oi this Stale over the said tract, I referred that in- formation to the Attorney General, with directions to make further inquiries and to report to me the result. I this morning received from him a letter which together with other papers respecting this subject, I have now the honor of laving before you. ‘‘ It appears to me expedient as well as just, that the rights of the state be at all times maintained with firmness, and vindicated with promptitude and decision.” And upon the fifteenth of the same month he addressed the Legislature again as follows, in a special Message : — “ You will also herewith receive a representation from Jeremiah Halsey, which considering its connection with the subject of my former message relative to the opposition said to be existing to the jurisdiction and title of this State, to and over a part of its territory by certain persons claiming the same, I think should be laid before you.” This was referred to the Committee of the Whole. Four days afterward, the Legislature passed the following Joint Resolu- tion. “Resolved, That it is the sense of the Legislature that the land within this State lately sold by the state of Connecticut has been long since held under grants from this state and the late Colony of New York, and great part thereof is actually settled under such grants aforesaid. That the late Colony of New York, and this State have continually exercised jurisdiction over the said tract of Country from the first settlement thereof without any claim by or on the part of the State of Connecticut until the late sale made by that state since the last session of the Legislature of this State. That this state will at all times submit to the decision of the proper and Constitutional court of judicature respecting any controversy with any State or any person claiming under any State in the Union. But it is determined until such decision be had, to maintain the antient jurisdiction thereof, and to protect all the citizens and inhabitants of this State in their rights and possessions against all claims and pretenses whatsoever. And therefore his Excellency the Governor is hereby requested to direct the Attorney General to No. 71.] 433 institute proper suits and prosecutions against every person who shall make any intrusion or entry upon, or take possession of any land in either of the counties of Otsego, Tioga, or Ontario under any claim or pretense of title from the State of Connecticut or who shall sell or buy any such pretended titles, and to defend at the expense of this State all suits to be brought by or under the State of Connecticut against any person for the recovery of or concerning any land in either of the said Counties held under this State, or the agreement between this State and the Commonwealth of Massachu- setts. And his Excellency the Governor is also hereby requested to issue a Proclamation, commanding all Magistrates and other citi- zens of this State, to oppose and prevent by all legal means in their power any such intrusion, entry, sale or purchase, and to give due notice of all such practices as may come to their knowledge.” Governor Jay at once issued his proclamation, in which, after reciting the words of the resolution, he concludes with “ to the end that proper measures may therefore be immediately taken to main- tain the authority of the laws, and to bring the offenders to an exemplary punishment.” Upon 11 March, the Legislature passed u An Act to prevent Intru- sions on Lands within the Jurisdiction of this State , under pretence of Title from the State of Connecticut. “Whereas information has been received by this legislature, that certain persons under pretence of title derived from a quit claim grant from the state of Connecticut, for a considerable extent of territory within this state, do by various improper practices endeavor to draw into question the jurisdiction of this state over the said territory, excite opposition to the lawful authority thereof, and defame the titles of persons holding lands by grants under the great seal of this state, or under the great seal of the late colony of New-York ; in order therefore, to counteract such practices, and to preserve the just rights of the citizens of this state, I. Be it enacted by the people of the state of New- Yorl\ repre- sented in senate and assembly , That if any person shall intrude or settle on any of the waste or ungranted lands of this state, under or by virtue of any title or claim derived from or under the state of Connecticut, take possession of or settle on any lands within the jurisdiction of this state, every such person shall be deemed as hold- ing such lands by a foreign title against the right and sovereignty of the people of the state of New York ; and it shall be the duty of the person administering the government of this state for the time being, to remove or cause to be removed by such means, and in such manner as he shall judge proper all such persons so intruding, settling or taking possession of any lands within the jurisdiction of this state, and to cause all the buildings of such persons to be destroyed, and for that purpose in his discretion to order out any portion of the militia from any part of this state ; and every detachment so from time to time to be ordered [Sen. Doc. No. 71.] 55 434 [Senate out, shall receive the same pay and rations, and be subject to the same rules and regulations as is provided by law, when any portion of the militia of this state is ordered out, in case of invasion or other emergency. ‘‘II. And be it further enacted , That every person who shall bargain, sell or convey, or by any ways or means, obtain, get, or procure any pretended right or title, or make or take any promise, grant or covenant to have any right or title of any person or persons, in or to any lands, tenements or hereditaments within this state, under the said pretended title from the state of Connecticut, shall be deemed guilty of a public offence and high misdemeanor against the people of this state, and may be prosecuted for the same by indictment or information in any court of record within this state, and upon conviction be punished by fine and imprisonment in the discretion of the court, and if a citizen of this state, shall moreover be disabled forever thereafter, from electing or being elected to any office, place or trust within this state. “ III. And be it further enacted , That it shall and hereby is made the duty of and strictly enjoined on the justices of the peace, sheriffs and other officers of the government of this state, within the several counties of Otsego, Tioga and Ontario, immediately after the passing of this act, and from time to time thereafter, to make enquiry in the said counties respectively, in which they have jurisdiction, whether any person or persons have already settled, or shall hereafter settle or claim to hold lands within the said counties under pretence of title derived from such quit claim or other grant from the said state of Connecticut, and to report the name and names of any person so settling or claiming to the person administering the government of this state for the time being, to the end that they may be proceeded against according to law. “ IV. And be it further enacted , That in case any suit shall be instituted by any person whomsoever, claiming under any grant from the state of Connecticut, for the recovery of any lands within either of the said counties, the person administering the government of this state for the time being, upon notice thereof, shall direct the attor- ney-general of this state to defend every such suit, and the faith of this State is hereby pledged for defraying the expense of all the costs and charges of defending every such suit as aforesaid. 5 ’* Suits of Ejectment were brought in the United States Circuit Court for the District of Connecticut, for the Connecticut claimants by Jonathan Lyman and Samuel Fowler, against Mary Lindley and others, and Abraham Miller, for the recovery of lands in Steuben and Tioga Counties, to which the plaintiffs claimed title under a grant from Connecticut. The Lindley suit involved the title of part of Township 1, Range 2, of the Phelps and Gorham Purchase. The Legislature of New York, 3 Nov., 1796, further instructed the Governor to retain the Attorney General and such counsel as *Laws of 1796, (3 Webster,) Chap xxv. No. 71.] 435 might be required to defend these suits and others which might be instituted; and appropriated the sum of live thousand dollars toward the expense. From the report of the Attorney General, Josiah Ogden Hoffman, to Gov. Jay in Nov., 1797, we find that in the case of Abraham Mil- ler, a default was entered, but waived and the case re-opened. Mr. Hoffman and Col. Hamilton attended the session of the Cir- cuit Court at Hartford in September and entered plea as to jurisdic- tion upon the ground that the lands in question were outside the limits of the District of Connecticut, and the plea was contested by the plaintiff. The object of the latter seemed to be to obtain a jury entirely composed of citizens of Connecticut. Such a jnry was chal- lenged on the ground that the Deputy Marshal who summoned the jury was a citizen of Connecticut, and was a claimant under that State to part of the lands. Upon the latter ground, the plea was sustained and the case put over, but the Court overruled the plea of jurisdic- tion. Mr. Hoffman recommended legislation by Congress to allow removal of cases of this nature to places of trial where juries may be summoned from Districts not interested in the controversy. An act of this character was introduced into Congress but it failed to pass. Gov. Jay in a message in May, 1798, called the attention of the Legislature to the rejection of this bill, and recommended the subject to the serious consideration of that body. And in March, 1799, he requested that an additional appropriation the first one hav- ing become exhausted, and the following item w'as inserted in the general Appropriation Bill of that session : — “ That the treasurer shall pay to the order of the person administering the government of this state such sums as he may from time to time direct for defray- ing such charges and expenses as have arisen or may arise in and about the defence of the rights of this State, against the claim made under the State of Connecticut.” The case was taken to the Supreme Court of the United States at Philadelphia, where the question whether the suits ought to be con- sidered as depending between the States of New York and Connecti- cut, was argued by Messrs. Hoffman and Morgan Lewis, of New York for, and Hillhouse, of Connecticut against, upon a motion for a rule to remove the case to a place of trial outside the jurisdiction of Con- necticut and New York. Meantime the Legislature of Connecticut passed a resolution agreeing that when the proprietors of the gore should have settled and adjusted all disputes with New York, the State of Connecticut would release the whole juridical right over the Territory, and in ac- cordance with the recommendation of the Legislature, the Land Com- pany, 17 Dec., 1797, appointed James Sullivan, James Wadsworth and Alexander Wolcott as Commissioners to negotiate with New York, provided that the negotiations be entered upon before 1 April, 1798. This action was communicated to the Legislature of New York, 23 Jan., 1798, by Governor Jay. 436 [Senate The subject was promptly considered by the Legislature, and upon 14 February the following Resolution was passed. “Whereas the State of New York does not acknowledge the claim of Connecticut to any lands in this State, and whereas this State has full confidence in the impartiality, knowledge, and integ- rity of the judiciary of the United States in regard to any suit com- menced, or which may hereafter be commenced, which involves the claim of the people of Connecticut to any lands in this State, there- fore, “ Resolved , That it would be improper for this State to appoint commissioners to treat or confer with the commissioners on the part of Connecticut relative to the dispute in question.” Before the decision of the Supreme Court of the United States w r as reached, another effort for an amicable adjustment, was made, by the Connecticut Legislature appointing Commissioners for the settlement of the controversy. This action was responded to by the Legislature of New York by the passage 28 Feb., 1800, of an Act authorizing the Governor to appoint the Commissioners “ to finally s settle the controversy concerning the jurisdiction of the tract between this State and Connecticut in such a manner as they should judge most conducive to the interests of this State.”* Whether the Gov- ernor acted under this law is unknown. The Supreme Court soon after rendered a decision, declaring that the States were not parties and that the Circuit Court had jurisdiction. “ How far a suit may with effect be instituted in this Court to decide the right of jurisdic- tion between two States abstractedly from the right of soil, it is not necessary to determine. The question is a great one ; but not before us.”f When next the cases were called in the District Court at Hartford, the plea of jurisdiction was again entered and sustained upon the ground, “ that since the last continuance of these actions the State of Connecticut had renounced forever for the use and benefit of the United States, and of the several individual States who may be therein concerned respectively, and of those deriving claims or title from them or any of them, all the territorial or jurisdictional claims whatever under any grant, charter, or charters whatever to the soil and jurisdiction of any and all lands whatsoever lying westward of the east line of New York.” The cases were thrown out of court with costs upon the claimants. As is expressed in a printed appeal published in 1829, “ here the hopes of the Gore Company terminated and the prospects of gain under the grant from the State vanished in a moment.” “ They had expended in addition to the consideration in the deeds nearly twenty thousand dollars in prosecuting for and defending their rights to the land. After the decision of the Supreme Court and before the passage of the Act of Cession, sundry new members were admitted to the Gore Company, and others were desirous of Laws of 1800, chap. xv. f 3 Dallas, 411. No. 71.] 437 being admitted upon an estimation of the value of the franchise at the sum of $250000.” At the final decision of the District Court, the officers of the Land Company petitioned the Legislature of New York for relief. Their petition was referred to the Attorney General and Comptroller and upon their report, the Legislature 26 Feb., 1802, passed the following preamble and resolution : — “ Whereas, the Atty General and the Comptroller have in pursu- ance of the resolution of this Senate, at the last session of the legis- lature made this report on the petition of Hezekiali Bissell and Joseph Woodbridge, Agents for the claimants of lands purchased of the State of Connecticut, commonly called the Gore, wherein the Attor- ney General states as his opinion that the legal title of this State to the lands claimed can be established in case the claimants shall judge fit to institute new suits. Therefore “ Resolved .... That it would be inexpedient and in- consistent with the rights and interests of this State, to accede to any terms of adjustment or compromise offered by the persons claiming the said lands.” The claimants made no further effort to contest the case with New York, or to obtain possession of the land. They had to content themselves with a presentation of their claim to the State of Con- necticut, and with such relief as might be obtained in printed appeals to the sympathies of the public. 438 [Senate APPENDIX M. THE ERIE TRIANGLE. When the Legislature of New York passed the Act of Cession in 1780, the Revolutionary War was still in progress. When the Deed was signed, the fortune of war was beginning to turn in favor of the United States. Pennsylvania had been disappointed in her claim of thirty years before, of a northern boundary which would give her the entire eastern end of Lake Erie, a claim which was supported by many of the most authentic ante-bellum maps. The distorted representations of the topographical features of the country upon the rude maps of the period, encouraged her to believe that she still had a valuable lake frontage in the northwest corner of the province. In the proceedings preliminary to the final establishment of the northern boundary of the State, the General Assembly 15 Septem- ber, 1783, had, at the request of the merchants of Philadelphia, ap- pointed Commissioners, who were, among other things, “ To examine ... particularly whether any part of lake Erie is within the state of Pennsylvania, taking particular notes of the nature and geography of the country as to the practicability of roads, water carriage, air, soil, natural productions, &ea.”* The Commission found that before they could comply with this instruction it would be requisite that the northern boundary should be run. This boundary was finally established, and the State of Pennsyl- vania, instead of lake coast of thirty or forty miles, found herself cut off with but two or three miles of shore line, and the much- coveted harbor of Presqu’ Isle entirely within the territory ceded by New York and Massachusetts to the United States. Pennsyl- vania cast wistful eyes toward this land. Its extent was unknown, but it was estimated to contain nearly a million acres, and to cover a lake coast of eighty or ninety miles. The General Assembly of Pennsylvania on Monday, 12 Novem- ber, 1787, one month after the completion of the survey of the Parallel Boundary, “ Resolved, That the Supreme Executive Coun- cil be authorized and requested to obtain, and lay before the General Assembly a description of the lands lying between the northern bouudary of this State and Lake Erie, with an Estimate of the sum necessary to purchase such part thereof as may be thought necessary to accomodate this State.”f The Vice-President of the Executive Council transmitted a copy *Penn. Arch, x, 129. f Penn. Arch, x, 211. No. 71.] 430 of this resolution to the Delegates of Pennsylvania in Congress, with the following remarks : — u Council request you will be pleased to give them such informa- tion on the subject as may be in your power — especially on the part which relates to the Estimate of the sum necessary to purchase, and for what sum other lands belonging to The United States in these parts were sold. It may likewise be necessary to obtain information respecting the Western Boundary of the State of New York, to know how far the same extends along the Pennsylvania line in order to make an Estimate of the Quantity.”* The General Assembly, 5 February Resolved, “That Andrew Potter, Esquire, and Major William Armstrong, be requested to furnish Council with the best description they can of the lands lying between the northern boundary of this State and Lake Erie, west of the boundary of the State of New York.”f Upon 16 February these gentlemen both responded, and their letters are given below, “ Gentlemen, Agreably to your request I have herein drawn up a Description of the Country lying between the northern boundaries of this State and lake Erie, west of the State of New- York, viz. “ The soil will come under the description Tolarable good. The Countary is clear of Mountains and but very little broken with Hills. In many parts of it are very rich Tracts of land, and some parts are rather wet & swampy. — It abounds with a great variety of Timber, such as, Sugar Trees, Beech, Ash, Hickory, Black Peel and White Oak, Chesnut, Cherry, Hemlock, White Pine, Sycamore, Elm, Cow- cumber, Aspen, Birch, Poplar, Walnut, &c. “ From the north west Corner of this State the general direction of Lake Erie is North 65° East for upwards of sixty Miles, so that the angle made with the northern Boundary line is 25° “ The Bay of Presque Isle is a safe Harbour for shipping and the only one (on this side) from Gayahoga to the lower end of the Lake. The distance from Presque Isle to La Bauf, on the French creek is about 15 miles, and the ground sufficiently firm to admit of a good Road the whole way with little or no Bridging. “The western boundary of the state of N. York has not yet been ascertained, probably it may fall a few miles East of the Conawango River.;); — This River is beatable to the upper end of Chadaghque Lake, from thence there is a portage of about 9 miles to Lake Erie. “ The above described tract of Country may contain between 7 and 800,000 Acres.§ “ANDREW PORTER.” * Penn. Col. Records, xi, 237. f Idem, xv, 382. X About thirty-five miles east of its true location as ascertained by Andrew Elli- cott in 1790; yet the Revised Statutes of New York state that Andrew Porter and others erected a monument on this western line in 1787. (See page 98.) §Penn, Arch, xi, 241, 440 [Senate “ Gentlemen, Agreeable to the request of your Honorable Board 1 have looked over some of my notes Taken when out on the line last summer & find that after we Cross’d the Alligane River the last time, there was much of a sameness in the Country both as to Timber & Soile on and near the line and a greater Variety of Wood on the same space then I ever saw in any other part, a large Proportion of which was Beach, Sugar maple & ash, The soile in general appears rich tho’ I believe rather Cold for some kind of grane, But well adapted to grass. The Country in general is mid- ling Flat and level but more Particularly so on the heads or sorces of the small stremes, that Emty into the alligani river, all the waters running into the Lake having a better Current & shorter distence to run. The high dry grounds have moderate ascents and appear Pleasant & very few stone to be seen on the surface, the waters of French Creek and the Connowonge both afford a good Boat Navi- gation to within a small distance of the Lake. I could not see that at and near the Lake it was more subject to Early frosts than many parts much more to the southward. I am of opinion that it is Equal in value to anv Equal Quantity of land on the West side of the alli- gane river within the lines of the state, according to Information we Receiv’d from (Capt. Wm. Morris one of the Commissioners from the state of New York) that the line of session from New York to the United States would strike the line of our state at or near the 190 mile-stone. Tho’ that is but a matter of opinion founded on his Information at* any rate vre shall Include a large part of the Margen of the Lake with the only harber on it which Priquelle. I remain with much Esteem, your Honors most Obedient, & very humble Servt* “W M ARMSTRONG.” The Executive Council also reported to the General Assembly, — “ In compliance with your resolution of the thirteenth of November last, we have obtained and now lay before the General Assembly, discriptions of the lands lying between the Northern Boundary of this State and Lake Erie, with an estimate of the sums which will probably be necessary for the purchases of the same, as will appear by the papers marked No. 1 and 2, to which we beg leave to refer. We have likewise wrote to our Delegates in Congress, relative to the estimate. Their answer as soon as it comes to hand will be transmitted to your House. “ We have now the pleasure of laying before you a map of the Northern boundary of this State, as run by the Commissioners ap- pointed for that purpose, who have com pleated their useful work.”f The following is probably one of the marked papers submitted : — “ Estimate of Consideration to Indians for Triangle at Lake Erie, 1788 ” * Penn. Arcli. xi, 242-243. f Penn. Col. Rec. xv, 392-3. No. 71.] 441 [Various items amounting according to Estimate to £050] “ I beg leave to inform Council that it appears to me the above Estimate would not be more than a sufficient Consideration for the Claim which the 6 Nations have to the Triangular piece of land which this Commonwealth hath in contemplation to purchase of s d Indians.* “FRA. JOHNSTON” The message of the Council was- referred to a committee who re- ported as follows, 29 Feb., “ The Committee to whom was referred, the message of Council respecting the purchase of a tract of land on Lake Erie beg leave to report, “ That in their opinion the purchase of the said tract of land, is an object highly worthy the attention of this State, therefore offer the following resolution. “ Resolved, That the Supreme Executive Council be authorized to negociate with the United States for such tract of country as may appear to be their property on Lake Erie adjoining to the northern boundary of this State, and report to the General Assembly the terms required by Congress with an estimate of all other expences which in their opinion may be necessary for compleating the pur- chase.”! [This report was adopted.] The Delegates in Congress replied to Vice President Muhlenberg’s letter 28 Feb., “ Sir, We received your letter of the 5th Feb’ry & should not have so long delayed our answer could we have sooner given any satisfactory information to either the Council or the House. “ With respect to the quantity of the tract nothing can be conjec- tured with accuracy & as the estimate you require must be founded principally on this fact, we have as a first step, originated enquiry by motion in Congress which, should its progress be unobstructed, will at once decide the size & property of the Tract, should it fall within the United States, the price will not in all probability exceed one Dollar in certificates per acre, & if within the State of Massachusetts, much less as that State cannot well exceed the terms of the New York Land office. “ The moment Congress come to any act on this subject, we shall have the honor of communicating it.”! Congress, 6 June, adopted the following: — “Resolved, That the geographer of the United States be, and he is hereby directed to as- certain by bimself or by a deputy duly appointed for the purpose, the boundary line between the United States and the states of New York and Massachusetts, agreeably to the deeds of cession of the said states. * Penn. Arch, xi, 245. The items of the Estimate are given in the report on page 444. f Penn. Arch, xi, 252 [Sen. Doc. No. 71.] 5f> t Idem, xi, 251. 442 [Senate “ That the said geographer inform the executives of the states of New York and Massachusetts of the time of running the said line, in order that they or either of them may, if they think proper, have persons attending at the time. “ That the said geographer or his deputy, having run the meridian between Lake Erie and the state of Pennsylvania, and marked and noted down in his field-book, proper land marks for perpetuating the same, shall proceed to make a survey of the land lying west of the said line, between lake Erie and -the state of Pennsylvania, so as to ascertain the quantity thereof, and make return of such survey to the board of treasury* who are hereby authorized and empowered at any time before or after such survey, to sell the said tract in whole, at private sale, for a price not less than three-fourths of a dollar per acre in specie, or public securities drawing interest.” These Resolutions were transmitted to the Council of Pennsyl vania by the Delegates in Congress requesting instructions, and 14 June, the Council “ Resolved, Tlidt the President inform our Delegates in Congress, that they are authorized and empowered by this Board to negotiate and contract with Congress, in behalf of this State, for the purchase of the lands before described, at the rate of three-quarters of a dollar per acre in specie or public securitys bear- ing interest.”* Upon 7 July the Delegates addressed the United States Board of Treasury : — u We the delegates of the State of Pennsylvania, in compliance with instructions, and in virtue of powers, received from the said State, do hereby offer to contract (in behalf of the said State) with the Honble Board of Treasury, for a tract of land belonging to the United States, contained in the interval betwixt a Meridian Line, run between Lake Erie and the state of Pennsylvania, and the Boundaries of the States of New York and Massachusetts, at the rate of three-fourths of a dollar per acre ; payable in Gold or Silver, or in public securities of the United States, bearing interest ; when the quantity ascertained by actual survey, in the manner prescribed by a resolution of Congress, of the 7 th of June, 1788.f “ WM. BINGHAM. JAMES R. REID.” Samuel Osgood and Arthur Lee of the Board of Treasury re- sponded : — “ Gentlemen, The United States in Congress having by their act of the 20th instant;}; determined that no reservations are in their judgment, necessary to be made on account of the United States, in a certain Tract of Land, contained in the interval betwixt a meridian Line, run between Lake Erie and the State of Pennsylvania; and the Boundaries of the State of New York and Massachusetts. We * Penn. Col. Rec. xv, 471-3. f Penn. Arch, xi, 383. X This Act does not appear in the printed Journals of Congress. Wo. 71.] 443 beg leave to acquaint jour that we accept jour Proposal for the pur- chase of the said tract, on behalf of the state of Pennsil vania, as expressed in jour letter of the 7tli July, 1788.”* This proposition was at once reported to the Executive Council bj the Delegates. f Congress on 4 September, 1788, adopted the following Preamble and Resolution, a copy of which was transmitted the same daj to the Executive Council of Pennsylvania. “ Whereas it appears that the board of treasury, in conformity to the act of Congress of the 6th of June last, have entered into a con- tract with the delegates of the state of Pennsylvania, in behalf of the said state, for the tract of land bounded east, agreeably to the cession of western territory, by the states of Massachusetts and We w- York, south by Pennsylvania, north and west, by Lake Erie; and whereas the said tract is entirely separated from the other lands of the western territory, over which the jurisdiction of the United States extends ; And whereas under these circumstances it will be expedient for the state of Pennsylvania to hold and exercise juris- diction over the tract aforesaid ; therefore, “ Resolved , That the United States do hereby relinquish and trans- fer all their right, title and claim to the government and jurisdiction of the said tract of land, to the State of Pennsylvania, forever. And it is hereby declared and made known, that the laws and pub- lic acts of the said state shall extend over every part of the same tract, to all intents and purposes, as if the same had been originally within the charter bounds of the said state ; provided that the in- habitants of the said tract shall be maintained in all the rights and privileges which other citizens of the said state of Pennsylvania are now or may hereafter be constitutionally entitled to enjoy.” President Muhlenberg, 8 September, transmitted the Resolution of Congress to the Speaker of the General Assembly with the fol- lowing remarks : — “ By accounts received from Pittsburgh, a pacific disposition is manifested on the part of the Indians, and there is now reason to expect a large meeting of the Wortliern and Western Tribes at Mus- kingum, to hold a treaty with the Continental Commissioners. This favorable opportunity ought not, in the opinion of Council, to be missed — for altho’ the quantity of Land in the Triangle purchased from the Board of Treasury cannot be ascertained with precision before the necessary lines are run agreeable to the Act of Congress of the sixth day of June last, yet, as a great part of the Expence attending Treaties with Indians is incurred by collecting and fur- nishing them with provisions; charges which, in this Instance, may be avoided. “ Council, therefore, earnestly recommend the appointing Com- missioners on the part of this State to attend the ensuing Treaty for purchasing from the Indians who may appear to have just Claims to the same, the whole of the Triangle aforesaid, as nearly as the * Penn. Arcli. xi, 382. fPenn. Col. Rec. xv, 523-4, 444 [Senate bounds of the same may be ascertained bv the best information which can be now obtained.”* And the Supreme Executive Council submitted the following re- port to the Assembly, — “ That they have negotiated with Congress for purchasing the land contained in the interval betwixt a meridian line run between Lake Erie and the State of Pennsylvania, and the boundaries of the States of New York and Massachusetts,” “ An Estimate of other probable expenditures that may be in- curred by the purchase is herewith presented, amounting to the sum of Nine hundred and fifty pounds. . “ To conclude the business with the United States, it now remains for the General Assembly to make the requisite appropriation of public securities, and to assign funds whence the other expences may be drawn. “1788, Septr. “An Estimate of the expence that may probably attend the business of the Lake Erie Lands, if it should be directed to purchase the claim of the Six Nations of Indians. Supposed price in various suitable articles amounting 1000 dollars £375 Provisions of different kinds 100 Charges of Waggonage, Boat hire, &c 150 Pay of Commissioners, hire of Interpreters, Runners, &c., 250 Presents to the Great Men 75 f£950 These Communications were referred to a committee which re- ported 13 September as follows : “ That your Committee are of opinion that the purchase made by Council is advantageous to this Commonwealth, and should be con- firmed by this House. “ That it will therefore be necessary to provide adequate Funds for complying with the Contract and making the purchase of the Country from the Indians, agreeably to the Policy and Justice which have ever marked the Conduct of Pennsylvania in such Cases. “ That as a Treaty is now about to be held with the Indians at Muskingum, it will be proper and (economical to take advantage oi this Circumstance to make overtures at least to, and if practicable to compleat the purchase of the said Country from, the Savages, The Expence and delay of a particular Treaty for so small an object will hereby be avoided. “ That in order to ascertain as nearly as might be the quantity ol Land which was the subject of the Contract, your Committee re quested the attendance of Mr. Ellicot, an intelligent person and * Penn. Col. Rec. xv, 530-1. f Penn. Arcli. xi, 389, 390. No. 71.] 445 well acquainted with that Country. But as the meridian Line form- ing the Western Boundary of New York is not actually run, the Quantity cannot, with any degree of accuracy, be ascertained. On an estimate, calculated on the supposed place of the said meridian in a point of the Northern Line of Pennsylvania the most favorable to the pretension of New York, there appear about one Million of Acres contained within the Boundaries of this Purchase. Wherefore your Committee are of opinion that the following Resolution be recommended to the Consideration of the House. “ Resolved, That this House accept, on the part of this Common- wealth, the Contract made with the Board of Treasury of the United States by the Supreme Executive Council of this State, thro’ the Agency of the Delegates of this State in Congress, as mentioned in the proposals of the said Delegates, dated the 7th day of July, in the present year, “ That the Supreme Executive Council be, and they are hereby authorized and fully empowered to take the Necessary Steps for pur- chasing of the Indians — who have just Claims thereto the said Tract of Country, and for this purpose to appoint, when they may think necessary, two persons as Commissioners to negotiate and coinpleat the said purchase.* * * § “ Resolved, That the Supreme Executive Council be, and they are hereby authorized and empowered to draw on the Treasury of this State for a Sum not exceeding Nine hundred and fifty pounds for the purpose of making the purchase of the Indians of. the said Tract and bearing all Expences of the same, agreeably to an Es- timate by the said Council, communicated to this House.”f The report was adopted and Gen. Richard Butler and Gen. John Gibson were u appointed Commissioners to carry into effect the said resolutions so far as circumstances will admit.”]; On the third of October following an Act was passed by the Penn- sylvania Legislature authorizing the Supreme Executive Council “ to draw on the State Treasurer for a sum of money for defraying the expence of purchasing of the Indians lands on Lake Erie.” (Chap- ter 1355). By this Act a sum of £1200 was granted for this pur- pose. And a further grant of £865, 15s. 4d. was added 28 Sept., 1789. (Chapter 1439.)§ Messrs Butler and Gibson were immediately notified of their ap- pointment by Vice President Muhlenberg in the following letter of instruction : — “Gentlemen; — You will herewith receive a resolution of the Honorable the General Assembly of the thirteenth ultimo, together with the several resolutions of Congress, respecting the triangular piece of Country which lies adjoining Lake Erie and the northern *Tlie “ Erie Triangle ” was a part of the territory ceded to the Proprietaries by the Six Nations at the Treaty of Albany in 1754, and relinquished by them at the Treaty of Easton in 1758. fPenn. Arch, xi, 395-6 JPenn. Col. Rec. xv, 533 § Smith’s Laws, ii, 123-4 446 [Senate line of Pennsylvania, by which you will find that this State is now vested with both right of jurisdiction and soil. You will likewise receive a commission for the purpose of purchasing from the Natives their claim to the soil, agreeably to the constant usage of Pennsyl- vania, as also a rough draft* of the country in question, laid down by Mr. Ellicot, in the best manner he has been able from his present knowledge of it “ The Board have great reliance on your prudence, sagacity and particular knowledge of these people, as well as a proper knowledge of their present disposition from the Continental transactions, which one of you have or are now especially conversant with. If there- fore, you shall find the Indians who have just claims in a proper temper or otherwise, you will be governed accordingly, it is, however, hoped that you may be able to dispose the minds of these people, at least to appoint delegates to meet at a certain future day and place, to finish what you have happily now begin.”f For making the map the Records of the Council show that Ben- jamin Ellicott received the sum of one pound five shillings. The Commissioners met the representatives of the Six Nations at Fort Harmar, on the Ohio River, in November and December. Cornplanter took a leading part in the negotiation and exerted his influence in favor of the State, incurring thereby the resentment of many of his people who were opposed to allowing the whites any further concessions. The treat}^ was concluded and the follow- ing agreement was signed : “ Be it remembered by all whom it may concern : “ That on the ninth day of January, in the year of our Lord, one thousand seven hundred and eighty nine, in open and public Coun- cil, we the undersigned Chief, Warriors, and others, Representing the following named Tribes of the Six Nations, to wit — The Ondwagas, or Senecas, Cayugas, Tuscaroras, Onandagas, and Oneidas ; for and in behalf of ourselves, our tribes, our and their Heirs and Successors, on the one part — and Richard Butler and John Gibson, Esquires, Commissioners for and in behalf of the State of Pennsylvania (Onas) on the other part, did make and con- clude upon the following articles, viz. : Article 1st. “ That as soon as these articles are signed, interchangably by the aforesaid Chiefs and Commissioners, the said Chiefs will execute a Deed of Conveyance to the State of Pennsylvania for a tract of Country as hereafter shall be described. Article 2nd. “ The signing Chiefs do acknowledge the right of the soil and jurisdiction to, in, and over that tract of Country bounded on the * This Map is published in Penn. Arch. xi. t Penn. Col. Records, xv, 554-5. No. 71.] 447 South by the North line of the State of Pennsylvania, on the East by the West boundary of the State of New York, agreeable to the cession of that State and the State of Massachusetts to the United States, and on the North by the Margin of Lake Erie, including Presque Isle and all the Bays and harbors along the margin of said Lake Erie, from the West boundary of Pennsylvania to where the West boundary of the State of New York may cross or intersect the South margin of the said Lake Erie Article 3rd. “ The said Chiefs do agree that the said State of Pennsylvania shall and may at any time they may think proper, survey, dis- pose of and settle, all that part of the aforesaid Country lying and being West of a line running along the middle of Conawago river from its confluence with the Allegany River into the Chadochque Lake, thence along the middle of the said lake to the North end of the same, thence a meridian line from the North end of the said lake to the margin or shore of Lake Erie Article 5th. “ That as several villages belonging to the signing Chiefs and their people are now living on the said Conowaga creek and in other parts of the country supposed to be within the tract of country West of the West line of the State of New York and East of the line through the waters as described in the third Article — And as they have no country to remove to from where they now live, the said chiefs do reserve for their own and their people’s resi- dence, hunting and fishing, all that part of the tract of Country described in the second Article, passing from the Allegany river along the middle of the Conowago creek, the Chedochque Lake and a meridian line from the North end of said lake to Lake Erie. Article 7th. “The said Richard Butler and John Gibson, Esquires do agree to the aforesaid articles . . . . and that the aforesaid Chiefs and the people of their tribes, shall have full and peaceable liberty to hunt and fish within any part of the Country first above described, they demeaning themselves peace- ably towards the inhabitants. But the said Chiefs or their success- ors, shall not at any time hereafter, directly or indirectly, lease, rent, or make sale of any part or parcel of the tract here Reserved for their Use and Residence, to any other State, person or persons. “ In testimony of the above Articles “ In presence of “Richard Butler (L. S.) A r St. Clair, Jno. Gibson (L. S.) [and seven others],” Cachunwasse, (L. S.) [Seneca] Or Twenty Canoes.” [and twenty-two other Indians.]* * Penn. Arch, xi, 530-533. 448 [Senate After which Cornplanter and twenty three other Chiefs executed the Deed, which is as follows : “ Know all men by these presents that we the undersigned Chiefs, Wariors & others representing the following named tribes of the Six Nations, to wit : The Ondawagas or Senecas Cayugas, Susque- hannas, Onandagas & Oneidas, for, and in consideration of the sum of Four” ■[? two] “ thousand Dollars to us in hand paid by Richard Butler and John Gibson, Esqs, Commissioners for and in behalf of the State of Pennsa., the receipt whereof is hereby acknowledged, and we, for ourselves, our tribes, our & their heirs & successors, [are] there- with fully paid & satisfied, have granted, bargained, sold and assigned over, and by these presents do grant, bargain, sell, remise, release [and forever] quit claim & assign over unto the sd. State of Pennsa., all our and their [right,] title, claim, and interest of, in and to all that tract of Country, situate, lying & being wdthin the territory of the United States, bounded on the South by the North’n [line or] boundary [of the State] of Pennsa., on the East by the Western line or boundary of the State of New York, agreeable to an act of Cession of the said State of New York, and the State of Massa- chusetts to the United States, and [on] the North by the Southern shore or Margin of Lake Erie, including Presq’ isle and all the Bays [and] Harbors along the shore or Margin of the said Lake Erie from the West Boundary of the Said State of Pennsa., to where the w r est line or boundary of the State of New York may cross or intersect the southern shore or margin of the sd. Lake Erie.”* By the second treaty of Fort Stanwix, in October, 1784, at the same time that Pennsylvania purchased the Indian title to the lands within her boundaries northwest of the Fort Stanwix line of 1768, the United States had concluded a treaty of peace with the Six Nations and the latter agreed to relinquish all claims to the Country lying west of a line “ beginning at the mouth of a creek about four miles east of Niagara, called Oyonwagea, or Johnston’s landing place, on the Lake named by the Indians Oswego, and by us Ontario, from thence Southerly in a direction always four miles East of the Carry- ing place between Lakes Erie, and Ontario, to the mouth of the Tehoseron, or Buffalo Creek, on Lake Erie, thence South to the North Boundary of the State of Pennsylvania, thence West to the end of the said'Nortli Boundary, thence South along the West Boundary of the said State to the river Ohio. “ The said line from the mouth of the Oyonwagea to the Ohio, shall be the Western Boundary of the lands of the Six Nations, so that the Six Nations shall, and do yield to the United States all claim to the country West of said Boundary, and then they shall be secured in the peaceful possession of the lands East and North of the same, reserving only six miles square round the Fort of Oswego to the United States for the support of the same.” This however was considered simply as a definition of boundaries * Penn. Arch, xii, 100-101. No. 71.] 449 and not a cession of territory, and therefore Pennsylvania found it necessary to treat anew with the Indians in order to quiet them. The Commissioners when they reached Fort Harmai found that their stock of money and presents was not sufficient for the purpose and made a requisition for an additional stock of goods for presents. Generals Butler and Gibson reported to the Executive Council 24 March, 1789, presenting the agreement and Deed which they had obtained. General Butler also sent a letter recommending a grant of land of 1000 or 1500 acres to Cornplanter in consideration of his services to the State in the various Treaties. The east line of the land ceded by New York, for the purchase of which Pennsylvania was negotiating, had not been run, and a good deal of uncertainty existed, as we liave seen, in the minds of the State officers, as to where it would strike the north line of Pennsyl- vania, and as to the amount of land she would gain by it. The following letter from Tench Coxe, 26 January, 1789, to President Miffiin of the Council, bears upon this point : — u Sir, I had the honor of writing you a very few lines shortly after my arrival [at New York]. Mr. Gorham having arr’d since, we have five states, and every reason to expect there will be seven in a week or ten days “ In conversation last Night with Mr. Gorham, I find he and Mr. Philips,” [Phelps], “ who purchased of Massachusetts, all the lands between the line of pre emption and the western bounds of New York are of opinion that the words of the New York cession to Congress do not operate a transfer of the lands east of Erie to Congress, and of course that the jurisdiction remains in New York and that the property is vested in them under the grant of New York to Massachusetts — ’Tis certain that the grant or cession of New York discovers a considerable deficiency of Geographical in- formation, which you will easily see, Sir, by recurring to it. The substance is that New York is to continue her South line along our North line to the end of the latter and so far leyond it as to throw a particular part of the Western waters (the western Bend of Lake Ontario) 20 miles east of a line to be run from the extremity of the South line aforesaid to the 45th degree of N. Latitude. It is now ascertained, that the 20 miles east of the place in contemplation will be contained within a line that will fall far on this side Erie — The question will be, what will be the Consequence of this geographical Error? My opinion on a slight examination is, that it will leave our purchase good. Mr. Gorham seems desirous if the law proves theirs to sell to Pennsylvania, but it is necessary that we remember their doctrine deprives us of the Jurisdiction, for New York most probably will not part with it. I think it proper to add further that Mr. Gorham raised a question, whether the grant of the Juris- diction to Penns’a by Congress was valid. These loose hints, Sir, upon so important a point are not fit in form, at least, for the pub- lic Eye, but it is necessary, that you, and the other superior characters [Sen. Doc. No. 71.] 57 450 [Senate in our government should be apprized of the difficulty which is at- tempted to be raised. “ The purchase made of Indians by Mr. Gorham & Co., (part of their whole purchase from the state) begins at our 82d mile stone, and runs along our N. line to the 124th,' x * * * § and then runs due N to the great Fork of the Genesee river.” . . . f Andrew Ellicott, who had been one of the Commissioners upon the Western Boundary of Pennsylvania in 1785, and upon the Northern Boundary in 1786-7, was appointed by President Wash- ington to make the survey of the Cession line, and of the tract which Pennsylvania proposed to purchase. He had first been designated by the Geographer General, Capt. Thomas Hutchins, to undertake the work under resolution of Congress of 6 June, 1788, but no provision seems to have been made fpr payment for his services. He therefore applied to Congress for an advance of money to defray his expenses, and Congress, 19 Aug., 1789, amended the resolution authorizing the survey to read as follows : — “ That the survey di- rected by Congress in their act of June 6th, 1788, be made and re- turned to the Secretary of the Treasury, without delay ; and that the President of the United States be requested to appoint a fit person to complete the same, who shall be allowed five dollars per day, whilst actually employed in the said service, with the expenses necessarily attending the execution thereof.” The re-appointment was made 4 Sept., 1789, under this Resolution. Before proceeding to the frontier, Mr. Ellicott made the following suggestion to the President of the Council of Pennsylvania : — u As the State of Pennsylvania by its purchase of the United States, of a Tract of Country lying on the South Side of Lake Erie, has become inter- ested in the Execution of the survey, so far as it relates to the Quan- tity of Land, I would therefore just suggest the Idea of some person being authorized to attend on behalf of the State.”:); And in June, 1790, while engaged on the survey he addressed the following note to the Council : — “ Gentlemen, In order to satisfy the Indians, and insure safety to myself, and party, in the execution of the resolve of Congress of June 6th, 1788, I think it will be necessary to have a copy of the Deed given by the Senecas, to Messrs. Butler, and Gibson, Commis- sioners on behalf of the State of Pennsylvania, for certain land ly- ing on the South side of Lake Erie, and west of the Conawango River, and the Carrying place between Lake Chaughtaughque, and Lake Erie.”§ His request was granted. The Deed to which he referred is that signed by Cornplanter and other Indian Sachems, given supra. The following extract from a letter written by Mr. Ellicott to a friend in Albany, N Y., 11 October, 1790, details some of the dif- ficulties he labored under. || * About one-fourtli mile East of 127. f Penn. Arcli., 539-540. t Penn. Arch, xi, 615. No one appears to have represented Pennsylvania how- ever. § Penn. Arch, xi, 704. | See, also, Ellicott’s letter to President Washington, page 198. No. 71.] 451 “ I yesterday completed the survey of the territory annexed to the State of Pennsylvania, after much difficulty and hardship. The land contained in this survey is generally good, and from its pecu- liar situation an important object to the State The Indians did not appear to be well disposed toward the execution of our business, but after a treaty, and receiving some small presents, accompanied with rum and tobacco, permitted us to go on.” The few details which are known relating to the survey of this tract will be found in the history of the Meridian Boundary.* No report or Diary referring to the work has ever been found, and the information accessible is very meager and unsatisfactory. A refer- ence to Vol. I of Regents Report on Boundaries ( Senate Doc., 1873, N°. 108) pages 316-329, will explain the deficiency. After the survey was finished and the boundaries and area of the tract were known, the negotiations for the purchase by Pennsylvania were completed. f In 1791 the Legislature of Pennsylvania passed the following 66 Act to authorize the Governor to compleat the purchase of a cer- tain tract of land, lying between Lake Erie and the northern bound- ary. of this Commonwealth. “ Whereas, An agreement lias heretofore been entered into be- tween the United States and this State, respecting the purchase of a certain tract of land, the property of the said United States lying between Lake Erie and the northern boundary of Pennsylvania, and the extent and value of the said tract of land being now ascer- tained, it is proper to make provision for carrying the said agree- ment into effect : Sect. 1 . Be it enacted by the Senate & Hotjse of Representa- tives of the Commonwealth of Pennsylvania in General Assem- bly met , and it is hereby enacted by the authority of the same , That the Governor shall be and he hereby is authorized and empow- ered, upon the part of this commonwealth, to do, execute and per- form, all matters and things whatsoever, which shall be necessary for compleating the purchase of the said tract of land, according to the terms, stipulations and conditions of the agreement heretofore made and entered into, as aforesaid, between the United States and this State, and thereupon to take and receive from the said United States, or any person or persons by them in that behalf duly authorised, a good and sufficient conveyance and assurance, in fee simple, of the said tract of land, in the name and for the use of this Commonwealth. “Approved April the thirteenth, 1791. Upon the 5th of May Governor Mifflin wrote Alex’r Hamilton, Secretary of the Treasury, “As I understand that the Quantity of * See page 198. f The expenditure of the United States for the Surveys of the Boundary Line, and of the tract conveyed to Pennsylvania paid, in 1790 and 1791, aggregated $4049.85, of which $2815.53 were paid to Andrew Ellicott. \ Dallas’ Laws, iii, 75-70. 452 [Senate Land contained in the above mentioned tract, lias been ascertained, by actual survey, it is proper to inform you, that I am ready on the part of Pennsylvania to comply with the terms of the Contract.”* The Governor, 11 June wrote Comptroller Nicholson of Pennsyl- vania, — “Sir, I have directed the Secretary to deliver to you, the various documents, respecting the contract between the United States and Pennsylvania for the purchase of a Tract of Land on Lake Erie; from which, and from the Survey of the Tract, deposited in the of- fice of the Secretary of the Treasury ; you will be pleased to state and adjust, with the Auditor and Comptroller General of the United States, an account of the sum, either in Public securities or in spe- cie, which will be necessary to discharge the consideration money, according to the terms, stipulations, and conditions of the agreement ; and report the same to me with all convenient dispateh.”f The following is the statement of Account which was made out by the Comptroller : — “ In pursuance of an agreement between the United States & the State of Pennsylvania .... now that the Survey hath been so made and returned, and in virtue of authority from his Excellency Tbe Governor of Pennsy’a to me to state and adjust the account of the Sum to be paid by the State as aforesaid “ I state the Account Following, viz., “ The Commomoealth of Penn? a “ To the United States , Dr “For the purchase money of the Territory & Tract of Land bounded as follows, .... of which Tract a survey and Return hath been made and returned into the office of the Secretary of the Treasnrv according to Resolution of Congress, whereby the same is found to contain 202,187 acres, which at f of a Doll’r per Acre payable according to the terms of the Contract in Certificates of the Debt of the United States bearing an Annual Interest of 3 per Centum is, 151,6404 Doll’rs. “Signed, JOHN NICHOLSON. “ in behalf of Penn’a”. $ Comptroller Nicholson made the following Report to Governor Miffln, 16 Aug. — *[Penn. Arch, xii, 90. f Penn. Arch, xii, 90, 91. t Penn Arch., xi, 055. According to the accounts of the Register of the Treasury, this amount was paid in *lie following manner 1 Certificate of Registered Debt (Interest from 16 Aug. 1779) $85032.08 1 Certificate (Int. from 21 Aug. 1783) ... 4285.20 Accrued Interest thereon to 10 June, 1791 62322.97 [Penn. Arch., 2° Series, vi, 630. $151640.25 No. 71.] 453 “Sir, Shortly after 1 was honored with your directions respecting the Account of Lake Erie purchase; I obtained the quantity from the Return in the Office of the Secretary of the Treasury, and made out and exhibited an Acct. thereof to the Auditor’s Office. The vacancy therein, prevented any thing being done therewith — Until a few days past, when upon the Secretary’s suggestion from you, that they were ready at the Treasury of the United States to proceed thereon, I called there, and it was determined that the papers should be sent to the Comptr’s. Office that the matter might be settled with- out the help of an Auditor.” And on 22 August Secretary Hamilton addressed the Governor thus : — “ The Secretary of the Treasury presents his respects to the Governor of Pennsylvania, and has the honor to inform him that the vacancy in the office of Auditor, is no impediment to the adjustment of the affair of the lands with the Commonwealth of Pennsylvania. The only source of delay is a difference of opinion, concerning the Certificates, in which payment is to be made ; the Comptroller of the Treasury insisting that it ought to be in such certificates as bore in- terest at the time of the contract, and the Comptroller General of Pennsylvania offering the funded three per Cents in payment.”* The transaction was finally completed by the issue of the following Letters Patent from the United States : — “ In the N a.me of the United States, to all to whom these presents shall come. “ WHEREAS, by an act of Congress, intituled 4 An act for carry- ing into effect a contract between the United States and the State of Pennsylvania,’ it was provided, that for duly conveying to the said State a certain tract of land, the right to the government and juris- diction whereof was relinquished to the said State, by a resolution of Congress, of the fourth day of September, in the year one thousand seven hundred and eighty-eight, and whereof the right of soil has been sold, by virtue of a previous resolution of Congress, of the sixth day of June, in the said year, the President of the United States be authorized, on fulfilment of the terms stipulated on the part of the said State, to issue letters patent, in the name, and under the seal of the United States, granting and conveying to the said State forever, the said tract of land, as the same was ascertained by a survey made in pursuance of the resolution of Congress, of the sixth of June, one thousand seven hundred and eighty-eight. “ NOW KNOW YE, that inasmuch as it appears by a certificate from the Comptroller of the Treasury, that the terms stipulated on the part of the said State concerning the tract of land aforesaid, have been fulfilled, according to the true intent and meaning of the said contract. I do by these presents, in pursuance of the above recited act of Congress, grant and convey to the said State of Pennsylvania, *Penn. Arch. xii. 94. 454 [Senate forever, the said tract of land, as the same was ascertained by the survey aforesaid, a copy whereof is hereunto annexed. “ In Testimony whereof, I have caused these letters to be made patent, and have hereunto subscribed my name and caused the seal of the United States to be affixed, at [l. s.] Philadelphia, this third day of March, in the Year of our Lord, one thousand seven hundred and ninety-two, and of the Independence of the United States of America the sixteenth. “G° WASHINGTON. “ By the President, Th. Jefferson.”* * * § In order to quiet the Seneca Indians and to remove every shadow of Complaint on their part, the Pennsylvania Legislature appropri- ated Eight hundred dollars as a consideration, for which Cornplanter, Half-Town and Big Tree, “ in behalf of themselves and the whole Seneca Nation” executed a release to Governor Mifflin, 3 Feb., 1791, and for the use of the Commonwealth “ quit-claimed all claims and demands whatsoever which on account of any cause, matter or thing whatsoever they the said Cornplanter, Half -Town, and Big- Tree, and the said Seneca Nation have or could or might have had against the said Commonwealth of Pennsylvania from the beginning of the world unto the day of the date of these presents ; ” and pro- vided that it should not be construed to make void the privilege of hunting reserved in the Cession of 1784.-f- The State of Pennsylvania owed the favorable consideration of their proposition to purchase this tract from the Indians, in a great measure, to the efforts of Cornplanter. The Six Nations, who had been hostile to the Americans during the Revolution, did not take kindly to the occupation of their territory by their former enemies, and threw obstacles in the way at every turn in the negotiation. “ After the conclusion of the treaty [of 1784] the commissioners engaged Cornplanter to make special endeavors to pacify his people, the Senecas and others; as a compensation for which exertions a special grant of land was made to him on the Alleghany river, within the State of Pennsylvania, on which lie resided until his death. But his people were not easily reconciled ; and they were yet more ex- asperated at the conduct of Cornplanter, when, live years afterward, at the treaty of Fort Harmar,]; he gave up a still larger portion of their territory. He was bitterly reproached for this transaction ; his life was even threatened — a circum- stance to which he referred in the pathetic speech to ‘ The Great Counsellor of the Thirteen Fires’ at Philadelphia inT790.”§ Gyantwahia, or Cornplanter, was a Chief of the Senecas, the most * Penn. Arch. xii. 103, 104. f Penn. Arch., 2° Series, vi, 627. tThis was the Treaty by which the Indian title to the “Erie Triangle” was extinguished. § Stone's Life of Red Jacket, p. 132. No. 71.] 455 important tribe of the Six Nations. He was a half-breed, the son of an Irish tiader by the name of O’Bail, by which name he was fre- quently called. He was born on the Genesee River, and before the Revolution had become a chief. After peace was declared he exer- ted his influence constantly in favor of the United States. He died in 1836. His Reservation, now the only remaining piece of land held by the aboriginal occupants of the soil in Pennsylvania, is situated upon the west side of the Allegany River, about 3 miles south of the State Line, below the Allegany Indian Reservation in New York. It con- tains about one thousand acres, a large proportion of which is river bottom land. In the southern portion, near the rude school house, is the burial ground, in the center of which is the grave of Cornplanter, where the State of Pennsylvania has erected a marble monument upon which are the following inscriptions : — [West Side on Shaft.] 0 4 ☆ the CORNPLA N TP It [West Side Pedestal,.] A DIED At Cornplanter Town Feb. 18 A. D. 1836. about WO Years. [South Side Pedestal.] Chief of the Seneca tribe and a principal Chief of the Six Nations from the period of the Revo- lutionary War to the time of his death. Distinguished for talents , courage , eloquence , sobriety and love for his tribe and race , to whose welfare he devoted his time , his energies and his means during a long and eventful life. 456 [Senate, No. 71.] [East Side Pedestal.] Erected By authority of the Legislature of Pennsylvania By act passed Mar. A.D. 1866. [No inscription on North side.] / APPENDIX N MAPS OF THE BOUNDARY LINE BETWEEN NEW YORK AND PENNSYLVANIA, Showing the Positions of the Monuments set under the Direction of the Joint Boundary Commission, 1881—1885. Surveyor on lie part of New Yorl. Snryeyor on lie part ol Pennsylvania. COMmS SIO^EMS TOfR PE KX^SYLVAN I A . Chairman, HARRISBURG-. hontrose. HONE SB ALE. COM MISSIOXEK^ I'OB ^ETfYORK. ALBANT. CONTENTS PARALLEL BOUNDARY: COUNTIES IN NEW YORK. Pages. Delaware, .... 1 Broome, ..... 1-7 Tioga, 8-11 Chemung, ..... 12-15 Steuben, .... 16-22 Allegany, .... 23-27 Cattaraugus, .... 28-34 Chautauqua, .... 35-41 COUNTIES IN PENNSYLVANIA. Wayne, . . . . . 1-2 Susquehanna, .... 2-8 Bradford, ..... 8-15 Tioga, ..... 15-21 Potter, ..... 21-27 McKean, .... 27-33 Warren, ..... 33-40 Erie, . . . . . 40-4 1 MERIDIAN BOUNDARY, . . . . 42-45 ' ■ '' •; /> tfOrf J>UD X $ $ V 5 $ < * -£b u CD M A- r ' y/m- * i h 'Mi i l i i c $ MT $ i < i 0 ^ j. w N Hr ii % Ofei: 0 i 1- 186- Pennsylvania represented at Joint Meeting 6, 39 C. M. Gere appointed Surveyor for 7 Commissioners favor a rectification of Boundary 8, 9, 140 Boundary of, fixed in Final Agreement 25 Governor of, appoints Boundary Commissioners 25 Charter of 40 Jealousy of New Yorkers toward 41 Ambiguity in Charter description of Boundary of 49 Boundaries of, described by Lords of Trade 49 described by Governor Hamilton 50, 52 claims a Boundary North of 42° 50 proposes to purchase lands from Indians 54 Proprietaries of, petition to have Boundaries fixed 60 Boundaries of, described 61 Resolutions of General Assembly, 1783 ; 67 Commission of, appointed to examine the subject of inland Navigation, etc 67, 438 Commission to run a temporary line 68 General Assembly rescinds resolutions 70 expenses of Temporary Commission provided for 70 General Assembly provides for a new Commission 70 Commissioners directed to continue survey without co-opera- tion of New York 77 Commissioners ready for operations, 1787 78 has a Purveyor appointed 79- Line in Delaware River between New Jersey and 101 Early land surveys in 101 et seq. Crude system of land surveys in 106 Commissioners informed of action of Board of Regents 139 Message to Legislature of 158 Legislature of, fails to appropriate funds 158 County and Town Corners in 281-5* Representation of, upon early Maps 390 et seq . Contest with Connecticut .417-428 Proprietaries of, stipulate with Indian Chiefs 421 Council of Censors denounce persecution of Connecticut settlers 425 Confirming act passed 426 General Assembly proposes to purchase Lake Erie Lands 438, 441 Proposition of Delegates of 442 final purchase of Indians 448 ready to close contract for Erie Lands 452 Patent to, of Erie Lands 452 appropriates money for Indians . , 454 No. 71.] 4Si Pennsylvania — ( Continued) : page. grants lands to Cornplanter 455 (See Boundary, Northern, of Pennsylvania ; also, Meridian and Parallel Boundary; also, the several Counties along the Boundary.) Perkins, George R., Commissioner 5, 28, 39, 207 Peters, Dr. C. H. F., refers to condition of Monument at Lake Erie 37 observes for Latitude and Longitude 175 Astronomical Station of, located . . . . 208 Detailed record of 2^7 error in distance by, to Lake 278 Peters, Richard, reports to Gov. Penn upon the Crown’s con- struction of the Bounds of New York.. 53 present at Fort Stanwix * 57 Phelps and Gorham Purchase, Surveys in 89, 112 West line run by John Adlum 108, 113 Maior Adam Hoops superintends surveys of 113 Area of 113 South West Corner of. 115, 316 Notes of surveys in 134 Town Corners in 165 proprietors represented on survey of Meridian Boundary 198 purchase of, from Massachusetts 415 Eastern line run 416 purchase of, from the Indians 450 Philadelphia. ..32, 56, 65, 66, 78, 80, 81, 82, 84, 88, 113, 198, 288 317, 454 Merchants of, agitate the question of inland navigation .67, 438 Pierson, Henry R., appointed Commissioner from New York. .5, 23 25, 39, 286 Letter of, transmitting Report 3 Letter of, replying to Colonel Worrall’s proposition to rectify the Boundary 14 signs Final Agreement 29 letter to Director Gardiner 140 Pig-Pen Run .... 225 Platt, George, courtesy acknowledged 32 re-surveys town lines in Erie County 123 Plumb-line, deflection of 142 Polaris, observations of 113, 208, 318 Porter, Andrew 12, 19,26, 72, 77,94, 98, 99, 100, 195 Biographical foot-note 82 appointed Boundary Commissioner. 18, 73 Commissioner on Virginia Boundary 72 signs report of Survey of 1787 .... 81 announces completion of Survey 82 Reports progress from the Conewango valley 91 reports arrival at Lake Erie 93 sued for value of a horse 96 erroneous idea of, of location of Line of Cession 194, 439 Letter of 439 Sen. Doc. No. 71.1 61 482 [Senate PAGE. Porter, Augustus, surveyor upon Phelps and Gorham’s Purchase. 112 makes initial survey for Holland Land Company 115 surveys Willink Lands 117 assists in survey of New Pre-emption Line .195, 416 extract from field-notes of 316, 322 Potter County, Pennsylvania 280 Early Land Surveys in 109 Bingham Estate in 110 Ross Estate in Ill recent surveys of Town lines in 123 New Monuments along 164-166, 173 Description of locations of 238-242 Angles and distances along 266-267 County and Town Corners in 283-284 Keating Estate Surveys 386 Pratt, Daniel J., Assistant Secretary 9, 286 Correspondence to ascertain condition of Boundary 38 endeavors to find Ellicott’s Report 83, 198 attends meeting at Initial Point 124 death referred to 179 Biographical Sketch 289 Pre-Emption Line 163 New, run by Ellicott 195, 416 Prendergast, A. T., sets a new Monument 136, 170 Milestone 194 set beside it 170, 252 Presque Isle 93, 95, 382, 438, 439, 440, 447, 448 Pruyn, John V.L., Commissioner from New York. 5, 6, 28, 39, 207, 286 Biographical Sketch 289 Pulteney, Sir William, extensive purchaser of land in Steuben county 114 Pumpelly, James 105 Pumpelly, Herman 112 Purchase. {See Phelps and Gorham; also , Holland Land Com- pany, etc.) Quadrant, Hadley’s, used at Initial Point, 1774. ... 64 Small Astronomical, purchased by Commissioners. 1784. .71, 73 Quaker Run. 248, 249, 341, 342, 347 Quebec, Boundaries of, extended 177 Lands West of Niagara and Pennsylvania annexed to. .... . 185 South Boundary of 406 Rail-road Monuments described 220, 223 Extracts from, recommended to be filed in County Clerk’s offices 32 Red House Creek 248 Red- Water Creek 241 Regents of the University . 14, 15, 71, 80, 121, 139, 152, 153, 289, 290 charged with duty of examination relative to Boundary Mon- uments : 5, 22, 24, 214 No. n.] 483 Regents of the University — ( Continued ) ; page. appoint a Boundary Committee 5 Resolution of, designating Boundary Commissioners 23, 25 Dr. Peters reports to, on Latitudes and Longitudes 37 Report of Commissioners to 140 employ Dr. Peters in Astronomical work 175 authorized to erect new Initial Monument at Lake Erie 205 Reports of progress upon Boundary Survey referred to. ... . . .23, 39 Resolutions : of Joint Commission, 1877 6 of Regents designating Commissioners 23, 214 to examine navigation, etc. (Pennsylvania) 67 directing Commissioners to mark Northern Boundary of Pennsylvania 68 rescinding the same 70 Joint, to organize Town of Chemung 112 of Congress requesting Cession of Western lands 186 of Cession by Virginia v 187 accepting Cession of New York (U. S.) . . . . 190 urging other States to Cede (U. S.) 190 of acceptance passed (U. S.) 191 directing Geographer to ascertain line of Cession (U. S.), 194, 441 Amending previous resolution 196 Joint, of New York, Authorizing Regents to erect new Monu- ment near Lake Erie 205 Joint, of New York, Authorizing Regents to examine Bound- aries 212 of Massachusetts claiming territory westward of New York.. 407 of New York upon the claims of Massachusetts. .> 407 of New York to quiet the Six Nations 414 of Connecticut, asserting claim to Western land 422 of Congress requiring contending parties in Pennsylvania to cease hostilities 422 of New York on Connecticut claim 432 of New York not to appoint Commissioners 436 of New York not to accede to terms of compromise 437 of Pennsylvania, calling for description of Lake Erie lands. . 438 of Pennsylvania, Authorizing delegates to purchase lands. . . 441 of Congress granting Lake Erie lands to Pennsylvania 443 of Pennsylvania accepting the purchase 445 Revised Statutes of New York: Description of Boundaries in 19, 9S Error in 99 remarks of revisers 99 consulted for history of Meridian Boundary 175 not historically correct 176 Rhode Island, disputed Boundary between Massachusetts and.. 16, 20 Decision of the United States Supreme Court upon 149 Rittenhouse, David.... 12, 19, 26, 65, 78, 82, 84, 94, 97, 99, 100, 124 130, 142, 195, 292, 296, 297, 304 Biographical Foot-note 64 appointed Commissioner for Pennsylvania, 1774 18, 63 484 [Senate Rittenhouse, David — ( Continued ): page. signs report upon Monument at Delaware River , 64 bill for services 66 appointed Boundary Commissioner, 1784 70 notified of action of New York 72 Letters of, relative to preliminary arrangements 72 Commissioner on Boundary between Pennsylvania and Vir- ginia 72L Letter to Ellicott from 76 Commissioner on Boundary between Massachusetts and New York .77, 411 Sector constructed by 85 Letter of, to his wife 86 leaves the Boundary Party 89 Letter from Ellicott and Porter to 93 Pay for services of 95 probable position of observatory of, 1774. . 129 requested to furnish instruments to Ellicott 197 Traverse of Delaware River by 299 owns a transit instrument 416 Rose Brook 239 Rose, Robert H., large land-holder in Bradford and Susquehanna Counties Ill Ross, George, Vice-President of Pennsylvania, letter of, to dele- gates in Congress 195 Ross, Sobieski, Estate of, in Potter County Ill Rutherford’s Observatory in New York city 37 Sand Pond Brook 123, 125, 131, 157, 224, 225, 304, 308 Saxton, Frederick, surveyor upon Phelps and Gorham Purchase. 113 accompanies Ellicott on Survey of Meridian Boundary 198 Schuyler, Philip, appointed Commissioner 18, 71 letter from, to the New York Legislature 179 Sections, Parallel Boundary divided into 128, 157 New monuments upon each 157 et seq. Seely Creek 234 Seneca Lake 416 Shepard, Wareham, Surveyor for Holland Land Company .. 117, 118 fixes Township Corners on Meridian Boundary 203 Sidney, Township of (New York) 105, 106 Simmons, George A., opinion of, upon Connecticut Boundary. 20, 147 Smedley, James 117 Smith, Edwin, Assistant United States Coast and Geodetic Survey. 12 127, T42, 271, 287 Smoke affects accuracy of Observations 85 Snake Creek 103, 104, 159, 227 South Creek 233 Spanish Hills Monument Ill, 161, 232 Spiritual Spring, Kiantone 357 Sperry, James, re-surveys lands in Cattaraugus County 119 Starr, Geo. W., County Line Commissioner 121 No. 71.] 485 PAGE. Starrucca Tract, Drinker’s 102, 107 State Line Run .....246, 250, 251, 349 State Survey (See New York.) Steuben County, New York 90, 294, 280 Early Land Surveys in 112 Supervisor More of Lindley 162 New Monuments along 162-5, 173 Description of location of . 234-9 Angles and distances along 266 County and Town Corners 281 Connecticut claim to lands in 429 Stewart, Charles, Pennsylvania Deputy Surveyor 107 Stillwater Creek 253, 360 Stoddard, Richard M., Surveyor for Holland Land Company.118, 350 Storehouse Brook 251, 354 Stuart, Gen. Charles B., life of Ellicottby 201 Suffern, Edward 205 Sugar Grove, Astronomical Station. .128, 136, 169, 171, 172, 253, 269 Detailed Record of 276 Survey, cost of an independent geodetic 13, 146 State. (See New York.) Surveyors, Deputy, in Pennsylvania 107 et seq. for Phelps and Gorham 112 et seq. for Holland Land Company 115 et seq. Surveys, temporary, of Portions of Boundary 73 independent, for location of lands 73 et seq. of 1786 and 1787 , 7 6 et seq Early land, along Boundary 101 et seq System of, in Pennsylvania 106 Brady’s, interference of, with New York lands 109 of 1877-9 , 124 of Meridian Boundary 201, 204 defined by Lewis Evans. 400 Susquehanna Company 110 John H. Lydius agent for 54 organized 420 makes Surveys 421 renews contest 425 Susquehanna County, Pennsylvania 156, 272, 280 “ Old State line” in 75, 76 Warrants in, surveyed, 1784 75 Early land Surveys in 102 Rose Estate in Ill Commissioners locate Milestone 21 131, 159 New Monuments along 157-9, 173 Description of location of 225-9 Angles and distances along 263-4 County and Town Corners 282-3 Geo. Palmer’s Surveys in 305 Susquehanna River. ..9, 41, 42, 44, 48, 50, 52, 55, 67, 71, 73, 75, 76 83, 86, 91, 102, 104, 106, 107, 110, 127, 155, 288, 309, 393, 401 421, 426 486 | (Senate Susquehanna River — ( Continued ): page. -Falls of 42, 43 Governor Dongan proposes to annex 44 Governor Hamilton objects to location of lands upon 50, 51 a part of Indian Boundary 57 the want of a proper survey of, causes error in Indian Boundary 59 Correction Station on bank of, 1786 85 intersection with Boundary 131, 137 summit west of 132 New Monuments near 154, 157, 225, 231 a town Boundary 280, 281, 282, 283 George Palmer reaches 305 Journal up, by Drake and Delong 308 Petition to General Assembly of Connecticut for grant of land upon 419 Syracuse, N. Y., Joint Commission meets at 219 Table of distances aud angular deflections 263-270 Taylor, D. R., pointed out site of Dr. Peters’ Station 278 Taylor, Jacob, furnishes team for the Survey 125 Thompson, John, Assistant Surveyor for Holland Land Company. 119 Thorpe, Michael B., a Surveyor 115 Tioga County, New York. 58, 103, 272, 273 Hooper’s temporary line along. 75 Early land Surveys in 75, 105, 111 New Monuments along 159-161, 173 Description of locations of 229-232 Angles and distances along. . 264 County and Town Corners 280 Lands in, ceded to Massachusetts 411 Connecticut claim to lands in 429 Tioga County, Pennsylvania . . .91, 274, 280 Warrants along Maclay’s temporary line in 76 Early land Surveys in 108 Bingham Estate Surveys in 110, 111 Extracts from County Records furnished 123 Astronomical parallel in 144 New Monuments along 162-65, 173 Description of locations of 234-38 Angles and distances along 265-6 County and Town Corners 283 Tioga Point 57, 88, 399 Tioga River 19, 127, 274 Survey of 1786 terminated near 77, 89 Correction Station on bank of, 1786 89 Surveys upon 106, 108, 115 Monument washed out. . 133, 102 Angular point at 163 New Monument on bank of 163, 235 Torrey, Robert N., Commissioner from Pennsylvania. . .6, 25, 39, 2S6 signs Final Agreement . 29 No. 71.] 487 PAGE. Town and County Corners, Schedule of 280-285 Transit Instrument 71, 72, 94, 125, 197, 201, 416 Meridians 116, 117, 168, 247 334, 337, 416 Monuments. 116, 117,166, 169,241,247,281,282,317, 318, 334 337 Travis, Astronomical Station 127, 157, 263 New Monuments at 158, 224, 271 Detailed Record of 271 Trees, Witness, description of Marks upon , 313 Trenton, Council of 423 Opinion of members of 424 Trotter, John 103 Troup’s Creek 108, 127, 237, 274 Correction Station on bank of, 1787 89 Monument washed out 133, 164 Angular point at 164 Trowbridge Creek 226 Trumbull, Governor of Connecticut, letter to Governor Hamil- ton of Pennsylvania 421 Tryon, Governor William, describes Boundaries of N. Y. .48, 177, 404 referred to 185, 398 Tucker, Thomas, a Pennsylvania Deputy Surveyor 107 Tunaunguant Creek , 127, 275, 335 Correction Station on bank of, 1787 90 New Monuments near 246 variations in spelling the name of 388 Tuna Valley 90, 389 Astronomical Station 128, 134, 167, 168, 169, 247, 268 Deflection in Boundary in 144 Detailed Record of Station 275 Tunkhaunock Creek 306, 308 Twenty-Mile Creek ..259, 381, 382 United States, policy of, relative to Boundary lines 16, 141 Decisions of Supreme Court of 16, 20, 141, 149 Congress to approve Final Argument 24, 29 System of land Surveys, author of. 116 Commission surveys Allegany Indian Reservation 122 Boundary between Great Britain and 176, 185 Act of Cession to (New York) 181 Congress requests Maryland to ratify Articles 187 Cession of New York to, accepted 191 Congress recommends a new act of Virginia 192 Congress accepts Cession from Massachusetts 193 Various States pass acts of Cession to 193 Geographer of, requested to run line of Cession 194 President of, requested to appoint a Surveyor 197 Commission to settle controversy between Connecticut and Pennsylvania, appointed by 423 (See Trenton.) 488 [Senate U n i ted States — ( Continued) : page. President of, directed to grant Letters Patent to Connecticut. 428 Congress proposes to grant Lake Erie lands to Pennsylvania. 443 conveys Lake Erie lands 453 United States Coast and Geodetic Survey.. 6, 10, 11, 13, 37, 38, 124 150, 157, 209, 277, 287 Superintendent of, requested to establish 42 d Parallel 7, 9 Astronomical observations 127 Stations divide Boundary into Sections 128, 154 results in Longitude 138 report on Boundary 142 System of triangles to be extended 145 Stations marked with Monuments 155 Stations directed to be marked 221 Station Monuments described 223 Stations, detailed Records of 271-277 United States Lake Survey 209 Longitude of Meridian Boundary 138 Correction of Geodetic Positions 277 Position of new Lake Erie Monument 279 University, Regents of. ( See Regents.) Valentine and Collins survey Canada Boundary 16, 17 Van Campen, Moses, surveys town of Independence 114 Van Cortlandt, Pierre, Lieut.-Governor of New York 181 Van der Donck describes New Netherland 403 Variation of the Needle, De Witt’s idea of 108 Virginia, Charter Claim of 177 Act of Cession 187 Act not satisfactory to Congress 191 passes new Act of Cession 192 Walker, Z. F., furnishes notes 32 in possession of Zephon Flower’s papers 114, 160 Wappasening Creek 104, 107, 230, 231 Ward and Halsey purchase Connecticut Gore 431 organize a Land Company 432 Warner, W. F : 32 Warrants, Military land, located by R. L. Hooper 59, 103, 104 Surveys of, in Pennsylvania 106 Corners of Pennsylvania, at Milestones 171 Geo. Palmer’s field-notes of 310 Warren, Penn., laid out by Andrew Ellicott 92 Warren County, Pennsylvania 92, 276, 280 Early land Surveys in 74, 110, 120 McKean and, County line Commission ... 110, 121, 135, 169, 250 recent surveys of town lines in 123, 171 old State line tree in 136, 1 70 New Monuments along 169-173, 174 Description of locations of 249-256 Angles and distances along 268-209 County and Town Corners ^84 No. 71.] 489 PAGE. Warren Station, New York State Survey 128 Detailed Record of 277 Watson, James, Tracts in Town of Chemung 112 Wattsburg, Penn., Correction Station near, 1787 93 Watts, David, Surveys Pennsylvania Donation Lands 74, 120 Watts, John, deficiency Patent to 103 Washington, George, "President, appoints Andrew Ellicott Sur- veyor of line of Cession 195,197, 450 Letter from Ellicott to 1 ( . 8 criticises the acceptance of Connecticut Cession 427 signs Patent for Erie lands 453 Waverly, Correction Station near, 1786 88 Astronomical Station (1879). .89, 127, 128, 132,160, 161,231, 265 Milestone 60 in 133, 231 New Monuments in village of 133, 231 Boundary divides property in 144 first new Monuments delivered at 154 Notes taken near, to locate rail-roads 174 Detailed Record of Station 273 Wayne County, Pennsylvania 107, 280 Palmer instructed to lay out warrants in 73 Early land Surveys in 101 New Monuments along 157-158, 173 Description of locations of 224-225 Angles and distances along 263 Corner of 282 George Palmer’s line along 304 George Palmer’s Field-notes of Warrant Surveys in 310-312 Webster, Daniel, Counsel in Case Rhode Island v. Massachusetts. 150 Wentz, William, Surveyor 105, 114 Werden, Sir John, letter to Governor Dongan 41 Western Reserve of Connecticut 193, 428, 429 Westmoreland, Town of, laid out 423 Whipple, Squire, Surveyor 114 Wilderness, portion of Boundary omitted 127 in Tenth Section 135 Wilkinson, James, Pennsylvania Commissioner, to run temporary line v 67 Williams, O. S., Secretary of Hamilton College 175 Williamson, Charles, Agent for proprietors of land in Steuben County 114, 416 Willing and Francis Tract 115 Willink Lands in Pennsylvania 136 Corners of Warrants in, at Mile Points 171 Willink Strip 117, 417 Field notes of 168 new Monuments 247 Record of surveys along 337 Willink, Wilhem, takes upland in Pennsylvania 109 and Jan, members of Holland Land Company 116, 417 Willow Creek 249, 250 [Sen. Doc. No. 71.] 62 490 [Senate No. 71.] PAGE. Witness trees, description of Marks upon 313 Wolf Run 249, 346 Woolworth, Samuel B., Secretary of the Joint Commission .6, 28, 39 170, 207, 286 present at Initial Point, 1877 124 Biographical Sketch 289 Worrall, James, Commissioner from Pennsylvania and Chairman of Joint Commission 6, 39, 140, 152, 220, 221, 286 letter of, recommending rectification of Boundary 9 estimate of Cost of Survey by 13, 146 death of, referred to 25, 33, 39 Biographical Sketch 288 Wynkoop Creek . 232 York, Duke of, Grant to the 40, 403, 407 quit-claims to William Penn 41 Agents of, apprehensive of Penn’s desires 42 becomes King 42 York Run 253, 357 UNIVERSITY OF ILLINOIS-URBANA 3 0112 072660688