§ 6 — Pennsylvania boundary line

New York § 6

• Jurisdiction: New York
• Law STL: State
• Art. 2: State Boundaries

Text

§ 6. Pennsylvania boundary line. The boundary line between the states\nof New York and Pennsylvania is as follows:\n Commencing at said intersection of said meridian line of cession, and\nrunning thence south to the shore of Lake Erie at initial monument set\nby A. Ellicott in 1790 as above; thence true south 440 feet to a large\nmonument of Quincy granite, set in 1869, in latitude 42Á 16' 5.39", and\nlongitude 79Á 45' 45.26", as deduced by the United States lake survey,\nmarked 1869, latitude 42Á 15' 57.9", longitude 79Á 45' 54.4", by\ncommissioners duly authorized on the part of the states of New York and\nPennsylvania as stated in reports of regents boundary commission in\n1886; thence south on said meridian line 13.895 miles to Fourteen Mile\npoint; thence south 4.647 miles at an angle of 4' west to a large\nterminal monument; thence on the same line 100 feet to the southwest\ncorner of New York marked by monument (in latitude 42Á 0' 1.42", as\ndetermined by state survey) set in 1787 by A. Hardenburgh and W. W.\nMorris, commissioners on the part of New York, and A. Ellicott and A.\nPorter, commissioners on the part of Pennsylvania; thence due east on\nparallel of latitude of 42Á, as surveyed and marked by monuments by said\ncommission, to the ninetieth mile stone erected in 1786 by James Clinton\nand Simeon De Witt, commissioners on the part of New York, and Andrew\nEllicott, commissioner on the part of Pennsylvania, on the west side of\nthe south branch of the Tioga river in latitude 42Á 0' 1.3" as deduced\nby the state surveyor in 1879; thence due east on line established and\nmarked by the last mentioned commission to a point in the center of\nDelaware river, such line passing through a monument set in the year\n1884 by H. W. Clarke, surveyor, on the part of the state of New York,\nand C. M. Gere, surveyor, on the part of the state of Pennsylvania, and\nlocated six hundred feet west of the center of said river (all of the\nabove line passing through monuments placed between the years 1881 and\n1885 by said H. W. Clarke and C. M. Gere, of which a schedule is given\nin their report to the commission appointed by virtue of the provisions\nof chapter three hundred and forty of the laws of eighteen hundred and\neighty, and dated December 1, 1885, showing angular deflections at each\nmile stone, with distances between each, summarized as follows:\nSouthwest state corner to Chautaugua county corner 36.090 miles; to\nCattaraugus county corner 38.743 miles; to Allegany county corner 28.769\nmiles; to Steuben county corner (mile post eighty-two) 40.411 miles; to\nTioga county corner, on the left bank of the Chemung river, 21.066\nmiles; to Broome county corner 23.387 miles; to the center of the\nDelaware river 38.396 miles; thence down the center of the Delaware\nriver about eighty-five miles to its junction with the Neversink river;\neach of the states of New York and Pennsylvania having concurrent\njurisdiction within and upon the waters of that portion of the main\nchannel of the Delaware river between the lines of low water at either\nbank thereof; then S. 51Á E. on prolongation of boundary line between\nNew York and New Jersey, to "tri-state monument," set in 1882 by joint\ncommission, over bolt in bare lime-stone rock near the confluence of the\nNeversink and Delaware rivers as settled in 1769 by commission appointed\nby king of Great Britain, and marked by a crow foot cut into its upper\nface, in latitude 41Á 21' 22.63", and longitude 74Á 41' 40.70" west as\ndetermined by the United States coast survey in 1874. The said metes and\nbounds are in accordance with and subject to the agreement between\ncommissioners of the states of New York and Pennsylvania, which took\neffect August 19, 1890, the date of the approval of the act of Congress\nconsenting thereto. The ratification and confirmation by this state of\nsuch agreement is continued in force. The following is a copy of such\nagreement:\n "An agreement made the twenty-sixth day of March, in the year eighteen\nhundred and eighty-six, between Henry R. Pierson, Elias W. Leavenworth\nand Chauncey M. Depew, commissioners on the part of the state of New\nYork, and Christopher M. Gere and Robert N. Torry, commissioners on the\npart of the state of Pennsylvania.\n WHEREAS, By the first section of chapter four hundred and twenty-four\nof the laws of the state of New York, for the year eighteen hundred and\nseventy-five, the regents of the university of the state of New York\nwere authorized and directed to resume the work of 'examination as to\nthe true location of the monuments which mark the several boundaries of\nthe state,' as authorized by the resolution of the senate of April\nnineteenth, eighteen hundred and sixty-seven, and in connection with the\nauthorities of Pennsylvania, to replace any monuments which may have\nbecome dilapidated or been removed on the boundary line of that state;\nand,\n WHEREAS, The said board of regents of the university did through a\ncommittee of said board, previously appointed for the purpose, under\nsaid senate resolution of eighteen hundred and sixty-seven, proceed to\ncarry out the instructions contained in said chapter four hundred and\ntwenty-four of the laws of eighteen hundred and seventy-five; and,\n WHEREAS, By chapter three hundred and forty of the laws of the said\nstate of New York for the year eighteen hundred and eighty the said\nregents of the university were further authorized and empowered to\ndesignate and appoint three of their number as commissioners to meet\nsuch commissioners as may have been or may be appointed on the part of\nthe state of Pennsylvania, and with such last-named commissioners as\nsoon as may be, to proceed to ascertain and agree upon the location of\nthe boundary line between said states, as originally established and\nmarked with monuments, and in case any monuments are found dilapidated\nor removed from their original location, to replace them in a durable\nmanner in their original position, and to erect such additional\nmonuments at such places on such lines as they may deem necessary for\nthe proper designation of the boundary line between said state; and,\n WHEREAS, The above-named Henry R. Pierson, Elias W. Leavenworth and\nChauncey M. Depew were by resolution passed on the thirteenth day of\nJuly, eighteen hundred and eighty, duly designated and appointed by the\nsaid regents of the university of the state of New York as commissioners\non the part of the state of New York for the purposes mentioned in said\nact; and,\n WHEREAS, Also, by an act of the legislature of the state of\nPennsylvania, entitled 'An act in regard to the boundary monuments on\nthe line between the state of Pennsylvania and New York, with an\nappropriation for expenses of the same,' passed May eighth, eighteen\nhundred and seventy-six, the governor of the state of Pennsylvania was\nauthorized and empowered 'to appoint three persons to be a commission to\nact in conjunction with a similar commission of the state of New York,\nto examine as to the true location of the monuments which mark the\nboundary line between this state and the state of New York, and in\nconnection with said commission of the state of New York, to replace any\nmonuments which may have been dilapidated or been removed on the\nboundary lines of said states'; and,\n WHEREAS, The governor of the state of Pennsylvania, under authority of\nsaid act, did duly designate and appoint James Worrall, Christopher M.\nGere and Robert N. Torry, to be a commission for the purposes of said\nact; and,\n WHEREAS, James Worrall, the first-named member of said commission,\ndied during the progress of the work on said boundary line; to wit, on\nApril first, eighteen hundred and eighty-five, and the surviving\nmembers, to wit: Christopher M. Gere and Robert N. Torry, have continued\nthe work of said commission on the part of the state of Pennsylvania, as\nauthorized by the aforesaid act.\n NOW, THEREFORE, the said commissioners for and on behalf of their\nrespective states, having duly performed the duties imposed upon them by\nthe said acts, and having examined said boundary line, and replaced in a\ndurable manner the monuments to mark the same in pursuance of the\nauthority duly given as aforesaid, have agreed and do hereby agree as\nfollows:\n First. The channel of the Delaware river, from a line drawn across\nsaid channel, from a granite monument erected upon the eastern bank of\nsaid river in the year eighteen hundred and eighty-two, by the joint\nboundary commission of the states of New Jersey and New York to mark the\nwestern extremity of the boundary line between said states of New Jersey\nand New York, in a westerly prolongation of said boundary line up and\nalong said channel of said Delaware river as it winds and turns, for a\ndistance of eighty-five miles or thereabouts, to a line drawn east\nacross said river from a granite monument erected upon the west bank of\nsaid river in the year eighteen hundred and eighty-four, by H. W.\nClarke and C. M. Gere, to mark the eastern extremity of the first line\nhereinafter described, shall continue to be a part of the boundary or\npartition line between the said two states; provided, however, that the\nlimit of territory between the said two states shall be the center of\nthe said main channel, and provided further, that each state shall enjoy\nand exercise a concurrent jurisdiction within and upon the water of said\nmain channel between the lines of low water at either bank thereof,\nbetween the limits hereinbefore mentioned.\n Second. The line extending from the Delaware river aforesaid, at a\npoint upon said river fixed and marked with monuments (which have since\ndisappeared), by David Rittenhouse and Samuel Holland, in the month of\nNovember, in the year seventeen hundred and seventy-four, west, as the\nsame was surveyed and marked with monuments in the year seventeen\nhundred and eighty-six, as far as the ninetieth milestone, by James\nClinton and Simeon De Witt, commissioners on the part of the state of\nNew York, duly appointed for that purpose by the governor of said state,\nin pursuance of an act of the legislature of said state, entitled 'An\nact for running out and marking the jurisdiction line between this state\nand the commonwealth of Pennsylvania,' passed seventh March, seventeen\nhundred and eighty-five, and David Rittenhouse, Andrew Porter and Andrew\nEllicott, commissioners on the part of the commonwealth of Pennsylvania,\nduly appointed for that purpose by the supreme executive council of said\ncommonwealth in pursuance of an act of the general assembly of said\ncommonwealth, entitled, 'An act to authorize and enable the supreme\nexecutive council to appoint commissioners to join with the\ncommissioners appointed, or to be appointed, on the part of the state of\nNew York, to ascertain the northern boundary of this state from the\nriver Delaware westward to the northwest corner of Pennsylvania,' passed\nthirty-first March, seventeen hundred and eighty-five, and from the said\nninetieth milestone west, as the same was surveyed and marked with\nmonuments and posts in seventeen hundred and eighty-seven by Abraham\nHardenbergh and William W. Morris, commissioners on the part of the said\nstate of New York, duly appointed in the place of Simeon De Witt and\nJames Clinton aforesaid, by the governor of said state in pursuance of\nthe act aforesaid, and the act supplementary thereto, passed by the\nlegislature of said state, twenty-first April, seventeen hundred and\neighty-seven, and Andrew Ellicott and Andrew Porter aforesaid,\ncommissioners on the part of the commonwealth of Pennsylvania, to the\npoint where said line is intersected by the line of cession or meridian\nboundary hereinafter described, which said line so surveyed and marked\nin the years seventeen hundred and eighty-six and seventeen hundred and\neighty-seven has since been acknowledged and recognized by the said two\nstates as a part of the limit of their respective territory and\njurisdiction, shall notwithstanding any want of conformity to the verbal\ndescription as written in the charter of the province of Pennsylvania,\ngranted to William Penn in the year sixteen hundred and eighty-two, or\nas recited by the commissioners aforesaid, continue to be the boundary\nor partition line between the two said states, from the Delaware river\naforesaid, to the said point of intersection with the said line of\ncession; provided that wherever upon said line the locations of any of\nthe monuments, or posts, erected by the said commissioners in seventeen\nhundred and eighty-six and seventeen hundred eighty-seven have been lost\nand cannot otherwise be definitely fixed, then and in that case, and in\nevery case where it is required to establish intervening points in said\nline, a straight line drawn between the nearest adjacent monuments whose\nlocalities are ascertained shall be understood to be, and shall be, the\ntrue boundary line.\n Third. The line of cession, described as a meridian line, drawn from\nthe forty-fifth degree of north latitude, south through the most\nwesterly bent or inclination of Lake Ontario, in the deed of cession to\nthe United States of certain territory claimed by the state of New York,\nlying west of said line, executed first March, seventeen hundred and\neighty-one, by James Duane, William Floyd and Alexander McDougal,\ndelegates in congress of said United States from the said state of New\nYork, in pursuance of an act of the legislature of said state, entitled\n'An act to facilitate the completion of the articles of confederation\nand perpetual union among the United States of America,' passed February\nnineteenth, seventeen hundred and eighty, which said territory was\nafterward conveyed by the United States aforesaid to, and became a part\nof the territory and jurisdiction of the said commonwealth of\nPennsylvania, as the said line was surveyed and marked with posts and\nmonuments of stone in the year seventeen hundred and ninety, by Andrew\nEllicott, who was duly appointed for that purpose by the president of\nthe United States, in pursuance of a resolution of congress, passed\nnineteenth August, seventeen hundred and eighty-nine, which said line,\nand its prolongation due north into the waters of Lake Erie until it\nintersects the northern boundary of the United States aforesaid, have\nsince been acknowledged and recognized by the said two states, as a part\nof the limit of their respective territory and jurisdiction shall,\nnotwithstanding any possible want of conformity to the verbal\ndescription thereof, as contained in said deed of cession, continue to\nbe the boundary or partition line between the two said states, so far as\nsaid line so surveyed and marked in seventeen hundred and ninety shall\nextend.\n Fourth. The monumental marks by which the said boundary line, except\nsuch portions thereof as may be within the waters of the Delaware river,\nand Lake Erie, shall hereafter be known and recognized, are hereby\ndeclared to be---\n I. The original monuments of stone, erected in the years seventeen\nhundred and eighty-six and seventeen hundred and eighty-seven by the\ncommissioners aforesaid, and in the year seventeen hundred and ninety by\nAndrew Ellicott aforesaid, as the same have been restored and\nre-established in their original positions, or have been replaced by\ngranite monuments erected in the years eighteen hundred and eighty-one,\neighteen hundred and eighty-two, eighteen hundred and eighty-three,\neighteen hundred and eighty-four and eighteen hundred and eighty-five,\nby H. Wadsworth Clarke, surveyor on the part of New York, and\nChristopher M. Gere, surveyor on the part of Pennsylvania, duly\nappointed by the parties hereto.\n II. The new monuments of granite, erected in the years eighteen\nhundred and eighty-one to eighteen hundred and eighty-five, inclusive,\nby the aforesaid surveyors, at intervals of one mile, more or less, and\nnumbered consecutively, along said line originally surveyed and marked\nin the years seventeen hundred and eighty-six and seventeen hundred and\neighty-seven, beginning from the Delaware river, and severally marked on\nthe north side with the letters 'N. Y. ,' and on the other side with the\nletters 'Pa.' and along said line originally surveyed and marked in the\nyear seventeen hundred and ninety, beginning at the shore of Lake Erie,\nand severally marked on the east side with the letters 'N. Y. ,' and on\nthe west side with the letters 'Pa.'\n III. The new monuments of granite erected by the said surveyors, in\nthe years eighteen hundred and eighty-one to eighteen hundred and\neighty-five, inclusive, aforesaid, at intervening points on said line,\nand at its intersection with public roads, railroads and rivers, and at\nother points, and severally marked on the one side with the letters\n'N.Y. ,' and on the other side with the letters 'Pa.'\n IV. A large monument of granite, erected in the year eighteen hundred\nand eighty-four by the said surveyors six hundred feet west of the\ncenter of the Delaware river in the said line originally fixed in the\nyear seventeen hundred and eighty-six, to mark its eastern terminus; a\nlarge monument of granite erected in the year eighteen hundred and\neighty-four by the said surveyors in the said line or meridian boundary,\nas originally fixed in the year seventeen hundred and ninety, one\nhundred feet north from its intersection with the line originally\nsurveyed as aforesaid, in the years seventeen hundred and eighty-seven,\nwhich said point of intersection is marked by a small monument of\ngranite buried in the center of the highway, in eighteen hundred and\neighty-four by the said surveyors; and also a large monument of granite\nerected in the year eighteen hundred and sixty-nine by John V. L. Pruyn,\nGeorge R. Perkins, Samuel B. Woolworth, and George W. Patterson on the\npart of the state of New York, and William Evans on the part of the\nstate of Pennsylvania, four hundred and forty feet south of the original\nmonuments erected in the year seventeen hundred and ninety, by Andrew\nEllicott aforesaid, upon the south shore of Lake Erie, in the line\noriginally surveyed and marked by him as aforesaid.\n Fifth. The field book of said surveyors containing the notes of the\nre-surveys along said line in the years eighteen hundred and\nseventy-seven, eighteen hundred and seventy-eight and eighteen hundred\nand seventy-nine; also the 'record of monuments' prepared by said\nsurveyors, containing the descriptions of the locations of the several\nmonuments erected by them, and of the witness marks thereto; also the\nmaps of said line, and the vicinity thereof, showing the locations of\nsaid monuments; and also the 'diary of operations' of said surveyors\nunder the direction of the parties hereto; the same having been duly\nauthenticated by the signature of the said surveyors, and the several\ndocuments and books of record containing the transactions of the parties\nhereto; all of which being placed on file in the office of the secretary\nof state of New York, and the office of the secretary of internal\naffairs of Pennsylvania, shall constitute the permanent and authentic\nrecords of said boundary line, and are hereby adopted by the parties\nhereto, and made a part of this agreement.\n Sixth. This agreement shall become binding upon the two states when\nratified by the legislatures thereof, respectively, and when confirmed\nby the congress of the United States.\n In witness whereof the said commissioners have hereunto set their\nhands and seals in duplicate, the twenty-sixth day of March, eighteen\nhundred and eighty-six, aforesaid.\n Executed in the presence of witnesses:\n As to Henry R. Pierson: Edward I. Devlin,--- H. R. Pierson, L. S.\n As to E. W. Leavenworth: H. W. Clarke,--- E. W. Leavenworth, L. S.\n As to Chauncey M. Depew: Edward I. Devlin,--- Chauncey M. Depew, L. S.\n As to C. M. Gere: A. D. Birchard,--- C. M. Gere, L. S.\n As to Robert N. Torry: Andrew Thompson,--- Robert N. Torry, L. S. "\n