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a house and barn, and through the western edge of a grove of trees to the stone monument near the house of Mr. Eastman, the whole distance being 1,190 rods; thence 1,630 rods to a stone monument standing in the meadow 60 rods north of the north shore of Kimball's Pond, in Fryeburg.
But as the towns of Fryeburg and Stowe have erected no durable monument on the State's line at their respective corners, we deemed it advisable, under our instructions, to proceed so far south as at least to pass the said corner and to complete the work at some well-defined monument of the old survey.
This course bore from the monument to and across an open bay south 12 degrees west; thence on the old trees south 9 degrees west 100 rods; thence on the old line south 10 degrees 30 minutes west to a stone monument erected by us near the house of Jonnet Clay, in Chatham, and on the north side of the road leading from Stowe to Chatham Corners; said monument is marked “M.” “N. H." 1858; thence on the old line south 11 degrees west to the road leading from North Fryeburg to Chatham, at which point we placed a stone monument; thence south 11 degrees west to the northwest corner of Fryeburg, being a stake in a pile of stones in a piece of low ground, southerly of the house of Captain Bryant, and to the old monument, 60 rods north of Kimball's Pond. On the bank north of said corner, on the south side of the road, and near Captain Bryant's house, we placed a stone monument marked "M." "N. H. 1858."
The different courses laid down in the foregoing report are the bearings of the compass in 1858 when placed on the line established in 1828. (See Legislative Journal of New Hampshire, 1859, pages 764-767.)
In 1874 the line between Maine and New Hampshire was resurveyed and marked. (Vide Hitchcock's Geology of New Hampshire, Vol. I, p. 173.)
The first charter of Virginia, granted in 1606, included the territory of the present State of New Hampshire (vide p. 39), as did the charter of New England, granted in 1620 (vide p. 39), and the grant to Capt. John Mason and Sir Ferdinando Gorges of 1622 (vide p. 40).
The president and council of New England made a grant to Capt. John Mason in 1629 as follows, viz:
All that part of the main land in New England lying upon the sea coast, beginning from the middle part of Merrimack River, and from thence to proceed northwards along the sea-coast to Piscataqua River, and so forwards up within the said river and to the furthest head thereof, and from thence north westwards until three score miles be finished from the first entrance of Piscataqua River and also from Merrimack through the said river and to the furthest head thereof, and so forward up into the lands westward until three score miles be finished, and from thence to cross overland to the three score miles, and accompted to Piscataqua River, together with all islands and islets within 5 leagues distance of the premises and abutting upon the same, or any part or parcel thereof, &c., which said portions of lands the said Capt. John Mason, with the consent of the president and council, intends to name New Hampshire. * *
* * *
In 1635 the grant of 1629 was confirmed by a supplementary grant, of which the following is an extract, viz:
All that part of the Mayn Land of New England aforesaid, beginning from the middle part of Naumkeck River, and from thence to proceed eastwards along the Sea
Coast to Cape Anne, and round about the same to Pischataway Harbour, and soe forwards up within the river Newgewanacke, and to the furthest head of the said River and from thence northwestwards till sixty miles bee finished, from the first entrance of Pischataway Harbor, and alsoe from Naumkecke through the River thereof up into the land west sixty miles, from which period to cross over land to the sixty miles end, accompted from Pischataway, through Newgewanacke River to the land northwest aforesaid; and alsoe all that the South Halfe of the Ysles of Sholes, all which lands, with the Consent of the Counsell, shall from henceforth be called New-hampshyre. And alsoe ten thousand acres more of land on the southeast part of Sagadihoc at the mouth or entrance thereof-from henceforth to bee called by the name of Massonia, &c.
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After the death of Capt. John Mason (in December, 1635), the affairs of the colony coming into bad condition, they sought the protection of Massachusetts in 1641 and enjoyed it till 1675, when Robert Mason, a grandson of John Mason, obtained a royal decree, under which, in 1680, a colonial government was established. But no charter was given to the colony, and its government was only continued during the pleasure of the King. The following is an extract from the commission, or decree, issued by the King in 1680:
Province of New Hampshire, lying and extending from three miles northward of Merrimack River or any part thereof into ye Province of Maine.
In the year 1690 the province of New Hampshire was again taken under the jurisdiction of Massachusetts Bay, but was again separated in 1692.
[For a history of the boundary between New Hampshire and Maine, vide Maine, p. 41.]
The controversy already referred to, arising between the provinces of New Hampshire and Massachusetts Bay, not only involved the settlement of the boundary between New Hampshire and Maine, but also that between New Hampshire and Massachusetts, and, as before stated (vide Maine, p. 41), the commissioners appointed by the two provinces having been unable to agree, New Hampshire appealed to the King, who ordered that the boundaries should be settled by a board of commissioners appointed from the neighboring colonies.
The board met at Hampton in 1737, and submitted a conditional decision to the King, who in 1740 declared in council as follows, viz:
That the northern boundary of the province of Massachusetts be a similar curve line pursuing the course of the Merrimac River, at three miles distance, on the north side thereof, beginning at the Atlantic Ocean and ending at a point due north of Pautucket Falls, and a straight line drawn from thence, due west, till it meets with His Majesty's other Governments. (Vide Vermont State Papers, Slade, p. 9.)
New Hampshire claimed her southern boundary to be a line due west from a point on the sea three miles north of the mouth of Merrimac River. Massachusetts claimed all the territory three miles north of any part of Merrimac River. The King's decision gave to New Hampshire a strip of territory more than fifty miles in length,
and of varying width, in excess of that which she claimed. This decree of the King was forwarded to Mr. Belcher, then governor of both the provinces of New Hampshire and Massachusetts Bay, with instructions to apply to the respective assemblies to unite in making the necessary provisions for running and marking the line conformable to the said decree, and if either assembly refused, the other was to proceed ex parte. Massachusetts Bay declined complying with this requisition. New Hampshire, therefore, proceeded alone to run and mark the line.
George Mitchel and Richard Hazen were appointed by Belcher to survey and mark the line. Pursuant to this authority, in the month of February, 1741, Mitchel ran and marked the line from the seacoast about three miles north of the mouth of the Merrimac River to a point about three miles north of Pawtucket Falls, and Hazen, in the month of March following, ran and marked a line from the point, three miles north of Pawtucket Falls, across the Connecticut River, to the supposed boundary line of New York, on what he then supposed to be a due west course from the place of beginning. He was instructed by Governor Belcher to allow for a westerly variation of the needle of ten degrees. (Vide New Hampshire Journal H. R., 1826.)
The report of the surveyors has not been preserved, but the journal of Hazen has been found, and is published in the New England Historical and Genealogical Register, July, 1879.
Subsequent investigation has proved that this line was not run on a due west course, the allowance for the westerly variation of the needle being quite too large, throwing the line north of west.
This mistake seems to have been known previous to the Revolution. In 1774 calculations were made by George Sproule, founded upon actual surveys and accurate astronomical observations, from which he determined that Hazen's line was so far north of west as to lose to the State of New Hampshire quite a large tract of land. (Vide New Hampshire Journal H. R., 1826.)
In 1825 commissioners were appointed by the States of New Hampshire and Massachusetts to ascertain, run, and mark the line between the two States, under the proceedings of which New Hampshire asserted her claim to a due west line, conformable to the decree of 1740, it being apparent by a survey made by the commissioners that the original line was north of west. This the Massachusetts commissioners refused to do, alleging that they were only empowered to ascertain and mark the original line.
On March 10, 1827, the legislature passed a resolution providing for the erection of durable monuments to preserve the boundary line between the States of Massachusetts and New Hampshire, as the same had been run and ascertained by the commissioners, and monuments were erected accordingly. (Vide Resolves of Massachusetts, 1827.)
In 1885 the joint commission appointed by the States of New Hampshire and Massachusetts reran and marked the curved portion of the boundary, following the course of Merrimac River, changing it only to a trifling extent. This commission was, however, unable to agree upon the boundary west of Pawtucket Falls. This matter dragged along until finally in 1894 this commission, together with a commission representing Vermont, agreed to maintain the Hazen line, and this line was retraced and re-marked from Pawtucket Falls to the northwest corner of Massachusetts.
Under the decree of the King of 1740 the province of New Hampshire claimed jurisdiction as far west as the territory of Massachusetts and Connecticut extended, thus including the present State of Vermont. New York claimed all the country west of the Connecticut, under the charters of 1664 and 1674 to the Duke of York. A bitter controversy ensued. The following papers serve to throw some light on the matter:
Letter from the Governor of New Hampshire to the Governor of New York.
PORTSMOUTH, November 17, 1749. * * * I think it my duty * * * to transmit to your excellency the description of New Hampshire as the King has determined it in the words of my commission. * * * In consequence of His Majesty's determination of the boundaries between New Hampshire and Massachusetts, a surveyor and proper chainmen were appointed to run the western line from 3 miles north of Pautucket Falls, and the surveyor upon oath has declared that it strikes Hudson's River about 80 poles north of where Mohawk's River comes into Hudson's River.
The following is a description of the bounds of New Hampshire given to Governor Benning Wentworth, of province of New Hampshire, by George II, July 3, 1741:
George the Second, by the Grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, &c.
To our trusty and well-beloved Benning Wentworth, esqr., greeting:
Know you that we, reposing especial trust and confidence in the prudence, courage, and loyalty of you, the said Benning Wentworth, out of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint you, the said Benning Wentworth, to be our governor and commander in chief of our province of New Hampshire, within our dominions of New England in America, bounded on the south side by a similar curve line pursuing the course of Merrimac River at three miles distance, on the north side thereof, beginning at the Atlantick Ocean and ending at a point due north of a place called Pautucket Falls, and by a straight line drawn from thence due west cross the said river 'till it meets with our other Governments. * * * Given at Whitehall July the 3rd, in the 15th year of His Majesty's reign. (See Documentary History of N. York, vol. 4, page 331.)
The question of the right of territory was submitted to the King, who in 1764 made the following decree:
ORDER IN COUNCIL FIXING THE BOUNDARY
BETWEEN NEW YORK AND NEW HAMP
AT THE COURT AT ST. JAMES,
Present: The King's Most Excellent Majesty; Lord Steward, Earl of Sandwich, Earl of Halifax, Earl of Powis, Earl of Hilsborough, Mr. Vice-Chamberlain Gilbert Eliot, esqr., James Oswald, esqr., Earl of Harcourt.
Whereas there was this day read at the Board a report made by the right honorable the lords of the committee of council for plantation affairs, dated the 17th of this instant, upon considering a representation from the lords commissioners for trade and plantations, relative to the disputes that have some years subsisted between the provinces of New Hampshire and New York, concerning the boundary line between those provinces, His Majesty, taking the same into consideration, was pleased with the advice of his Privy Council to approve of what is therein proposed, and doth accordingly hereby order and declare the western banks of the river Connecticut, from where it enters the province of the Massachusetts Bay, as far north as the forty-fifth degree of northern latitude, to be the boundary line between the said two provinces of New Hampshire and New York. Whereof the respective governors and commanders in chief of His Majesty's said provinces of New Hampshire and New York for the time being, and all others whom it may concern, are to take notice of His Majesty's pleasure hereby signified and govern themselves accordingly.
(Vide Documentary History of New York, vol. 4, p. 355.) Notwithstanding this decree of the King, controversy, attended with violence, was kept up for many years; but the line was finally accepted and now forms the boundary line between the States of New Hampshire and Vermont.
The northern boundary of New Hampshire was settled by the United States and Great Britain. (Vide p. 17 et seq.)
It is as follows, viz:
Commencing at the "Crown Monument," so called, at the intersection of the State of New Hampshire, Maine, and the Province of Quebec, in latitude 45° 18′ 23.33, longitude 71° 5' 40.5, thence in an irregular line to Hall's Stream, thence down the same to the northeastern corner of Vermont, in latitude 45° 0' 17.58, longitude 71° 30' 34.5. (Vide Hitch. Geology of New Hampshire.)
The grants from King Henry, of France, of 1603, and King James, of England, of 1606, both included that territory which forms the present State of Vermont. It was also included in the charter of New England of 1620.
In the grants to the Duke of York, in 1664 and 1674, all the territory between the Connecticut and Delaware rivers was included. New York, therefore, claimed jurisdiction of the territory now known as Vermont. Massachusetts, however, at an early period, having made