"That the dividing line shall pass up through the mouth of Pascataqua Harbor, and up the middle of the river of Newichwannock, part of which is now called the Salmons falls, and through the middle of the same to the farthest head thereof, &c.," and "that the dividing line shall part the Isle of Sholes, and run through the middle of the Harbor, between the Islands to the sea on the southerly side," &c. We have not deemed it necessary to commence our survey until we arrived north, at the head of Salmon falls river; which was determined by Bryant, at his survey in 1740, to be at the outlet of Eastpond, between the towns of Wakefield and Shapleigh. From that point we have surveyed and marked the line as follows, viz: We commenced at the Bryant rock, known as such by tradition, which is a rock in the middle of Salmon falls river, at the outlet of Eastpond, about six feet in length, three feet in breadth, three feet in depth, and two feet under the surface of the water, as the dam was at the time of the survey, to wit, October 1, 1827; said stone bears south seventy-one degrees west, three rods and eight links from a large rock on the eastern bank, marked "1827," and bears also from a rock near the mill dam (marked "H") north nineteen degrees and thirty minutes west, and distant twelve rods and twenty-one links. At this point the variation of the needle was ascertained to be nine degrees west. From the above stone the line is north seven degrees and forty-one minutes east, one hundred and seventy eight rods to Eastpond, and crossing the pond three hundred and eleven rods in width, to a stone Monument which we erected up on the bank, about three and an half feet high above the surface of the ground, marked N on the west side and M on the east side, which description applies to all the stone monuments hereinafter mentioned, unless they are otherwise particularly described: thence the same course, two hundred and twenty five rods, to Fox ridge and to a stone monument, which is placed upon the north side of the road that leads from Wakefield to Shapleigh; thence two hundred rods to Balch's pond-across the pond, one hundred and three and half rods-across a peninsula thirty six rods— across a cove, fifty one rods and seventeen links, across a second peninsula, forty-eight rods; across a second cove, twenty seven rods ten links; thence three hundred and seventy rods to the road leading from Newfield to Wakefield and a stone monument, erected on the north side of the same, near Campernell's house; thence north six degrees and ten minutes east, five hundred and ninety rods, to the line of Parsonfield, to a stone monument with additional mark '1828." At this point the variation of the needle was found to be nine degrees fifteen minutes west. Thence same course five hundred and eleven rods, crossing the end of Province pond to a stone monument on the Parsonfield road, near the house of James Andrews, also with additional mark " 1828;" thence north eight degrees and thirty-eight minutes east, two hundred and eight rods, to the old corner-stone of Effingham, about two feet above the ground, and not marked; thence north eight degrees, fifty-five minutes east, two hundred and seventy seven rods, to a large round stone about three feet diameter and two feet high, marked N and M, by the road upon Towle's Hill; thence north seven degrees fifty five minutes east, six hundred and thirty one rods to a stone monument, on the road leading from Parsonfield to Effingham. At this point the variation of the needle was found to be nine degrees thirty minutes west; thence north five degrees two minutes east, seven hundred thirty-four rods to a pine stump, upon a small island in Ossipee river at the foot of the falls; thence north ten degrees east, thirty rods, to a stone monument on the north side of the new road from Porter to Effingham; thence the same course, five hundred fifty eight rods, to the top of Bald Mountain; thence same course, three hundred sixteen rods, to the top of Bickford Mountain; thence same

course one hundred and ninety three rods, to a stone monument on the north side of the road leading from Porter to Eaton. At this point the variation of the needle was found to be nine degrees forty five minutes west; thence north eight degrees five minutes east, seven hundred and forty-four rods, to Cragged Mountain: thence same course, sixty seven rods, to the corner of Eaton; thence same course, seven hundred eighty seven and an half rods, to the corner of Conway; thence same course, six hundred ten and an half rods to a stone monument on the south side of the road leading from Brownfield to Conway centre; thence north eight degrees east, eight hundred seventy one rods, to a stone monument on the south side of the road leading from Fryeburg village to Conway at this point the variation of the needle was found to be ten degrees west; thence same course, four rods, to a stone monument on the north side of the same road; thence north eight degrees fifteen minutes east, one hundred two rods, to Saco river; thence same course eighteen rods, across said river; thence same course six hundred forty-four rods to a stone monument on the road leading to Fryeburg village, on the north side of the river. This monument is marked as before described and is about eight feet high above the ground; thence same course one hundred forty-two rods to Ballard's Mill Pond; thence same course sixty one rods six links across said pond; thence same course three hundred forty four rods to a stone monument on the east side of Chatham road; thence same course six hundred ninety rods to Kimball's Pond; thence same course one hundred sixty-six rods across said pond; thence same course sixty rods to a stone monument on the meadow.

From Kimball's Pond the line was extended northward for about 77 miles on a general course which has since been found to bear about 2 west of true north. The last mark on the line was a large yellow-birch tree on the divide between St. Lawrence River and the rivers running south. The total distance, as measured, from this tree to Salmon River Falls was 112 miles 233 rods.

The Legislature of Maine approved the commissioners' report February 28, 1829, and requested the governor to issue his proclamation accordingly. The same action was taken by the Legislature of New Hampshire July 1, 1829.

Between 1828 and 1858 considerable parts of the almost unbroken forests through which the line of 1827-28 was marked were cleared. Forest fires swept many large tracts of this territory, and as a consequence the marks of the 1827-28 survey for a distance of nearly SO miles-most of which were blazed trees, only seven stone posts having been set in this distance-were obliterated, so that there remained scarcely a vestige of the original line. The adjoining lands having become valuable and litigation being imminent, the legislatures of the two States in 1858 provided for another survey from Fryeburg to the Canada line, which was made in the same year. The line as then surveyed is as follows:

The point commenced at is an iron post situated on the line run in accordance with the "Treaty of Washington, of August 9, 1842," as the boundary between the United States and the province of Canada, at the corners of the States of Maine and New Hampshire. On the south face of said post

we

are the words " Albert Smith, U. S. Comssr."; on the north face, "Lt. Col. I. B. B. Eastcourt, H. B. M. Comssr."; on the west face, "Boundary, Aug. 9, 1842"; on the east face, "Treaty of Washington." To the marks added, on the southern half of the west face, "H. O. Kent." A large flat stone was placed on the southern face of the monument, and marked "1858N. H., Me.," on either side of a line cut in said stone bearing the direction of the State's line, viz, south, eight degrees west. From this point the line is south eight degrees west, seventeen rods seven links to a large yellow birch stub, the northern terminus of the former survey.

The iron post above referred to is called the Crown Monument and is mark No. 475 of the International Boundary Survey of 1915. Its geographic position is latitude 45° 18′ 19.99", longitude 71° 05' 04.40". The line was run south to an old monument 60 rods north of Kimball's Pond."

In 1874 the boundary line between Maine and New Hampshire was again surveyed.

NEW HAMPSHIRE.

The first charter of Virginia, granted in 1606 (see p. 121), included the territory of the present State of New Hampshire, as did the charter of New England, granted in 1620 (see p. 59), and the grant to Capt. John Mason and Sir Ferdinando Gorges of 1622 (see pp. 59-60).

The president and council of New England made a grant to Capt. John Mason in 1629, in which the boundaries were given as follows: "

7

All y' part of yo Maine land in New England lying upon y sea Coaste beginning from y Middle part of Merrimack River & from thence to proceed Northwards along y Sea coaste to passcattaway river & soe forwards up wth in ye sa river & toy furthest head thereof & from thence Northwestwards untill Threescore miles be finished from y ffirst entrance of passcattaway river & also from Merrimacke through ye sa River & to ye furthest head thereof & soe forward up into ye land Westwards untill Threescore miles be finished and from thence to cross over land to ye Threescore miles end accounted from passacattaway river together with all Islands & Isletts wth in five leagues distance of y premises & abutting upon ye same or any parte or parcell thereof * Wh land * * * Cap John Mason wth y consent of y president & councill intends to name New Hampshire.

In 1635 the grant of 1629 was confirmed by a supplementary grant. of which the following is an extract: 8

All y part of y° maine land of New England afores being from y middle part of Naumkeck river & from thence to proceed, East wards along y sea Coast to Cape Anne & round about ye same to passcattaway harbour & soe forwards up wth in ye river of Newickewanock & to ye farthest head of y' said river & from thence Northwards till six miles be finished from y° first entrance

The notes of this survey may be found in the New Hampshire Legislative Jour. for 1859. pp. 764–767.

See Hitchcock, C. H., Geology of New Hampshire, vol. 1, p. 173, 1874.

7 Thorpe, F. N., op. cit., vol. 4, p. 2434.

Idem, p. 2441. See article by George B. Upham in the Granite Monthly, New Hampshire State Magazine for January, 1920, on the survey in 1751 of the boundary of the Mason grant.

of passcattaway harbour & alsoe from Naumkeck through ye river thereof up into y land west Sixty miles from weh period to crose over land to y° sixty miles end accounted from passcattaway through Newickewanock river to y land north west afores & also all yt ye south half of ye Isles of Sholds all wh lands wt y consent of yo Councill shall from henceforth be called New Hampshire & alsoe tenn thousand acres more of land in New England afores on y south east part of Sagahahock at y mouth & entrance thereof from henceforth to be called by y name of Masonia.

After the death of Capt. John Mason, in December, 1635, the affairs of the colony coming into bad condition, the colonists 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 continued only during the pleasure of the King. The commission or decree issued by the King in 1680 to John Cutt, of Portsmouth, names the following limits for the colony:

Province of New Hampshire, lying & extending from three miles northward of Merrimack River, or any part thereof to yo Province of Maine.

In the year 1690 the Province of New Hampshire was again taken under the jurisdiction of Massachusetts Bay, but in 1692 it was once more separated.

A controversy that arose between the Provinces of New Hampshire and Massachusetts Bay involved not only the boundary between New Hampshire and Maine (see p. 61) but also that between New Hampshire and Massachusetts, and 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:

9

That the northern boundary of the province of Massachusetts be a similar curve line, pursuing the course of the Merrimack 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.

New Hampshire claimed her southern boundary to be a line due west from a point on the sea 3 miles north of the mouth of Merrimack River. Massachusetts claimed all the territory within 3 miles north of any part of Merrimack River. The King's decision gave to New Hampshire a strip of territory more than 50 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

'Slade, William, jr., Vermont State papers, p. 9, J. W. Copeland, printer, 1823.

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 conformably to the said decree, and if either assembly refused, the other was to proceed ex parte. Massachusetts Bay declined to comply with this requisition. New Hampshire therefore proceeded alone to run and mark the line.

George Mitchell and Richard Hazzen were appointed by Belcher to survey and mark the line. Pursuant to this authority, in February, 1741, Mitchell ran and marked the line from the seacoast about 3 miles north of the mouth of Merrimack River to a point about 3 miles north of the Pawtucket Falls, and Hazzen, in March following, ran and marked a line from the point 3 miles north of Pawtucket Falls across Connecticut River to the supposed boundary line of New York, on what he then assumed 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 10°.10

The report of the surveyors has not been preserved, but the journal of Hazzen has been found and published."

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 too large, throwing the line north of west. This mistake seems to have been known prior to the Revolution. In 1774 calculations were made by George Sproule, founded upon actual surveys and accurate astronomical observations, from which he determined that Hazzen's line was so far north of west as to lose to the State of New Hampshire a tract of land, computed at 59,872 acres.12

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. The Massachusetts commissioners refused to run such a line, alleging that they were empowered only to ascertain and mark the original line.

On March 10, 1827, the Legislature of Massachusetts 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, 13 and monuments were erected accordingly.

10 New Hampshire H. R. Jour., 1826, p. 303.

"New England Hist. and Geneal. Register, July, 1879, p. 323.

12 New Hampshire H. R. Jour., 1826, p. 304; see also Williams, Samuel, Natural and civil history of Vermont, p. 379, Walpole, N. H., 1794, for list of magnetic declinations in Eastern States of America, 1646-1788.

13 See Massachusetts Legislature Resolves, 1827.