Harlan F. Stone

“ New York, relying on the Duke of York's grant, contended that its jurisdiction extended to the Connecticut River and not, as New Hampshire argued, to the line about twenty miles east of the Hudson, continuing that which marked the boundary of Massachusetts and Connecticut. In the entire history of the controversy there appears to have been no suggestion that the jurisdiction of New York would not extend to the Connecticut River if it were found to extend east of the western boundary of Connecticut and Massachusetts. ”

“ We adopt his definition of low-water mark, which is not challenged here, as the line drawn at the point to which the river recedes at its lowest stage without reference to extreme droughts. The costs will be divided between the parties in accordance with the general rule in cases of this kind. ”

“ At most the decision may be thought to establish a rule of interpretation which must govern in the absence of affirmative evidence that the language used was intended to have a different meaning, for the court was careful to say that the conclusion reached 'has full confirmation in available historical data respecting the negotiations which attended the framing and signing of the treaty.' Page 632, of 260 U.S., 43 S.Ct. 221, 225. Here it is apparent on the face of the documents that the language of the order was not used with the intention of fixing a line upon the bank above low-water mark ”