According to the foregoing definitions, it will be seen that, in a strict sense, the plain cardinal terms, "North, South, East and West," are sufficient to express the fixed cardinal points, in contradistinction to the varying ones, even without the qualifying adjective," due;" hence, some authors on Surveying have, in their published works,dispensed with the use of the adjective, as superfluous. But as these terms, in common language, are sometimes used in a less strict sense, as we say, "the freelabor-system in the North;" the slave-system in the South;" "His star in the East;" "It is clear in the West ;"-Or, when treating of courses and lines run by the magnetic needle, without regard to its declination, and comparing these courses one with another to find the included angle,-as we say, "the line AB, bears North 60° West, and A C, North 30° East, making BA C, a right angle," &c. the adjective, "due" is used by most authors, as well as surveyors, when they wish to express the "exact" sense.

But, in no instance, to my knowledge, has an author applied the phrase, "due north" to indicate the magnetic north, with- out adding the qualifying phrase, "by the needle;" as, in "Gillespie's Surveying," page 207, where the author treats of แ magnetic courses," and "secular changes," exclusively; or, as in "Davies' Surveying," page 94, (7th edition,) where under the head of " magnetic meridian," the author is comparing "com-pass lines," one with another, to show the manner of reading, or naming them by compass, without regard to either its diurnal, or magnetic variations. (See "CORRESPONDENCE," letters No. 1 and 2, from these authors, wherein their views are explicitly defined.

PART I I.

Extracts from Books on Surveying.

The following extracts from approved works on land surveying will show the sense in which the terms "due north and south," &c. are used and understood by their authors:

(1.) In a "Treatise of Practical Surveying," by Robert Gibson, second New York edition, 1803,-being an English work republished in this country, we find on page 263, an application of the term, "DUE NORTH AND SOUTH," in the author's directions:

"How to lay out a true meridian line by the circumferentor."

"If the variation be westerly, turn the box about till the north of the needle points as many degrees from the flower-de-luce towards the east of the box, or till the south of the needle points the like number of degrees from the south

towards the west, as are the number of degrees contained in the variation, and the index will be then DUE NORTH AND SOUTH; therefore if a line be struck out in the direction thereof, it will be A TRUE MERIDIAN LINE.

* *

* ""

"If the variation was easterly, let the north of the needle point as many degrees from the flower-de-luce towards the west of the box, &c. * This will be found to be very useful in setting an horizontal dial, for if you lay the edge of the index by the base of the stile of the dial, and keep the angular point of the stile towards the south of the box, and allow the variation as before, the dial will then be "due north and south," and in its proper situation; provided the plane upon which it is fixed be duly horizontal, and the sun be south at noon; but in places where it is north at noon, the angular point of the index must be turned to the north."

[In a later edition of Gibson, as "newly arranged, improved and enlarged by James Ryan," Philadelphia edition, the foregoing extract may be found on page 247.]

(2.) In Flint's "Treatise on Surveying," stereotype edition, enlarged, &c. by George Gillet, Surveyor General of Connecticut," we again find the application of the term, "due north," on page 81, as follows:

"The star, commonly called the north star, is not directly north, but revolves round the pole in a small circle, once in 24 hours; more exactly, 23 hours, 56 minutes and 4 seconds. It can therefore be DUE NORTH only twice in that period; and that is within a very few minutes of the time, when a star, called Alioth, in the constellation of Ursa Major, or the great Bear, is directly over or under it. There is also another star nearly in an opposite direction from the pole, called Gamma, in the constellation of Cassiopeia. When these three stars are vertical, the north star is very near the meridian; and when they are horizontal, it is at its greatest elongation, that is, at its greatest distance east or west of the pole, and on the same side as the star in Cassiopeia."

(3.) In Gummere's "Treatise on Surveying," (14th edi tion,) Chapter V is wholly devoted to the subject of "Variation of the Compass," and of "drawing a true meridian," wherein the author says, page 202,

"As the variation is different in different places, so also, in the same place, it does not remain the same, but differs sensibly in the course of a few years. Hence, in running a line that was run a few years previously, the bearing will be found different from what it was at that time; this, together with some difference in compasses, causes many difficulties, and frequently inaccuracies, in tracing old lines.

The easiest way to guard against those difficulties and inaccuracies would be to make, and return the surveys according to the true, and not the magnetic bearings."

(4.) In Davies' " Elements of Surveying," (7th edition,) we find under the head of Variation of the needle," ART. 156, page 127, the following:

"The best practical method of determining the true meridian of a place, is by observing the north star. If this star were precisely at the point in which the axis of the earth, produced, pierces the heavens, then, the intersection of the vertical plane passing through it and the place, with the surface of the earth, would be a true meridian. But, the star being at a distance from the pole, equal to 1° 34' nearly, it performs a revolution about the pole in a circle, the polar distance of which is 1° 34'; the time of revolution is 23 h. and 56 m. "To the eye of an observer, this star is continually in motion, and is DUE NORTH but twice in 23 h. 56m.; and is then said to be on THE MERIDIAN. Now, when it departs from the meridian, it apparently moves east or west, for 5 h.

and 59 min., and then returns to the meridian again. When at its greatest distance from the meridian, east or west, it is said to be at its greatest eastern or western elongation."

(5.) In Gillespie's "Treatise on Land Surveying," which is a later work than any of those above referred to, the author lays down several methods for determining the "true meridian," and the "variation of the magnetic needle"-[See pages 190 to 202, of that work]-but instead of "due north," he uses the synonymous term, " true north," which expression is, perhaps, preferable.

PART III.

Extracts from History, Treaties and Grants, showing how the terms, "due north," "due south, &c." were understood and applied in the past.

(1.) How the term, "north 20 westerly," was construed in the settlement and establishment of the boundary line between Maine and New Hampshire. We find by "Williamson's History of Maine," [Vol. I. page 10, under the head of "Boundaries,"] that after the purchase of the Province of Maine by Massachusetts in 1677,

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"Massachusetts and New Hampshire had a long controversy about this line; to settle which, a commission was issued, April 9, 1737, under the Royal Seal, to twenty colony councilors, selected from New York, New Jersey, Rhode Island and Nova Scotia; of whom any five were to constitute a quorum for settling, adjusting and determining the respective boundaries of Massachusetts and New Hampshire in dispute.' Seven of them, after holding a session in Hampton, N. H., and hearing the parties, made their determination, September 2, 1737,'that the dividing line shall pass up through the mouth of Piscataqua harbor and up the middle of the river into the river Newichawannock, part of which is now called Salmon Falls, and through the middle of the farthest head thereof, and from thence north 20 westerly, until 120 miles be finished from the mouth of Piscataqua harbor aforesaid, or until it meets with his Majesty's other governments; that the same dividing line shall part the Isles of Shoals and run through the middle of the harbor between the Islands, to the sea on the southerly side and that the southwesterly part of said Islands shall lie in and be accounted part of the Province of New Hampshire and the northeasterly part belong to Maine.' But the parties, not being satisfied, had a hearing before the king in council; and on the 5th of March, 1740, he settled and established the line, north 20 west, true course, or north 8° east by the needle.'"

This decision of the king establishes two important points: first, that "north" was not understood in 1740, to mean the "magnetic north;" and secondly, that the declination of the needle was then, in the vicinity of that line, 10 degrees West;— and to know whether the Westerly declination was then on the increase or decrease, you will see by a scientific Article published in the " American Almanac" for 1857, (and continued in 1858,) under the head of "Terrestrial Magnetism," written

by Professor Joseph Lovering of Harvard University, that "Mr. C. A. Schott has recently discussed the observations made in the United States, and obtained the result that the maximum declination in the Northen States was about 1679; that the minimum occurred about 1804; and that the period of half an oscillation is not far from one hundred and twenty five years.' The westerly declination was therefore decreasing in 1740, and continued to decrease 64 years afterwards, till 1804; since which time, the needle has been varying more and more westerly.

According to a Plan of the survey of Townships A. and B. in Oxford County, and bordering on New Hampshire line, made and returned by John Peabody, Surveyor, Sept. 25th, 1792, to the Land Office of Massachusetts, the course of said State line was then laid down "N. 7° E." making the declination of the needle 1 degree less than when the line was established in 1740.

In accordance with these calculations, we find that, in the Charters of towns in N. H. bordering on the State line from Conway northwards, the courses of the lines extending westerly from said State line, were described so as to conform to the true west, making allowance for the variation of the needle;for instance, if the declination of the needle was known or supposed to be 8 degrees west, the east and west lines would be described as running "N. 820 W. by the needle." such was about the course of the town lines of Conway, Chatham, Shelburne, &c. in the first range; and of Bartlett, Jackson, Gorham, Berlin, Milan, &c. in the second range from the State line; varying, of course, to correspond with the secular changes of the needle.

And

And it seems that the Legislature of New Hampshire by its acts, more latterly, recognized the same principle;—for, in 1826, in a legislative Grant of land in the town of Bartlett, to the widow Dorcas Merrill, the courses were described as running, "S. 820 E.;-N. 8° E.;-N. 82° W.;-and S. 8° W." which courses by the needle, were supposed to have corresponded very nearly, or quite, with the true cardinal points.

(2.)

Description and Survey of Sargent's Purchase.

This tract was conveyed by James Willey, Land Commissioner of New Hampshire, for, and in behalf of said State, to Jacob Sargent et al. by deed dated and acknowledged May 31, 1832, received in the office of Secretary of State June 5, 1832-conveying "a certain tract of public land in said State and County of Coos, and described as follows, viz: Begin

ning on the northeast corner of a lot of land given to widow Dorcas Eastman [Merrill] of said Bartlett by the legislature of New Hampshire-thence running due west three and one quarter miles; thence due north so far as that a due east course extending to the west line of the town of Jackson or Pinkham's Grant, shall contain twenty five thousand acres ; thence southerly on said westerly line of Jackson to the southwesterly corner thereof; thence south so far as that a due west course shall strike the first mentioned bounds-excepting one hundred and fifty acres which I have sold Otis Eastman, belonging in said described premises, as his deed will more fully show; and if any of the above described premises have heretofore been granted by authority of said State they are to be reserved out of the same, and as many acres annexed on the northerly end of the above described tract adjoining Pinkham's Grant."

As the description and survey of the tract above named led to the present controversy in regard to the interpretation of the terms" due north," "due west, &c." as named in the deed, it may be well to show by the consecutive acts of said Willey in the premises, how he must have understood the meaning of these terms in making the conveyance.

According to the testimony in the case, the said James Willey in the same year, 1832, proceeded to lay out the above named tract by metes and bounds. But on account of the sickness and death of a son at the time, he was recalled home before the survey was finished, and never afterwards returned to complete it. So far however, as he did extend the South line of that tract westward from the starting-point, being a dis

tance of about two miles from the N. E. corner of the "Dorcas Merrill lot," as the same had been previously located and occupied, the general course of his line was found to be due, or true west, making allowance for the declination of the needle, and not a course which is denominated the “magnetic west," or at right angles with the magnetic meridian.

The "Willey line," so called, was re-spotted and marked in 1853, but owing to a discrepancy as to the starting-point,— the Dorcas Merrill lot not having been located in conformity with her grant from the State,-the said " Willey line" was not adopted by me as the south line of Sargent's Purchase until I made a subsequent survey of the tract in 1863, although the courses adopted in my previous survey of said Purchase, were in conformity with the line actually run by Willey. Now if the proverb be true, that "actions speak louder than words," then there can be no doubt as to what Willey intended by the courses named in his deed, as his survey, as well as mine, was made in accordance therewith.