Article Three, Section Two, Clause One of the Constitution of the United States gives the Supreme Court of the United States original jurisdiction over matters including "controversies between two or more States". Historically, this jurisdiction has most often been called upon to settle boundary disputes, in which the states cannot agree on the correct location of the state line between them. While most of these cases are original jurisdiction, a handful have also been decided on appeal from decisions of lower courts, usually arising from disputes between private parties.
Cases
Handly's Lessee v. Anthony (1820); Indiana and Kentucky
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Handly's Lessee v. Anthony, 18 U.S. (5 Wheat.) 374 (1820), was a ruling by the Supreme Court of the United States which held that the proper boundary between the states of Indiana and Kentucky was the low-water mark on the western and northwestern bank of the Ohio River. Motion by the plaintiff, Handly's lessee, to eject inhabitants of a peninsula in the Ohio River (which was at times temporarily cut off from Indiana by high water) was denied.
Poole v. Fleeger (1837); Kentucky and Tennessee
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Poole v. Fleeger, 36 U.S. (11 Pet.) 185 (1837), was a 7-to-0 ruling by the Supreme Court of the United States which held that the states of Kentucky and Tennessee had properly entered into an agreement establishing a mutual border between the two states. The plaintiffs in the case were granted title to property improperly conveyed by the state of Tennessee north of this border. In the ruling, the Supreme Court asserted the fundamental right of states and nations to establish their borders regardless of private contract, and made a fundamental statement about the rights of parties to object to a trial court ruling under the rules of civil procedure.
Rhode Island v. Massachusetts (1838)
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Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 657 (1838), was a United States Supreme Court case in which the Court asserted its original jurisdiction over a suit in equity by one state against another over their shared border. The case involved a boundary dispute between Massachusetts and Rhode Island dating back to colonial times. Daniel Webster was involved in the case representing Massachusetts.
Missouri v. Iowa (1849)
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Missouri v. Iowa, 48 U.S. (7 How.) 660 (1849), is a 9-to-0 ruling which held that the Sullivan Line of 1816 was the accepted boundary between the states of Iowa and Missouri. The ruling resolved a long-standing border dispute between the two states, which had nearly erupted in military clashes during the so-called "Honey War" of 1839.
Florida v. Georgia (1855)
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Florida v. Georgia, 58 U.S. (17 How.) 478 (1855), addressed a boundary dispute was between Florida and Georgia. Florida claimed that the state line was a straight line (called McNeil's line, for the man who surveyed it for the U.S. government in 1825) from the confluence of Georgia's Chattahoochee and Flint rivers (forming the Apalachicola River, at a point now under Lake Seminole), then very slightly south of due east to the source of the St. Mary's River, which was the point specified in Pinckney's Treaty in 1795. That eastern point of the straight line was near Ellicott mound, which was erected in 1799 at "about 30° 34' N." Georgia claimed that the headwaters of the St. Mary's River were at the source of the southern branch, some 30 miles or nearly 50 kilometers south, at Lake Spalding or Lake Randolph. If upheld, Georgia would have obtained additional territory estimated at 800 to 2,355 square miles. The position of the U.S. commissioners was that the actual source of the St. Mary's was two miles north of the Ellicott mound.
The court ruled in favor of Florida, setting the state boundary line along "McNeil's line." This outcome was followed in 1859 by the surveying of the . On April 9, 1872, Congress approved the Orr and Whitner Line as part of the border between Georgia and Florida.
Alabama v. Georgia (1860)
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Alabama v. Georgia, 64 U.S. (23 How.) 505 (1860), unanimously held that the true border between the states of Alabama and Georgia was the average water mark on the western bank of the Chattahoochee River. In coming to its conclusion, the Court defined what constituted the bed and bank of a river. The case has had international repercussions as well. The Supreme Court's definition was adopted by courts in the United Kingdom in the case (1896) 65 LJ Ch. 515, 2 Ch. 27.
In the Compact of 1802, Georgia ceded western lands beyond the Chattahoochee River to the United States. The Compact specified that Georgia's western boundary would be:
West of a line beginning on the western bank of the Chattahoochee River where the same crosses the boundary between the United States and Spain, running up the said river and along the western bank thereof.
Alabama came into a dispute with Georgia over the specific meaning of the Compact of 1802, arguing that the high water mark of the Chattahoochee River sometimes marched as much as a half-mile inland to the west. Georgia claimed that the Compact of 1802 did not cover the northernmost part of the border (assertedly obtained directly from the state of South Carolina in 1787 without first transferring title to the United States). The court noted the mutual nature of the Compact of 1802, and pointed out that Georgia admitted in the agreement that its western boundary extended north to the border with the state of Tennessee. This, then, made any argument over the South Carolina cession of 1787 moot. However, the court found that "The contract of cession must be interpreted by the words of it, according to their received meaning and use in the language in which it is written, as that can be collected from judicial opinions concerning the rights of private persons upon rivers, and the writings of publicists in reference to the settlement of controversies between nations and States as to their ownership and jurisdiction on the soil of rivers within their banks and beds." Citing scholarly sources from Europe, American case law (such as Handly's Lessee v. Anthony, 18 U. S. 374 (1820)), and other cessions between states and the United States, the court concluded that the Compact of 1802 did not mean either low-water mark claimed by Alabama, or the high-water mark, as claimed by Georgia. Rather, the Compact of 1802 specified the western bank, and the bank was different from the high-water mark, concluding that only the average water level defined the bank, and that the boundary of Georgia should be so marked. The Court also reaffirmed that the Compact of 1802 gave both states free navigation of the river.
Virginia v. West Virginia (1871)
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Virginia v. West Virginia, 78 U.S. (11 Wall.) 39 (1871), was a 6-3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot undo the results based on fraud. The Court implicitly affirmed that the breakaway Virginia counties had received the necessary consent of both the Commonwealth of Virginia and the United States Congress to become a separate U.S. state. The Court also explicitly held that Berkeley County and Jefferson County were part of the new State of West Virginia.
Virginia v. Tennessee (1893)
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Virginia v. Tennessee, 148 U.S. 503 (1893), was a suit brought before the Supreme Court of the United States that sought to settle two questions:
- What is the correct boundary between the two states and, if the boundary was inaccurately set, can the state ask the court to change it?
- Does an agreement setting the boundary between two states require approval of Congress under the Compact Clause of the United States Constitution?
Maryland v. West Virginia (1910)
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Maryland v. West Virginia, 217 U.S. 1 (1910), held in a 9-to-0 ruling that the boundary between the American states of Maryland and West Virginia is the south bank of the North Branch Potomac River. The decision also affirmed criteria for adjudicating boundary disputes between states, which said that decisions should be based on the specific facts of the case, applying the principles of law and equity in such a way that least disturbs private rights and title to land.
New Mexico v. Texas (1927)
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New Mexico v. Texas, 275 U.S. 279 (1927), was a United States Supreme Court case that determined the boundary between Texas and New Mexico in the vicinity of El Paso, Texas.
This suit was initially brought by the State of New Mexico against the State of Texas in 1913 to settle a controversy concerning the location of their common boundary in the valley of the Rio Grande about 15 miles (24 km) from the parallel of 32 degrees north latitude to the parallel of 31 degrees 47 minutes on the international boundary between the United States and Mexico. Each State asserted that the true boundary line is the middle of the channel of the Rio Grande in 1850. Neither alleged that there had been any change in this line by accretions, and the only issue was as to the true location of the channel in that year. New Mexico believed it was closer to the then-present course of the river. Texas had been issuing deeds for the area known as the Country Club Area, as this was the land in dispute, the case became known by the moniker the Country Club Dispute.
A special master appointed by the Supreme Court in 1924 made extensive findings, concluding "that the allegations in New Mexico's bill as to the location and course of the Rio Grande 'as it existed in the year 1850' were not sustained, and that the river did not then flow on the eastern side of the valley as claimed by New Mexico; that its location and course in 1850 was, in general, as alleged in the cross- bill of Texas." The unanimous Supreme Court then held that "the testimony of ancient witnesses called by New Mexico as to their recollection of the old river, is far from satisfactory, and does not, in view of the other evidence, sustain the burden resting on New Mexico".
Vermont v. New Hampshire (1933)
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Vermont v. New Hampshire, 289 U.S. 593 (1933), was a United States Supreme Court case holding that the boundary between Vermont and New Hampshire is neither the thread of the channel of the Connecticut River nor the top of the west bank of the river, but rather the west bank of the river at the mean low-water mark.
Wisconsin v. Michigan (1935, 1936)
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Wisconsin v. Michigan, 295 U.S. 455 (1935) and Wisconsin v. Michigan, 297 U.S. 547 (1936), settled a territorial dispute between Wisconsin and Michigan.
The 1836 boundary description between Wisconsin and Michigan described the line through northwest Lake Michigan as "the most usual ship channel". This description needed clarification as two routes were in use into Green Bay. Multiple islands lay in between and all were claimed as part of both Door County, Wisconsin, and Delta County, Michigan. A similar case, Michigan v. Wisconsin 270 U.S. 295 (1926), had previously been brought to the Supreme Court but was dismissed. In 1936, the Supreme Court decision chose the ship channel through the Rock Island Passage as the more common, so Wisconsin retained the intervening water area with its islands: Plum, Detroit, Washington, Hog, and Rock.
Arkansas v. Tennessee (1970)
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Arkansas v. Tennessee, 397 U.S. 88 (1970), determined a boundary line between the states of Arkansas and Tennessee.
On January 15, 1968, the court appointed Gunnar Nordbye, a Senior United States Judge of the District of Minnesota, as Special Master to determine the state line in the disputed area. Nordbye conducted an evidentiary hearing and viewed the area. He then filed his report with the Supreme Court recommending that all of the disputed area be declared part of the State of Tennessee. The parties had agreed that the state line was the thalweg, or steamboat channel, of the Mississippi River as it flows west and southward between the states. Nordbye heard evidence and was presented exhibits and maps which showed that the migration of the Mississippi River northward and west continued until about 1912. At that time, an avulsion occurred leaving Tennessee lands on the west or Arkansas side of the new or avulsive river channel. Nordbye found that, thereafter, because of the avulsion, the water in the thalweg became stagnant, and erosion and accretion no longer occurred. At this time, the boundary between Arkansas and Tennessee became fixed in the middle of the old abandoned channel. The Supreme Court affirmed this finding, quoting from its opinion in an earlier dispute between the same states where it had held:
It is settled beyond the possibility of dispute that, where running streams are the boundaries between States, the same rule applies as between private proprietors, namely, that, when the bed and channel are changed by the natural and gradual processes known as erosion and accretion, the boundary follows the varying course of the stream; while, if the stream from any cause, natural or artificial, suddenly leaves its old bed and forms a new one, by the process known as an avulsion, the resulting change of channel works no change of boundary, which remains in the middle of the old channel, although no water may be flowing in it, and irrespective of subsequent changes in the new channel.
Nordbye was then further authorized to engage surveyors to determine the exact line of the boundary, with the states to split the cost. A decree establishing the surveyed boundary line was entered on June 23, 1970.
Illinois v. Missouri (1970)
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Illinois v. Missouri, 399 U.S. 146 (1970), was a per curiam decision determining a boundary line between the states of Illinois and Missouri. The case specifically assigned ownership of several islands in the Mississippi River. The court referred the case to a special master who filed a report, which was adopted by the court, decreeing that:
(1) The boundary line between the States of Illinois and Missouri for the geographical area involved in this action is hereby determined and decreed to consist of the following legal description: ...
the body of land given identification in the evidence as "Kaskaskia Island" is hereby confirmed as against Missouri and decreed to exist in Illinois.
the body of land given identification in the evidence as "Beaver Island" is hereby confirmed as against Missouri and decreed to exist in Illinois.
right claimed by Missouri to each of the two bodies of land given identification severally in the evidence as "Cottonwoods" and "Roth Island" is hereby sustained as against Illinois and decreed to exist in Missouri.
New Hampshire v. Maine (1977)
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New Hampshire v. Maine, 426 U.S. 363 (1977), held that the boundary between the states of New Hampshire and Maine was fixed by the 1740 decree of King George II of Great Britain. Both sides entered into a consent decree which was accepted by the special master appointed by the Court.
Georgia v. South Carolina (1990)
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Georgia v. South Carolina, 497 U.S. 376 (1990), is one of a long series of cases determining the borders of the state of Georgia. In this case, the court decided the exact border within the Savannah River and whether islands should be a part of Georgia or South Carolina. It also decided the seaward border.
Mississippi v. Louisiana (1992)
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Mississippi v. Louisiana, 506 U.S. 73 (1992), arose as a private dispute in the United States District Court for the Southern District of Mississippi, regarding title to land along the west bank of the Mississippi River near Lake Providence, Louisiana. The state of Louisiana intervened, filing a third-party complaint against Mississippi to determine the boundary between the states in the vicinity of the disputed land, which the district court resolved in favor of the private party from Mississippi. The United States Court of Appeals for the Eleventh Circuit reversed, finding the land to be in Louisiana. On appeal, the Supreme Court held that that under 28 U.S.C. § 1251(a), granting it original and exclusive jurisdiction of all controversies between two states, deprived the district court of jurisdiction over Louisiana's third-party complaint against Mississippi altogether. Since neither the district court nor the court of appeals had jurisdiction to consider the matter, the Supreme Court remanded the matter to the district court to determine the rights of the private parties, noting that the outcome could not effect the legal boundaries of the states themselves.
New Jersey v. New York (1998)
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New Jersey v. New York, 523 U.S. 767 (1998), was a U.S. Supreme Court case that determined that roughly 83% of Ellis Island was part of New Jersey, rather than New York State.
Because the New Jersey original 1664 land grant was unclear, the states of New Jersey and New York disputed ownership and jurisdiction over the Hudson River and its islands. The two states entered into a compact ratified by Congress in 1834, which set a boundary line to be the middle of the Hudson River, but giving all islands in the river (including Ellis Island) to New York. From 1890 to 1934, the federal government expanded Ellis Island through land reclamation to accommodate its immigration station. Starting in the 1980s, New Jersey contended that the new portions of the Ellis Island were part of New Jersey. New Jersey filed suit in 1997.
In a 6–3 decision, the Supreme Court ruled that because the 1834 compact gave New Jersey jurisdiction over submerged land around Ellis Island, the new land was in New Jersey, not New York. The ruling changed little in practice, because Ellis Island is federal land. The ruling changed allocation of sales tax revenue, and future development plans for the island.
See also
- Border disputes between New York and Connecticut
References
- Florida v. Georgia, 58 U.S. 478, 480 (US 1854).
- Van Zandt, Franklin (1966). United States Geological Survey Bulletin 1212: Boundaries of the United States and the Several States. pp. 163–165.
- 17 Stat. 52
- Wisdom, The Law of Rivers and Watercourses, 1962, p. 9.
- Kalinoe, Water Law and Customary Water Rights in Papua New Guinea, 1999, p. 27-28.
- Lalor, "Territories," in Cyclopædia of Political Science, Political Economy, and of the Political History of the United States, 1886, p. 391.
- Sturgis, Presidents From Washington Through Monroe: 1789–1825: Debating the Issues in Pro and Con Primary Documents, 2002, p. 109.
- State of Alabama v. State of Georgia, 64 U.S. 505.
- State of Alabama v. State of Georgia, 64 U.S. 505, 506–507.
- State of Alabama v. State of Georgia, 64 U.S. 505, 509–510.
- State of Alabama v. State of Georgia, 64 U. S. 505, 511.
- State of Alabama v. State of Georgia, 64 U. S. 505, 512–513.
- State of Alabama v. State of Georgia, 64 U. S. 505, 514–515.
- State of Alabama v. State of Georgia, 64 U. S. 505, 515.
- "Virginia v. Tennessee, 148 U.S. 503 (1893)". Justia Supreme Court. Retrieved 15 February 2023.
- Maryland v. West Virginia, 217 U.S. 1 (1910).
- New Mexico v. Texas, 275 U.S. 279, 299 (1927).
This article incorporates public domain material from this U.S government document.
- "U.S. Reports: New Mexico v. Texas, 275 U.S. 279 (1927)" (PDF). Library of Congress. December 5, 1927. Retrieved 13 October 2019.
- "The State of Vermont, Oratrix, v. The State of New Hampshire, Defendant". The American Journal of International Law. 27 (4): 779–794. October 1933. doi:10.2307/2190126. JSTOR 2190126. S2CID 246007624.
- Vermont v. New Hampshire, 289 U.S. 593 (1933).
- Arkansas v. Tennessee, 389 U.S. 1026 (1968).
- Arkansas v. Tennessee, 246 U.S. 158 (1918).
- New Hampshire v. Maine, 426 U.S. 363 (1977).
- Georgia v. South Carolina, 497 U.S. 376, 412 (1990).
- Greenhouse, Linda (May 27, 1998). "THE ELLIS ISLAND VERDICT: THE RULING; High Court Gives New Jersey Most of Ellis Island". The New York Times. ISSN 0362-4331. Retrieved June 6, 2019.
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Article Three Section Two Clause One of the Constitution of the United States gives the Supreme Court of the United States original jurisdiction over matters including controversies between two or more States Historically this jurisdiction has most often been called upon to settle boundary disputes in which the states cannot agree on the correct location of the state line between them While most of these cases are original jurisdiction a handful have also been decided on appeal from decisions of lower courts usually arising from disputes between private parties CasesHandly s Lessee v Anthony 1820 Indiana and Kentucky Infobox for the case Handly s Lessee v AnthonySupreme Court of the United StatesDecided March 14 1820Full case nameHandly s Lessee v AnthonyCitations18 U S 374 more 5 Wheat 374 5 L Ed 113 1820 U S LEXIS 262Case historyPriorOn appeal from the Circuit Court of the United States for the District of KentuckyHoldingWhere a river is said to be the boundary between two states the boundary properly extended to the low water mark of the opposite shore and no higher plaintiff s motion of ejectment based on title granted by the state of Kentucky was denied Court membershipChief Justice John Marshall Associate Justices Bushrod Washington William Johnson H Brockholst Livingston Thomas Todd Gabriel Duvall Joseph StoryCase opinionMajorityMarshall Handly s Lessee v Anthony 18 U S 5 Wheat 374 1820 was a ruling by the Supreme Court of the United States which held that the proper boundary between the states of Indiana and Kentucky was the low water mark on the western and northwestern bank of the Ohio River Motion by the plaintiff Handly s lessee to eject inhabitants of a peninsula in the Ohio River which was at times temporarily cut off from Indiana by high water was denied Poole v Fleeger 1837 Kentucky and Tennessee Infobox for the case Poole v FleegerSupreme Court of the United StatesDecided February 11 1837Full case nameBurgess Poole and Others Plaintiffs in Error v The Lessee of John Fleeger and OthersCitations36 U S 185 more 11 Pet 185 9 L Ed 680 1837 U S LEXIS 174HoldingPlaintiffs are granted title to land in Kentucky improperly conveyed by Tennessee prior to the Compact of 1820 establishing the two states mutual border Court membershipChief Justice Roger B Taney Associate Justices Joseph Story Smith Thompson John McLean Henry Baldwin James M Wayne Philip P BarbourCase opinionMajorityStory joined by unanimous Poole v Fleeger 36 U S 11 Pet 185 1837 was a 7 to 0 ruling by the Supreme Court of the United States which held that the states of Kentucky and Tennessee had properly entered into an agreement establishing a mutual border between the two states The plaintiffs in the case were granted title to property improperly conveyed by the state of Tennessee north of this border In the ruling the Supreme Court asserted the fundamental right of states and nations to establish their borders regardless of private contract and made a fundamental statement about the rights of parties to object to a trial court ruling under the rules of civil procedure Rhode Island v Massachusetts 1838 Infobox for the case Rhode Island v MassachusettsSupreme Court of the United StatesDecided February 21 1838Full case nameThe State of Rhode Island and Providence Plantations Complainants v The Commonwealth of Massachusetts DefendantCitations37 U S 657 more 12 Pet 657 9 L Ed 1233 1838 U S LEXIS 372HoldingSupreme Court has original jurisdiction over a suit by one state against another over their shared borderCourt membershipChief Justice Roger B Taney Associate Justices Joseph Story Smith Thompson John McLean Henry Baldwin James M Wayne Philip P Barbour John Catron John McKinleyCase opinionsMajorityBaldwin joined by Thompson McLean Wayne Catron McKinleyConcurrenceBarbourDissentTaneyStory took no part in the consideration or decision of the case Rhode Island v Massachusetts 37 U S 12 Pet 657 1838 was a United States Supreme Court case in which the Court asserted its original jurisdiction over a suit in equity by one state against another over their shared border The case involved a boundary dispute between Massachusetts and Rhode Island dating back to colonial times Daniel Webster was involved in the case representing Massachusetts Missouri v Iowa 1849 Infobox for the case Missouri v IowaSupreme Court of the United StatesDecided February 13 1849Full case nameState of Missouri v State of IowaCitations48 U S 660 more 7 How 660 12 L Ed 861HoldingThe true northern boundary of Missouri and southern boundary of Iowa exists along the line laid by Colonel John C Sullivan in 1816 pursuant to the Osage Treaty of 1815 Court membershipChief Justice Roger B Taney Associate Justices John McLean James M Wayne John Catron John McKinley Peter V Daniel Samuel Nelson Levi Woodbury Robert C GrierCase opinionMajorityCatron joined by Taney McLean Wayne McKinley Daniel Nelson Woodbury Grier Missouri v Iowa 48 U S 7 How 660 1849 is a 9 to 0 ruling which held that the Sullivan Line of 1816 was the accepted boundary between the states of Iowa and Missouri The ruling resolved a long standing border dispute between the two states which had nearly erupted in military clashes during the so called Honey War of 1839 Florida v Georgia 1855 Infobox for the case Florida v GeorgiaSupreme Court of the United StatesArgued January 8 9 1855 Decided March 6 1855Full case nameThe State of Florida Complainant v The State of GeorgiaCitations58 U S 478 more 17 How 478 15 L Ed 181 1854 U S LEXIS 538HoldingThe boundary between the State of Florida and the State of Georgia runs along McNeil s line according to the survey conducted on behalf of the U S government Court membershipChief Justice Roger B Taney Associate Justices John McLean James M Wayne John Catron Peter V Daniel Samuel Nelson Robert C Grier Benjamin R Curtis John A CampbellCase opinionsMajorityTaney joined by Wayne Catron Nelson GrierDissentCurtis joined by McLeanDissentCampbell joined by DanielLaws applied28 U S C 1251 Art I Art X U S Constitution Florida v Georgia 58 U S 17 How 478 1855 addressed a boundary dispute was between Florida and Georgia Florida claimed that the state line was a straight line called McNeil s line for the man who surveyed it for the U S government in 1825 from the confluence of Georgia s Chattahoochee and Flint rivers forming the Apalachicola River at a point now under Lake Seminole then very slightly south of due east to the source of the St Mary s River which was the point specified in Pinckney s Treaty in 1795 That eastern point of the straight line was near Ellicott mound which was erected in 1799 at about 30 34 N Georgia claimed that the headwaters of the St Mary s River were at the source of the southern branch some 30 miles or nearly 50 kilometers south at Lake Spalding or Lake Randolph If upheld Georgia would have obtained additional territory estimated at 800 to 2 355 square miles The position of the U S commissioners was that the actual source of the St Mary s was two miles north of the Ellicott mound The court ruled in favor of Florida setting the state boundary line along McNeil s line This outcome was followed in 1859 by the surveying of the On April 9 1872 Congress approved the Orr and Whitner Line as part of the border between Georgia and Florida Alabama v Georgia 1860 Infobox for the case Alabama v GeorgiaSupreme Court of the United StatesDecided May 1 1860Full case nameState of Alabama v State of GeorgiaCitations64 U S 505 more 23 How 505 16 L Ed 556HoldingThe true border between the states of Alabama and Georgia is the average water mark on the western bank of the Chattahoochee RiverCourt membershipChief Justice Roger B Taney Associate Justices John McLean James M Wayne John Catron Peter V Daniel Samuel Nelson Robert C Grier John A Campbell Nathan CliffordCase opinionMajorityWayne joined by unanimous court Alabama v Georgia 64 U S 23 How 505 1860 unanimously held that the true border between the states of Alabama and Georgia was the average water mark on the western bank of the Chattahoochee River In coming to its conclusion the Court defined what constituted the bed and bank of a river The case has had international repercussions as well The Supreme Court s definition was adopted by courts in the United Kingdom in the case 1896 65 LJ Ch 515 2 Ch 27 In the Compact of 1802 Georgia ceded western lands beyond the Chattahoochee River to the United States The Compact specified that Georgia s western boundary would be West of a line beginning on the western bank of the Chattahoochee River where the same crosses the boundary between the United States and Spain running up the said river and along the western bank thereof Alabama came into a dispute with Georgia over the specific meaning of the Compact of 1802 arguing that the high water mark of the Chattahoochee River sometimes marched as much as a half mile inland to the west Georgia claimed that the Compact of 1802 did not cover the northernmost part of the border assertedly obtained directly from the state of South Carolina in 1787 without first transferring title to the United States The court noted the mutual nature of the Compact of 1802 and pointed out that Georgia admitted in the agreement that its western boundary extended north to the border with the state of Tennessee This then made any argument over the South Carolina cession of 1787 moot However the court found that The contract of cession must be interpreted by the words of it according to their received meaning and use in the language in which it is written as that can be collected from judicial opinions concerning the rights of private persons upon rivers and the writings of publicists in reference to the settlement of controversies between nations and States as to their ownership and jurisdiction on the soil of rivers within their banks and beds Citing scholarly sources from Europe American case law such as Handly s Lessee v Anthony 18 U S 374 1820 and other cessions between states and the United States the court concluded that the Compact of 1802 did not mean either low water mark claimed by Alabama or the high water mark as claimed by Georgia Rather the Compact of 1802 specified the western bank and the bank was different from the high water mark concluding that only the average water level defined the bank and that the boundary of Georgia should be so marked The Court also reaffirmed that the Compact of 1802 gave both states free navigation of the river Virginia v West Virginia 1871 Infobox for the case Virginia v West VirginiaSupreme Court of the United StatesDecided March 6 1871Full case nameState of Virginia v State of West VirginiaCitations78 U S 39 more 11 Wall 39 20 L Ed 67HoldingWhere a governor has discretion in the conduct of the election the legislature is bound by his action and cannot undo the results based on fraud Court membershipChief Justice Salmon P Chase Associate Justices Samuel Nelson Nathan Clifford Noah H Swayne Samuel F Miller David Davis Stephen J Field William Strong Joseph P BradleyCase opinionsMajorityMiller joined by Chase Nelson Swayne Strong BradleyDissentDavis joined by Clifford Field Virginia v West Virginia 78 U S 11 Wall 39 1871 was a 6 3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election the legislature is bound by his action and cannot undo the results based on fraud The Court implicitly affirmed that the breakaway Virginia counties had received the necessary consent of both the Commonwealth of Virginia and the United States Congress to become a separate U S state The Court also explicitly held that Berkeley County and Jefferson County were part of the new State of West Virginia Virginia v Tennessee 1893 Infobox for the case Virginia v TennesseeSupreme Court of the United StatesArgued March 8 9 1893 Decided April 3 1893Full case nameCommonwealth of Virginia v State of TennesseeCitations148 U S 503 more 13 S Ct 728 37 L Ed 537 1893 U S LEXIS 2248HoldingThe border as set forth in the survey of 1803 is the border between the two states Court membershipChief Justice Melville Fuller Associate Justices Stephen J Field John M Harlan Horace Gray Samuel Blatchford David J Brewer Henry B Brown George Shiras Jr Howell E JacksonCase opinionMajorityField joined by unanimousLaws appliedU S Const Art I 10 cl 3 Virginia v Tennessee 148 U S 503 1893 was a suit brought before the Supreme Court of the United States that sought to settle two questions What is the correct boundary between the two states and if the boundary was inaccurately set can the state ask the court to change it Does an agreement setting the boundary between two states require approval of Congress under the Compact Clause of the United States Constitution Maryland v West Virginia 1910 Infobox for the case Maryland v West VirginiaSupreme Court of the United StatesArgued November 2 4 1909 Decided February 21 1910Full case nameState of Maryland v State of West VirginiaCitations217 U S 1 more 30 S Ct 268 54 L Ed 645 1910 U S LEXIS 1942Case historySubsequentMaryland v West Virginia 225 U S 1 1912 HoldingWest Virginia s border extends to the low water mark on the south bank of the Potomac River Boundary disputes should be adjusted according to prescription and equity to least disturb private rights and titlesCourt membershipChief Justice Melville Fuller Associate Justices John M Harlan David J Brewer Edward D White Joseph McKenna Oliver W Holmes Jr William R Day William H Moody Horace H LurtonCase opinionMajorityDay joined by unanimous Maryland v West Virginia 217 U S 1 1910 held in a 9 to 0 ruling that the boundary between the American states of Maryland and West Virginia is the south bank of the North Branch Potomac River The decision also affirmed criteria for adjudicating boundary disputes between states which said that decisions should be based on the specific facts of the case applying the principles of law and equity in such a way that least disturbs private rights and title to land New Mexico v Texas 1927 Infobox for the case State of New Mexico v State of TexasSupreme Court of the United StatesArgued January 4 5 1927 Decided December 5 1927Full case nameState of New Mexico v State of TexasCitations275 U S 279 more 48 S Ct 126 72 L Ed 280 1927 U S LEXIS 280Case historyPriorOriginal JurisdictionSubsequentModified on denial of rehearing April 9 1928HoldingThe boundary line between New Mexico and Texas is the middle of the channel of the Rio Grande as it was located in 1850 Court membershipChief Justice William H Taft Associate Justices Oliver W Holmes Jr Willis Van Devanter James C McReynolds Louis Brandeis George Sutherland Pierce Butler Edward T Sanford Harlan F StoneCase opinionMajoritySanford joined by unanimous New Mexico v Texas 275 U S 279 1927 was a United States Supreme Court case that determined the boundary between Texas and New Mexico in the vicinity of El Paso Texas This suit was initially brought by the State of New Mexico against the State of Texas in 1913 to settle a controversy concerning the location of their common boundary in the valley of the Rio Grande about 15 miles 24 km from the parallel of 32 degrees north latitude to the parallel of 31 degrees 47 minutes on the international boundary between the United States and Mexico Each State asserted that the true boundary line is the middle of the channel of the Rio Grande in 1850 Neither alleged that there had been any change in this line by accretions and the only issue was as to the true location of the channel in that year New Mexico believed it was closer to the then present course of the river Texas had been issuing deeds for the area known as the Country Club Area as this was the land in dispute the case became known by the moniker the Country Club Dispute A special master appointed by the Supreme Court in 1924 made extensive findings concluding that the allegations in New Mexico s bill as to the location and course of the Rio Grande as it existed in the year 1850 were not sustained and that the river did not then flow on the eastern side of the valley as claimed by New Mexico that its location and course in 1850 was in general as alleged in the cross bill of Texas The unanimous Supreme Court then held that the testimony of ancient witnesses called by New Mexico as to their recollection of the old river is far from satisfactory and does not in view of the other evidence sustain the burden resting on New Mexico Vermont v New Hampshire 1933 Infobox for the case Vermont v New HampshireSupreme Court of the United StatesArgued April 20 21 1933 Decided May 29 1933Full case nameThe State of Vermont v The State of New HampshireCitations289 U S 593 more 53 S Ct 708 77 L Ed 1392Case historyPriorHearing upon exceptions to report of the Special MasterHoldingThe boundary between Vermont and New Hampshire is neither the thread of the channel of the Connecticut River nor the top of the west bank of the river but rather the west bank of the river at the mean low water mark Court membershipChief Justice Charles E Hughes Associate Justices Willis Van Devanter James C McReynolds Louis Brandeis George Sutherland Pierce Butler Harlan F Stone Owen Roberts Benjamin N CardozoCase opinionMajorityStone joined by Van Devanter McReynolds Brandeis Sutherland Butler Roberts CardozoHughes took no part in the consideration or decision of the case Vermont v New Hampshire 289 U S 593 1933 was a United States Supreme Court case holding that the boundary between Vermont and New Hampshire is neither the thread of the channel of the Connecticut River nor the top of the west bank of the river but rather the west bank of the river at the mean low water mark Wisconsin v Michigan 1935 1936 Infobox for the case List of boundary cases of the United States Supreme CourtSupreme Court of the United StatesArgued March 2 1936 Decided March 16 1936Full case nameThe State of Wisconsin v The State of MichiganCitations297 U S 547 more 56 S Ct 584 80 L Ed 856Case historyPrior295 U S 455 1935 HoldingThe boundary between Michigan and Wisconsin is amended as statedCourt membershipChief Justice Charles E Hughes Associate Justices Willis Van Devanter James C McReynolds Louis Brandeis George Sutherland Pierce Butler Harlan F Stone Owen Roberts Benjamin N CardozoCase opinionMajorityUnanimous Wisconsin v Michigan 295 U S 455 1935 and Wisconsin v Michigan 297 U S 547 1936 settled a territorial dispute between Wisconsin and Michigan The 1836 boundary description between Wisconsin and Michigan described the line through northwest Lake Michigan as the most usual ship channel This description needed clarification as two routes were in use into Green Bay Multiple islands lay in between and all were claimed as part of both Door County Wisconsin and Delta County Michigan A similar case Michigan v Wisconsin 270 U S 295 1926 had previously been brought to the Supreme Court but was dismissed In 1936 the Supreme Court decision chose the ship channel through the Rock Island Passage as the more common so Wisconsin retained the intervening water area with its islands Plum Detroit Washington Hog and Rock Arkansas v Tennessee 1970 Infobox for the case Arkansas v TennesseeSupreme Court of the United StatesArgued January 19 1970 Decided February 25 1970Full case nameArkansas v TennesseeCitations397 U S 88 more 90 S Ct 784 25 L Ed 2d 73Case historyPriorSpecial master appointed Arkansas v Tennessee 389 U S 1026 1968 Court membershipChief Justice Warren E Burger Associate Justices Hugo Black William O Douglas John M Harlan II William J Brennan Jr Potter Stewart Byron White Thurgood Marshall Arkansas v Tennessee 397 U S 88 1970 determined a boundary line between the states of Arkansas and Tennessee On January 15 1968 the court appointed Gunnar Nordbye a Senior United States Judge of the District of Minnesota as Special Master to determine the state line in the disputed area Nordbye conducted an evidentiary hearing and viewed the area He then filed his report with the Supreme Court recommending that all of the disputed area be declared part of the State of Tennessee The parties had agreed that the state line was the thalweg or steamboat channel of the Mississippi River as it flows west and southward between the states Nordbye heard evidence and was presented exhibits and maps which showed that the migration of the Mississippi River northward and west continued until about 1912 At that time an avulsion occurred leaving Tennessee lands on the west or Arkansas side of the new or avulsive river channel Nordbye found that thereafter because of the avulsion the water in the thalweg became stagnant and erosion and accretion no longer occurred At this time the boundary between Arkansas and Tennessee became fixed in the middle of the old abandoned channel The Supreme Court affirmed this finding quoting from its opinion in an earlier dispute between the same states where it had held It is settled beyond the possibility of dispute that where running streams are the boundaries between States the same rule applies as between private proprietors namely that when the bed and channel are changed by the natural and gradual processes known as erosion and accretion the boundary follows the varying course of the stream while if the stream from any cause natural or artificial suddenly leaves its old bed and forms a new one by the process known as an avulsion the resulting change of channel works no change of boundary which remains in the middle of the old channel although no water may be flowing in it and irrespective of subsequent changes in the new channel Nordbye was then further authorized to engage surveyors to determine the exact line of the boundary with the states to split the cost A decree establishing the surveyed boundary line was entered on June 23 1970 Illinois v Missouri 1970 Infobox for the case Illinois v MissouriSupreme Court of the United StatesFull case nameIllinois v MissouriCitations399 U S 146 more Case historyPriorSpecial master appointed Illinois v Missouri 399 U S 146 1970 was a per curiam decision determining a boundary line between the states of Illinois and Missouri The case specifically assigned ownership of several islands in the Mississippi River The court referred the case to a special master who filed a report which was adopted by the court decreeing that 1 The boundary line between the States of Illinois and Missouri for the geographical area involved in this action is hereby determined and decreed to consist of the following legal description the body of land given identification in the evidence as Kaskaskia Island is hereby confirmed as against Missouri and decreed to exist in Illinois the body of land given identification in the evidence as Beaver Island is hereby confirmed as against Missouri and decreed to exist in Illinois right claimed by Missouri to each of the two bodies of land given identification severally in the evidence as Cottonwoods and Roth Island is hereby sustained as against Illinois and decreed to exist in Missouri New Hampshire v Maine 1977 Infobox for the case New Hampshire v MaineSupreme Court of the United StatesOriginal jurisdiction Argued April 19 1977 Decided June 14 1977Full case nameNew Hampshire v MaineCitations426 U S 363 more 96 S Ct 2113 48 L Ed 2d 701 1976 U S LEXIS 60OutcomeConsent decree stipulated between parties and agreed to by parties is permissible under Vermont v New York 417 U S 270 1974 States are not adjusting the boundary between them which was fixed by the 1740 decree the consent decree simply locates precisely the already existing boundary and neither State is enhancing its power and threatening supremacy of the Federal Government Court membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Potter Stewart Byron White Thurgood Marshall Harry Blackmun Lewis F Powell Jr William Rehnquist John P StevensCase opinionsMajorityBrennan joined by Burger Stewart Marshall Powell RehnquistDissentWhite joined by Blackmun Stevens New Hampshire v Maine 426 U S 363 1977 held that the boundary between the states of New Hampshire and Maine was fixed by the 1740 decree of King George II of Great Britain Both sides entered into a consent decree which was accepted by the special master appointed by the Court Georgia v South Carolina 1990 Infobox for the case Georgia v South CarolinaSupreme Court of the United StatesArgued January 8 1990 Decided June 25 1990Full case nameGeorgia v South CarolinaCitations497 U S 376 more 42 S Ct 597 66 L Ed 1069Court membershipChief Justice William Rehnquist Associate Justices William J Brennan Jr Byron White Thurgood Marshall Harry Blackmun John P Stevens Sandra Day O Connor Antonin Scalia Anthony KennedyCase opinionsPluralityBlackmun joined by O Connor BrennanDissentStevens joined by ScaliaDissentWhite joined by MarshallDissentScalia joined by KennedyDissentKennedy joined by RehnquistLaws appliedTreaty of Beaufort Georgia v South Carolina 497 U S 376 1990 is one of a long series of cases determining the borders of the state of Georgia In this case the court decided the exact border within the Savannah River and whether islands should be a part of Georgia or South Carolina It also decided the seaward border Mississippi v Louisiana 1992 Infobox for the case Mississippi v LouisianaSupreme Court of the United StatesFull case nameMississippi v LouisianaCitations506 U S 73 more Case historyPriorSpecial master appointed Mississippi v Louisiana 506 U S 73 1992 arose as a private dispute in the United States District Court for the Southern District of Mississippi regarding title to land along the west bank of the Mississippi River near Lake Providence Louisiana The state of Louisiana intervened filing a third party complaint against Mississippi to determine the boundary between the states in the vicinity of the disputed land which the district court resolved in favor of the private party from Mississippi The United States Court of Appeals for the Eleventh Circuit reversed finding the land to be in Louisiana On appeal the Supreme Court held that that under 28 U S C 1251 a granting it original and exclusive jurisdiction of all controversies between two states deprived the district court of jurisdiction over Louisiana s third party complaint against Mississippi altogether Since neither the district court nor the court of appeals had jurisdiction to consider the matter the Supreme Court remanded the matter to the district court to determine the rights of the private parties noting that the outcome could not effect the legal boundaries of the states themselves New Jersey v New York 1998 Infobox for the case New Jersey v New YorkSupreme Court of the United StatesArgued January 12 1998 Decided May 26 1998Full case nameState of New Jersey v State of New YorkCitations523 U S 767 more 118 S Ct 1726 140 L Ed 2d 993 1998 U S LEXIS 3405 66 U S L W 4389 98 Daily Journal DAR 5406 1998 Colo J C A R 2596 11 Fla L Weekly Fed S 563HoldingNew Jersey has sovereign authority over the filled land added to the original Island New Jersey s exception to that portion of the Special Master s report concerning the Court s authority to adjust the original boundary line between the two States is sustained The other exceptions of New Jersey and New York are overruled Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O Connor Antonin Scalia Anthony Kennedy David Souter Clarence Thomas Ruth Bader Ginsburg Stephen BreyerCase opinionsMajoritySouter joined by Rehnquist O Connor Kennedy Ginsburg BreyerConcurrenceBreyer joined by GinsburgDissentStevensDissentScalia joined by ThomasLaws applied1834 Compact between New York and New Jersey New Jersey v New York 523 U S 767 1998 was a U S Supreme Court case that determined that roughly 83 of Ellis Island was part of New Jersey rather than New York State Because the New Jersey original 1664 land grant was unclear the states of New Jersey and New York disputed ownership and jurisdiction over the Hudson River and its islands The two states entered into a compact ratified by Congress in 1834 which set a boundary line to be the middle of the Hudson River but giving all islands in the river including Ellis Island to New York From 1890 to 1934 the federal government expanded Ellis Island through land reclamation to accommodate its immigration station Starting in the 1980s New Jersey contended that the new portions of the Ellis Island were part of New Jersey New Jersey filed suit in 1997 In a 6 3 decision the Supreme Court ruled that because the 1834 compact gave New Jersey jurisdiction over submerged land around Ellis Island the new land was in New Jersey not New York The ruling changed little in practice because Ellis Island is federal land The ruling changed allocation of sales tax revenue and future development plans for the island See alsoBorder disputes between New York and ConnecticutReferencesFlorida v Georgia 58 U S 478 480 US 1854 Van Zandt Franklin 1966 United States Geological Survey Bulletin 1212 Boundaries of the United States and the Several States pp 163 165 17 Stat 52 Wisdom The Law of Rivers and Watercourses 1962 p 9 Kalinoe Water Law and Customary Water Rights in Papua New Guinea 1999 p 27 28 Lalor Territories in Cyclopaedia of Political Science Political Economy and of the Political History of the United States 1886 p 391 Sturgis Presidents From Washington Through Monroe 1789 1825 Debating the Issues in Pro and Con Primary Documents 2002 p 109 State of Alabama v State of Georgia 64 U S 505 State of Alabama v State of Georgia 64 U S 505 506 507 State of Alabama v State of Georgia 64 U S 505 509 510 State of Alabama v State of Georgia 64 U S 505 511 State of Alabama v State of Georgia 64 U S 505 512 513 State of Alabama v State of Georgia 64 U S 505 514 515 State of Alabama v State of Georgia 64 U S 505 515 Virginia v Tennessee 148 U S 503 1893 Justia Supreme Court Retrieved 15 February 2023 Maryland v West Virginia 217 U S 1 1910 New Mexico v Texas 275 U S 279 299 1927 This article incorporates public domain material from this U S government document U S Reports New Mexico v Texas 275 U S 279 1927 PDF Library of Congress December 5 1927 Retrieved 13 October 2019 The State of Vermont Oratrix v The State of New Hampshire Defendant The American Journal of International Law 27 4 779 794 October 1933 doi 10 2307 2190126 JSTOR 2190126 S2CID 246007624 Vermont v New Hampshire 289 U S 593 1933 Arkansas v Tennessee 389 U S 1026 1968 Arkansas v Tennessee 246 U S 158 1918 New Hampshire v Maine 426 U S 363 1977 Georgia v South Carolina 497 U S 376 412 1990 Greenhouse Linda May 27 1998 THE ELLIS ISLAND VERDICT THE RULING High Court Gives New Jersey Most of Ellis Island The New York Times ISSN 0362 4331 Retrieved June 6 2019