And whereas, The said commissioners on the part of this commonwealth, Henry R. Pierson, Elias W. Leavenworth and Chauncey M. Depew, commissioners on the part of the state of New York, entered into an agreement on the twenty-sixth day of March, 1886, which was signed by all the said commissioners named, (except James Worrall, one of the commissioners on the part of this commonwealth, who died during the progress of the work on said boundary line, to wit, April first, 1885,) wherein it is stipulated that the said agreement will become binding on the part of both states when ratified by the legislatures thereof, respectively, and when confirmed by the Congress of the United States, and which agreement is hereby recited.