23d Congress, 1.9/ Session- I 239 ] MESS VGE FROM THE PRESIDENT OF THE UNITED STATES, With documents concerning the settlement of the Boundary Line between New York and New Jersey, April 3, 1834. Read, and ordered to be printed, and referred to the Committee on the Judiciary, Washington, April 2, 1834. To the Senate and House of Representatives: I lay before Congress a communication from the Governor of New Jer- sey, and a copy of a communication from the Governor of New York, ad- dressed to me with the view of obtaining the consent of Congress to aa agreement which has been entered into by the States of New York and New Jersey to settle the boundary line between those States. The agree- ment and authenticated copies of the acts of the Legislatures of New York and New Jersey relating to it, are also transmitted. ANDREW JACKSON, State op New Jersey, Executive Department, March 20, 1834. To the President of the United States: Sir: Under the direction of the Legislative Council and General Assem- bly of the State of New Jersey, I transmit to you a copy of an act passed by them on the 26th of February last, entitled " An act to ratify and con- firm an agreement made between the commissioners appointed by the Go- vernor of the State of New \ork and the commissioners appointed by the Governor of the State of New Jersey, respecting territorial limits and ju- risdiction between the said States," together with a duplicate copy of the said agreement; and request that you will cause the same to be laid before the two Houses of Congress for their consent. I have the honor to be, With the highest respect, Your obedient servant, P. D. VR00M. £ 239 ] State of New York, Executive Department, Jllbuny, Mutch 24, 1834. Sir: A dispute has long existed between the States of New York and New Jersey concerning their respective boundaries and jurisdiction, and commissioners were appointed last year, by each, for the purpose of set- ting i». The agreement which they might make was to be submitted to the Legis- lature of each State, and if sanctioned by them, and approved by the Con- gress of the United States, it was to be conclusive. 1 have the honor to transmit herewith the agreement concluded by the commissioners, and cer- tified copies of acts of the Legislatures of both States confirming it. Only the approbation of Congress is now wanting to complete the adjustment. I take the liberty to request your excellency to make such a disposition of them as you may deem proper, in order to secure the approval of that body. I have the honor to be, Your excellency's obedient servant, VV. L. MARCY. To his Excellency Andrew Jackson, President oj the United States. Agreement made and entered into by and between Benjamin F. Butler, i'eter Augustus Jay, and Henry Seymour, commissioners duly appointed on the part and behalf of the State of New York in pursuance ot an act of the Legislature of the said State, entitled "An act concerning the territorial limits and jurisdiction of the State of New York and the State of New Jersey," passed January 18th, 1833, of the one part; and The- odore Frelmghuysen, James Parker, and Lucius Q. C. Elmer, commis- sioners duly appointed on the part and behalf of the State of New Jer- sey, in pursuance of an act ol the Legislature of the said State, entitled u An act for the seitlement of_the territorial limits and jurisdiction be- tween the States of New Jersey and New York," passed February 6th, 1833, of ihe other part. Article I. The boundary line between the two States of New York and New Jer- sey, from a point in the middle of Hudson river opposite the point on the west shore thereof, m the forty-first degree of north latitude, as heretofore ascertained and marked, to the main sea, shall be the middle of the said riv ^r of the bay of New York, of the waters between Staten island and New Jersey, and of "Raritan bay, to the main sea; except as hereinafter other v\ise particularly mentioned Article II. The State of New York shall retain its present jurisdiction of and over Bediow's and Ellis's islands; and shall also retain exclusive jurisdiction of a..d over ihe otSer islands 1\ ingin g the waters above mentioned, and now un- der the jurisdiction of that State. 3 t 239 ] Article III. 'The State of New York shall have and enjoy exclusive jurisdiction of and ovnr all the waters of the bay of New York, and of and over all the waters of Hudson river lying west of Manhattan island, and to the south of the mouth of Spuytenduyvel creek; and of and over the lands covered by the said waters to the low-water-mark on the westerly or New Jersey side thereof, subject to the following rights of property, and of jurisdiction of the State of New Jersey; that is to say: 1. The State of New Jersey shall have the exclusive right of property in and to the land under water lying west of the middie of the bay of New York, and west of the middle of that part of the Hudson river which lies between Manhattan island and New Jersey. 2. The State of New Jersey shall have the exclusive jurisdiction of and over the wharves, docks, and improvements, made and to be made, on the shore of the said State; and of and over all vessels aground on said shore, or fastened to any such vvharf or dock, except that the said vessels shall be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New York, which now exist, or which may hereafter be passed. 3. The State of New Jersey shall have the exclusive right of regulating the fisheries on the westerly side of the middle of the said waters; provided that the navigation be not obstructed or hindered. Article IV. The State of New York shall have exclusive jurisdiction of and over the waters of the Kill Van Kull, between Staten island and New Jersey, to the westernmost end of Shooter's island, in respect to such quarantine laws, and laws relating to passengers, as now exist, or may hereafter be passed under the authority of that State, and for executing the same; and the said State shall also have exclusive jurisdiction, for the like purposes, of and over the waters of the sound from the westernmost end of Shooter's island to Wood- bridge creek, as to all vessels bound to any port in the said State of New York. Article V. The State of New Jersey shall have and enjoy exclusive jurisdiction of and over all the waters of the sound between Staten island and New Jersey, lying south of Woodbridge creek; and of and over all the waters of Ran- tan bay lying westward of a line drawn from the light-house at Prince's bay, to the mouth of Mattavan creek; subject to the following rights of property and ot jurisdiction of the State of New York; that is to say: 1. The State of New York shall have the exclusive right of property in and to th« land under water lying between the middle of the said waters and Staten island. 2 The State of New York shall have the exclusive jurisdiction of and over the wharves,Pdocks, and improvements, made and to be made, on the shore of Staten island; and of and over all vessels aground on said shore, or fastened to any such vvharf or dock, except that the said vessels shall be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New Jersey, which now exist, or which may hereafter be passed. & The State of New York shall have the exclusive right of regulating the fisheries between the shore of Staten island and the middle of the said £ 239 ] 4 waiers; provided that the navigation of the said waters be not obstructed ot hindered. Article VI. Criminal process issued under the authority of the State of New Jersey against any person accused of an offence committed within that State, or committed on board of any vessel being under the exclusive jurisdiction of that State as aforesaid; or committed against ihe regulations made or to be ninde by that State in relation to the fisheries mentioned in the third article; and also civil process issued under the authority of the State of New Jer- sey against any person domiciled in that State, or against property taken out oi lhat State to evade the laws thereof, ma) be served upon any of the said waters within the exclusive jurisdiction of tiie State of New York, unless Mich person or property shall be on boaid a vessel aground upon, or fastened to, the shore of the State of New York, or fastened to a wharf ad- joining thereto; or unless such person shall be under arrest, or such pro- perty s ; all be under seizure by virtue of process or authority oi the State of New York. Article VII. Criminal process issued under the authority of the State of New York against any person accused of an offence committed within that State, or committed on board of any vessel being under the exclusive jurisdiction of that State as aforesaid; or committed against the regulations made or to be made by that State in relation to the fisheries mentioned in the fifth article; and also civil process issued under the authority of the State of New York against any person domiciled in that Slate, or against property taken out of that Sta e to evade the Jaws thereof, may be served upon any of the said waters within the exclusive jurisdiction of the State of New Jersey, unless such person or property shall be on board a vessel aground upon, or fasten- ed to, the shore of the State of New Jersey, or fastened to a wharf adjoin- ing thereto; or unless such person shall be under arrest, or such property shall be under seizure, by virtue of process or authority of the State of New Jersey. Article VIII. This agreement shall become binding on the two States when confirmed by the Legislatures thereof, respectively, and when approved by the Congress of the United States. Done in tour parts, (two of which are retained by the commissioners of New York to be delivered to the Governor of that State, and the other two of which are retained by the commissioners of New Jersey, to be de- livered to the Governor ot that State,) at the City of New York, this six- teenih da\ or Sej tend er, in the year ot our Lord one thousand eight bun- dled and thirty three ; and ol the independence oi the United States the fifty-eighth. B F. BUTLER. PETER AUGUSTUS JAY. HLNUY SEYMOUR. THEO FRELINGHUYSEN, JAMES PARKER. LUCIUS Q. C. ELMER. 5 [ 239 ] STATE OF NEW JERSEY. Jin act to ratify and confirm an agreement between the Commissioners appointed by the (*ovirnor of the State of New York, and the Com- missioners appointed by the Governor of the State of New Jersey, respecting the territorial limits and jurisdiction between the said States. Whereas commissioners duly appointed on the part of the State of New York, and commissioners duly appointed on the part of the State of New Jersey, for the purpose of agreeing upon and settling the jurisdiction and territorial limits of the two States, have executed certain articles, two copies for eacli State, which are contained in the following words: Agreement made and entered into by and between Benjamin F. Butler, Peter Augustus Jav, and Henry Seymour, commissioners duly appointed on the part and behalf of the State of New York, in pursuance of an act of the Legislature o'the said State, entitled '* An act concerning the territo- rial limits and jurisdiction ofthe State of New Yoik and the State of New Jersey," passed January eighteenth, eighteen hundred and thirty three> of the one part, and Theodore Frelinghuysen, James Parker, and Lucius Q. C. hlmer, commissioners duly appointed on the part and behalf of the State of New Jersey, in pursuance of an act ofthe Legislature ofthe said State, entitled "An act for the settlement of the territorial limits and jurisdiction between the States of New Jersey and New York," passed February sixth, eighteen hundred and thirty -three, ofthe other part. Article I. The boundary line between the two States of New York and New Jersey, from a point in the middle of Hudson river, opposite the point on the west shore thereof, in the forty-first degree of north latitude, as heretofore ascertained and marked, to the main sea, shall be the middle of the said river of the bay of New York, of the waters between Staten Island and New Jersey, and of Raritan bay, to the main sea, exce'pt as hereinafter others wise particularly mentioned. Article II. The State of New York shall retain its present jurisdiction of and over Bedlow's and Ellis's islands; and shall also retain exclusive jurisdiction of and over the other islands lying in the waters above mentioned, and now under the jurisdiction of that State. Article III. The State of New York shall have and enjoy exclusive jurisdiction of and over all the waters of the bay of New York, and of ami over all the waters of Hudson river lying west of Manhattan Island, and to the south ofthe mouth of Spuytenduyvel creek, and of and over the lands covered by the said waters to the low water mark on the westerly or New Jersey side thereof; subject to the following rights of property, and of jurisdiction ofthe State of New Jersey; that is to say: 1. The State of New Jersey shall have the exclusive right of property in and to the land under water lying west of the middle of the bay of New York, and west of the middle of that part of the Hudson river which lies between Manhattan Island and New Jersev. m £ 2^9 ] 2. The Slate of New Jersey shall have the exclusive jurisdiction of and over thf* wharves, docks, an ! improvements, made and to he made, on the shore of the said State, and of and over all vessels aground on said shore, or fastened to any such wharf or dork; except that the said vessels shall be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New York, which now exist, or which may hereafter be passed. 3. The State of New Jersey shall have the exclusive right of regulating the fisheries on the westerly side of the middle of the suid waters, provided that the navigation be not obsiructcd or hindered. Article IV. The State of New York shall have exclusive jurisdiction of and over the waters of the Kill Van Kull, between Stated Island and New Jersey, to the westernmost end of Shooter's Island, in respect to such quarantine laws, and laws relating to passengers, as now exist, or may hereafter be passed, un- der the authority of that State, and for executing the same; and the said State shall also have exclusive jurisdiction, for the like purposes, of and over the waters of the sound, from the westernmost end f Shooter's Island to Woodhridge creek, as to all vessels bound to any port in the said State of New York. Article V. The State of New Jersey shall have and enjoy exclusive jurisdiction of and overall the waters of the sound, between Staten Island and New Jersey, lying south of Woodbridge creek, and of and over all the waters of Raritan bay lying westward of a line drawn from the light-house at Prince's bay, to the mouth of Mattavan creek, subject to the following rights of property and of jurisdiction of the State of New York; that is to say: 1. The State of New York shall have exclusive right of property in and to the land under water lying between the middle of said waters and Staten Island. 2. The State of New York shall have the exclusive jurisdiction of and over the wharves, docks, and improvements, made and to be made, on the shore of Staten Island; and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessels shall be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New Jersey, which now exist, or which may hereafter be passed. 3. The State of New York shall have the exclusive right of regulating the fisheries between the shore of Staten Island and ihe middle of the said wa- ters, provided that the navigation of the said waters be not obstructed or hindered. Article VI, Criminal process issued under the authority of the State of New Jersey against any person accused of an offence committed within that State, or committed on board of any vessel being under the exclusive jurisdiction of that State as aforesaid, or committed against the regulations made, or to be made, by that State in relation to the fisheries mentioned in the third article; and, also, civil process issued under the authority of the State of New Jersey against any person domiciled in that State, or against property 7 [ 239 ] taken out of that State to evade the laws thereof, may he served upon any of the said waters, within the exclusive jurisdiction of the State of New York, unless such person or property shall be onboard a vessel aground upon or fastened to the shore of the State of New York, or fastened to a wharf adjoining thereto; or unless such person shall be under arrest, or such pro- perty shali be under seizure, by virtue of process or authority of the State of New York. Article VII. Criminal process issued under the authority of the State of New York against any person accused of an offence committed within that State, or committed on board of any vessel being within the exclusive jurisdiction of that State as aforesaid, or committed against the regulations made, or to be made, by that State in relation to the fisheries' mentioned in the fifth article; and, also, civil process issued under the authority of the State of New York against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any of the said waters within the exclusive jui isdiction of the State of New Jersey, unless such person or property shali be on board a vessel aground upon, or fastened to, the shore of the State of New Jersey, or fastened to a wharf adjoining thereto; or unless such person shall be under arrest, or such property shall be under seizure by virtue of process or authority of the State of New Jersey. Article VIII. • This agreement shall become binding on the two States when confirmed by the Legislatures thereof, respectively, and when approved by the Con- gress of the United States Done in four parts, (two of which are retained by the commissioners of New York to be delivered to the Governor of that State, and the other two of which are retained by the commissioners of New Jersey to be delivered to the Governor of that State,) at the city of New York, this sixteenth day of September, in the year of our Lord one thousand eitjht hundred and thir- ty-three, and of the independence of the United States the tifty-eighlh. B F. BUTLER. PETER AUGUSTUS JAY. HENRY SEYMOUR. THEO. FUELINGHUYSEN. JAMES PARKER. Therefore, LUCIUS Q. C. ELMER. Be it enacted by the Council and General Assembly of the State, and it is hereby enacted by the authority of the same, That the aforesaid agree- ment, and every article, clause, matter, and thing, therein contained, shall be, and the same is hereby, fully and amply ratified and coniirmed on the part of the State of New Jersey. House op Assembly, February 26, 1834. This re-engrossed bill having been read as amended in Council, and com- pared, Resolved, That the same do pass. By order of the House: DANIEL B. HYALL, Speaker of the House of Assembly. [ 239 ] 8 In Council, February 26, 1S34. This re engrossed bill having; been three times read in the Council, Resolved, That ihe same do pass. By order of the Council: MAHLON DICKERSON, Vice President of Council. New Jersey, ss. 1, James D. Westcott, Secretary of the State of New Jersey, do certify the foregoing to be a true transcript of one of the laws of said State, and entitled " An act. to ratify and confirm an agreement made between the commissioners appointed by the Governor of the State of New York, and the commissioners appointed by the Governor of the State of New Jersey, respecting the territorial limits and jurisdiction between the said States," passed February twenty sixth, A. 1). eighteen hundred and thirty-lour: taken from the original on file in my office. Given under my hand, and seal of office, at the city of Trenton, this r -. seventh day of March, A. 1). one thousand eight hundred and L L * S 'J thirty four. JAMES D. WESTCOTT. State op New Jersey. By Peter D. Vroom, Governor of the State oj New Jersey: It. is hereby certified that the preceding exemplification of an act of the Legislature of this State is authenticated in due form, and by the proper officer. In testimony whereof, I have hereto affixed the great seal of this State. Witness my hand, at the city of Trenton, this tenth day pL. s.] of March, in the year of our Lord one thousand eight hundred and thirty four, and of the independence of the United States the fifty- eighth. P. D. VROOM.