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grant in substantially the same terms as that of 1664 (C. and C., p. 1328), of which the following is an extract, viz:
All that part of the mainland of New England, beginning at a certain place called or known by the name of Saint Croix nexe adjoining to New Scotland in America, and from thence extending along the sea-coast into a certain place called Petuaquim or Pemquid, and so up the river thereof to the furthest head of the same as it windeth northward and extending from the river of Kinebequ and so upwards by the shortest course to the river Canada northwards; and all that island or islands commonly called by the several name or names of Matowacks or Long Islands, situate and being toward the west of Cape Cod and the narrow Higansuts abutting upon the mainland between the two rivers there called or known by the several names of Connecticut and Hudson Rivers, together also with the said river called Hudson's River, and all the lands from the west side of Connecticut River to the east side of Delaware Bay; and also all those several islands called or known by the names of Martin Vinyard and Nantukes, otherwise Nantuckett.
By these grants to the Duke of York and the conquest of the Dutch possessions in America it will be seen that New York originally had a claim to a much larger territory than is now included in her limits. The successive changes in her extent may be sketched as follows, viz:
In 1664 the Duke of York sold the present State of New Jersey to Lord John Berkeley and Sir George Carteret.
In 1682 the Duke of York sold to William Penn his title to Delaware and the country on the west bank of the Delaware, which had been originally settled by the Swedes, then conquered by the Dutch, and which had by them been surrendered to the Duke of York.
In 1686 Pemaquid and its dependencies were annexed to the New England government by a royal order, the Duke of York having acceded to the throne of England.
By the charter of 1691 to Massachusetts Bay, all claim to any part of Maine was extinguished, and the islands of Nantucket, Marthas Vineyard, and others adjacent (hitherto known as Duke's County, New York), were annexed to Massachusetts Bay.
The territory west of the Connecticut River to within about 20 miles of the Hudson River, now forming a portion of Massachusetts and Connecticut, were, by agreements and concessions made at various periods, surrendered to those States respectively.
In 1781 New York released to the General Government all the lands to which she had claim west of a meridian extending through the west extremity of Lake Ontario, and in 1790 she gave up all claim to the present State of Vermont and consented to her independence.
By these successive reductions New York was left with substantially her present boundaries.
(For the history and settlement of the eastern boundary of New York, vide Vermont, Massachusetts, and Connecticut, ante, pp. 52, 68, and 73.)
The northern boundary was settled by the treaty of peace in 1783 and by the commission under the sixth article of the treaty of Ghent. (Vide p. 11.)
The boundary between New York and New Jersey was plainly stated in the grant by the Duke of York to Berkeley and Carteret. (Vide New Jersey, p. 83.)
In 1719 attempts were made to have the line run and marked, but nothing seems to have been done to settle the matter permanently till 1769, when commissioners were appointed by the King, who fixed on substantially the present line. (Vide R. S. N. J., 1821, pp. 29–34.)
In 1772 this line was confirmed by the legislatures of both colonies, and commissioners were appointed to survey and mark the same.
This line was as follows, viz: A direct and straight line from the fork or branch formed by the junction of the stream or waters called the Machackamack with the river Delaware or Fishkill, in the latitude of 41° 21' 37", to a rock on the west side of the Hudson River, marked by the said surveyors, in the latitude of 41°-said rock was ordered to be marked with the following words and figures, viz: “Latitude 41° north;' and on the south side thereof, “New Jersey;' and on the north side thereof, “New York;" also to mark every tree that stood on the line with five notches and a blaze on the northwest and southeast sides thereof, and to put up stone monuments, at 1 mile distance from each other, along the said line, and to number such monuments with the number of miles; the same shall be from the before-mentioned marked rock on the west side of Hudson's River, and mark the words “New Jersey” on the south side and the words “ New York" on the north side of every of the said monuments. (See R. S. of N. J., 1821, pp. 29–34.)
The above was confirmed by the King in council September 1, 1773.
In the year 1833 commissioners were appointed by New York and New Jersey for the settlement of the territorial limits and jurisdiction of the two States.
In the following year the commissioners made the following agreement, which was ratified by each State and confirmed by Congress, viz:
UNITED STATES STATUTES AT LARGE.
TWENTY-THIRD CONGRESS, SESSION I.
AN ACT giving the consent of Congress to an agreement or compact entered into between the State
of New York and the State of New Jersey, respecting the territorial limits and jurisdiction of said States.
ARTICLE FIRST. 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, except as hereinafter otherwise particularly mentioned.
ARTICLE SECOND. The State of New York shall retain its present jurisdiction of and over Bedloe'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 THIRD. The State of New York shall have and enjoy exclusive jurisdiction 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 middle of the bar 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 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 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 said waters: Provided, That the navigation be not obstructed or hindered.
ARTICLE FOURTH. The State of New York shall have exclusive jurisdiction of and over the waters of the Kill Von Kull between Staten Island and New Jersey to the westernmost end off Shorter'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 Shorter's Island to Woodbridge Creek as to all vessels bound to any port in the said State of New York.
ARTICLE FIFTH. 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 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 the exclusive right of property in and to the 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, 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 the middle of said waters: Provided, That the navigation of the said waters be not obstructed or hindered. *
* .. * In 1876 commissioners were appointed to relocate the land boundary between New York and New Jersey, and replace monuments that may have become dilapidated or removed, or to erect new ones, etc. (Vide Rev. of N. J., 1877.)
The above commissioners found in some cases a slight discrepancy between the original marks and the verbal description thereof, and the legislatures of each State ordered that the original monuments should be considered the true boundary. (See acts of New York, 1880, and acts of New Jersey, 1881.)