b'F 142 \n.B7 N57 \nCopy 1 \n\n\n\n\n\n\n\nRBPORT \n\n\n\nPROCEEDINGS \n\n\n\n\n\n\n\nIS \n\n\n\n\nAPPOINTED TO LOCATE AND MARK OUT, \nr.Y STAKES AND BUOYS, \n\n\n\nThe True Boiiiiilary Line Between New York and New Jersey \n\n\n\nIn Lands Under Water in Raritan Bay. \n\n\n\nTRKN\'TON. N. J.: \n\nThe John L. Mci:riiY rii;i.isiu.NG Co., Trixteks. \n\n1SS7. \n\n\n\nREPORT \n\n\n\nPROCEEDINGS \n\n\n\n\nJersey BouNom Commission \n\n\n\nAPPOINTED TO LOCATE AND MARK OUT, \nBY STAKES AND BUOYS, \n\n\n\nThe True Boundary Line Between New York and New Jersey, \n\n\n\nIn Lands Under Water in Raritan Bay. \n\n\n\nTRENTON, N. J. : \n\nThe John L. Murphy Publishing Co., Printkes. \n\n1887. \n\n\n\n\xe2\x96\xa01 \n\n\n\n)Jl.^\' \n\n\n\nVl \n\n\n\n^ \n\n\n\nof \n\n\n\nNew Jersey Boundary Commission, ^ \n\nOffice of the Commissioners, v \n\nNo. 47 Montgomery St., Jersey City, N. J. J \n\nTo Hia Excellency Robert S. Green, Governor of the State of New \nJersey : \n\nSir \xe2\x80\x94 On behalf of the Commissiouers appointed to locate and mark \nout by stakes and buoys the true boundary line between New York \nand New Jersey in lands under water in Raritan bay, and by their \ndirection, I have the honor herewith to transmit to the Legislature a \nreport of their proceedings, both in separate session and in joint con- \nference with the Commissioners a])pointed for a like purjiose by the \nState of New York, together with a descrij)tion of the line agreed \nupon and a statement as to the number and location of the buoys set. \nVery respectfully, \n\nR. C. BACOT, \n\nDecember 20th, 1887. Secretary New Jersey Commission. \n\n(3) \n\n\n\nREPORT. \n\n\n\nTo the Legislature of the State of New Jersey : \n\nThe Commissioners appointed by the Governor[of the State\'of New \nJersey, under authority of a joint resolution passed in 1886, to locate \nand mark out the true boundary line between New York and New \nJersey in lands under water in Raritan bay, respectfully submit a \nreport of their proceedings, together with a descri])tion of the line \ndetermined upon and a copy of the agreement made with the Cona- \nmissioners appointed for a like purpose on the part of New York. \n\nThe authority under which the Commissioners have conducted this \nwork is derived from the resolution above mentioned, which rosolu- \ntion is as follows : \n\nJOINT EE80LUTION. \n\n" Joint Resolution authorizing the appointment of a commission to \nlocate and mark out the boundary line betAveen the state of New \nJersey and the state of New York in Raritan bay. \n\n" Whereas, Disputes are constantly arising between citizens of \nthis state and citizens of the state of New York, engaged in shell \nfisheries in Raritan bay, as to the boundary line between the two \nstates in land under water in Raritan bay ; and whereas, that by rea- \nson of the absence of any means to locate the boundary line, there \nexists an uncertainty about the location thereof between the state of \nNew Jersey and the state of New York, as defined in the act entitled \n\'An act for the settlement of the territorial limits and jurisdiction \nbetween the states of New Jersey and New York,\' passed the sixth \nday of February, one thousand eight hundred and thirty-three; now, \ntherefore, \n\n" Sec. 1. Be it resolved by the Senate and General Assembly of \nthe State of New Jersey, That the governor of this state be and he is \nhereby authorized to appoint three commissioners, with power on the \npart of the state to meet any autiioritics of the state of New York \nwho may be duly authorized, and with them to locate and mark out \nby proper buoys the boundary line between the two states in laud \n\n(5) \n\n\n\n6 NEW JERSEY BOUNDARY COMMISSION. \n\nunder water in Raritan bay ; that the expenses of said commission \nshall be paid by the treasurer, on the warrant of the comptroller, after \nfirst being approved by the governor. \n\n" Sec. 2. That this resolution take eifect immediately." \n\nPursuant to the resolution above mentioned, His Excellency Gov- \nernor Green appointed Robert C. Bacot, A. B. Stoney and George H. \nCook as the committee on the part of New Jersey. \n\nThe Commissioners on the part of New York were appointed by \nHis Excellency Governor Hill under an act passed in 1887, the text \nof which is as follows : \n\n\n\nLAWS OF NEW YORK, BY AUTHORITY, CHAPTER 69. \n\n"An Act for the settlement of territorial disputes in regard to the \nlands under water in Raritan bay. \n\n"Passed March 15th, 1887, three-fifths being present. \n\n" The People of the State of New York, represented in Sen- \nate and Assembly, do enact as follows : \n\n"Sec. 1. The governor shall appoint three commissioners, who \nshall have full power, on the part of the state of New York, to meet \nthe commissioners appointed or to be appointed by the state of New \nJersey, and with them locate and mark out, by proper monuments \nand buoys, the true boundary line between the two states in lands \nunder water in Raritan bay. \n\n" Sec. 2. The said commissioners, within one year from the passage \nof this act, shall file with the secretary of the state of New York, a \nmap showing such boundary line. \n\n" Sec. 3. The expenses of the said commissioners, not exceeding \none thousand dollars, shall be paid by the treasurer, upon the warrant \nof the comptroller, after being first approved by the governor. \n\n" Sec. 4. This act shall take effect immediately." \n\n" State of New York, \\ \n\n" Office of the Secretary of State, / ^^\' \n\n" I have compared the preceding with the original law on file in \nthis office, and do hereby certify that the same is a correct transcript \ntherefrom and of the whole of said original law. \n\n"FREDERICK COOK, \n\n"Secretary of State." \n\nBefore proceeding to give in detail the operations of the Commis- \nsioners thus authorized and appointed, it may be well to state the \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 7 \n\ncauses that led to the enactment of the laws under which the Com- \nmissions were created. \n\nThe great value of the lands under water in Raritan bay for the \ncultivation of oysters became apparent early in the present century. \nThe long, shallow, land-locked bay, subject to the constant ebb and flow \nof ocean tides and fed by many fresh-water streams, possessed every \nrequisite necessary for the successful and profitable cultivation of \nevery variety of shell-fish. The salt water was their natural ele- \nment ; the fresh-water streams brought an abundance of animal and \nvegetable life necessary for their growth and development, and the \nhard, sandy bottom of the bay afforded a bed upon which they could \nbe planted with security. \n\nBeds of natural growth, where oysters grew in great abundance, \nwere found by the first settlers, and for a long time these proved suffi- \ncient to satisfy the wants of the scanty population. But the increas- \ning demand resulting from the rapid growth of population in the \ninterior, and the consequent danger of depletion and exhaustion of \nthe natural beds from over-fishing, rendered some method of artificial \npropagation imperative, and about 1810 oysters were first planted and \ncultivated. At first, all the lands under water in the bay were con- \nsidered as common to the residents of both States, and no attempt \nwas made to divide them according to State lines. Only when the \nindustry began to grow in importance, and the lands, consequently, to \nincrease in value, did local jealousies arise and disputes between citi- \nzens of New York and citizens of New Jersey become common. \n\nThese disputes soon grew to be of a serious nature, and sometimes \nended in bloodshed. Especially was this so after legislative enact- \nments had been passed by each State making it a misdemeanor for \ncitizens to take or cultivate oysters in the waters of the other State. \nNo attempt, however, was made to locate or define the boundary line \nuntil 1834, when an agreement was made and ratified between the \ntwo States, by which the boundary line was said to be " the middle \nof the bay to the main sea." This, though vague, was sufficiently \ndefinite for a long time. The rapidly-increasing number of planters \nand the great demand for oyster-lands soon led to the occupation, in \nthe most valuable part of the bay, of every availal)le piece of ground, \nand the indefinite nature of the description of the boundary line given \nin the agreement of 1834 became a source of constant dispute. \n\nThe agreement, it is true, stated that the boundary line should be \n\n\n\n8 NEW JERSEY BOUNDARY COMMISSION. \n\nthe middle of the bay ; and were both shores perfectly straight this \nwould have been a line easily located, but where the shores were \nalternately coves and projecting points, the question of determining \na just, central boundary was one of great difficulty. \n\nWhether, in dividing the bay, the areas of coves should be taken \ninto consideration, or whether lines should be drawn from head- \nland to headland and used as base-lines from which the area of \nthe bay should be computed and divided, were the questions first to \nbe settled before any satisfactory boundary line could be located and \ndefined. \n\nIt was impossible for those directly interested and at work in the \nbay to arrive at any conclusion as to where the boundary ought to \nbe, that would be mutually satisfactory, and petitions numerously \nsigned were frequently sent to the Legislatures of the two States by \nthe oystermen, praying that some means be taken to establish such a \nline, but nothing was done until 1886, when the law creating the \npresent New Jersey Commission was passed. \n\nNew York followed, in 1887, with a like enactment, and this dis- \npute of so long standing became now in a fair way to be finally \nsettled. \n\n\n\nPROCEEDINGS OF THE lOINT COMMISSION. \n\n\n\nFIRST MEETING. \n\nMinutes of the first meeting of the Joint Commission to locate the \nboundary line between New York and New Jersey in lands under \nwater in Raritan bay, held at the Astor House, New York city, \nApril 29th, 1887. \n\nPresent \xe2\x80\x94 Prof. George H. Cook, Robert C. Bacot and A. B. \nStoney, on the part of New Jersey ; and Robert Moore and Lieut. \nG. C. Hanus, on the part of New York, Mr. Ha^eltine, of New \nYork, being absent. \n\nPermanent organization was effected by the election of A. B. \nStoney, chairman, and Edward P. Doyle, secretary. \n\nMr. Robert Moore then offered the following resolution, which wa\xc2\xbb \nunanimously adopted : \n\nResolved, That Robert C. Bacot, of New Jersey, and Lieut. G. C. \nHanus, U. S. N., of New York, be appointed a committee to examine \nthe records and collect and prepare the information, with the assist- \nance of the Secretary, necessary for the use of the Commission, and \nthat they be authorized to expend the necessary moneys for traveling \nand incidental expenses. \n\nOn motion of Robert Moore, three maps were ordered from the \nU. S. Coast and Geodetic Survey, for the use of the Commission. \n\nOn motion. Prof. Cook and Lieut. Hanus were appointed a com- \nmittee to communicate with the Light-House Board and request that \nthe Board furnish the Commission with the necessary buoys. \n\nOn motion, the Secretary was authorized to procure the stationery \nnecessary for the use of the Commission. \n\nThe Secretary was directed to communicate with Governor Green \nand procure from him a copy of the papers sent him by Colonel Rice, \nrelative to the New York Commission, \n\n(9) \n\n\n\n10 NEW JERSEY BOUNDARY COMMISSION. \n\nOn motion, meeting adjourned to meet May 9th, 1887, at 1 o\'clock, \nat 47 Montgomery street, Jersey City, New Jersey. \n\nEDWARD P. DOYLE, \n\nSecretary Joint Commission, \n\nNew York and New Jersey. \n\n\n\nSECOND MEETING. \n\nMay 9th, 1887. \n\nMinutes of the second meeting of the Joint Commission to deter- \nmine the boundary line between New York and New Jersey, in lands \nunder water in Raritan bay. \n\nPresent \xe2\x80\x94 A. B. Stoney, of New Jersey, chairman ; Robert C. Bacot \nand George H. Cook, of New Jersey ; Lieut. G. C. Hanus, U. S. N. ; \nM. W. Hazeltine and Robert Moore, of New York. \n\nLieut. Hanus reported on behalf of the committee appointed to \ncollect and prepare information necessary for the use of the Commis- \nsion, that the committee had visited Washington and had obtained \nmuch information but had not yet finished its work, and desired to \nreport progress and ask for additional time. \n\nThe request for additional time was granted and the committee \ncontinued. \n\nProf. Cook, on behalf of the committee appointed to request the \nLight-House Board to lend Commission certain assistance, reported \nthat the committee had called on the Secretary of the Board at Wash- \nington, and had found him adverse to granting the request, but the \ncommittee believe that the request would be ultimately granted. He \ndesired to report progress and ask for additional time. The request \nwas granted and the committee continued. \n\nAfter some discussion the Commission then adjourned to meet \nMonday, May 16th, 1887, at 12 o\'clock m., at the Astor House, New \nYork. \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 11 \n\n\n\nTHIRD MEETING. \n\nMay 16th, 1887. \nMinutes of the third meeting of the Joint Boundary Commission \nto locate the true boundary line between New York and New Jersey, \n:in lands under water in Raritau bay. \n\nMeeting called to order by Prof. G. H. Cook in the absence of Mr. \nStoney. \n\nPresent \xe2\x80\x94 Prof. George H. Cook and Robert C. Bacot, on the part \nof New Jersey; Robert Moore, M. W. Hazeltine and Lieut. G. C. \nHanus, U. S. N., on the part of New York. \xc2\xab \n\nIn the absence of Mr. Doyle, Robert Moore acted as Secretary. \nNo business was transacted, and the meeting adjourned subject to the \ncall of either of the chairmen of committees. \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nFOURTH MEETING. \n\nMay 26th, 1887. \n\nMinutes of the fourth meeting of the Joint Commission to locate \nthe true boundary line in lands under water in Raritan bay. \n\nMeeting called to order by Prof. George H. Cook in the absence of \n^Ir. Stoney. \n\nPresent \xe2\x80\x94 George H. Cook and Robert C. Bacot, on the part of \nNew Jersey ; and Robert Moore, M. W. Hazeltine and Lieut. G. C. \nHanus, on the part of New York. \n\nMinutes of the last meeting read and approved. \n\nLieut. G. C. Hanus, from the committee appointed to collect and \nprepare the information necessary for the use of the Commission, \nmade the following report : \n\nJoint Boundary Commission, New York and New Jersey : \n\nGentlemen \xe2\x80\x94 Haviug been appointed by you as a committee to \ncollect and prepare information necessary for the use of the Commis- \nsion we have the honor to report that we have made a very extensive \nsearch for a precedent which might be of use in this case. We have \nvisited the libraries in New York city, consulted a great number of \nauthorities and made a personal investigation among the archives of \nthe State Departments at Washington, Albany and Trenton. Several \n\n\n\n12 NEW JERSEY BOUNDARY COMMISSION. \n\nhundred books, pamphlets and maps, bearing on boundary settlements^ \nwere examined by your committee. It will be seen from the follow- \ning extracts that this Commission will have to establish a very im- \nportant precedent, i. e., they will have to define what is meant by the \nmiddle of an arm of the sea where (as in this case) the shores are \nnot parallel, and where the value of land under water has to be taken \ninto consideration. \n\nThe committee have made such a thorough investigation that they \nfeel justified in reporting to the Joint Commission that the point as \nto what constituted the middle has never before been settled. The \nfollowing are a few of the extracts made by your committee and may \nbe of some slight use in the settlement of our boundary : \n\nAMERICAN INTERSTATE LAW (dAVID RORER), IOWA, PAGES 334 \n\nand 335. \n\nTIDE-WATERS. \n\n" 2. The shores of any ground under the navigable waters, belong \nto the States, not by grant from the general government, but because \nthey were never parted with. * * * But this ownership, or \nright of the several States, is subject to the national government in \nreference to a regulation of commerce." \n\nThis paragraph is quoted because it shows that in defining our \nboundary line we must confine ourselves to the use of buoys. Monu- \nments would be obstructions to navigation. \n\nParagraph 3 of the above work says : \n\n" When two States have co-terminous boundaries on such water, \neach takes jurisdiction, and counties of such States expressed to be \nbounded by such waters will be held to extend such boundaries in \nthe center of the river of water, although in the law creating them, \nthey may be said to extend to low-water mark. * * * Each \nState and its citizens has the exclusive right of fishery in its own \ninternal waters and may prevent the taking thereof by citizens of \nother States." \n\nOn page 337, in speaking of rivers, the author says : " The actual \nterritorial boundary of each State is the main channel of the river."^ \nIt will be noted that in the case of other waters the vague term \n\'\' center " is used. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 13 \n\nGould on Waters, sec. 4 : "By law of England the Crown has the \nright of property in the arms of inlets of the sea within the realm ; \n* * * this right includes the bed of all tide-waters which are or \nmay be within the counties. * * * Xhe territorial jurisdiction \nof a State now extends seaward three geographical miles. * * * \nThis external limit of jurisdiction is determined by measuring seaward \nfrom a straight line drawn from one inclosing headland to another." \n\nNew York R. S., 3d ed., 78, 79 : " Whenever two counties are \nseparated from each other by a river or creek, the middle of the \nchannel is the dividing line," &c. \n\nCourt of Appeals (Joel TitFany), New York and Conn, (speaking \nof the boundary) : " So far as the two States are co-terminous it ex- \ntends to the middle of the sound, if not to a line running directly \nfrom Fisher\'s Island to Lyon\'s Point." \n\nUnited States Digest, vol. 3. New Hampshire, page 146 : \n" Where two towns are situated on opposite sides of a river and both \nare bounded on the river, the line between them is the center of the \nriver, measuring from bank to bank." \n\n" Revised Statutes of Maine, 1883." This work is referred to \nbecause it shows how boundaries have been run in that State where \nthe shores of the waters are not parallel, as is the case in Raritan bay. \nThev generally ran from fixed points on compass courses to other \npoints. \n\nNew Jersey Digest of Reports, 1790 to 1876, Mart. 1, page 104 : \n" The Supreme Court of the United States has exclusive jurisdiction \nbetween States, except where there has been a compact. * * * \nWhether a particular place is within the boundaries of a State is a \nquestion of fact for a jury." \n\n"Angell on Tide-waters." This volume, while it does not bear \ndirectly on our case, contains useful information on the subject of \nheadlands, to the right of fishing, oysters, &c. \n\n" In Error to the Circuit Court of United States, District of New \nJersey. Defendant in error, the lessee, William C. H. Wardell, \ninstituted, April term, 1835, an action for ejectment against M. Maz- \nlin and others for recovery of certain lands under water in Raritan \nbay, in the State of New Jersey. The jury found the premises in \ndispute are situated beneath the waters of the Raritan bay and river, \nwhere the tide ebbs and flows. That the plaintiffs in the ejectment \nclaimed title under regular conveyance, &c., &c., and, in short, they \n\n\n\n14 NEW JERSEY BOUNDARY COMMISSION. \n\nowned everything under original charter granted to the Duke of \nYork." \n\nHoward\'s Reports, vol. 7, page 660, Missouri Constitution : " From \na point in the middle of the Kansas river, * * * running due \nnorth along a meridian line to the intersection of the parallel of lati- \ntude," &c., &c. \n\nThis paragraph is quoted because the boundary is defined by com- \npass course instead of following the middle of the river, which it is \nso difficult to define. \n\nHoward\'s Reports, vol. 4, Rhode Island v. Massachusetts, pages \n691 and 692 : \'\' For the security of rights, whether of States or indi- \nviduals, long possession, under a claim of title, is protected. And \nthere is no controversy in which this great principle may be invoked \nwith greater justice and propriety than in a case of disputed bound- \nary." \xe2\x80\x94 (Supreme Court.) \n\n"The Boundary of Connecticut. Bowen. Disputes lasting 250 \nyears." In the map in this pamphlet, showing the boundary between \nNew York and Connecticut, the boundary line is straight and as near \nthe center of the sound as may be until near Fisher\'s Island sound,, \nwhen changes of course are made, but always in straight lines ; the \nboundary line is never a curve. \n\nNorth American Boundary A, page 41, House of Representatives, \nMaine, a line to be drawn along the middle of the river St. Croix. \nIn connection with this expression, there is this foot-note on page 27 : \n\n" The term \' concipictus \' appears to point to the general practice of \ncommunicating between the St. Croix and Quebec by way of the \nrivers, as if it were said the practice hitherto has been to go circuit- \nously by the rivers, but the true boundary is to be conceived as a \nstraight line. \n\n" \' The Norway \' v. Jensen, 52 Illinois Reports 373, 380. In Illi- \nnois the lines of counties bordering on Lake Michigan have no por- \ntion of the waters of the lake assigned to them, yet the territorial \nlimits of the State extend to the center line of said lake." \n\nWe also recommend to the Commission the following works ; \nTuler\'s Law of Boundaries, Vattel\'s Law of Nations, Kent\'s Com- \nmentaries and the case of The People v. The Central R. R. Co. of \nN. J., 42 N. Y. Reports 283-316. \n\nThe committee required a longer time to complete its researches \nthan the extracts from the works quoted might warrant, but we \nrespectfully call attention to the fact that from the greater number of \n\n\n\n% \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 15 \n\nauthorities consulted no extracts were made, since nothing was found \nin them which in any way bore on the work of this Commission, and \neven if you were inclined to grant your committee further time, they \nare now fully convinced that they would be unable to find anything \nfurther bearing on this case. \n\nVery respectfully, \n\nR. C. Bacot, \n\nG. C. Hanus, Lieutenant U. S. Navy. \n\nOn motion of Robert Moore, the report of the committee waa \nreceived and placed on file. \n\nOn motion of Robert Moore, it was unanimously \n\nResolved, That the question as to how the vote of the Commissions \nshall be counted, be referred to the separate Commissions to report at \nthe next meeting. \n\nOn motion of M. W. Hazeltine, the Chair was directed to appoint \na committee of two, one from each State, to compute the areas of the \nwaters of both States included in the treaty of 1834, and also to deter- \nmine the headlands to be taken as forming points on each shore from \nwhich calculation should be made of areas of coves. \n\nBill of the United States Coast and Geodetic Survey for $42.86, \nfor a projection of Raritan bay, was ordered paid. \n\nLieut. G. C. Hanus, from the committee appointed to confer with \nthe Light-House Board in relation to procuring buoys, &c., free of \ncharge, reported progress, and asked to be continued, which request \nwas granted. \n\nThe Commission then adjourned to meet at the call of either of the \nchairmen of committees. \n\nEDWARD P. DOYLE, \n\nSeeretary. \n\n\n\nFIFTH MEETING. \n\nJuly 11th, 1887. \nMinutes of fifth meeting. \n\nPresent \xe2\x80\x94 A. B. Stoney, on the part of New Jersey, and Lieut. G. \nC. Hanus, U. S. N., and Robert Moore, on the part of New York. \nThere not being a quorum present, adjourned to meet at call of \n\nSecretary. \n\nEDWARD P. DOYLE, \n\nSecretary, \n\n\n\n16 NEW JERSEY BOUNDARY COMMISSION. \n\n\n\nSIXTH MEETING. \n\nSixth meeting of Joint Boundary Commission, held Wednesday \nAugust 17th, 1887, at 1 p. m. \n\nPresent \xe2\x80\x94 M. W. Hazel tine, Robert Moore and Lieut. G. C. Han us, \non the part of New York, and George H. Cook, Robert C. Bacot \nand A. B. Stoney, on the part of New Jersey. \n\nMeeting called to order by Chairman Stoney, and minutes of last \nmeeting read and approved. \n\nCommittee appointed to ascertain area of land under water in \nRaritan bay, and to determine the headlands to be used as primary \npoints in locating the boundary, reported disagreement, and presented \ntwo maps, one prepared by Lieut. Hanus and the other by Mr. Bacot. \n\nA long discussion followed, but no action was taken on the report. \n\nOn motion of Mr. Hazeltine, Captain Hanus and Prof. Geo. H. \nCook were appointed a committee and authorized to visit Washing- \nton, and endeavor to ascertain what were the headlands forming the \nentrance to Raritan bay. \n\nOn motion of Mr. Hazeltine, it was carried that in the event of but \ntwo members of the Commission from one State being present, they \nshould be entitled to cast the vote of the State. \n\nMoved by Mr. Hazeltine, and carried, that four members of the \nJoint Commission shall constitute a quorum, provided that the four \nshall be present, and at least two members from each State. \n\nOn motion, meeting adjourned to meet Saturday, August 27th, 1887, \nat 1 P. M. \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nSEVENTH MEETING. \n\nSeventh meeting of the Joint Boundary Commission held Satur- \nday, August 27th, at 1 p. m. \n\nPresent \xe2\x80\x94 George H. Cook, A. B. Stoney and R. C. Bacot, on the \npart of New Jersey, and Robert Moore and Lieut. G. C. Hanus, U. \nS. N., on the part of New York. \n\nMeeting called to order by Chairman Stoney, and minutes of last \nmeeting read and approved. \n\n\n\nd&Beacoro \n\n\n\n\nV \n\n\n\n^. \n\n\n\no \n\n\n\n\'^>. \n\n\n\n^nover Beacon \n\n\n\n^ \n\n\n\nChapelHill Beacon \n\n\n\nO. \n\n\n\no \n\n\n\n\' A^ \n\n\n\nJ" \n\n\n\nfy, \n\n\n\n%. \n\n\n\n\'/, \n\n\n\n<? \n\n\n\n^. \n\n\n\n\n\n\n\n\n\n\n\n\nJ. L. MURPHY, STATE PRINTER, TRENTON, N.J. \n\n\n\n\n1 \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 17 \n\nIn behalf of the special committee appointed to visit Washington \nand endeavor to ascertain the headlands forming the entrance to Rari- \ntan bay, Prof. George H. Cook, of New Jersey, reported that the com- \nmittee had visited Washington, and called at the office of the Secretary \nof State, but could get no information that would tend to settle the \nquestions in dispute. \n\nOn motion of Robert Moore, the report was received and the com- \nmittee continued. \n\nOn motion of Robert Moore, it was ordered that when the Com- \nmission adjourned it adjourn to meet at Perth Amboy, N. J., on \nTuesday, September 6th, 1887, at 9 a. m., for the purpose of taking \na steamer and visiting Raritan bay. \n\nOn motion of Lieut. Hanus, Commission adjourned. \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nEIGHTH MEETING. \n\nEighth meeting of the Joint Boundary Commission, on board the \ntug M. F. Cahill, Tuesday, September 6th, 1887. \n\nAfter a trip through Raritan bay, during which a number of ob- \nservations were taken by Lieut. Hanus, and much valuable informa- \ntion obtained, the Commissioners met in the cabin of the tug. \n\nThe Commissioners present were Lieut. G. C. Hanus, U. S. N., \nand Robert Moore, on the part of New York, and A. B. Stoney, \nRobert C. Bacot and George H. Cook, on the part of New Jersey. \n\nMinutes of last meeting read and approved. \n\nOn motion, Lieut. G. C. Hanus and Robert C. Bacot were appointed \na committee to locate and designate the point where the break in the \nboundary line between Great Beds light and Romer beacon should \nlie, it having been informally agreed upon by the Commissioners that \nthe line from Great Beds to Romer beacon should have but one turn- \ning point. \n\nOn motion, meeting adjourned subject to call of chairman of com- \nmittee. \' \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. \n\n\n\nNINTH MEETING. \n\nNinth meeting of the Joint Boundary Commission, held Wednes- \nday, September 21st, at 47 Montomery street, Jersey City, New \nJersey. \n\nPresent \xe2\x80\x94 Robert C. Bacot and George H. Cook, on the part of \nNew Jersey ; and Robert Moore and Lieut. G. C. Hanus, U. S. N., \non the part of New York. \n\nIn the absence of A. B. Stoney, the meeting was called to order by \nRobert Moore, and, on motion, Prof. George H. Cook was made \nChairman pro tern. \n\nThe minutes of the previous meeting were read a"nd approved. \n\nThe committee appointed to locate the point at which the only \nbreak in the boundary line should occur, reported that they had \nagreed upon a point at the intersection of a line drawn from Morgan \nNo. 2 point, U. S. Coast and Geodetic Survey, to the " Romer stone \nbeacon," and a line drawn from Great Beds light-house to Wilson\'s \nbeacon, in Monmouth county. \n\nOn motion, the report of the committee was adopted. \n\nAfter a long discussion, the following-described line was then \nunanimously agreed upon as the boundary line between the two States, \nin lands under water in Raritan bay. \n\nFirst. From " Great Beds light-house," in Raritan bay, north, \ntwenty degrees sixteen minutes west, true, to a point in the middle of \nthe waters of Arthur Kill, or Staten Island sound, equidistant between \nthe southwesterly corner of the dwelling-house of David C. Butler, \nat Ward\'s Point, on Staten Island, in the State of New York, at the \nsoutheasterly corner of the brick building on the lands of Cortlandt \nL. Parker, at the intersection of the westerly line of Water street \nwith the northerly line of Lewis street, in Perth Amboy, in the State \nof New Jersey. \n\nSecond. From " Great Beds light-house" south, sixty-four degrees \nand twenty-one minutes east, true, (S. 64\xc2\xb0 21\' E.), in line with the \ncenter of Waackaack or Wilson\'s beacon, in Monmouth county, New \nJersey, to a point at the intersection of said line with a line connect- \ning " Morgan No. 2 " Triaugulation Point, U. S. Coast and Geodetic \nSurvey, in Middlesex county. New Jersey, with the "Granite and Iron \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. lf> \n\nbeacon," marked on the accompanying maps as " Romer stone beacon," . \nsituated on the " Dry Romer shoal ; " and thence on a line bearing \nnorth, seventy-seven degrees and nine minutes east, true, (N. 77\xc2\xb0 9\' \nE.), connecting "Morgan No. 2" Triangulation Point, U. S. Coast \nand Geodetic Survey, in Middlesex county. New Jersey, with said \n" Romer stone beacon " (the line passing through said beacon and \ncontinuing in the same direction), to a point at its intersection with a \nline drawn between the " Hook beacon," on Sandy Hook, New Jer- \nsey, and the Triangulation Point of the U. S. Geodetic Survey^ \nknown as the Oriental Hotel, on Coney Island, New York ; then \nsoutheasterly, at right angles with the last-mentioned line, to the \nmain sea. \n\nThird. The monumental marks by which said boundary line shall \nbe hereafter known and recognized, are hereby declared to be as \nfollows : \n\n1. The "Great Beds light-house." \n\n2. A permanent monument marked "State Boundary Line New York \n\nand New Jersey," and to be placed at the intersection of the line \ndrawn from the "Great Beds light-house" to Waackaack or \nWilson\'s beacon, Monmouth county. New Jersey, and the line \ndrawn from " Morgan No. 2 " Triangulation Point, U. S. Coast \nand Geodetic Survey, in Middlesex county, New Jersey, to the \n"Romer stone beacon." \n\n3. Eight buoys or spindles, to be marked like the permanent monu- \n\nment above mentioned, and placed at suitable intervening points \nalong the line from the said permanent monument to the " Romer \nstone beacon." \n\n4. The " Romer stone beacon." \n\nFourth. The maps accompanying and filed with this agreement \nshowing the location of the above-described boundary line between \nthe State of New York and the State of New Jersey, in Raritan bay \nto the main sea, and of the monumental marks by which it is marked \nand to be marked, duly authenticated and attested by the signatures \nof the said Commissioners, and placed on file in the offices of the \nSecretaries of State of the respective States, shall constitute the perma- \nnent and authentic records of said boundary line, and are hereby \nadopted by the parties hereto and made part of this agreement. \n\n\n\n\xe2\x96\xa020 NEW JERSEY BOUNDARY COMMISSION. \n\nOn motion, the Secretary was directed to endeavor to arrange a \nmeeting between Governor Hill, of New York, and Governor Green, \nof New Jersey. \n\nOn motion, the Committee on Buoys were requested to visit Com- \nmodore Benham and ascertain what could be arranged with the Light- \nHouse Department, as to procuring buoys and setting them. \n\nOn motion, meeting adjourned subject to call of the Committee on \n\nBoundary Lines. \n\nEDWARD P. DOYLE, \n\nSecretary. \nApproved after amendment. \n\n\n\nTENTH MEETING. \n\nMinutes of tenth meeting of the Joint Boundary Commission, \nNew York and New Jersey, held October 12th, 1887, at 39 Nassau \nstreet, New York. \n\nPresent \xe2\x80\x94 George H. Cook, Robert C. Bacot and A. B. Stoney, on \nthe part of New Jersey, and Robert Moore, M. W. Hazeltine and \nLieut. G. C. Hanus, U. S. N., on the part of New York. \n\nThe meeting was called to order by the Chairman, and the minutes \nof the previous meeting were read and approved. \n\nThe Secretary then reported that he had visited Albany and spoken \nto the Governor as directed, and that he, the Governor, while unable \nat present to help the Commission, was favorably impressed with its \nwork and would render what he could in the future. On motion, the \nreport of the Secretary was accepted. \n\nLieut. Hanus, from the committee on buoys, &c., reported that the \nLight-House Board of the United States had agreed, in a letter, \nwhich he read to the Commission, to sell the buoys needed to the \nCommission at cost, and to loan a " tender " to place them. He also \nreported a plan for a permanent monument, to be erected at the \nturning point in the boundary line ; and that the committee had \ninterviewed Governor Green, who agreed to approve the bills for the \nexpense necessary for the purchase of buoys and the erection of \nmonument. \n\nOn motion of Robert Moore, the report of the committee was \naccepted with the thanks of the Commission, and the committee \n-continued. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 21 \n\nOn motion of M. W. Hazeltine, in was unanimously \n\nResolved, That Robert C. Bacot and Lieut. G. C. Hanus be given \nfull authority, on behalf of the Commission, to place the eight buoys \non the line agreed upon, at such points as shall, in their judgment, \nseem proper. \n\nOn motion of George H. Cook, it was unanimously \n\nResolved, That the same committee (Messrs. Hanus and Bacot) be \ngiven full authority, on behalf of the Commission, to build a per- \nmanent monument at the point agreed upon in boundary agreement^ \nupon a plan not diiferent as to its general character from the one sub- \nmitted to the Commission by the Committee on Buoys, at a cost not ta \nexceed four thousand dollars ($4,000), one-half of which sum should \nbe paid by New Jersey and the other half by New York. \n\nOn motion of M. W. Hazeltine, it was unanimously \n\nResolved, That the same committee (Messrs. Hanus and Bacot) be \ngiven full authority, on behalf of the Commission, to arrange for the \npurchase of eight buoys, at a cost not to exceed four thousand dollars \n($4,000) in all, one-half of which sum should be paid by New York \nand one- half by New Jersey. \n\nOn motion of M. W. Hazeltine, it was carried that the Commis- \nsioners now proceed to formally sign the agreement in duplicate^ \nsetting forth the boundary line as determined upon at the last meet- \ning of the Commission. \n\nAfter the agreement had been signed, on motion of George H. Cook,, \nit was carried that the compensation of the Secretary for his services \nto the Joint Commission should be five hundred dollars ($500), half \nof which sum should be paid by New Jersey and half by New York. \n\nOn motion, meeting adjourned subject to the call of the Committee \non Purchase of Buoys, &c. \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nELEVENTH MEETING. \n\n\n\nMinutes of eleventh meeting, Joint Boundary Commission, held \nMonday, October 31st, 1887, at 47 Montgomery street, Jersey City^, \nNew Jersey. \n\n\n\n22 NEW JERSEY BOUNDARY COMMISSION. \n\nPresent \xe2\x80\x94 Robert C. Bacot and George H. Cook, on the part of \nNew Jersey ; Robert Moore and Lieut. G. C. Hanus, on the part \nof New York. \n\nOn motion of Robert Moore, George H. Cook was elected Chairman \npro tern. \n\nMinutes of last meeting were then read and approved. \n\nLieut. Hanus informed the Commission that he had received \na letter from the Acting Secretary of the Navy, informing him that \nhis services were needed by the department, and that he must state \nwhen he would rejoin his ship. In reply to this letter he had given \nMonday, November 7th, 1887, as the date required. In view of this \nhe asked that someone be substituted in his stead on the Commission \non Buoys, &c. \n\nOn motion, Robert Moore was appointed such substitute, to act in \nthe event Lieut. Hanus should be obliged to leave the Commission. \n\nMr. Hanus, from the Committee on Buoys, reported that bids had \nbeen received from four parties for building the permanent monu- \nment, but that all bids were in excess of the amount allowed for that \npurpose by resolution of the Joint Commission. \n\nOn motion of Robert Moore, the resolution fixing the amount \nallowed for the permanent monument at $4,000, was reconsidered, \nthe resolution amended making the amount $6,000, and the amended \nresolution adopted. \n\nOn motion, the Commission directed the committee to use iron for \ncasing the permanent monument. \n\nThe committee were authorized to advertise for bids if necessary. \n\nOn motion, meeting adjourned subject to the call of the Chair. \n\nEDWARD P. DOYLE, \n\nSecretary. \n\n\n\nTWELFTH MEETING. \n\nMinutes of twelfth meeting New York and New Jersey Boundary \nCommission, held at 47 Montgomery street, Jersey City, N. J., \nNovember 30th, 1887. \n\nPresent \xe2\x80\x94 Robert C. Bacot, George H. Cook and A. B. Stoney, on \nthe part of New Jersey; Robert Moore and Lieut. G. C. Hanus, on \nthe part of New York. \n\nMinutes of last meeting read and approved. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 23 \n\nProf. G. H. Cook reported that application was made by the Com- \nmission immediately after the meeting of October 31st, to the Secre- \ntary of the Navy, for additional leave of absence for Lieut. Hanus, and \nthat Secretary Whitney had kindly granted further leave until Decem- \nber 4th, 1887. \n\nLieut. Hanus, from the Committee on Buoys, re])orted as follows : \n\nGentlemen \xe2\x80\x94 I have the honor to report that the position of the \npermanent beacon has been properly located on the ground. Mr. W. \nG. Ford, Jr., assisted me in its location. It is marked by five stakes, \nthe center one having a red flag nailed to it. As this position is very \nimportant, I subsequently planted a second-class wooden spar-buoy on \nthis spot, with the aid of the light-house tender. It is not likely that \nthe ice will carry this buoy away, as it is well moored to a heavy stone \nanchor. The following horizontal angles determine its position, which \nis shown on the regular maps of the Commission : \n\nWilson beacon to Prince\'s Bay light-house, 99\xc2\xb0 41\' 30". \n\nPrince\'s Bay light-house to Episcopal spire (Perth Amboy), 64\xc2\xb0 9\'. \n\nEpiscopal spire (Perth Amboy) to front (shown on map), 83\xc2\xb0 14\'. \n\nFront to Wilson beacon, 112\xc2\xb0 55\' 30". \n\nThrough the kindness of the Light-House Board, I was enabled to \nplant all the buoys without much difficulty, as the expense would have \nbeen greatly increased had I attempted to do this work alone, owing \nto drift, due to tide or wind. I was fortunate enough to secure the \nservices of one of my former assistants. Ensign G. R. French, U. S. \nN., and having thus two observers, we had no difficulty in dropping \nthe buoys in the desired places on the boundary line. The buoy \nnearest the monument was placed in the position marked on the map. \nIt is a second-class wooden buoy. The following horizontal angles \ndetermine its position : \n\nCupola to Dental chimney (both shown on map), 113\xc2\xb0 37\'. \n\nDental chimney to Episcopal spire (Perth Amboy), 71\xc2\xb0 3\'. \n\nThe third buoy planted was an iron spar-buoy of the third class ; \nits position is shown on the map. The following angles determine its \nposition : \n\n\n\n24 NEW JERSEY BOUNDARY COMMISSION. \n\nDental chimney to Prince\'s Bay light-house, 22\xc2\xb0 55\'. \n\nPrince\'s Bay light-house to Episcopal spire (Perth Amboy), 25\xc2\xb0 34\'. \n\nGreat Beds to White spire (shown on map), 72\xc2\xb0 16\'. \n\nThe fourth buoy planted was an iron spar-buoy of the third class ;. \nits position is determined by the following horizontal angles : \n\nGreat Beds light-house to Bayside beacon, 124\xc2\xb0 34\'. \n\nBayside beacon to Sandy Hook light-house, 42\xc2\xb0 5\'. \n\nThe fifth buoy planted was an iron spar-buoy of the third class f \nits position is determined by the following horizontal angles : \n\nElm Tree beacon to Prince\'s Bay light-house, 96\xc2\xb0 6\'. \n\nPrince\'s Bay light-house to Brown spire (shown on map), 62\xc2\xb0 22\'. \n\nThe sixth buoy planted was an iron spar-buoy of the third class ; \nits position is determined by the following horizontal angles : \n\nElm Tree beacon to Prince\'s Bay light-house, 92\xc2\xb0 6\'. \n\nPrince\'s Bay light-house to Brown spire, 50\xc2\xb0 49\'. \n\nAll the above buoys are painted white above the line of flotation \nand green under water. \n\nThe seventh buoy is a wooden can, and can be replaced by an iron \nspar. Its position is determined by the following horizontal angles r \n\nElm Tree beacon to Prince\'s Bay light-house, 74\xc2\xb0 32\'. \n\nPrince\'s Bay light-house to brown spire, 39\xc2\xb0 37\'. \n\nAs all the above buoys are on the boundary line, it is an easy mat- \nter now at any time to increase the number by getting the buoys on \nrange and dropping others. They would be on the boundary line, and \ntheir position on that line could be determined near enough for prac- \ntical purposes by compass bearings, unless it became necessary to de- \ntermine the position exactly, in which case it would be necessary to \nemploy hydrographic engineers. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 25 \n\nOn motiou of Robert Moore, the report was approved and ordered \nto be spread on the minutes. \n\nLieut. Hanus also read a letter from the Light-House Board, loan- \ning the Committee on Buoys the light-house tender of the Third \nLight-House district for the use of the Commission in planting buoys. \n\nOn motiou of Robert Moore, the Committee on Buoys was in- \nstructed to extend the thanks of the Commission to the Light-House \nBoard for the use of the tender and buoys, and ascertain how the \nbuoys could be replaced. \n\nOn motion of George H. Cook, $100 each was voted W. G. Ford, \nJr., and Ensign G. R. French, U. S. N., for assistance given Lieut. \nHanus in determining the boundary line. \n\nOn motion of Robert C. Bacot, 2,000 lithograph copies of a m:ip \nof Raritan bay, showing the boundary line, was ordered \xe2\x80\x94 1,000 \ncopies for each State. \n\nOn motion of Lieut. G. C. Hanus, the Secretary was directed \\o \nwrite to the Superintendent of the Coast Survey, extending to him \nthe thanks of the Commission for his kindness and courtesy. \n\nOn motion of Robert Moore, the meeting adjourned, subject to call \nof the Chair. \n\nEDWARD P. DOYLE, \n\nSecretar\'y. \n\n\n\nAGREEMENT. \n\n\n\nThe agreement, as finally adopted by the Commissiouers, is as \nfollows : \n\nAn agreement, made the 12th day of October, in the year 1887, \nbetween Mayo W. Hazeltine, Robert Moore and Lieut. G. C. Hanus, \nU. S. N., Commissioners on the part of the State of New York, and \n\xe2\x80\xa2George H. Cook, Robert C. Bacot and A. B. Stoney, Commissioners \non the part of the State of New Jersey : \n\nWhereas, By Chapter 69 of the laws of the State of New York \nfor the year 1887, the Governor was authorized to appoint three \nCommissioners on the part of the State of New York, with full \npower to meet with the Commissioners duly authorized on the part \nof the State of New Jersey, and with them to locate and mark out, \nby proper monuments and buoys, the true boundary line between the \ntwo States in lands under water in Raritan bay ; and \n\nWhereas, The said Mayo W. Hazeltine, Robert Moore and Lieut. \n\'G. C. Hanus, U. S. N., were duly appointed Commissioners on the \npart of the State of New York, for the purposes mentioned in the \nsaid act; and \n\nWhereas, By an act of the Legislature of the State of New Jer- \nsey, passed April 20th, 1886, entitled "Joint resolution authorizing \nthe appointment of a Commission to locate and mark out the bound- \nary line between the State of New Jersey and the State of New York \nin Raritan bay," the Governor of the State of New Jersey was au- \nthorized to appoint three Commissioners, with power, on the part of \nthe State, to meet any authorities duly authorized on the part of the \nState of New York, and with them to locate, by proper buoys, the \nboundary line between the two States of lands under water in Rari- \ntan bay ; and \n\nWhereas, The said George H. Cook, Robert C. Bacot and A. B. \n\n(27) \n\n\n\n28 NEW JERSEY BOUNDARY COMMISSION. \n\nStoney were duly appointed Commissioners for the purposes of saidi \nact; and \n\nWhereas, The said Commissioners acting for and on behalf of" \ntheir respective States, have entered upon the performance of the \nduties imposed upon them by said act, and have in pursuance of the \nauthority of them severally given as aforesaid, agreed and hereby do \nagree upon a boundary line between the two States, in lands under \nwater in Raritan bay, and locate the same as follows : \n\nFirst. From the " Great Beds light-house," in Raritan bay, north \n(twenty) 20 degrees sixteen minutes west, true, to a point in the mid- \ndle of the waters of Arthur Kill or Staten Island sound, equidistant \nbetween the southwesterly corner of the dwelling-house of David C. \nButler, at Ward\'s Point, on Staten Island, in the State of New York, \nand the southeasterly corner of the brick building on the lands of \nCortlandt L. Parker, at the intersection of the westerly line of Water \nstreet with the northerly line of Lewis street, in Perth Amboy, in \nthe State of New Jersey. \n\nSecond. From " Great Beds light-house " south, sixty-four degrees \nand twenty-one minutes east, true, (S. 64\xc2\xb0 21\' E.), in line with the \ncentre of Waackaack or Wilson\'s beacon, in Monmouth county. New \nJersey, to a point at the intersection of said line with a line connect- \ning " Morgan No. 2 " Triangulation Point, U. S. Coast and Geodetic \nSurvey, in Middlesex county. New Jersey, with the " Granite and Iron \nbeacon," marked on the accompanying maps as " Romer stone \nbeacon," situated on the " Dry Romer shoal ; " and thence on a line \nbearing north, seventy-seven degrees and nine minutes east, true, (N. \n77\xc2\xb0 9\' E.), connecting "Morgan No. 2" Triangulation Point, U. S. \nCoast and Geodetic Survey, in Middlesex county. New Jersey, with \nsaid " Romer stone beacon " (the line passing through said beacon and \ncontinuing in the same direction) to a point at its intersection with a \nline drawn between the " Hook beacon," on Sandy Hook, New Jersey,, \nand the Triangulation Point of the U. S. Geodetic Survey known as \nthe Oriental Hotel, on Coney Island, New York ; then southeasterly,, \nat right angles with the last-mentioned line, to the main sea. \n\nThird. The monumental marks by which said boundary line shall \nbe hereafter known and recognized, are hereby declared to be as- \nfollows : \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 29 \n\n1. The "Great Beds light-house." \n\n% A permanent monument marked "State Boundary Line New York \nand New Jersey," and to be placed at the intersection of the \nHue drawn from the " Great Beds light-house " to " Waackaack or \nWilson\'s beacon," Monmouth county. New Jersey, and the line \ndrawn from " Morgan No. 2 " Triangulation Point, U. S. Coast \nand Geodetic Survey, in Middlesex county, New Jersey, to " Romer \nstone beacon." \n\n3. Eight buoys or spindles to be marked like the permanent monu- \n\nment above mentioned, and placed at suitable intervening points \nalong the line from the said permanent monument to the " Romer \nstone beacon." \n\n4. The " Romer stone beacon." \n\nFourth. The maps accompanying and filed with this agreement \nshowing the location of the above-described boundary line between \nthe State of New York and the State of New Jersey, in Raritan bay \nto the main sea, and of the monumental marks by which it is marked, \nand to be marked duly authenticated and attested by the signatures of \nthe said Commissioners, and placed on file in the offices of the Secre- \ntaries of State of the respective States, shall constitute the permanent \nand authentic records of said boundary line, and are hereby adopted \nby the parties hereto and made part of this agreement. \n\nIn witness whereof the said Commissioners have hereto set their \nhands and seals in duplicate, this 12th day of October, in the year of \nour Lord 1887. \n\nM. W, Hazeltine, [l. s.] Geo. H. Cook, [l. s.] \n\nRobert Moore, [l. s.] Robert C. Bacot, [l. s.] \n\nG. C. Hanus, Lieut. U. S. N., [l. s.] A. B. Stoney, [l. s.] \n\nCertified to \xe2\x80\x94 \n\nEDWARD P. DOYLE, \n\nSecretary Joint Commission. \n\n\n\n30 NEW JERSEY BOUNDARY COMMISSION. \n\nIn conclusion the Commissioners desire to state their great satisfac- \ntion at the completion of their labors as far as the location of the line \nwas concerned. \n\nFor a long time the Joint Commission found the work assigned \nthem beset with many difficulties. Strange to say, no established \nprecedent was to be found upon which the Commissioners could base \ntheir action for a satisfactory settlement of the questions involved. \nThe committee appointed for that purpose searched carefully but \nvainly every recognized authority on international law, without find- \ning a parallel case to the one at issue. \n\nEven the exact point or line at which the bay began and the main \nsea ended was also a disputed question, and one of great difficulty to \ndetermine. Although the committee having this matter in charge \nvisited the State Department at Washington, to ascertain, if possible, \nthe true limits of the bay, they obtained no definite information, and \nthis question, like all at issue, had to be decided by the Commissioners \nwithout the aid of precedent. \n\nThe settlement of every boundary line seemed invariably to be a \ncompromise based on no definite principle of law. \n\nLearned discourses on international jurisprudence had no weight in \nthe proceedings of the Commissions, and the questions in hand were \nalmost exclusively settled by consideration of the commercial inter- \nests involved. \n\nNo established precedent being found, the Commissioners proceeded \nwith their work, believing that whatever was a fair and equitable di- \nvision of the entire area of the bay would be a boundary line most \nsatisfactory to the citizens of the States represented. A straight line \nbetween fixed and permanent points was, of course, to be desired, and \nwhenever a concession by one State to the other became necessary by \nreason of the undulating character of the shores of the bay, a corres- \nponding concession was always made. \n\nThe straight line finally adopted was, as has been stated, necessarily \na compromise, and its accurate location involved an immense amount \nof labor. Many lines were proposed and rejected before the ultimate \nagreement, and each change necessitated new calculations of the areas \ninvolved. \n\nNearly the entire summer was spent by the engineers at this work, \nand numerous maps were prepared. \n\nThe final result, however, was the unanimous agreement upon a. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 31 \n\nboundary line just in every particular, and nearly as possible correct \niu its division of the lands under water in Raritan bay. \n\nThe work remaining to be done by the Commission is compara- \ntively unimportant. In order to mark the line permanently, and in \nsuch a manner that it could be easily determined by all interested^ \nthe Commission decided to build one permanent monument, and set \neight buoys or spindles, marked " New York and New Jersey State \nBoundary Line." \n\nThe reports of the engineers, the correspondence of the Commis- \nsion, and the table of expenditures, will be found in the Appendix. \n\n\n\nAPPENDIX. \n\n\n\nAPPENDIX. \n\n\n\nCORRESPONDENCE. \n\nTreasury Department, "j \n\nOffice of the Light-House Board, V \n\nWashington, D. C, November 8th, 1887. J \n\nHon. A. B. Stoney, Chairman of the Joint Boundary Commission, \nNew York and New Jersey, No. 39 Nassau street. New York \nCity : \nSir \xe2\x80\x94 The Light-House Board has the honor to inform you that the \nmatter of establishing a permanent beacon in Raritan bay, as recom- \nmended by your Commission, at the locality indicated on a piece of \nchart accompanying the letter addressed to the Honorable the Secre- \ntary of War, by a committee of the Commission, consisting of Mr. \nGeorge H. Cook and Lieut. G. C. Hanus, U. S. N., was con- \nsidered by the Board at its session held on this day, when, in view of \nthe facts that the proposed beacon would not be an obstruction, and \npossibly might be an aid to navigation, the conclusion was reached \nthat the Board saw no objections to the establishment of the beacon as \nrecommended by the Joint Boundary Commission. \nRespectfully yours, \n\nR. D. EVANS, \nCommander, U. S. N, Naval Secretary. \n\n\n\nTreasury Department, ^ \n\nOffice of the Light-House Board, V \n\nWashington, D. C, November 8th, 1887. J \n\nDear Sir \xe2\x80\x94 The Board has received the Commission\'s letter of \nNovember 5th, 1887, making application for buoys and for the \ntender to place them, and has given directions to have its wishes car- \nried into effect. \n\n(35) \n\n\n\n36 NEW. JERSEY BOUNDARY COMMISSION. \n\nCommodore Benham has been informed that a representative of \nthe Commission will communicate with him, and that all the details \ncan be arranged between them. \n\nAs to the proposed beacons, formal answer in the affirmative will \nbe made at an early day. \n\nVery truly yours, \n\nR. D. EVANS, \nCommander, U. S. N., Naval Secretary. \nLieut. G. C. Hanus, \n\nU. S. Navy, New York, N Y. \n\n\n\nTreasury Department, \\ \n\nOffice of the Light-House Board, > \n\nWashington, D. C, October 11th, 1887. J \n\nGentlemen \xe2\x80\x94 Your letter of October 5th, 1887, asking permissionp \nto take at cost from the Board\'s stock, the buoys needed to mark the \nboundary line between New York and New Jersey in Raritan bay, \nand to have the use of a light-house tender in placing these buoys, \nhas been received. \n\nIn reply the Board has to say that it will take pleasure in granting \nyour request in each instance. \n\nWhen your requisition for the buoys you want, is received, you \nwill be instructed as to the method by which they are to be replaced \nin kind. \n\nVery respectfully, \n\nR, D. EVANS, \nCommander, U. S. N, Naval Secretary. \n\nMessrs. Cook and Hanus, \n\nJoint N Y. and N J. Boundary Commission, \n\n39 Nassau street, New York, N. Y.. \n\n\n\nORIGINAL AGREEMENT AS TO BOUNDARY IJNE. \n\n\n\nBOUNDARY LINE BETWEEN NEW YORK AND NEW JERSEY. \n\n(Revision of the Laws of New Jersey, 1877, p. 1178.) \n\nAn act to ratify and confirm an agreement made between the Com- \nmissioners appointed by the Governor of the State of New York, and \nthe Commissioners appointed by the Governor of the State of New \nJersey, respecting the territorial limits and jurisdiction between the \nsaid States. \n\nPassed February 26th, 1834. \n\nWhereas, Commissioners duly appointed on the part of the State \nof New York, and Commissioners duly appointed on the part of New \nJersey, for the purpose of agreeing upon and settling the jurisdiction \nand territorial limits of the two States, have executed certain articles, \ntwo copies for each State, which are contained in the following words : \n\nAgreement made and entered into by and between Benjamin F. \nButler, Peter Augustus Jay and Henry Seymour, Commissioners duly \nappointed on the part and behalf of the State of New York, in pur- \nsuance of an act of the Legislature of the said State, entitled "An \nact concerning the territorial limits and jurisdiction of the State of \nNew York and the State of New Jersey," passed January 18th, 1833, \nof the one part, and Theodore Frelinghuysen, James Parker and \nLucius Q,. C. Elmer, Commissioners duly appointed on the part and \nbehalf of the State of New Jersey, in pursuance of an act of the Leg- \nislature of the said State, entitled "An act for the settlement of the \nterritorial limits and jurisdiction between the States of New Jersey \nand New York," passed February 6th, 1833, of the other part. \n\nArticle I. The boundary line between the two States of New \nYork and New Jersey, from a point in the middle of the Hudson \nriver opposite the point on the west shore thereof, in the forty-first \n\n(37) \n\n\n\n38 NEW JERSEY BOUNDARY COMMISSION. \n\ndegree of north latitude, as heretofore ascertained and marked, to the \nmain sea, shall be the middle of the said river, of the bay of New \nYork, of the waters between Staten Island and New Jersey, and of \nRaritan bay to the main sea, except as hereinafter otherwise particu- \nlarly mentioned. \n\nArticle II. The State of New York shall retain its present jur- \nisdiction of and over Bedlow\'s and Ellis\' islands, and shall also retain \nexclusive jurisdiction of and over the other islands lying in the waters \nabove mentioned, and now under the jurisdiction of that State. \n\nArticle III. The State of New York shall have and enjoy ex- \nclusive jurisdiction of and over all the waters of the bay of New \nYork, and of and over all the waters of Hudson\'s river lying west of \nManhattan islaad, and to the south of the mouth of Spuyten Duyvil \ncreek, and of and over the lands covered by the said waters to the \nlow-water mark on the westerly or New Jersey side thereof; subject \nto the following rights of property and of jurisdiction of the State of \nNew Jersey, that is to say : \n\n1. The State of New Jersey shall have the exclusive right of prop- \nerty in and to the land under water, lying west of the middle of the \nbay of New York, and west of the middle of that part of the Hud- \nson river which lies between Manhattan island and New Jersey. \n\n2. The State of New Jersey shall have the exclusive jurisdiction of \nand over the wharves, docks and improvements made and to be made \non the shore of the said State, and of and over all vessels aground \non said shore, or fastened to any such wharf or dock, except that the \naaid vessels shall be subject to the quarantine or health laws, and laws \nin relation to passengers, of the State of New York, which now exist \nor which may hereafter be passed. \n\n3. The State of New Jersey shall have the exclusive right of regu- \nlating the fisheries on the westerly side of the middle of the said \nwaters, provided that the navigation be not obstructed or hindered. \n\nArticle IV. The State of New York shall have exclusive juris- \ndiction of and over the waters of the Kill Von Kull, between Staten \nIsland and New Jersey to the westernmost end of Shooter\'s island, in \nrespect to such quarantine laws and laws relating to passengers as now \nexist or may hereafter be passed under the authority of that State, \nand for executing the same ; and the said State shall also have ex- \nclusive jurisdiction for the like purpose, of and over the waters of \nthe sound from the westernmost end of Shooter\'s island to Woodbridge \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 39 \n\ncreek, as to all vessels bound to any port in the said State of New \nJersey. \n\nArticle V. The State of New Jersey shall have and enjoy exclu- \nsive jurisdiction of and over all the waters of the sound, between \nStaten Island and New Jersey, lying south of Woodbridge creek, and \nof and over all the waters of Raritan bay, lying westward of a line \ndrawn from the light-house at Prince\'s bay, to the mouth of Matavan \ncreek, subject to the following rights of property and of jurisdiction \nof the State of New^ York : \n\n1. The State of New York shall have the exclusive right of prop- \nerty in and to the land under water, lying between the middle of the \nsaid waters and Staten Island. \n\n2. The State of New York shall have the exclusive jurisdiction of \nand over the wharves, docks and improvements made, and to be made, \non the shore of Staten Island ; and of and over all vessels aground \non said shore, or fastened to any such wharf or dock, except that the \nsaid vessels shall be subject to the quarantine or health laws, and \nlaws in relation to passengers, of the State of New Jersey which now \nexist, or which may hereafter be passed. \n\n3. The State of New York shall have the exclusive right of regu- \nlating the fisheries between the shore of Staten Island and the middle \nof the said waters, provided that the navigation of the said waters be \nnot obstructed or hindered. \n\nArticle VI. Criminal process issued under the authority of the \nState of New Jersey against any person accused of an offense com- \nmitted within that State, or committed on board of any vessel being \nunder the exclusive jurisdiction of that State as aforesaid, or com- \nmitted against the regulations made, or to be made, in relation to the \nfisheries mentioned in the third article, and also civil process issued \nunder the authority of the State of New Jersey against any person \ndomiciled in that State, or against property taken out of that State to \nevade the laws thereof, may be served upon any of the said waters \nwithin the exclusive jurisdiction of the State of New York, unless \nsuch person or property shall be on board a vessel aground upon or \nfastened to the shore of the State of New York, or fastened to a \nwharf adjoining thereunto, or unless such person shall be under \narrest, or such property shall be under seizure, by virtue of process \nor authority of the State of New York. \n\nArticle VII. Criminal process issued under the authority of the \n\n\n\n40 NEW JERSEY BOUNDARY COMMISSION. \n\nState of New York against any person accused of any oifense com- \nmitted within this State, or committed on board of any vessel under \nthe exclusive jurisdiction of that State as aforesaid, or committed \nagainst the regulations made, or to be made, by that State in relation \nto the fisheries mentioned in the fifth article, and also civil process \nissued under the authority of the State of New York against any \nperson domiciled in that State, or against property taken out of that \nState to evade the laws thereof, may be served upon any of the said \nwaters within the exclusive jurisdiction of the State of New Jersey, \nunless such person or property shall be on board of a vessel aground \nupon or fastened to the shore of the State of New Jersey, or fastened \nto a wharf adjoining thereto, or unless such person shall be under \narrest, or such property shall be under seizure by virtue of process \nor authority of the State of New Jersey. \n\nArticle VIII. This agreement shall become binding on the two \nStates when confirmed by the Legislatures thereof, respectively, and \nwhen approved by the Congress of the United States. \n\nDone in four parts (two of which are retained by the Commis- \nsioners of New York, to be delivered to the Governor of that State, \nand the other two of which are retained by the Commissioners of \nNew Jersey, to be delivered to the Governor of that State), at the city \nof New York, this sixteenth day of September, in the year of our \nLord one thousand eight hundred and thirty-three, and of the Inde- \npendence of the United States the fifty-eighth. \n\nB. F. BUTLER, \nPETER AUGUSTUS JAY, \nHENRY SEYMOUR, \nTHEO. FRELINGHUYSEN, \nJAMES PARKER, \nLUCIUS Q. C. ELMER. \n\nThe above agreement was confirmed by the Legislature of the \nState of New York, February 5th, 1834, and by the Legislature of \nthe State of New Jersey, February 26th, 1834, and approved by the \nCongress of the United States, June 28th, 1834. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 41 \n\nNew York, November 2d, 1887. \nClear and pleasant ; very smooth sea ; calm to very light westerly \nwind. \n\nAngles taken at proposed site of monument to mark the turning \npoint of the New York and New Jersey boundary line between Great \nBeds light-house and Romer beacon. \n\nWilson beacon to Prince\'s bay light-house, 99\xc2\xb0 41\' 30". \n\nPrince\'s bay light-house to Episcopal church, 64\xc2\xb0 9\'. \n\nEpiscopal church to front, 83\xc2\xb0 14\'. \n\nFront to Wilson beacon, 112\xc2\xb0 55\' 30". \n\nSeven feet water at M. L. W. \n\nCopy verified. \n\nW. G. FORD, Je. \n\nAngles taken at Buoy No. 1 on line between proposed monument \n.^nd Romer beacon. \n\nCupola to Dental Works, 113\xc2\xb0 37\'. \nDental Works to Episcopal church, 71\xc2\xb0 3\'. \nSixteen feet water at M. L. W. \n\n\n\n42 NEW JERSEY BOUNDARY COMMISSION. \n\nState of New Jeesey, ^ \n\n[Stamp.] Executive Department, V \n\nTrenton, April 14th, 1887. J \n(Dictated.) \n\nTo His Excellency David B. Hill, Governor, Albany, N. Y. : \n\nSir \xe2\x80\x94 I have the honor to inform you that the Governor has this \nday appointed George H. Cook, of New Brunswick, Robert C. Bacot, \nof Jersey City, and A. B. Stoney, of Keyport, as Commissioners \nunder Joint Resolution No. 6, approved April 20th, 1886, of which \na copy is herewith transmitted ; said Commissioners to meet the Com- \nmissioners appointed by yourself, March 21st, 1887, as per letter of" \nMr. Rice of that date. \n\nVery respectfully, \n\nROBERT S. GREEN, Jr., \n\nPrivate Secretary. \n(Enclosure.) \n\n[Stamp.] State of New Jersey. \n\nJoint Resolution authorizing the appointment of a commission to \nlocate and mark out the boundary line between the state of New \nJersey and the state of New York in Raritan bay. \n\nWhereas, Disputes are constantly arising between citizens of this \nstate and citizens of the state of New York engaged in the shell \nfisheries in Raritan bay, as to the boundary line between the two \nstates in lands under water of said Raritan bay ; and whereas, that \nby reason of the absence of any means to locate the boundary line,, \nthere exists an uncertainty about the true location thereof between \nthe state of New Jersey and the state of New York, as defined in \nthe act entitled "An act for the settlement of the territorial limits and \njurisdiction between the states of New Jersey and New York," passed \nthe sixth day of February, one thousand eight hundred and thirty- \nthree ; now therefore, \n\n1. Be it resolved by the Senate and General Assembly of the \nState of New Jersey, That the governor of this state be, and he is \nhereby authorized to appoint three commissioners, with power on the \npart of the state to meet any authorities of the state of New York \nwho may be duly authorized, and with them locate and mark out by \nproper buoys the boundary line between the two states in lands under \nwater in Raritan bay ; that the expenses of said commission shall be \npaid by the treasurer, on the warrant of the comptroller, after being \nfirst approved by the governor. \n\n2. And be it resolved. That this resolution take effect immediately o. \n\n\n\nNEW JERSEY BOUNDARY COMMISSION. 43 \n\nState of New Jersey, 1 \nDepartment of State, j \n\nI, Henry C. Kelsey, Secretary of State of the State of New Jersey, \ndo hereby certify that the foregoing is a true copy of a Joint Resolu- \ntion passed by the Legislature of this State, and approved by the Gov- \nernor the 20th day of April, a. d. 1886, as taken from and compared \nwith the original now on file in my office. \n\nIn witness whereof, I have hereunto set my hand and affixed my \nofficial seal at Trenton, this 14th day of April, 1887. \n\n[l. s.] H. C. kelsey, \n\nSecretary of State. \n\n\n\nState of New Jersey. \n\nI, Robert S. Green, Governor of the State of New Jersey, do \nhereby certify that Henry C. Kelsey, Esq., who hath signed the \nannexed certificate, and whose official seal is thereto annexed, was, at \nthe doing thereof, and now is, Secretary of State of the State of New \nJersey, duly appointed, commissioned and sworn, and that full faith \nand credit are to be given to his official attestations ; that the said \nsignature is in the proper handwriting of the said Henry C Kelsey, \nand the seal his seal of office, and that the said certificate is in due \nform of law and by the proper officer. \n\nIn witness whereof, I have hereunto set my hand and caused the \ngreat seal of the State of New Jersey to be hereunto affixed, at the \ncity of Trenton, in said State, this 14th day of April, a. d. 1887, \nand of the Independence of the United States, the one hundred and \n\neleventh. \n\nROBERT S. GREEN. \nBy the Governor : \n\nHenry C. Kelsey, \n\nSecretary of State. \n\n\n\nFINANCIAL STATEMENT. \n\n\n\nExpenses of Commissioners of the State of New Jersey appointed \nto locate and mark out the boundary line between the States of New \nJersey and New York in Raritan Bay. \n\n1887, May. Expenses of Commissioner Bacot to Washington, D. \n\nC, to examine documents.. $19 25 \n\nType-writing of documents 6 84 \n\nT. S. Negus, for charts of New York and Raritan bays... 2 00 \n\nExpensesofmeeting Joint Commission in Jersey City.. 11 65 \n\nE. P. Doyle, Secretary, for half expense of Washing- \nton projection of Raritan bay, $42.86 21 43 \n\nFor report and map of Maryland and Virginia Bound- \nary Line Commission and expressage 10 50 \n\nAug. T. S. Negus, for charts of New York bay and vicinity.. 5 25 \n\nEvening Journal Company, for printing documents... 13 00 \n\nE. P. Doyle, Secretary, for half expense of copies of \nWashington projection maps of Raritan bay, \n$64.14 32 07 \n\nPetty cash for postage, telegrams, expressage, &c 5 00 \n\nCommissioner Cook\'s traveling expenses and dis- \nbursements 34 06 \n\nCommissioner Stoney\'s traveling expenses and dis- \nbursements 23 00 \n\nExpenses of New Jersey Commissioners attending \n\nmeeting in New York 2 20 \n\nOct. For tracing of part of Raritan bay 1 00 \n\nExpenses of Commissioners Cook and Bacot to \n\nTrenton 2 05 \n\nEarle & Harrison, services of draftsman on maps, \n\n$36 18 00 \n\nE. P. Doyle, services as Secretary of Joint Commis- \nsion, $500 250 00 \n\nType- writing of Agreements, $2; petty cash postage, \n\n&c., 86cents 2 86 \n\nFor one-half expense of hire of tugboat for visit of \n\nJoint Commission to Raritan bay, $75 37 50 \n\n(45) \n\n\n\n46 NEW JERSEY BOUNDARY COMMISSION. \n\n1887, Nov. For one-half C. A. Jones\' bill for buoy materials, \n\n$37.72 $18 86 \n\nFor one-half expense of work placing buoys, $51.50.... 25 75 \n\nFor one-half expense of printing for Joint Commis- \nsion, $50 25 00 \n\nS. W. Hodges, for tracings of boundary line maps for \n\nlithographer, and for Light-House Board 10 60 \n\nFor services of J. C. Payne, making tracings of maps \nand calculations of areas of lands under water in \nKaritan bay 25 00 \n\nFor professional services of G. R. French and W. G. \nFord, Jr., in placing buoys upon the boundary \n\nline agreed upon, $200 100 00 \n\nDec. To Julius Bien & Co., for furnishing 1,000 copies of \nlithograph map of Raritan bay and vicinity, show- \ning boundary line agreed upon, buoys and mon- \numents 84 00 \n\nTo petty cash paid out by Secretary for telegrams, \n\npostage, expressage, &c 5 70 \n\nTotal $792 57 \n\nTrenton, Dec. 31st, 1887. \n\n\n\nJUN 20 UOfe \n\n\n\n9 3Cl 90Z tI0 \n\n\n\n'