Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-02-01

religious worship, passed the house unan'
imously.
The bill for the relief Of John Salter, an
old soldier, passed the house 20 TO u.
The bill to incorporate the New-Jersey
Salt Marsh company, passed to be en-
crossed and the house having re.consid-
cred their vote against the bill for the re-
lief of Nicholas Warrell, the same also
passed to be re.engrossed.
Adjourned to ten o'clock Tomorrow.
"WEDNESDAY, Jan. 20.
The Speaker presented the house the
following communication from the Cover
DOR of the state :
Gentlemen of the Legislative Council
and of the House of Assembly
herewith transmit for your informa-
ton and consideration, copies of certain
proceedings in suit in the court OF chan
Gerry, Of the stale of New York, brought
by John X. Livingston, Esq. citizen oil
that state, against Aaron Ogden and Thom-
as Gibbons, Esquires, of Elizabeth Town,
in New-Jersey, for the purpose OF restrain
ing the defendants from navigating, with
their steamboats,, the waters between the
city Of New-Y ork, and any part OF Staten
Island, or If the shores of New-Jersey,
south of Powles Hook ferry, except only
Elizabeth Town Point, together with
letter which / addressed to the attorney
general, 10 consequence Of an application
made to me by one Of the defendants, lin
relation to that suit, and the attorney-gen-
erals answer; in conformity TO whose
opinion the application has been refused.
You will perceive, from the accompany
ing documents, that previous TO, and at the
time the complainant exhibited his bill of
complaint, the defendant, Thomas Glib
bons, employed and was running steam
boat belonging to him between New
Brunswick aud Elizabeth Town Point, and
which occasionally, on her passage from
New Brunswick, continued and run IRON
Elizabeth. Town Point direct to the wharf
at the city Of Jersey, and from thence
returning again to Elizabeth Town Point,
the same being navigation from place to
place, within the limits and jurisdiction
ofsthe state of New-Jersey and that in
the suit referred to, the court OF cbancery
of the state Of New York, on the Sd day
of May last, granted writ of injunction
against Mr.. Gibbons, thereby restraining
aud ei,joiaiHg him g from navigating with
any boa, or vessel propelled by steam or
fire, the waters in the bay of New York,
or in the Hudson river, between Staten
Island and PowIes Hook, expressly on the
ground that the state of New York claim
ed, and had asserted and declared their
right of jurisdiction over the whole of
those waters.
The legislature of New-Jersey, by an
act passed Sd December, 1907, to pre-
serve and support the jurisdiction of the
state, declsresihe 6 boundary lines of the
county of Bergen TO be the middle or mid
way Of the waters adjoining the said com
ty;" and they have repeatedly asserted IN
their public acts the right of the citizens
Of this state 10 common privilege with
the citizens of the state of New York, to
the free navigation of the waters which di-
vide the two states; and tits believed that
this is the first instance in which court
of that state has, in defiance Of the claims
aud laws Of New-Jersey, attempted to en-
force against citizen of this state, the ex-
travagant and unjust professions of New
York, to an exclusive jurisdiction over all
waters lying between the shores of the two
the states; and in this instance the claim
has been exercised III the most Objectionable
manner, inasmuch as one OF our citizens
has been prohibited aud enjoined from
navigating with his steamboat the waters
lying along our very shores, and from pas
sing and going from one part to aoother
part of the state.
To submit in silence, and without OPP
position, to this most alarming act oil usur-
patton and encroachment upon the terri
torial' and jurisdictional rights oil the
state, would be in great degree, 10 re-
linquish the ground which the legislature
have heretofore taken, aud virtual sur
render of the most essential rights and IN
terest of the state. 1t is therefore highly
expedient for the legislature to adopt some
more effectual measures to assert aud
maintain, free from interruption, the just
rights of the citizens OF this stale TO the
navigation of the waters adjoining her
shores, until the existing controversy re-
speeding our eastern boundary line, can
be brought to an auIicable or legal deter
mination.
ISAAC H. WILLIAMSON.
Trenton, January "a, 1920
SCHEDULE.
/. Copy of bill in Chancery.
! 2. Answer thereto.
8. Order Of the Court OF Chancery OF
New York.
A. Injunction.