The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-12

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History OF the Case-Vhat Shall We Do
with Our Mud!-Thc TitIe to Oyster
Isiand-Tcrms of the Treaty of 1881
The Communipaw Oystermcn-ssLivcIy
Times" Predicted, &c., Sc.
The immense drainage Of the city OF New York empty
ing by means Of sewers into the slips the East
North rivers, necessarily carries with ii vast amount Of
MAD and refuse matter which settles in the bottom Of the
slips gradually and constantly filing them up so as TO
render them unapproachabe by largo vessels. Hence
has been found necessary from time to time drcdge
out the slips and remove the mud deposits TO some
place where they will do no harm Formerly these
deposits taken in boats or scows out into the deep
nearest at hand and dumped often directly ntothe
channel bu, the Harbor Commissioners appointed blythe
State have, within short time put stop to this sort OF
proceeding under the apprehension that was tending to-
the filling up Of the channels and the ultimate destruction
Of the harbor. They therefore directed tina, the
mud dug out Of the slips should be removed into
the lower part of the harbor, away from tho
channel Of navigation. The dumping ground first
selected was at point between Ellis Gbbet island
and Bcdoes island and large amount Of mud there
deposited. The New Jersey fshermen and oystermen,
whose fishing grounds and oyster beds extend all along
between this point and tho Jersey Shore exceeding
y wroh at this invasion OF their rights, and appealed to
the Executive Of the State for protection and Governor
Newell it is alleged with zeal than of discretion,
Immediately Illuminated his proclamation (printed in
the HERALD Of the 4th inst.), positively iorbidding
any person 10 make such deposits the
New Jersey side of the channel, and claiming
that the jurisdiction of his State extends the middle of
the channel This claim the Harbor Commissioners rcpu-
dated and denied but at the time yielded to the
representations made in behalf Of the oystermen so far
Of bar naked only low water three quarters of
n mile south of Bcdoes sand and nearly two miles
from Jersey shore snownto the oystermen as "Sandy isl
and There the mud from docks and piers still dump
ed the Of twenty thirty loads per day. The
oystermen have been partially concaed by the change
ground although still apprehensive that their oyster
may be injured by the deposits but the State auho
rites be easily notified, and given to
understand that they will commence suit in the
/ Courts TO test the question of jurisdiction.
] THE TITLE OF NEW YORK.
The following state of facts relied upon We learn to
maintain the title of the city. In the first place. by the
Montgomery charter the city of New York was vested
with the title to and jurisdiction all the islands in the
harbor and until comparatively recent date her jurs
dcton has been questioned From time to time her title
of these islands has been conveyed away but her
jurisdiction, il is claimed lost For example,
/ Great oyster, or Beloes island, granted by Gov
Richard Ncolls TO Capt Robert Nedham in 1867 by
letters patent, which still among the archives IN
the Comptroller Office in fine state Of preservation fy
him it was assigned to Isaac Bedioe from whom il de-
rived present name, and subsequently into pos
session Of Archibald kennedy and Mary Smith, by whom
IN 1858, ii first leased, and then in the same year,
conveyed by deed to the city of New York Subsequent
" the island into OF the federal govern
ment, and forms at present Of the Notifications
of our harbor But the city appears never TO
have parted with her title to Oyster island, and
the only question 10 be whether or
not ii is an island. appears from the old records al
ways to have been regarded as such In the deed
veing Bedloes island the city 1885, Bedloes island
is described being the largest of three small islands
lying very another referring evidently to
Oyster island, Ellis island and Great Oyster Or Bedloes
island.
But there a still further and better claim. In 1888
joint commission was appointed by the States Of New
York and New Jersey settle certain matters in dis
pute between the States This commission consisted
of Messrs Benjamin F. Butler =. A. Jay and Horatio
on the part OF New York and Messrs Theodore
Freinghuysen, James Parker and L. Q. Elmer, be-
half Of New Jersey. The labors of the Commission
suited in treaty which ratified in 1884, and one art
| Gle Of which reads as foows-
The State of New its present ju
rsdic'on Of and over Bedoe and Ellis islands and shall also
retain exclusive Jurisdiction Of and the other lying
in the waters above mentioned and under the jurisdiction
of that State
The Harbor Commissioners, relying upon soundness
OF the title OF the State have determined to disregard the
proclamation Of be Governor OF New Jersey and directed
the contractors engaged in the work of dredging the
ors three in number-Lte 4 Orr, Morris l. Cum
ings and Mr. Jas. Hart AT present they all work
dredging the slips between Charles and Carkson Streets
North river They employ fiat bottomed boats or
scows, carrying each from thirty to eighty
cubic yards Of mud, and contrved that upon
arriving the dumping ground the bottom OF the boat
can be swung open, letting all the the
water, through trap door. The boats when loaded
are towcd to the mpiDg ground, about four miles by
STEAMBOATS,, and this greatly increases the expense The
price paid for dredging and removing the mud is about
twenty per cubic yard and probably about 200
yards day on the average is lowed away.
WHAT THE JERSEY oYsTEgMgN THINK.
One Of reporters yesterday visited little village
Of Cummunipaw the Jersey shore two or three miles
below Jersey City, hc headquarters Of the New Jersey
oysernen He found the oystermen busy and quietly at
work about their usual avocaons, and manitesng
element disposition to resort extreme measures in
support OF their rights Upon entering conversation
with some Of them he assured that they relied impi
city upon the State authorities TO protect them The
dumping between Bedoe's and Ellis islands they said
would speedily have ruined their oyster BEDS the mud
from the docks would wash them and being
strongly mpfegnated with sulphur, would cause the
oysters to scken and die but the dumping ground
being further removed from the beds out of the line
oil the currents they hoped would do no HARM r. how.
ever should be found to niure their beds the dumping
would have to be stopped forthwith, or there would
be lively times for the whole State Of New Jersey
would be ready to back them Sotue of the OYSTER
men asserted that the mud scows were often dumped
far away from the prescbed limits, and sometimes the
mud was even let go directly in the channel between
Governors and Bedoes Islands. While the conversation
was going steamboat having two scows in tow
passed just beyond Bedoes island and the scows were
empted OF their contents at that point which, our re-
porter was assured at least quarter of mile from
Oyster island, and in the deep this the oys
termcn said, of very little consequence for the mud
was Of such consistency that the winds and currents
would drive all about the bay The Harbor Commits
soners on the contrary state that the mud is almost as
heavy as lead and viii remain the island If placed
there, because Is very little exposed to the action Of
The Camels in the U. s. Service.
The valuable animals imported for the public service in