The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-26

Inc IOllowng letter addressed by Gov NeWeu 70 the
Governor Of the State Of New York have been allowed
to publish II s Of interest to every citizen of New Jer
sey who feels proper regard for the interests and honor
OF the State The New York authorities appear To have
misunderstood the meaning Of the Governors procama
uon and have continued to deposit mud &c. the lands
under belonging to this State After the following
letter from Gov. Newell there be further room
for doubt either az to the intentions rights Of New Jer
sey-
TRENTON, Oct. 70, 1859.
To His Excellency, f. D. MORGAN Governor OF New York
yd nave resa 1ne Is 1e
State Of New York In relation my recent proclamation
prohibiting any further entertainments upon the property
OF the State Of New Jersey in and about the bay Of New
York; Az your Excellency appears have misappre
Blended the precise intent OF that proclamation beg TO
be allowed present you with the following copy there
OF, and to make to you few words Of explanation.
PROCLAMATION
Whereas information hah been communicated 10 that
ter IN Of Se middle
q re Ne bay q New Yors West MIDDLE Of that
Ssw as well r their h Navigate the
quantities. q offensive ana deieerioas matter drsdged
which persisted In ultimately be destructive 70 the
q Of Ssm
hsre.o and whereas the deposit Of this matter
Jersey ana dstr@snsi hs q he riparian pro-
ing commanding I'll persons sons whaeysr orhwS q dsss
o inc An0 the
un0er
Jersey Ibis ars day Of October hund;sS
BY the Governor, THonAss ALLISON Secretary q STATE.
Your Excelency states in your communication to the
Attorney General of New York that the Governor of New
Jersey has "warned and commanded all persons what
ever to dess from making any further deposit upon said
Misunderstanding to Oyster Island-sand claimed the
same to be the property oNew jersey" and the Attor-
ney General his reply gives as his opinion that oyster
Island and Bedloes Island are clearly within the ursdic
ton Of the State Of New York. that the State of New
Jersey has no Jurisdiction over said islands either Of
them
Your Excelency will perceive by reference to the
above , copy OF my proclamation that have made no
dictoR over it. New Jersey has never had occasion 70
contend for the ownership Of Oyster Isand-which may
or may not belong to her-nor has she ever sought
TO establish jurisdiction It, over Bedloe's
or the other adjacent islands The right Of the State
Of New York to the general Jurisdiction over
State extends, will be by reference the COM
pact Of 1913 Nixons Digest page S23 Art I) call
limts-'to the low water mark the westerly or New
Jersey side thereof"
But, although New Jersey has made no claim to the
general jurisdiction the waters west Of the line
sgDated in the proclamation she does claim, by
the LIST and Sd sections of Article III in aforementioned
the waters Aforesaid well the exclusive right
guate the fisheries the said waters and criina pro-
nv may issue sce ~ same cOmpac against
against the regulations made, or to be made, by
that h) sse nina in relation a to the fisheries men
OF her rights in regard to said land and fisheries the un
warrantable authority given by the Board OF Pilot Com
mssoners Of the State of New York. to deposit accumu
ations "upon the fats lying south and Of Bedloes
Island, and In other place." portion of which, at
least no one will presume TO deny the property Of New
Jersey
have not hitherto called the attention OF your Excel
Rcy to this subject for the that the encroach
merit was regarded by me private act OF the ndivi-
duas engaged in the work. and not warranted
nanced by the authorities Of the State Of New York New
Jersey still holds IL TO be individual trespass, and will
hold to rigid accountability all persons whatever who
shall continue thus to invade her sovereignty and damage
the fisheries Of her citizens by making deposits upon the
land under the waters "lying west of the middle of
the Bay OF New York, and west of the middle Of
that part Of the Hudson river which lies between Man.
haitian Island and New Jersey" wherever that ns-the
recognized boundary between the States Of New York
and New J.rsey-may happen to fall.
trust that your Excelency will pardon me for thus
calling your attention to this subject have felt CON
strained to do by the apparent msapprehension into
which your Excelency and the Attorney General of New
York have fallen, in relation to my proca nation.
Allow me to express the hope that the States of New
York end New Jersey may always maintain towards each
other that spirit Of mutual orbearance respect and strict
justice which should characterize sovereign sister
States.
With sentiments Of the profound official and Der.
sonai respect for your Exceency and assurances OF
sincere desire to cultivate relations of honorable peace
and friendship with the good people of New York and
their excellent Chief Magistrate.
WILLIAM A. NEWELL.