New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-08-17

President
read communication from Mr. II. W johnson tbs
e 10 the Board in relation 20 the boundary line Of qusr
,,tine iurisdicon between New York and New Jersey
and "a 10 whether vessel exemption from guar
antine jurisdiction under the laws of Few-Ysrt w
tering the upper bay of York by way OF south Am
hoy The following Is the opinion Of counsel on ths-s
To,, RICHARD scHELI, President Board of commiss'oS-
ers Of Quarantine .
by your Board on the OH inst, namely 49,,
to aarHs With his opno ~nanr she'st Ts.-l 'f's
this port from foreign port e's -su,s s" s aagsrs-
cargo and then p,ocee SevYork BROOKLYN sod a % to %
the boundary line u quarantine ur seon oei"en oi ss-
The answer be gwen to the second branch Of thu.
resolution will serve 10 extent a. an answer 20 tho
first, and WILL therefore, consider the second inquiry
The boundary line Of quarantine Jurisdiction betveen
the states OF New York aud NewJersey Was distinctly
| defined In agreement entered into between tbfn IN
1894, for the purpose of settling controversy which r
tule existed respe ling the territorial DDunnaJ
and certain questions Of jurisdiction between che two
sce remained in full force and the 4uaran laws of
this state must therefore. be construed WIN 20
It, Hence, reference 10 che terms 81 tha mr'
will furnish 20 the inquiry undo consideration;
The fir, article Of the agreement dehn'd ihe iertltA
boundary between the two sates, and was ~ 10" io""
ing words: 49,, -,
wet shore thereof IN the ,isi eee Of t e'oor.
se ~ s 81 Bsy %sFS ( ne a me s e me Sn i s
New Js,ey s9a E, nna, Bay :? TIE nan ga i' IS
The exceptions referred TO IN this article relate au,r
antne sdctiOn the regulation OF fisheries. the service
criminal process aud the rights OF property M the and
II Only material to the present inquiry that
which relate. 10 quarantine Jnris1lcon Ih- Ha1 lc
nncd ia the third iourth ANA NTH aices OF Tue hS7o
nv he third article 1t declared that the StIte u
d dC ngeT gg H. ,so ~ ne ae ~ Xes YORK lnd
of and over all the waters O Hudson River yg |est Oi
Manhattan Island and 20 the south d. the nputh OF 9p1y
ten Duvyi Greek and OF and the lands covered ~
said waters 10 lie iop ooter o'a'6 on ms gss1sly ~ ~
J,1sey site thereof subject to certain nghtS'i pfot
and of the state OF NcWJersey among WHOM
was the following. set forth IN thar article -.
ove, 5 T6y, doet sri Improvements % b. b.
Oh q. .,,e G ' ' ara S 'atS s ,R or ak % @ ~ 1u :
sepgys Of Rork ~A'eh 's' D. a'y '>'>fT
~ the fourth article if was provided that the q
New York should have elcre quarantine Irtsd'chJn
OF and over al the waters o. the XII Won hu Det"'o
of shooters Leland: aud also The waters 81 to
Sound from said Island to the mouth OF ~Oontiuss
Creek, 10 all vessels bound 10 any port III Tue '"
New-York ,,o Sat. .,
New,Iersay should and enjoy exclusive Iursd
OF and over all the waters or the SOUND Ostwton ~
island NewJersey tpng south Of No25or'gye 1,s ,
Ua'@ ~ t M ne 1gfe,I creek subject the right II
property of the state OF New-lOrk IN the ah' Gnl1r
water between the middle OF said waters ana St!'en
oven The wbaryes and docks the shores OF States
Island and vessels aground on s1 1hOIt', o. 49,
ened 10 said docks and wh1ryes provided however thn
such vessels TO he subject 70 the qaau@e a@' OF
| the state of New-Jereey. -, A.. .-..
From TINS statement of the provisions OF tins agree
,nent II Will DE seen that the territorial boundary gs
tween the two states y on Inc N mo
north latitude and extending from thence along no
middle Of said river the middle o, nd tn9 p ~ Raw ~ he
main sea- and that the state Of New-fOrk mas exclusive
shores Of the two states on each side OF this ue, except
that portion of the waters lying south OF the mouth u
uyhthouse AT Princes Bay 10 tue mouth " Mattewao
Creek and except that her jurisdiction over the portion
of said waters lying between the weste nmoSt end ~
shooters Island and Woodbridge Creek is confined 10
vessels bound % port I'm the state OF NewfOrk
These lines Of territorial and guriant ne Jurlsi.tlOn ~
be easily traced any map OF the har0o and from an
examination ~ them IL will be seen that the easter
OF New Jersey Raritan Bay nearly southery
course from Princes Bay lighthouse % the shore OF New
line - well as the waters o. the lower by u New-Y6rE
are therefore within the quarantine jurisdiction Of tho
| state of NewYOrk
From the answer above given TO the question Is 10
what i; the 59gndl{ me 81 u nm @ seeD tba 5s
moment vessel passes the point OF sandy HOOK when
coming in from sea he enters the waters when sre sun
ect To the quarantine jurisdiction Of this state. Hence
such vessel cannot proceed 10 Perth AmDoy ron no
main without passing through these waters. fet
good faith bound TO that port a. her na place OF deS
laws and regulations OF this State. outlaws not
designed 10 reach vessels OF that class, any more than
destined for the port NewYork But vessel passes
Sandy Hook destined for this port, she cannot secure
empsGn e ng nn S %av of PeTlb AmS rs
moment she enters the horbOr from the main she he
comes subject quarantine jurisdiction. She oaa
| throw on this iur. sdicton only in one mc-ie, and
that is by gong AGAIN o9t 20 sea rms 2lr
| but If she does not accept this permission, sho
must submit to the regulations which that jurisdiction
IMPOSES upon her H. claimed by that the at u
nr6ceedn To perth Amhoy Is an Acceptance OF this per
mission That II is putting u sea within the mean
ing Of the statute. such an Interpretation ot the aw
seems absurd TO deserve any serious Discus
II il correct it necessarily follows that vessel
subject 70 quarantine under our laws may secure eAub
tion thercirom entering the harOor, by going dos
| 70 Perth Amooy. undergoing an examination D. no
Health Officer ~ That pcr anu theh piocetdng ure o
NewYorl Brooklyn. II one vessel can do this, every
vessel caD and thus practically the Health Ocer 81 'hs
Port of Perth AmbOy would become the Health Officer
of the Port Of NewYork and the Quarantine laws sud
regulations OF NewJersey would beeome the Qu''ntns
and regulations of this port. The Dare statement 81
| the proposition carises with II It's own REPUTATION
Iii, claimed by some, however that although the lsw
Will not bear such an Interpretation yet tat Ye>s'i
entering the harbOr may secure exemption from our
''enterng at the Custom House and taking clearance
for this port because IN that case, her last lOI 0 o
within the class OF vessels which under our laws iTe suD
ject quarantine. such an act would e apapaoe eva
sion Of the law and could not be upheld. II the vessel
came rom place which subjected her 20 quarantine On
entering the haIbor her Liability 20 qaranune II n1
| the moment she passes Sandy Hook, ana she cannot
escape H. except In the mode have already pointed
out In determining whether she is subject 10 quarin
atth fiBe she nrst eane ribia Jurisdiction shs
cannot change those facts except by putting " s"a
and gaining another port departure from which sie
may return under circumstances not rendering her la
| BILE Ia quarantine.
1 AN, tucfttOle, tlfdEl "a ~
ing the harbOr York subject "a quarantine, AN
come to the wharves Of NewIOrk BrOokS a. without
undergo examination 10y the Heath Ohicer here Al
though she may have gone 20 Perth Amb0y anu "a .
been subjected o examination ny the He1,ih Oth,er
| there. Respectfully yours, HkNRl W oohN'"S'
| Eeso- York Aug. IS. 1870 .-- So. -, -.
| DIR BELL aul sorry that the resolution did not
cover the waters the East River, a. nave no DOUBT
that there misrepresentation IN the minus vi gOoi
many merchants in SewYork On tbat slee a. We'll ~
an the boundary or the hdrbor or rather
the County New York that side since ths qies-
ton arose. which the opinion OF me cohSel has uss
treated have ex nm ned the statutes giving the Oun
dares OF New-YOrk County. and nnd that extend, %
low mark on the Long Island SIDE, ana nom har
/ RnI lnnlIlie. low