Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-03-13
ISL F.S or ,SJJOAJ.V.

The Boston Globe discusses the question of
jurisdiction, as between Maine and New
Hampshire, over the territory where the re-
cent murder was committed. Since that
event neither Maine nor New Hampshire can
feel very DESTROYS of establishing jurisdiction.
At all events the honor or dishonor seems to
be conceded to Maine in this case without
dispute: The Globe says:
I The question Of legal jurisdictiction over
Smutty Nose island, one of the noted Shoals
group, Off Portsmouth,, has often been raised.
but never discussed more earnestly than in
the case of the brutal tragedy there, last
week. The name Of Smu,ty Nose probably
came from the fancied resemblance to a
swine's nose. Of a long, low reef of black
| rocks, running out into the sea, the adjacent
island Of Appledore being called Hog island
Many time andeoft has the question been
mooted whether Maine or New Hampshire
should have the benefit and credt--as it has
been now, which should have the damage and
discredlt-of embracing this little island
within its limits. And it has always been
decided to be in Maine, but still it recurs
again and again. AS long ago as 1887 as we
find by the New Hampshire State and pro-
vincial records at Concord, it was declared
by commissioners that the "dyiding line be-
tween Maine" Chen Massachusetts, and New
Hampshire, shall pass through the middle of
/ plscataqua river and harbor, and shall part
| the Isles OF Shoals and run through the mid
die of the harbor betw cen the islands to the
sea on the southerly side, and that the south
westerly part of the islands shall lie in and
be accounted part of the province of New
Hampshire, and the southeasterly part there
Of shall lie in and be accounted Il part of the
province of Massachusetts, Bay" (now Maine)
''and be held and enjoyed by the said prov
lnces, respectively, in the same manner as
they now do and have heretofore he Id and en-
joyed the same" The same line was also
accepted by the commissioners on the part of
OF the States of Maine and New HAMPSHIRE
IN 1873, in their report to the respective Leg
islatures, as also appears by the records.
This would seem to settle the question, but
1t has not prevented great deal of discus
sion and dispute Twice. at least, the courts
have decided in the same way, once being on
the occasion Of the prize fight on the island.
The United States enrolment and revenue
bureaus have done likewise; and State,
county and town taxes and pauper cases
have always followed suit-that is where
there has been any population or taxes as
sessed there, which does not seem to have
always zen the case. In the present in
stance, the residents on the Shoals were
earnest to decide Smutiy Nose in New Hamp.
shire, as they think Wagner might stand
some chance of being hung there, if convict
ed. The Portsmouth officers were also de-
sirous of securing the trial under their
charge; but the higher authorities on both
sides OF the river have decided that Maine
is to have the prisoner. The only supporting
evidence in favor Of the island being partly
in Maine, was claimed is, that on the
map OF the coast surveya line is run across
Snntty Nose, which leaves the section con-
tanning the house on the New Hampshire
side; but this is not given as a State line,
and, of course, the question is not one for
the United States coast survey at all. Smut
~ Nose island is owned by Messrs. Laiehton,
the hosts at Appledore House.