authority of the State of New Jersey, against any person accused of an offense committed within that State, or committed on board of any vessel being under the jurisdiction of that State, as aforesaid, or committed against the regulations made or to be made by that State in relation to the fisheries mentioned in the third article; and also civil process, issued under the authority of the State of New Jersey, against any person domiciled in that State, o against property taken out of that State to evade the laws thereof, may be served upon any of the said waters within the exclusive jurisdiction of the State of New York, unless such person or property shall be on board of a vessel aground upon, or fastened to, the shore of the State of New York, or fastened to a wharf adjoining thereto, or unless such persons shall be under arrest, or such property shall be under seizure, by virtue of process or authority of the State of New York.

ARTICLE SEVENTH.-" Criminal process, issued under the authority of the State of New York, against any person accused of an offense committed within that State, or committed on board of any vessel being under the exclusive jurisdiction of that State, as aforesaid, or committed against the regulations made or to be made by that State in relation to the fisheries mentioned in the fifth article; and, also, civil process, issued under the authority of the State of New York, against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any of the said waters within the exclusive jurisdiction of the State of New Jersey, unless the person or property shall be on board a vessel aground upon, or fastened to, the shore of the State of New Jersey, or fastened to a wharf adjoining thereto,

or unless such person shall be under arrest, or such property shall be under seizure, by virtue of process or authority of the State of New Jersey.

ARTICLE EIGHTH.-"This agreement shall become binding on the two States when confirmed by the Legislatures thereof respectively, and when approved by the Congress of the United States."

NOTE 22.-Page 83.

Relative to the Controversy with New Jersey.

In a note of the revisers of 1830 (vol. 3, R. S., 425), a reference is made to the history of this controversy, as detailed by Smith, in his History of New York, p. 228, and to various acts of the Colonial Assembly, passed to obtain a settlement of the boundary.

In the Journal of the Assembly (vol. 2, p. 393) is a document, showing the violence with which this dispute was carried on, and containing much interesting historical

matter.

In the year 1806, an attempt was made to adjust the difficulty. New Jersey passed an act appointing commissioners, which was followed by New York. The attempt failed, each party insisting upon their respective claims— New Jersey that her territory extended to the middle of the Hudson River, and New York that it was only to low water mark, on the western shore. [See the report of the Commissioners to the Governor, Senate Journal of 1808, p. 51.]

On the 6th of April, 1808 (1 R. S., 1813, p. 238), an act of our Legislature was passed relating to this subject. It recited the statute of New Jersey, of the 2d of November, 1806, appointing commissioners for the adjustment of the line, as also the act of our own Legislature for the same purpose. That the Commissioners had met without coming to any agreement, and that it appeared by the report of the New York Commissioners, that the State of New Jersey claimed, as comprehended in the grant from the Duke of York to Carteret and Berkeley, the Hudson River, ad filum aquæ, as far down as Sandy Hook; but that New York had, coeval with the commencement of the colonial government of the two States, hitherto actually exercised or possessed the jurisdiction over the Hudson River and Staten Island, and the bay between it and Long Island, as a portion of her rightful territory. The act then proceeded to declare, that it was the duty of the Governor to sustain the jurisdiction of the State over the said territory until the State should be evicted thereof by due course of law; and also, that the whole of Hudson River, southward of the northern boundary of the city of New York, and the whole of the bay between Staten Island and Long or Nassau Island, should henceforth be deemed to be within the jurisdiction of the city and county of New York, and that all the offenses against the act should be cognizable in the courts held in and for such city and county."

NOTE 23.-PAGE 94.

Form of a Ground Brief.

We, William Kieft, Director General, and the Counsellors, in behalf of the High and Mighty Lords, the States

General of the United Netherlands, His Highness (the Prince) of Orange, and the Noble Lords the Managers of the Incorporated West India Company in New Netherland residing, make known, that we on this day, the date underwritten, have awarded and granted unto Tymen Jansen, a certain piece of land lying and bordering on the Marsh (valley), with the condition that the said Tymen shall, in connection with the aforesaid land, possess in his own right the marsh lying behind and before his land, which are separated by Kils (creeks), and all this with the express condition and terms that the said Tymen Jansen, or those who, by virtue of these presents, shall obtain his action, shall acknowledge the Noble Lords and States General, the managers aforesaid, for their Lords and Patroons, under the sovereignty of the High and Mighty Lords, the States General, and to their Directors and Counsellors here, shall in all things be conformed as all good citizens are in duty bound; provided, also, that the said Tymen shall submit to all such burdens and imposts as by the Noble Lords already have been directed, or hereafter shall be directed; constituting over the same, the said Tymen Jansen, in our stead, in the real and actual possession of the aforesaid piece of land and marsh thereunto appertaining; giving him by these presents, full right, authority, and special permission, the above described parcel of land to enter, cultivate, and use in like manner as he has the right to do, with other his patrimonial lands and effects, without our, the Grantors, in our quality as aforesaid, thereof, any longer having, reserving, or saving any part, action, or control whatever; but to the behoof as aforesaid therefrom desisting, from this time forth and forever; Promising this Transport firmly, inviolably, irrevocably, to maintain, fulfill

and execute, and to do all that in equity we are bound to do, without fraud or deceit. These presents have been by us undersigned and confirmed, with our seal of red wax, here underneath suspended. Done at Fort Amsterdam, this day of A. D. 1642, was undersigned,

WILLIAM KIEFT.

Lower down:

By order of the Noble Lords, the Director General and Counsellors of New Netherlands, and was signed,

CORNELIUS VAN TIENHOVEN, Sec'y.

Confirmation of a Ground Brief.

RICHARD NICOLLS, Esquire, Governor, &c.

Whereas, there was heretofore a Patent, or ground brief, granted by the Dutch Governor, William Kieft, to Govert Lockerman and C. Lockerman, for a house and lot upon the Island, towards the East river, (description.) The said Patent, or ground brief, bearing date the 26th day of March, 1642. Now, for a confirmation unto the said Govert Lockerman in his possession and enjoyment of so much of the premises as remains untransported, Know Ye, that by virtue of the Commission, &c., I have ratified, confirmed, and granted, and do hereby ratify, confirm, and grant unto said Govert Lockerman, the parcels untransported, and to all persons unto whom transports have been made, their several parcels. To Have and Hold to them, their heirs and assigns, forever.

The patent dated 18th April, 1667.

No. 24, see end of volume.