Page:United States Reports, Volume 209.djvu/503

 09 U. Op/nion of t12 Court The plaintiff in error contended that, as New Jersey had not the fight to tax, the attempt was to deprive the prosecutor of its property contrary to the Fourteenth Amendment, and brought the case here. The decision depends upon the construction of an agement made between New Jersey and New York for the purpose of settling the territorial limits and jurisdiction of the two States, which previously had been the subject of'dispute. This agree- ment was made by commissioners appointed for the purpose, was confirmed bY New York on February 5, 1834, Laws of 1834, ch. 8, p. 8, and by New Jersey on February 26, 1834, LaWS of 1834, p. 118, and was approved by Congress by act of June 28, 1834, c. 126. 4 Stat. 708.. By Article I, the boundary line between the two State from a point above the land in dis- pute is to be the middle of the Hudson River, of the Bay of New York, of the water between Staten Island and New Jersey, etc., "except as hereinafter otherwise particularly mentioned.'.' By Article II, New York retains its present jurisdiction over Bedlow's and Ellis Islands, and exclusive jurisdiction over certain other islands in the waters mentioned. By Article III, New York is to have "exclusive jurisdiction of and over all the waters of the Bay of New York, and of and over all the wa- ters of the Hudson River lying west of Manhattan Island and to the south" of the above mentioned point, "and of and over the land covered by the said waters to the low water mark on the westerly or New Jersey side thereof, subject to the follow- ing rights of property and jarisdiction of the State of New Jer- sey, that is to say: 1. The State of New Jersey shall have the exclusive right of property in and to the land under water 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 Manhattan Island and New Jersey." 2. New Jersey is to have exclusive jurisdiction over wharves, docks and improvements made or to be made on its shore and over vessels aground or fastened there, subject to the quarantine and passenger laws of New York. 3. New Jersey is to have the exclusive fight of

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