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Articles of agreement.

CHAP. 126. An act giving the consent of Congress to an agreement or compact entered into between the State of New York and the State of New Jersey, respecting the territorial limits and jurisdiction of said States.

Whereas commissioners duly appointed on the part of the state of New York, and commissioners duly appointed on the part of the state of New Jersey, for the purpose of agreeing upon and settling the jurisdiction and territorial limits of the two states, have executed certain articles, which are contained in the words following, viz:

Agreement made and entered into by and between Benjamin F. Butler, Peter Augustus Jay and Henry Seymour, commissioners duly appointed on the part and behalf of the state of New York, in pursuance of an act of the Legislature of the said state, entitled "An act concerning the territorial limits and jurisdiction of the state of New York and the state of New Jersey," passed January 18th, 1833, of the one part; and Theodore Frelinghuysen and James Parker and Lucius Q. C. Elmer, commissioners duly appointed on the part and behalf of the state of New Jersey, in pursuance of an act of the Legislature of the said state, entitled "An act for the settlement of the territorial limits and jurisdiction between the states of New Jersey and New York," passed February 6th 1833, of the other part.

ARTICLE FIRST. The boundary line between the two states of New York and New Jersey, from a point in the middle of Hudson river, opposite the point on the west shore thereof in the forty-first degree of north latitude as heretofore ascertained and marked, to the main sea, shall be the middle of the said river, of the bay of New York, of the waters between Staten Island and New Jersey and of Raritan Bay, to the main sea; except as hereinafter otherwise particularly mentioned.

ARTICLE SECOND. The state of New York shall retain its present jurisdiction of and over Bedlow's and Ellis's Island; and shall also retain exclusive jurisdiction of and over the other islands lying in the waters abovementioned, and now under the jurisdiction of that State.

Article third. The state of New York shall have and enjoy exclusive jurisdiction of and over all the waters of the bay of New York; and of and over all the waters of Hudson river lying west of Manhattan Island, and to the south of the mouth of Spuytenduyvel creek; and of and over the lands covered by the said waters to the low water mark on the westerly or New Jersey side thereof; subject to the following rights of property and of jurisdiction of the state of New Jersey, 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. The state of New Jersey shall have the exclusive jurisdiction of and over the wharves, docks and improvements, made and to be made on the shore of said state; and of and over all vessels aground on said shore, or fastened to any such wharf or dock; except that the said vessels shall be subject to the quaran

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tine or health laws, and laws in relation to passengers of the state of New York, which now exist, or which may hereafter be passed. 3. The state of New Jersey shall have the exclusive right of regulating the fisheries on the westerly side of the middle of the said waters, Provided, That the navigation be not obstructed or hindered.

ARTICLE FOUrth. The state of New York shall have exclusive jurisdiction of and over the waters of the Kill Van Kull between Staten Island and New Jersey, to the westermost end of Shooter's Island, in respect to such quarantine laws, and laws relating to passengers, as now exist or may hereafter be passed under the authority of that state, and for executing the same; and the said state shall also have exclusive jurisdiction, for the like purposes of and over the waters of the sound from the westernmost end of Schooter's Island to Woodbridge creek, as to all vessels bound to any port in the state of New York.

ARTICLE FIFth. The state of New Jersey shall have and enjoy exclusive jurisdiction of and over all the waters of the sound between Staten Island and New Jersey lying south of Woodbridge creek, and of and over all the waters of Raritan bay, lying westward of a line drawn from the light-house at Prince's bay to the mouth of Mattavan creek; subject to the following rights of property and of jurisdiction of the state of New York, that is to say:

1. The state of New York shall have the exclusive right of property in and to the land under water lying between the middle of the said waters and Staten Island.

2. The state of New York shall have the exclusive jurisdiction of and over the wharves, docks and improvements made and to be made on the shore of Staten Island, and of and over all vessels aground on said shore, or fastened to any such wharf or dock; except that the said vessels shall be subject to the quarantine or health laws, and laws in relation to passengers of the State of New Jersey, which now exist, or which may hereafter be passed.

3. The state of New York shall have the exclusive right of regulating the fisheries between the shore of Staten Island and the middle of the said waters; Provided, That the navigation of the said waters be not obstructed or hindered.

ARTICLE SIXTH. Criminal process under the authority of the state of New Jersey against any person accused of an offence 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 third article; and also civil process issued under the authority of the state of New Jersey 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 York, unless such person or property shall be on board 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 person shall be under

arrest, or such property shall be under scizure, 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 offence 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 sucl person or property shall be on board a vessel aground upon o fastened to the shore of the state of New Jersey, or fastened to a wharf adjoining thereto or unless such person shall be unde arrest or such property shall be under seizure, by virtue of pro cess or authority of the state of New Jersey.

ARTICLE EIGHTH. This agreement shall become binding or the two states when confirmed by the legislatures thereof, re spectively, and when approved by the Congress of the United States.

Done in four parts (two of which are retained by the Commis sioners of New York to be delivered to the governor of that state and the other two of which are retained by the Commissioners of New Jersey, to be delivered to the Governor of that State,) at the city of New York, this sixteenth day of September, in the year of our Lord, one thousand eight hundred and thirty-three, and of the independence of the United States, the fifty-eighth,

B. F. BUTLER,

PETER AUGUStus Jay,
HENRY SEYMOUR,

THEO. FRELINGHUYSEN,
JAMES PARKER,

LUCIUS Q. C. Elmer.

Consent of

en thereto,

Proviso.

And whereas the said agreement has been confirmed by the legislatures of the said states of New York and New Jersey, respectively, Therefore,

1. Be it enacted, &c. That the consent of the Congress of the Congress giv- United States is hereby given to the said agreement, and to each and every article thereof, Provided, that nothing therein contained shall be construed to impair or in any manner affect, any right of jurisdiction of the United States in and over the islands or waters which form the subject of the said agreement. [Approved, June 28th, 1834.]

CHAP. 128. An act to amend an act entitled "An act to annex a part of the State of New Jersey to the collection district of New York; to remove the office of collector of Niagara to Lewistown; to make Cape St. Vincent, in the district of Sackett's harbor, a port of delivery; and out of the districts of Miami and Mississippi, to make two new districts, to be called the districts of Sandusky and Teche, and for other purposes."

§ 1. Be it enacted, &c. That there shall be paid, annually, to $200 annually the collector of the port of Franklin, in the district of Teche, in to be paid to lieu of all demands against the Government of the United States the collector for house rent, storage, and so forth, the sum of two hundred and of Teche. fifty dollars. [Approved, June 30th, 1834.]

CHAP. 130.

An act authorising the President of the United States, to cause certain roads to be opened in Arkansas.

of the district

Helena to

§ 1. Be it enacted, &c. That the sum of ten thousand dollars be $10,000 for a and the same is hereby appropriated, out of any money in the road from treasury not otherwise appropriated, to enable the President of the mouth of the United States to cause a road to be opened from Helena, in Cache river. Arkansas Territory, to the mouth of Cache river; also, a road leading from Jackson in the county of Lawrence, by Liberty and Fayetteville, in the county of Washington, in the aforesaid territority, to Fort Smith: And also, That the sum of seven thousand dollars be, and the same is hereby appropriated, for the purpose road from of locating and constructing a road from Strong's (a point on the Strong's to military road from Memphis to Little Rock) by Letchfield in Batesville. Jackson county, to Batesville, in the territory of Arkansas. [Approved, June 30, 1834.]

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$7,000 for a

suspended.

CHAP. 131. An act to suspend the operations of certain provisoes of "An act to alter and amend the acts imposing duties on imports,' approved the fourteenth day of July, eighteen hundred and thirty-two. §1. Be it enacted, &c. That the provisoes of the tenth and Part of the act twelfth clauses of the second section of the act to alter and amend of fourteenth the several acts imposing duties on imports, passed July four- July, 1832, teenth, eighteen hundred and thirty-two be, and the same are Act of 1832, c. hereby, suspended until the third day of March next. And in 224, ante p. the mean time, that the secretary of the treasury be directed to 2317. inquire, whether it be necessary to except any manufactured Sec. of treasuarticles from the operation and effect of those provisoes by reason ry to make reof the difficulty of ascertaining the duties chargeable upon such port to Con. articles; and that he make report to Congress, at the commencement of the next session. [Approved, 30th June, 1834.]

CHAP. 132. An act for the better organisation of the United States

"Marine Corps."

gress.

corps

shall

§ 1. Be it enacted, &c. That from and after the passage of this Of what the act, the Marine Corps shall consist of the following officers, non- consist commissoned officers, musicians and privates, viz. one colonel commandant, one lieutenant-colonel, four majors, thirteen captains, twenty first lieutenants, twenty second lieutenants, one adjutant and inspector, one paymaster, one quartermaster, one assistant quarter

master, one sergeant major, one quartermaster sergeant, one drum major, one fife major, eighty sergeants, eighty corporals, thirty To be subject drummers, thirty fifers, and one thousand privates.

to the laws for the government of the Navy. Except when

on service

with the army.
Enlistments
to be four

years, and ma-
rines exempt

from arrest for debt.

§ 2. And be it further enacted, That the said corps shall, at all times, be subject to, and under the laws and regulations which are, or may hereafter be, established for the better government of the navy, except when detached for service with the army by order of the President of the United States.

§ 3. And be it further enacted, That the officers non-commissioned officers, musicians and privates, shall take the oath prescribed by law, and that all enlistments shall be for a term of four years, during which period marines, so enlisted, shall be, and are hereby exempt from all personal arrest for debt or contract. §4. And be [it] further enacted, That the officers of the Marine cers as in the Corps shall be, in relation to rank, on the same footing as officers of similar grades in the army: Provided, That no officer of the Marine Corps shall exercise command over any navy yard or vessel of the United States.

Rank of offi

army. Proviso.

Pay and emoluments.

Staff.

Existing commissions not

vacated.

President to

§ 5. And be it further enacted, That the officers of the Marine Corps shall be entitled to, and receive the same pay, emoluments, and allowances, as are now, or may hereafter be, allowed to officers of similar grades in the infantry of the army, except the adjutant and inspector, who shall be entitled to the same pay, emoluments and allowances, as are received by the paymaster of said corps; and the non-commissioned officers, musicians and privates, shall be entitled to the same pay, rations, clothing, and allowances, as they now receive.

§ 6. And be it further enacted, That the staff of said corps shall be taken from the captains or subalterns of the corps.

§7. And be it further enacted, That the commissions of the officers now in the Marine Corps shall not be vacated by this act, and that the President of the United States may during the recess of the senate, first by promotions according to rank and then by selections, appoint the officers hereby authorised, which appointments shall be submitted to the senate, at their next session, for their advice and consent.

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§ 8. And be it further enacted, That the President be and prescribe re- he is hereby authorised to prescribe such military regulations for gulations. the discipline of the Marine Corps, as he may, in his judgment, deem expedient.

Parts of form

ed.

137, vol. 2, p. 1278.

C.

§ 3. And be it further enacted, That so much of the fourth er acts repeal- section of an act, passed the sixth day of July, in the year one thousand eight hundred and twelve, entitled "An act making further provision for the army of the United States, and for other purposes," or of any other act as authorises the President to confer brevet rank on such officers of the army or of the marine corps, as shall have served ten years in any one grade, shall be, and the same hereby is, repealed; and so much of the second section of an act passed the sixteenth of April, one thousand eight hundre and eighteen, entitled " An act regulating the pay and emoluments of brevet officers," as may be applicable to the clause herein above repealed, shall be, and the same hereby is, also repealed: Provided, Nothing herein shall affect any right already acquired by ten years, expired service to brevet rank.

Act of 1818,c.

59, vol. 3, p. 1672.

Proviso.

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