New Jersey Department of Environmental Protection

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1

2 Richard G. Castagna Lawrence l. Thornton & John M. Tyrawski New Jersey Department of Environmental Protection Trenton, New Jersey

3 Ellis Island Today: Located in the Upper Bay West of Jersey City and Southwest of Manhattan

4 Tile Issue: Filing the Suit In 1993 the New Jersey filed a lawsuit asking the U.S. Supreme Court to settle the dispute between New York and New Jersey over Ellis Island. New Jersey claimed that New York's jurisdiction to the island was limited, under the compact of 1834, to the island as it existed in New Jersey argued that the acres of filled lands surrounding the original island should be subject to New Jersey's sovereignty and jurisdiction. New York aisagreed, claiming jurisdiction to the entire island as it exists today.

5 The Process The U.S. Supreme Court first names a Special Master who hears testimony from both states and reviews all the pertinent information submitted by the states to support their claims. Paul Verkuil, former President of The College of William & Mary, was named Special Master. The Special Master then submits a report to the full Supreme Court summarizing the evidence and making a recommendation on the settlement. The high court then makes their determination on the final boundary settlement.

6 The Evidence: Pertinent Information

7 The Compact of 1834 In 1834, the states of New Jersey and New York entered into a compact to establish their common boundaries. The commissioners of both states set the line between the two states as the center of the Hudson River and the Bay of New York. Although Ellis Island was clearly on New Jersey's side of the boundary, the compact provided that the island was part of New York. The compact also provided that New Jersey receive the sovereignty rights over the submerged lands around the island. The island was originally 2.74 acres.

8 The Maps: Ellis Island New Jersey New York Ellis Island (1995 Image) Showing the Jurisdictional Boundary Between New York and New Jersey Determined by the US Supreme Court Decision Ellis Island 1857 US Coast Survey Showing the Low Water Line. This Line Was Used to Determine the Jurisdictional Boundary Between the States A Cartographic History of Ellis Island

9 Ellis Island 1766: The Razner Survey The original island is situated in New York Bay off New Jersey. The island was known then as Bucking Island. Thomas Pitken in his book Keepers of the Gate said that Ellis Island in the 18th century was a "a tiny bank of mud and sand mixed with oyster shells... scarcely rising above the water at high tide."

10 Ellis Island: As Fort Gibson 1819 The Federal Government bought the island in 1808 for $1 0,000. f- Fort Gibson was built several months prior to the War of f- 2 angle points from the wall were used in the 1995 GPS investigation. - I'. ;'~ -,., \ ~\.. ) t. " I. "/-. f -- t s

11 New York Harbor, Showing Ellis & Bedloes Islands, U.S. Coast Survey 1857 This map was the most important map at the trial. US Supreme Court relied on this map to define the boundary between New York and New Jersey to the low water line (L W).., Y 0 R K., n A Y -

12 Special Master to the US Supreme Court Paul Verkuil Stated: "I find that the 1857 United States Coast Survey map advocated by New Jersey for use in delineating the boundary on Ellis Island most accurately depicts the size and shape of the original Island to the MLW mark."

13 Ellis Island, U.S.Coast Survey 1857 The location of 1. the original fort I I wall as shown here was critical in supporting the alignment of the historical maps used to define New ' ~ Jersey's claim e a. I J. t I I,!.

14 Plan of Ellis Island, March 26, 1870

15 0.. Map Showing the Boundary Line Between the States of New York and New Jersey, 1889,!" t ' 0 NNW ~ ~-- / ~' H _,,' Jf...,."'....., _..!. ~,I -... ~'....~J"" _,.Jo" _ /~". -~ \ t-;v / ~0 ~... } ~- "/. /;/_.... / ('! ' ) -/ / ~ /. N I / Q't"...,/../... #. / ' J. ~ I DAY/..,' / -... / " oi...,..0-

16 Plan of Bulkhead, Crib, Breakwaters, Filling and Dredging on Dock Basin and Channel for U.S. Immigration Station at Ellis Island, 1890.o... o D '\ ~ \

17 Pierhead and Bulkhead Lines for Ellis Island, New Jersey as Recommended by the New York Harbor Line Board, ' '.... j ' ; I '... '!. / /.- I ~ n-tt.j. ~c~~a.o.i-..,..:o jt~ot-. ~Ui/~ clo-~~t:j.. ~d-tttoc-v. ~'lf~ cba.t.6c t....,_,..,...,_,w Sto-~:6(' ~" 'lf~ c:ga.z..~ot i1u <l>oaw ' A1' t"""t.,l Jr. 4o... u,,.._.,.. </IIi.._,.. ;;;_. <1.Y.~ "V- l,g,.,j.,,..,~..._...,.~, c. i,.,.. r o..~o.oc. "' "''-~.. e.,,...,- o~.....,;,,"''aa.. lll.of;o.,._'~ C.:.r.J. 1ut... ~.,t..... u...-:qi1kr~... H.fl,..~ 1~ u.11 '. J... ~ s...r..~. \Hd rlr. -=+, f i, L--m;-...,. )'...,_. r -b----r---ent&i::-r / ' ''.. -' I '..... '

18 1921 Aerial (oblique) View of Ellis Island

19 Ellis Island 1934: The Final Fill This photo shows the last sections of Ellis Island being actively filled. Elongated pipes to transport fill are visible in the area later to be occupied by the ferry house.

20 This aerial view of Ellis Island shows it completely filled and as it exists today. After 1940, no additional expansion of the island was made. Ellis Island 1940: Completely Filled

21 The Verdict In January 1998, final arguments by each state were made before the Supreme Court. In May, the court rendered its decision.... Ellis Island, NY?? or Ellis Island, NJ?? Or both???

22 The U.S. Supreme Court Ruling: May 26, 1998 State of New Jersey, Plaintiff v. State of New York ''Held: New Jersey has sovereign authority over the filled land added to the original Island.'' The vote was 6-3

23 The Implementation The NJDEP was directed to prepare the Ellis Island boundary based on the Supreme Court's decision. The mapping was completed using GIS, Arc/INFO and ArcView, and using CAD Ctrawings and GPS technology. The 1857 US Coast Survey Topographic Sheet was used as the basis.

24 The GIS Process The 1857 US Coast Survey Map was scanned at the NJ Geologic Survey, as a.tif image file. The.tif image was brought into Arc View and the low water line was captured as a new theme (line). The Low Water Line is represented by a series of dots on the 1857 map. These dots were connected as centroid points in a line shapefile. Tic marks (NJSPC feet, NAD27) registering the island to the 1977 orthophoto tidelands basemap were also captured. The line was converted to a coverage, tic files were created, and the points were transformed and projected to State Plane Feet, NAD83.

25 A Close-Up of the 1857 U.S. Coast Survey Map Showing the Low Water Line as a Series of "Dots" I GIS CaB ~ -.. I... I Low Water Line.. Ill ' '

26 The 1857 U.S. Coast Survey Showing One Control (Tic) from the Riparian Mapping Effort (NJSPC, NAD27)

27 GPS Technology was employed to locate the exact positions of the excavated historic angle points of the old fort wall (picture) and to delineate the extent of the present day island. These points were used to assist in the placement of the historic 1857 delineation on the present day island (1995 image) using GIS technology.

28 The 1857 Mean High Water Line (Red Line) Projected to SPC NAD83 With the Two 1995 GPS Angle Locations of the Wall of Fort Gibson and the Original TIFF Image of the 1857 Map... The Spatial Relationship Between the GPS Angle Points to the Mean High Water Line Confirms the Placement of the Low Water Line on the Present Day Island.

29 Ellis Island, New Jersey, New York: 1995 Color Infrared Aerial View With the Final 1857 Low Water Line (In White)

30 Compromise Delineation of Disputed Pier Area.. '

31 Jurisdictional Boundary and Building Footprints: Ellis Island, New Jersey and New York. ADMINISTRATION BUILDING BAGGAGE HANDLING & DOR ITORY WALL OF HONOR FERRY SLIP ANGLE POINTS

32 Special Thanks to the Following Individuals: Lou Marchuk, NJDOT Final Survey Description Robert Cubberley, NJDEP Preliminary Field Work MaryAnn Scott, NJGS Bill Andersen, DAG Scan of 1857 Coast Survey Map Document and Case Preparation Andrew Weirback, NJDEP AutoCad Maps Powerpoint by: Lawrence L. Thornton

33 End Notes Lawrence L. Thornton and John Tyrawski delineated the state boundary line as per the court ruling using GIS technology. Original NJDEP Riparian Delineation by Lawrence L. Thornton.

34 The End

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