Who owns the Statue of Liberty? New York or New Jersey? It should be straight forward, but the island upon which the statue stands, Liberty Island… … has been part of a long fight between the states over their river border… … and the islands between them, … … with rounds in the 90s, the 80s, the 30s (the 1830s) and possibly more beyond 2000.
But to understand we must first go back to the 1600s. New Netherland was minding her own business, when England using bigger-navy diplomacy made the Dutch colony hers. Here the trouble begins, for England split New Netherland in twain, but not cleanly. The mess wasn't entirely England's fault. She was far away and maps in the 1600s, while they weren't bad, they weren't good either. Thus, the charter splitting New Netherlands reads [*clears throat*]: … "THIS INDENTURE made the four and twentieth day of June, in the sixteenth year of... [*mumbles*] ... ...Whereas... by Letters under Patents of the Great Seal of England, bearing date on or about the twelfth day of... ... [duhduhduhduhduh... OK, OK], did... give and grant... … all that tract of land... belonging to the westward of Long Island, and Manhitas Island… … and bounded on the east part by the main sea, and part by Hudson's river... … which said tract of land is hereafter to be called by the name... of... … New Caeserea? Or New Jersey.” You pick. Ugh, hoo-boy is this not an easy read. Paragraph breaks, England, you should try them. This charter has uncertainty about the names of everything, wrong latitude and longitude numbers, and incomplete descriptions of the rivers. It's all a vague mess. For example, is this part of the Hudson river, or not? The charter doesn’t say. And "bounded on the east" but where? And there's another part about "several other islands" but, which islands exactly? Like, say Ellis Island and Liberty Island? England said, whatever, your problem now and left the young colonies to three hundred years of squabbling. New Jersey said the Hudson flowed out to sea, and her border ran down the middle of the river,… … like it does in every other colonial charter, and thus the islands Staten, Ellis, and Liberty were hers. But New York, the Empire State, disagreed. The Hudson river? Flows roundward then onward. These islands? New York. And also the river, the whole river, and the piers you've built into the river. All New York. All belong to us. New Jersey didn't agree, but when borders are vague, bigger stick diplomacy rules. And with the wealthy and powerful city of New Amster-- er... New York at the heart of the conflict, … … New York got what New York wanted. When New Caeser-- er... New Jersey asked: "Why don't we split the river?" New York asked: "Why don't you make me?" And also: "Where are my taxes from those piers?" And also: “This island is a small pox quarantine now." And also: "Stop hitting yourself." By 1832, New Jersey had enough and called in the teacher, er... Supreme Court. New York didn't show up -- saying the court had no authority to settle a disagreement between the states. Which sounds crazy now but was kind of an unsettled question at the time. Because America was having power struggles with unruly states then… … and New York blowing off the Supreme Court wasn't helping. Worse: if the Supreme Court ruled New York must share her borders (which seemed likely) … … New York would comply... whoops, NO, New York was going to tell the court to get bent. America, trying to grow up to be a powerful federal goverment, did not want this.
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