I agree that the boundary through Portsmouth Harbor in the wide mouth of the
Piscataqua River lacks proper demarcation, but any fair interpretation of the
1740 royal decree's "Middle of the River" would have to leave the naval base on
Seavey Island in Maine. There's no comparison between the wide, deep channel
south of the island and the narrow, shallow, and twice bridged channel north of
the island. Just look at the soundings on the topo map!
New Hampshire's previous claim to the low water line on the north shore (shot
down by the Supremes in 2001 without telling us where the boundary really is)
was clearly based on something other than the aforementioned order of George II
in council--namely prescription and acquiescence.
I suspect that the comedian from Dover, New Hampshire, who wishes to avoid Maine
income taxes on his earnings at the naval yard, is going to say:
"Well, you know, Maine (and Massachusetts before it) were in past times rather
lax in asserting their sovereignty over Seavey Island, and the feds were
perennially confused as to the postal address for the naval base, so that puts
it in tax-free New Hampshire!"
I seem to recall that a long history of federal involvement that was oblivious
to the presence of any state boundary, coupled with extended neglect by New
Jersey, did not avail New York any more of Ellis Island than Charles II had
granted to the Duke of York in 1664. I suspect that the Supremes will rule this
time as they did then.
I don't blame Mr. Bourre for pointing out that the boundary is uncertain and
bringing the issue to a head; but in the meantime, I'd advise him to set aside
the money that Maine wants. Anything else would be wishful thinking.
Lowell G. McManus
Leesville, Louisiana, USA
----- Original Message -----
From: "m06079" <barbaria_longa@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Wednesday, March 17, 2004 11:30 AM
Subject: [BoundaryPoint] Re: a funny thing keeps happening on the way to menhus
> the legal briefs behind the tax revolt bravura
> http://supct.law.cornell.edu/supct/html/130ORIG.ZS.html
>
> & tho the usgs topo does indeed place seavey island shipyard
> squarely within maine
> http://topozone.com/map.asp?lat=43.08083&lon=-70.735
> if you zoom out & pan around from there
> especially toward the south
> you will find clear signs of the border uncertainty &or conflict that
> does indeed prevail thruout this area
>
> which btw is also the cause & general area of the police condo
> tho i still cant positively identify its tripoints or true extent
>
> & the uncertainty of all the above is just the result of not knowing
> which interpretation to honor of the legal delineation
> namely
> the middle of the river
> or the main navigation channel
> or whatever
>
> but especially wherever islands such as this one are concerned
>
> & thats the question that is probably headed back to the
> supreme court right now with our comedian friend here
> one way or the other
>
> & we
> the precision try pointers of the world
> well we can only stand by hoping the court will have the good
> sense to take this opportunity to secure the entire menh border
> from ever blowing in the wind again
> & therefore to pin it down all the way to menhus
>
> --- In BoundaryPoint@yahoogroups.com, "acroorca2002"
> <orc@o...> wrote:
> >
> http://www.seacoastonline.com/news/03162004/news/5522.htm
> >
> > --- In BoundaryPoint@yahoogroups.com, "m06079"
> > <barbaria_longa@h...> wrote:
> > > ah so
> > > already plumbed your well to a happy ending too i trust
> > >
> > >
> > > & to review & summarize what else of relevance we have
> been
> > > seeing here on menh in recent years
> > >
> > > 1
> > > this man is just the van & tip of a rising iceberg of tax revolt by
> > > portsmouth shipyard workers resident in maine
> > > which has been bringing this ill defined border to a political
> > head
> > > over many months now
> > >
> > > 2
> > > believe it or not
> > > the unresolved legal issues are pretty much as stated in the
> > > article
> > > as i understand them
> > >
> > > so this boor fellow may really know whereof he boasts
> > >
> > > in fact i would bet this mess is more than ripe enough to rise
> > > straight to the supreme court again
> > > unless they nip it in the bud with an instant border
> commission
> > >
> > > & that is something they appear to have been assiduously
> > > avoiding
> > > unlike our wild & crazy ctri messers
> > >
> > > 3
> > > pro tempore
> > > there is a de facto police condominium of the busiest areas
> of
> > > the piscataqua harbor area
> > >
> > >
> > > & 4
> > > as you probably also know
> > > & as has already come up in this case
> > > even an official map does not necessarily define a border
> > > nor dispose of a dispute
> > >
> > >
> > > --- In BoundaryPoint@yahoogroups.com, "Lowell G.
> McManus"
> > > <mcmanus71496@m...> wrote:
> > > > I hope that this does lead to a clarification of MENHUS, but I
> > > don't think the
> > > > fellow has much of a chance with his tax case. I have a
> > "1977
> > > Official Highway
> > > > Map of New Hampshire" issued by the New Hampshire
> > > Division of Economic
> > > > Development that clearly shows (in its Portsmouth inset)
> that
> > > the Portsmouth
> > > > Naval Shipyard is in Maine.
> > > >
> > > > Lowell G. McManus
> > > > Leesville, Louisiana, USA
> > > >
> > > >
> > > > ----- Original Message -----
> > > > From: "Michael Donner" <barbaria_longa@h...>
> > > > To: <BoundaryPoint@yahoogroups.com>
> > > > Sent: Monday, March 15, 2004 1:31 PM
> > > > Subject: [BoundaryPoint] a funny thing keeps happening on
> > the
> > > way to menhus
> > > >
> > > >
> > > > > this one ought to spawn a whole new menh border
> > > commission &or supreme court
> > > > > culmination
> > > > >
> > >
> >
> http://www.seacoastonline.com/news/03152004/news/5417.htm
> > > > > & put an end to both of the outstanding menh enigmas
> > > > >
> > > > > this famously convoluted & urgent one in piscataqua
> > harbor
> > > > >
> > > > > &
> > > > >
> > > > > the forgotten
> > > > > & indeed practically esoteric
> > > > > final stitch
> > > > > from the breakwater at the isles of shoals to the 3mile
> > limits
> > > at menhus
> > > > > aka mes
> > > > > aka nhe
> > > > >
> > > > > & the gathering legal storm should lead to the resolution
> of
> > > both areas &
> > > > > thus to the tripoint
> > > > > which is still technically flapping in the wind
> > > > >
> > > > >
> > >
> >
> __________________________________________________
> > > _______________
> > > > > Learn how to help protect your privacy and prevent fraud
> > > online at Tech
> > > > > Hacks & Scams.
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> > > > >
> > > > >
> > > > >
> > > > > Yahoo! Groups Links
> > > > >
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> > > > >
> > > > >
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