Part 2

_L. S._ “Thomas Dongan, Lieutenant Governor, and Vice Admiral of New-York, and its dependencies under his Majesty James the Second, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c.--Supreme lord and proprietor of the Colony and province of New-York and its dependencies in America, &c. To all to whom this shall come sendeth greeting, whereas the Honorable Richard Nicolls, Esq. formerly Governor of this province, did by his certain writing or patent under his hand and seal, bearing date the eighteenth day of October, Annoque Domini, one thousand six hundred and sixty-seven, ratifie, confirm and grant unto Jan Everts, Jan Damen, Albert Cornelissen, Paulus Verbeeck, Michael Enyle, Thomas Lamberts, Tunis Gisberts Bogart, and Joris Jacobsen, as patentees for and on behalf of themselves and their associates, the freeholders and inhabitants of the town of Breucklen, their heirs, successors, and assigns forever, a certain tract of land, together with the several parcels of land which then were or thereafter should be purchased or procured for and on behalf of the said town, whether from the native Indian proprietors, or others within the bounds and limitts therein sett forth and expressed, that is to say, the said town is bounded westward on the further side of the land of Mr. Paulus Verbeeck, from whence stretching south-east they go over the hills, and so eastward along by the said hills to a south-east point, which takes in all the lotts behind the swamp, from which said lotts they run north-west to the River, and extend to the farm on the other side of the hills heretofore belonging to Hans Hansen, over against Keak or Look-out, including within the said bounds and limitts all the lots and plantations, lying and being at the Gauwanes, Bedford, Wallabocht and the ferry, all which said parcells and tract of land and premises within the bounds and limitts aforementioned described, and all or any plantation or plantations thereupon, from henceforth are to be, appertain and belong to the said town of Breucklyn, Together with all harbor, havens, creeks, quarries, woodland, meadow ground, reed land or valley of all sorts, pastures, marshes, waters, rivers, lakes, fishing, hawking, hunting, fowling, and all other profits, commodities, emoluments and hereditaments to the said lands and premises within the bounds and limitts set forth, belonging, or in any wise appertaining, and with all to have freedom of commonage for range and feed of cattle and horses, into the woods with the rest of their neighbours, as also one third part of a certain neck of meadow ground or valley, called Seller’s neck, lying and being within the town of Jamaica, purchased by the said town of Jamaica from the Indians, and sold by them unto the inhabitants of Breucklen aforesaid, as it was laid out aforesaid, and divided by their mutual consent and order of the Governor. To have and to hold unto them the said patentees and their associates, their heirs, successors and assigns forever, as by the said patent reference being thereunto had, doth, fully and at large appear. And further, in and by the said patent, the said Governor, Richard Nicolls, Esq. did erect the said tract of land into a township by the name of Breucklen aforesaid, by that name and style to be distinguished and known in all bargains, sales, deeds, records and writings whatsoever; and whereas the present inhabitants and freeholders of the town of Breucklen aforesaid, have made their application to me for a confirmation of the aforesaid tract of land and premises in their quiet and peaceable possession and enjoyment of the aforesaid land and premises. Now Know Ye, That I, the said Thomas Dongan, by virtue of the commission and authority derived unto me, and power in me residing, have granted, ratified and confirmed, and by these presents do grant, ratifie and confirm, unto Teunis Gysberts, Thomas Lamberts, Peter Jansen, Jacobus Vander Water, Jan Dame, Joris Jacobs, Jeronimus Rapalle, Daniel Rapalle, Jan Jansen, Adrian Bennet, and Michael Hanse, for and on the behalf of themselves and the rest of the present freeholders and inhabitants of the said town of Breucklen, their heirs and assigns forever, all and singular the afore-recited tract and parcels of land set forth, limited and bounded as aforesaid; together with all and singular, the houses, messuages, tenements, fencings, buildings, gardens, orchards, trees, woods, underwoods, pastures, feedings, common of pasture, meadows, marshes, lakes, ponds, creeks, harbors, rivers, rivulets, brooks, streams, highways and easements whatsoever, belonging or in any wise appertaining to any of the afore-recited tract or parcells of land and divisions, allotments, settlements made and appropriated before the day and date hereof. To Have and To Hold, all and singular, the said tract or parcels of land and premises, with their, and every of their appurtenances unto the said Tunis Gysberts, Thomas Lamberts, Peter Jansen, Jacobus Vander Water, Joris Jacobs, Jeronimus Rappalle, Daniel Rappalle, Jan Jansen, Adrian Bennet and Michael Hanse, for and on behalf of themselves and the present freeholders and inhabitants of the town of Breucklen, their and every of their heirs and assigns forever, as tenants in common without any let, hindrance, molestation, right of survivorship or otherwise, to be holden in free and common socage according to the tenure of East Greenwich, in the county of Kent, in his Majesty’s kingdom of England. Yielding, rendering and paying therefor yearly, and every year, on the five and twentyeth day of March, forever, in lieu of all services and demands whatsoever, as a quit rent to his most sacred Majesty aforesaid, his heirs and successors, at the city of New-York, twenty bushels of good merchantable wheat. In testimony whereof, I have caused these presents to be entered and recorded in the Secretary’s office, and the seal of the Province to be hereunto affixed this thirteenth day of May, Anno. Domini, one thousand six hundred and eighty-six, and in the second year of his Majesty’s reign.

THOMAS DONGAN.”

Quit rents to the following amounts and at the following periods have been paid on the Brooklyn patents.

June 8, 1713. Paid to Benjamin Van de Water, Treasurer, the sum of £96 7s. 1d. for upwards of 16 years quit rent.

April 6, 1775. Charles Debevoice, Collector of the town of Brooklyn, paid to the Receiver General of the Colony of New-York, 20 bushels of wheat, for one year’s quit rent, due from said town.

November 9, 1786. Fernandus Suydam, and Charles C. Doughty, two of the Trustees of the town of Brooklyn, paid to the Treasurer of the State of New-York, the sum of £105 10s. in full for arrears of quit rent due from the said town.

TOWN RIGHTS AND FERRIES.

The difference between this town and the city of New-York relative to the water rights of the former, has deservedly excited the attention and interest of our inhabitants, as involving property to a great amount, and unjustly withholding from our town a revenue which would enable it to improve with almost unparalleled rapidity. In order that each person so interested may form a correct opinion of the subject matter in dispute, the Compiler has thought proper, under this head, to lay before them the foundations of the claims on both sides of the question.

October 18, 1667. In the reign of Charles 2d. Richard Nicolls, Esq. Governor General of the Province of New-York, under his Royal Highness James, the Duke of York, &c. afterwards James 2d. of England, granted to the inhabitants of this town a confirmatory patent, acknowledging that they were rightfully, legally and by authority in possession of the property and privileges they then enjoyed. The patent after naming the patentees, and describing the bounds of the town, and binding by the _River_ and not by high water mark, proceeds to say, “Together with all _havens_, _harbors_, creeks, marshes, _waters_, _rivers_, lakes, fisheries.” “Moreover, I do hereby give, ratify and confirm unto the said patentees and their associates, their heirs, successors and assigns, all the _rights_ and _privileges_ belonging to a town within this government.” Under this patent the town of Brooklyn justly claims the land between high and low water mark on their shore, in opposition to the claims of the Corporation of the city of New-York; and an equal right with them to erect ferries between the town of Brooklyn and the city of New-York.

It does not appear that there was any adverse claim on the part of New-York, until the 27th of April, 1686, _nineteen years_ after the date of the Brooklyn patent, when the Corporation of New-York obtained a charter from Governor Dongan, by which the ferries were granted to them, but not a word mentioned about the land between high and low water mark on the Brooklyn side. From the reading of this charter it appears as if the Governor was doubtful as to his right even to grant the ferry, for it contains an express saving of all the rights of all other persons, bodies politic and corporate, their heirs, successors and assigns, in as ample a manner, as if that charter had not been made.

May 13, 1686. The freeholders and inhabitants of Brooklyn somewhat apprehensive of encroachments by New-York, obtained from Governor Dongan, a patent under the seal of the Colony, fully confirming that granted them by Governor Nicolls.

May 6, 1691. An act was passed by the Governor, Council and General Assembly of the Colony of New-York, “for settling, quieting and confirming unto the cities, towns, manors, and freeholders within this Province, their several grants, patents and rights respectively.” By this act the freeholders and inhabitants of the town of Brooklyn were confirmed in the rights they possessed and enjoyed under their two several patents.

October 12, 1694. The Corporation of New-York, not thinking their foothold on the Brooklyn side sufficiently secure, purchased of one William Morris, for no specific consideration, a piece of land in Brooklyn near the ferry. This deed is the foundation of the Corporation claim to their land in the village of Brooklyn. A copy of which will be found in the appendix marked with the letter A.

Bent on unjustly wresting from the town of Brooklyn their water right, the Corporation on the 19th of April, 1708, obtained from Governor Cornbury, a man infamous for his vices, and disregard of justice, another charter, in which they came out more openly than before, and claimed the _vacant_ land to high water mark, on Nassau Island, reserving to the inhabitants of Brooklyn the right of transporting themselves in their own boats ferriage free, to and from New-York.[6] By this charter, no matter how ample soever they might have considered it at the time, they obtained nothing but _vacant_ land to high water mark; that is the land which was not already granted, and in the possession of some other person or persons, which was not the fact as to the land on the Brooklyn side, it being vested in the patentees, their heirs, successors and assigns forever; so that the only power or authority remaining in the Governor, was to grant the Corporation of New-York, the privilege of buying the water rights of the inhabitants of Brooklyn. But that would not answer their purpose, for those rights could be bought cheaper of Governor Cornbury, than they could of this town.

This proceeding on the part of New-York stimulated the inhabitants of Brooklyn to obtain from the Colonial Legislature in 1721, an act confirming their patent rights.

To obviate the effects of this law, and strengthen the charter of Cornbury, which from the circumstances under which it was obtained, the Corporation feared was invalid, on the 15th of January, 1730, they procured from Governor John Montgomerie, a new charter confirming their pretended right to the land to _high water mark on our shore_.[7]

The grants from the Corporation of New-York, under their two charters for the water lots on the Brooklyn side, are very artfully and ingeniously drawn. By those grants are only conveyed “all the estate, right, title, interest, property, claim, and demand whatsoever, in law and equity” of them the said Corporation; and their covenant for quiet possession only extends to them and their successors, and not against any other persons lawfully claiming the premises. These grants, in order to save the Corporation harmless against the claims of Brooklyn, also contained a covenant to the following effect: “It is hereby covenanted, granted and agreed upon by and between the parties to these presents (that is, the Corporation of New-York and the person to whom they give the grant,) and the true intent and meaning hereof also is, and it is hereby declared, that this present grant, or any words, or any thing in the same expressed, or contained shall not be adjudged, deemed, construed or taken to be a covenant or covenants on the part and behalf of the said parties of the first part, (that is, the Corporation of New-York) or their successors for any purpose or purposes whatsoever, but only to pass the estate, right, title, and interest, they have or may lawfully claim by virtue of their several charters, of in and to the said premises.” Which covenant evidently shews a want of confidence in the validity of their title on the part of the Corporation.

October 14, 1732. An act was passed by the General Assembly of this Colony, “confirming unto the City of New-York its rights and privileges.” By this act no addition was made to their former pretended rights.

November 14, 1753. The freeholders and inhabitants of this town appointed Jacobus Lefferts, Peter Vandervoort, Jacob Remsen, Rem Remsen, and Nicholas Vechte, Trustees, “to defend our patent where in any manner our liberties, privileges and rights in our patent specified is encroached, lessened or taken away by the commonalty of the city of New-York.” A copy of the proceeding of the town meeting at which the above trustees were elected will be found in the appendix marked B.

Not satisfied with the encroachments they had made, the Corporation began to question the right of the inhabitants of Brooklyn to cross to and from New-York ferriage free in their own boats, and to carry over the inhabitants in those boats;--the result was, that in July, 1745, a suit was commenced by one of the inhabitants of Brooklyn, named Hendrick Remsen, against the Corporation of New-York, which was tried before a jury in Westchester county. A special verdict was found setting forth all its patents and charters, and among other things, that the road from which the said Hendrick Remsen ferried the inhabitants of Brooklyn to and from New-York, “then and long before was laid out for a public highway leading down to _low water mark_ on the East River between the places aforesaid called the Wallaboucht and the Red Hook on Nassau Island, and the jurors aforesaid upon their oath aforesaid, do further say, that the River called the East River, over which the said Hendrick did carry the persons and goods aforesaid, from the said lands between the Wallabocht and the Red Hook, is a large and public and navigable river used by his Majesty’s ships and other ships and smaller vessels employed in trade and commerce, and hath always been so used from the first settlement of this Colony.” On argument judgment was rendered by the Supreme Court of this Colony in the month of October, 1775, in favour of Hendrick Remsen, that he recover his damages against the Mayor, Aldermen and Commonalty of the city of New-York, and the sum of one hundred and eighteen pounds, fourteen shillings and ten pence half penny for his costs and charges. An appeal to the King and Council from this decision, was brought by the Corporation, which was not determined in consequence of the Revolutionary war. There is a tradition in this town that the Corporation of New-York were so apprehensive of this claim on the part of the town of Brooklyn, that in order to disengage Hendrick Remsen from the interest of the town, they gave him a house and lot of land near Coenties Slip, in the city of New-York. How far this tradition is correct, the Compiler is unable to say.--It appears however, that he about that time became in possession of such property, and the same remained in his family within the memory of some of our inhabitants.

Our two Patents are confirmed by the Constitution of this State, which confirms all grants of land within the State, made by the authority of the King of Great Britain or his predecessors, prior to the 14th of August, 1775.

The Compiler thinking it would not be uninteresting to his fellow citizens to see a statement of the amount received by the Corporation of New-York for quit rent on the water lots claimed by them, has given the following short statement.

The Commissioners of the Sinking Fund of the City of New-York have received, from August 23d, 1813, to Dec. 31, 1824.

For Water lot rents, $17,635 24 Commutation for water lot rents, 17,275 41 ---------- $34,910 65 ----------

The Corporation of New-York during the present year 1824, have received for water lot rents the sum of $8,862 97

Within a short time the jurisdiction of the village of Brooklyn has been extended beyond low water mark, leaving the pretended right of soil still in the Corporation of New-York.[8] August term, 1821, in the case of Udall vs. the Trustees of Brooklyn, the Supreme Court of this State decided that Kings County, of which the village of Brooklyn is part, includes all the wharves, docks, and other artificial erections in the East River, opposite to the City of New-York, though west of the natural low water mark on the Nassau or Long-Island shore; and the jurisdiction of the village extends to the actual line of low water, whether formed by natural or artificial means. Same term, in the case of Stryker vs. the Mayor, &c. of the City of New-York, the Supreme Court decided that the city and county of New-York includes the whole of the Rivers and harbour adjacent to actual low water mark, on the opposite shores, as the same may be formed, from time to time, by docks, wharves and other permanent erections; and although the jurisdiction of the city does not extend so as to include such wharves, or artificial erections, yet it extends over the ships and vessels floating on the water, though they be fastened to such wharves or docks.

April 9, 1824. The Legislature of the State of New-York in the act to amend the act entitled “an Act to incorporate and vest certain powers in the freeholders and inhabitants of the village of Brooklyn in the County of Kings,” granted this town concurrent jurisdiction with the City of New-York in the service of process, in actions civil and criminal, on board of vessels attached to our wharves; and in the act for the establishment of a Board of Health in the village of Brooklyn, authority is given to the said Board to remove all infected vessels from the wharves within the said village.

The ferries have been unavoidably, in some degree, taken into consideration when speaking of our town rights. The compiler will therefore confine himself to such historical facts, and laws, and such proceedings, passed and had by the Colonial and State legislatures as may relate particularly to them.

During the early years of this Colony, the old ferry was from near the foot of Joralemon-street, to the Breede Graft, now Broad-street, in the City of New-York. At that period a creek ran through the middle of Broad-street, up which the boats ascended to a ferry-house which is still standing. At this time it is difficult to ascertain the exact period when the old ferry was established at its present situation on the Brooklyn side. In 1697, John Aeresen was ferry master.

It appears from the following order, that the Court of Sessions of Kings County, exercised some authority over the ferry between Brooklyn and New-York. October 7, 1690. “Whereas much inconvenience does arise by several negroes coming on this Island from New-York and other places, and from this Island to New-York. It is ordered, that the ferrymen shall not bring or set over any negroes or slaves upon the Sabbath day, without a ticket from their masters.”

Acts have been passed by the Colonial and State legislatures for the purpose of regulating the ferries between this town and the City of New-York, in the following chronological order:

November 2d, 1717, an act was passed, which was revived in the year 1726, and again in 1727. October 14, 1732. Another act was passed for the same purpose. By this act it was provided, “That the ferryman for the time being, shall not impose, exact, demand, or receive any rates or ferriage for any goods or things whatsoever, transported by any of the inhabitants living alongst the River at or near the Ferry on Nassau-Island, in their own boats or canoes,” provided that the same be their own goods or commodities. This act continued in force until the 28th of February, 1789, when another act was passed regulating the ferriage, and containing a similar proviso. April 9, 1813. The last mentioned law was re-enacted, with the same provision.

The winter previous to the prosecution of the suit between Hendrick Remsen, and the Corporatiun of the City of New-York, the inhabitants of Brooklyn made an attempt to obtain from the Colonial legislature, a further confirmation of some of their rights, particularly relating to the ferry; on which application the following proceedings were had.

January 30, 1745-6. In General Assembly, a petition of the Trustees of the town of Brookland, in Kings County, in behalf of themselves, and the freeholders and inhabitants of the said township, was presented to the House and read, setting forth, That a great number of the inhabitants of the said township, living near the ferry from Nassau-Island to New-York, and having their chief dependence of supporting their families by trading to the New-York markets, are by one act of the General Assembly, entitled, an act to regulate the ferry between the City of New-York and the Island of Nassau, and to establish the ferriage thereof, passed in the sixth year of his Majesty’s reign, debarred from transporting their goods in their own vessels, to the said markets, which exposes them to very great hardships, difficulties and expences, and therefore humbly praying that they may have leave to bring in a bill to relieve them from the aforesaid hardships. Upon a motion of Major Van Horne, (of New-York) ordered, that the Clerk of this house serve the Corporation of the City of New-York, with a copy of the said petition forthwith.

In General Assembly, April 12, 1746, Mr. Abraham Lott, according to leave, presented to the house, a bill entitled, “an act to repeal an act therein mentioned, so far as it relates to the freeholders and inhabitants of the township of Brooklyn, in Kings County, within this colony;” which was read the first time, and ordered a second reading.--Ordered, that the Corporation of the City of New-York, be served with a copy of the said bill.