Part 3

April 18, 1746. In General Assembly. The 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, being offered to be read a second time, Capt. Richards (of New-York) moved, that the second reading of the said bill might be deferred until the next meeting of the House, after the first day of June next; which was agreed to by the House and ordered accordingly.

June 20, 1746. In General Assembly. A petition of the Mayor, Aldermen and Commonalty, of the City of New-York, was presented to the House and read, setting forth, That the Corporation having been served with a copy of a bill now before this House, 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; do conceive that the passing the said Bill into a law, may affect their ancient rights and freehold, and therefore humbly praying that they may be heard by their Counsel against the said bill, at the bar of this House, on Friday next, ordered, that the Trustees of the township of Brooklyn, be heard by their counsel in support of the said Bill, at the bar of this house, on Friday next, and that Mr. William Smith appear for them. Ordered, that the Clerk of this house serve the parties with a copy of these orders forthwith.

June 27, 1746. In General Assembly. The House being informed, that the Corporation of the City of New-York were attending with their Counsel to be heard against the Bill; and that the Trustees of the township of Brooklyn, were also attending with their Counsel to be heard in support of the said Bill; both parties were called in, and the counsel on both sides having been fully heard, for and against the said Bill, they were directed to withdraw; and the Bill being read the second time, the question was put,--whether the said Bill should be committed, and carried in the affirmative in the manner following:--Affirmative, Messrs. Lott, Chambers, Stillwell, Livingston, Harring, Cornell, Abraham Lott, Lecount, Bradt, Nicoll, Hardenbergh, and Gale 12.--Negative, Messrs. Richards, Cruger, Clarkson, Van Horne, Philipse, Morris, Verplank, and Thomas, 8.

July 4, 1746. In General Assembly, the engrossed 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, was read the third time, and upon Mr. Speaker’s putting the question, whether the Bill should pass, a motion was made by Col. Morris in the words following, viz.--As this Bill has been already ordered to be engrossed, by a majority of the House, and the question that now is put, is, whether this Bill shall pass; I must beg leave to give my reasons for opposing its passage. The first is, it is alledged by this bill, that the people of Brooklyn had a right, prior to the act passed in the year 1732, which was not proved, nor attempted upon the hearing before this house; but if we pass this Bill, we allow that right to be proved, and then it becomes our allegation, which I conceive, inconsistent with the honor and justice of this house, to alledge any thing in such a case, but what has been proved. The second is, it implies that the act in 1732, took away unjustly, a right from the people of Brooklyn, that they were entitled to. Thirdly, it implies, that the house have fixed the two points before mentioned, and then it will necessarily follow, that we have considered the rights of the Corporation,[9] as well as those of the people of Brooklyn; that we have not, I appeal to the house, who must allow, that no such right ever appeared to us, at least as a House, and for us to declare certain facts by a Bill, which has never been proved, will be doing, what I conceive, we ought not to do, if we make justice and equity the rule of our conduct. For these reasons, I move, that the Bill may be rejected. The question being put thereon it was carried in the negative, in the manner following, viz.----For the negative, Messrs. Chambers, Lott, Cornell, Hardenbergh, A. Lott, Bradt, Lecount, Gale, and Harring, 9. Affirmative, Messrs. Cruger, Morris, Richards, Van Horne, Clarkson, Verplank, Philipse, and Thomas, 8.

Resolved, That the Bill do pass. Ordered, that Colonel Harring, and Mr. Hardenbergh do carry the Bill to the Council and desire their concurrence. By which it appears that it was considered by the House, as well as subsequently by the Supreme Court, that the right of the town was sufficiently proved, notwithstanding the assertions of Colonel Morris.

This Bill by _some means_ was stifled in the Council,[10] and never became a law.

During the Revolution the Old ferry was kept by Messrs. Van Winkle, and Bukett; at which period the usual charge for crossing was six pence for each passenger.

August 1, 1795. The ferry from the foot of Main-street, Brooklyn, to the foot of Catharine-street, New-York, commonly called the New ferry, was established by Messrs. William Furman and Theodosius Hunt, lessees from the Corporation of the City of New-York.

In consequence of the prevalence of the Yellow fever in Brooklyn, in the month of August, 1809, the old ferry was removed to the foot of Joralemon-street, and the boats plied from there to Whitehall, New-York.

On the 4th day of March, 1814. The legislature of this State passed an act allowing William Cutting and others his associates, to charge four cents for each passenger crossing in the Steam-boat to be by them placed on the Old ferry. Previous to this, the fare was two cents for each passenger. May, 1814, the Steam-boat commenced plying on the old ferry between Brooklyn and New-York.

This Ferry Company derive their interest in the old or Fulton ferry, from a lease executed January 24th, 1814, by the Mayor, Aldermen and Commonalty of the City of New-York, to Robert Fulton, and William Cutting. The rent reserved by the Corporation on this lease is $4000 per annum for the first 18 years, and $4500 per annum for the remaining 7 years.[11] It is a difficult matter to speak correctly of the present income of this ferry. At its first establishment the dividends were made on a capital estimated at $45,000, divided into shares of $1000 each, and were made at the rate of 5 per cent. for six months and what remained after this 5 per cent. taken out, formed the surplus dividend. From May 1814, to November 1815, the regular dividends on one share amounted to $157 11½, and during the same period the surplus dividend amounted to $228 21½, making a dividend of $385 33, on one share for about 18 months equal to about 25 per cent. per annum.

At the Session of the Legislature in the winter of 1818, the Corporation of New-York presented a petition praying that they might have the regulation of the rates of ferriage between this town and the city of New-York--against which the Trustees of the village of Brooklyn, and the inhabitants of this town strongly remonstrated, stating that “they had full confidence that the Legislature of this state would never increase the rates of ferriage, nor permit the same to be increased, beyond what is necessary to support the ferries in the best manner; they therefore prayed that the Legislature would not surrender to the Corporation of New-York a right, which had been reserved by the Legislature, and which the petitioners deemed of the greatest importance to the inhabitants of Nassau-Island.”

ROADS AND PUBLIC LANDING PLACES.

This town appears to have entered early into the contest respecting roads. There are many instances on record previous to 1683, of the Constable of Brooklyn being ordered to repair the roads, and in case of neglect, fined; and in one instance he was ordered by the Court not to depart until further order.

The main road, or as part of it is now called, Fulton-street, in the village of Brooklyn, was laid out March 28th, 1704, by Joseph Hageman, Peter Cortelyou, and Benjamin Vandewater, Commissioners, appointed by an act of the General Assembly of the colony of New-York, for the laying out, regulating, clearing and preserving of public highways in the colony. The record of this road is as follows:--“One publique, common and general highway, to begin ffrom _low water marke_ at the ferry in the township of Broockland, in Kings county, and ffrom thence to run ffour rod wide up between the houses and lands of John Aerson, John Coe, and George Jacobs, and soe all along to Broockland towne aforesaid, through the lane that now is, and ffrom thence straight along a certaine lane to the Southward corner of John Van Couwenhoven’s land, and ffrom thence straight to Bedfford as it is now staked out, to the lane where the house of Benjamin Vandewater stands, and ffrom thence straight along through Bedfford towne to Bedfford lane, running between the lands of John Garretse, Dorlant and Claes Barnse, to the rear of the lands of the said Cloyse, and ffrom thence southerly to the old path now in use, and soe all along said path to Philip Volkertses land, taking in a little slip of said Philip’s land on the south corner, soe all along said road by Isaack Greg’s house to the Fflackbush new lotts ffence, and soe all along said ffence to the eastward, to the north-east corner of Eldert Lucas’s land, lying within the New lotts, of Fflattbush aforesaid, being ffour rod wide all along, to be and continue forever.”

This road or “king’s highway,” as it was then called, leading from the ferry to the old Dutch Church, or Brooklyn parish, was the cause of much contention. At the April term of the General Sessions of the Peace for Kings County, in 1721, indictments were found for encroaching on the “common high way of the King, leading from the ferry to the Church at Brookland,” against John Rapalje, Hans Bergen and James Harding, and others.--By which indictments it appears that the road should have been four rods wide.

These indictments appear to have been predicated as well on the following application of John Rapalje and Hans Bergen, as on complaints from several of the inhabitants:

“Fflatbush, April 19, 1721. John Rapalje and Hans Bergen of the fferry, desires of the grand jury that the Commissioners now being should be presented for not doing their duty in laying out the king’s highway according to ye law, being the King’s highway is too narrow from the ferry to one Nicalus Cowenhoven, living at Brooklyn and if all our neighbours will make ye road according to law, then ye said John Rapelje and Hans Bergen, is willing to do the same as aforesaid, being they are not willing to suffer more than their neighbours. As witness our hands the day and year first above written.

JAN RAPELJE, HANS BERGEN.”

Some of the persons indicted considering themselves aggrieved, and others who feared being placed in the same situation, applied to the Colonial Legislature, and July 27th, 1721, obtained the passage of a law to “continue the common road or king’s highway, from the ferry, towards the town of Breuckland, on the Island of Nassau, in the Province of New York,” with the following preamble. “Whereas several of the inhabitants on the ferry, on the Island of Nassau, by their petition preferred to the General Assembly, by setting forth, that they have been molested prosecutions, occasioned by the contrivance and instigations of ill and disaffected persons to the neighbourhood, who would encroach upon the buildings and fences that have been made many years, alledging the road was not wide enough, to the great damage of several of the old inhabitants, on the said ferry; the said road as it now is, has been so for at least these sixty years past, without any complaint, either of the inhabitants or travellers.”

The law then proceeds to establish the road “forever,” as it then was, from the ferry upwards to the town of Breuckland, as far as the swinging gate of John Rapalje, just above the house and land belonging to James Harding. These proceedings will readily account for Fulton-street, in the present village of Brooklyn being so narrow and crooked in many places.

The point however to which the Compiler wishes to draw the attention of his fellow citizens, is to the existence and location of several public highways and landing-places in this town which at present are known to very few.

There is a public landing-place at or near the mills of Nehemiah Denton, Esq. and a public highway leading thereto.--The record of which is as follows:--“One common highway to Gawanus mill, to begin ffrom the north-east corner of Leffert Peterses ffence, and soe along the roade westerly, as it is now in use to the lane yt parts the lands of Hendrick Vechte, and Abraham Brower, and Nicholas Brower, and soe all along said lane as it is now in ffence to the house of Jurian Collier, and from thence all along the roade now in use to the said Gowanos mill, being in all four rod wide to the said lane; and that there be a convenient landing place for all persons whatsoever, to begin ffrom the southernmost side of said Gowanus mill house, and ffrom said house to run ffour rod to the southward, ffor the transportation of goods and the commodious passing of travellers; and that said highway to said Gowanos mill ffrom said house of said Jurian Collier shall be but two rod only and where it is now in use; said common highway to be and continue forever; and ffurther that the ffence and gate that now stands upon the entrance into said mill neck, ffor the inclosing and securing of said neck, shall soe remaine and be alwayes kept soe inclosed with a ffence and hanging gate; and the way to said mill to be thorow that gate only and to be allwayes shutt or put to by all persons that passes thorow.” The Commissioners laid out the above road and landing place, March 28th, 1704.

In 1709, the Commissioners laid out another road and landing place, at or near the mill of John C. Freeke, Esq. The record of which is as follows:--“One common highway to begin ffrom the house of Jurian Collier to the New mill of Nicholas Brower, now sett up on Gowanos mill neck soe called, as the way is now in use along said neck to said mill to be of two rod wide; and that there shall be a landing place by said mill in the most convenient place ffor the transportation of goods and the commodious passing of travellers; and said highway and landing place to be, remaine and continue forever.”

This town has a public landing place seven rods in length, near the foot of what is now called District-street, in the village of Brooklyn.--This landing place is mentioned in the record of a road three rods wide, leading to the same, which record the Compiler omits inserting in consequence of its length and the multitude of entries connected therewith.

It is believed by many, and not without very good reason, that this town has a public landing place a short distance to the North of the Old or Fulton ferry, and which landing place is now in the possession of the Corporation of New-York.

There is a very distinct tradition of a road to near where this landing place is supposed to have been, at the foot of which road was the public slaughter house, where the butchers of Brooklyn dressed their meats. The road referred to, came out where the house of the Fire Engine No. 4 now stands, and the existence of that road gives the town its title to that small piece of ground.

COMMON LANDS, AND THE DIVISION THEREOF.

The town having acquired so great an extent of Common land by the purchase of 1670, from the Indians, the inhabitants thought proper to take some order for the division and defending thereof, together with their other lands--accordingly, “at a Town meeting held the 25th day of February, 169⅔, att Breuklyn, in Kings County. Then Resolved to divide their common lands and woods into three parts, in manner following to witt:

1. All the lands and woods after Bedford and Cripplebush, over the hills to the path of Newlotts shall belong to the inhabitants and freeholders of the Gowanis, beginning from Jacob Brewer and soe to the uttermost bounds of the limits of New-Utrecht.

2. And all the lands and woods that lyes betwixt the abovesaid path and the highway from the ferry towards Flattbush, shall belong to the freeholders and inhabitants of Bedford and Cripplebush.

3. And all the lands that lyes in common after the Gowanis, betwixt the limits and bounds of Flatbush and New Utrecht shall belong to the freeholders and inhabitants of Brooklyn, fred. neck, the ferry and the Wallabout.” This proceeding of the Town meeting was allowed of by the Court of Sessions, held at Flatbush, on the 10th day of May, 1693.

The following will serve to shew the manner in which the inhabitants of this town elected the Trustees of their common lands, and the duties of those Trustees. “Att a towne meeting held this 29th day off Aprill, 1699, at Breucklyn, by order off Justice Machiel Hanssen, ffor to chose townsmen ffor to order all townes busines and to deffend theire limitts and bounds and to dispose and lay out sum part thereoff in lotts, to make lawes and orders ffor the best off the inhabitants, and to raise a small tax ffor to defray the towne charges, now being or hereaffter to come, to receive towns revenues and to pay townes debts, and that with the advice off the Justices off this said towne standing the space and time off two years. Chosen ffor that purpose by pluralitie off votes. Benjamin Vande Water, Joores Hanssen, Jan Garretse Dorlant.

By order of inhabitants afforesaid

J. VANDE WATER, Clarke.”

These proceedings were recorded by order of the Court of Sessions, on the 9th day of May, 1699.

The following proceeding is curious, setting forth the ancient practice of tradesmen cutting down timber in the public woods, and the regulations made respecting the same. It appears that directly after the Trustees were chosen by the above meeting they together with the Justices, held the following meeting. “Att a meeting held this 29th day off Aprill, (1699) in Breucklyn, Present, Benjamin Vande Water, Jooris Hanssen, Jan Geritse Dorlant, being choisen townsmen in the presence and with the advice off the Justices off this towne.

Considering the greate inconvenience, lose and intrest that the inhabitants off this towne have by reason that the tradesmen here living in this towne doe ffall and cutt the best trees and sully the best of our woods and sell the worke thereoff made the most part to others living withoute the towne, and that the shoemakers and others doe cutt and fall all the best treese ffor the barke, and the wood lyes and rott, and that some persons doe cutt and ffall trees for timber and ffensing stuff, and leave the trees in the woods soe cutt until they are spoilt, and that people off other towns come and cutt and fall trees ffor timber, ffensing stuff, and ffire woods, and transport the same away out off our townes bounds and limitts, and that without leave or consent off the towne, soe that in the time off ffew yeares there shall bee no woods leaved ffor the inhabitants ffor timber or ffensing stuff to the ruine off the said towne. It is thereffore ordered, That ffrom the date hereoff no tradesman shall make any worke ffor to sell to others without thee towne, ffrom wood soe cutt as afforesaid as only ffrom old wood.

That no shoemaker or others shall cutt or ffall any trees ffor to barke in the common woods uppon the penaltie off ffive pound ffor every tree soe cutt.

That no men shall leave any timber, ffensing stuffe, or other wood in the woods longer as six weeks affter itt is cutt, uppon the penaltie, that itt shall be ffree ffor others to take and carry the same away as theire owne wood. And that iff any one off other townes shall be ffounden within our townes limitts to cutt or carry away any sorts off woods ffor timber, ffensing stuff or ffire wood, that itt shall bee ffree ffor any one off this towne to take it away and to take out writ to arrest, or to apprehend such offender or offenders presently, and that the Justices off this towne shall answer the action as iff itt were done by theire owneselves,[12] These proceedings were also recorded by order of the Court of Sessions.

“Towne meeting held this 5th day off May, 1701, by order off Justices Cornelis Sebringh and Machiell Hanssen. We the major part off the ffreeholders off Breucklyn doe hereby nominate, constitute and appoint Capt. Jooris Hanssen, Jacob Hanssen and Cornelis Van Duyn, to bee trustees of our Common and undivided lands, and to deffend and maintaine the rights and privileges off our General pattent, as well within as without.”

“Towne meeting held this 2d day off February, 1701-2, by order off Justice Cornelis Sebringh. Purposed iff the order off Bedford, made the 12th day off April, 1697, shall bee conffirmed concerning the lying out of the common or undivided lands or that the said land shall bee lyed out according to the last tax, concerning the deffending off our limitts.

Resolved by the ffreeholders aforesaid, that the chosen townsmen shall ley out the commens according as by the said order off Bedford was concluded, with the ffirst opportunitie, and that all the lotts joyning to the common woods shall be surveyed according to their grants.”

The following Resolution was passed for defending those inhabitants to whom portions of the Common lands were allotted, in their enjoyment of the same. “Att a Towne meeting held att Brookland, in Kings County, this 14th day of March, 1701-2. Present, Machiel Hanssen, Cornelis Sebringh, and Hendrick Vechten, Esquires, Justices.--Resolved, by the major part of the freeholders of the said towne of Brookland, that every man that has now a right, lott, or lotts laid out in the quondam Common and undivided lands of Brookland aforesaid, shall forever free liberty have for egress and regress to his said lotts for fetching off wood or otherwise, over all or any of the said lott or lotts of the said freeholders in the lands aforesaid. And further, that if any of the said freeholders shall at any time or times hereafter, come by any loss or trouble, cost or charges by lawe or otherwise, of, for or concerning the title of any of their said lott or lotts, by any person or persons, either within the township of Brookland afforesaid, or without, that it shall be defended and made goode, (if lost) att all the proper costs and charges of all the freeholders of said towne equally.”

It appears that all the Common lands of this town had been divided among the freeholders, and a portion annexed to each house in the town.--A deed dated the 17th of April, 1705, after conveying a house and lot of land in this town, conveys “alsoe all the rights and priviledges in the common woodlands of the towne of Broockland aforesaid, to said house, belonging as per record of said towne may appear.[13]

These lands, in the month of February, 1701-2, were surveyed by Pieter Corteljeu and S. Clowes, two surveyors, and divided by them into three divisions. The first or west division consisted of 62 lots, containing about 5 acres each, about 310 acres. The second or middle division of 62 lots, containing about 10 acres each, about 620 acres; and the third or east division also of 62 lots, containing about 10 acres each, about 620 acres.--Total number of acres about 1550.

DIFFERENCES AS TO BOUNDS.

The difference between this town and the city of New-York, having been treated of under the head of Town Rights and Ferries, the compiler will confine himself to the disputes which formerly existed between this town, and the towns of Bushwick, Flatbush and New-Utrecht, respecting their bounds.