Chapter VII: Appendix: , No. 2

The following is a copy of the first charter by which the corporation obtained any color of title to the land between high and low water mark, on the Brooklyn side.

“Anne, by the grace of God, of England, Scotland, France and
Ireland, Queen, defender of the Faith, &c. To all whom these
presents may in any wise concern, sendeth greeting. Whereas the
mayor, aldermen, and commonalty of the city of New-York, by their
petition to our trusty and well-beloved cousin Edward, Viscount
Cornbury,[30] our captain general and governor in chief in and over
our province of New-York, and territories depending thereon in
America, and Vice Admiral of the same, &c. preferred in council;
therein setting forth, that they having a right and interest, under
divers antient charters and grants, by divers former governors and
commanders in chief of our said province of New-York,[31] under our
noble progenitors, in a certain ferry from the said city of
New-York, over the East River, to Nassau Island, (alias
Long-Island) and from the said Island to the said city again, and
have possessed the same, and received all the profits benefits and
advantages thereof for the space of fifty years and upwards; and
perceiving the profits, advantages, and benefits usually issuing
out of the same, to diminish, decrease, and fall short of what
might be reasonably made of the same, for the want of the bounds
and limits to be extended and enlarged on the said Island side,
whereby to prevent divers persons transporting themselves and goods
to and from the said Island Nassau (alias Long Island) over the
said river, without coming or landing at the usual and accustomed
places, where the ferry boats are usually kept and appointed, to
the great loss and damage of the said city of New-York; have humbly
prayed our grant and confirmation, under the great seal of our said
province of New-York, of the said ferry, called the Old Ferry, on
both sides of the said East River, for the transporting of
passengers, goods, horses and cattle, to and from the said city, as
the same is now held and enjoyed by the said mayor, aldermen and
commonalty of the said city of New-York, or their under tenant, or
under tenants; and also of all that vacant and unappropriated land,
from high water mark to low water mark, on the said Nassau Island,
(alias Long Island) lying contiguous and fronting the said city of
New York, from a certain place called the Wall-about, unto the Red
Hook, over against Nutten Island, for the better improvement and
accommodation of the said ferry; with full power, leave and license
to set up, establish, maintain, and keep one or more ferry, or
ferries, for the ease and accommodation of all passengers and
travellers, for the transportation of themselves, goods, horses and
cattle, over the said river, within the bounds aforesaid, as they
shall see meet and convenient, and occasion require; and to
establish, ordain and make, bye laws, orders, and ordinances for
the due and orderly regulation of the same: The which petition we
being minded to grant, Know Ye, That of our especial grace, certain
knowledge and meer motion, we have given, granted, ratified and
confirmed, and in and by these presents, for us, our heirs and
successors, we do give, grant, ratify and confirm, unto the said
mayor, aldermen and commonalty of the city of New-York, and to
their successors and assigns, all that the said ferry, called the
Old Ferry, on both sides of the said East River, for the
transportation of passengers, goods, horses and cattle, over the
said river, to and from the said city and island, as the same is
now used, held and enjoyed, by the said mayor, aldermen and
commonalty of the city of New-York, or their under tenant or under
tenants, with all and singular the usual and accustomed ferriage,
fees, perquisites, rents, issues, profits, and other benefits and
advantages whatsoever, to the said Old Ferry belonging, or
therewith used, or thereout arising; and also all that the
aforesaid vacant and unappropriated ground, lying and being on the
said Nassau Island, (alias Long-Island) from high water mark to low
water mark aforesaid, contiguous and fronting the said city of
New-York, from the aforesaid place called the Wallabout to Red Hook
aforesaid; that is to say, from the east side of the Wallabout,
opposite the now dwelling house of James Bobine, to the west side
of the Red Hook, commonly called the Fishing-place, with all and
singular the appurtenances and hereditaments to the same belonging,
or in any wise of right appertaining; together with all and
singular the rents, issues, profits, advantages, and appurtenances,
which heretofore have, now are, & which hereafter shall belong to
the said ferry, vacant land, and premises, herein before granted
and confirmed, or to any or either of them, in any wise
appertaining, or which heretofore have been, now are, and which
hereafter shall belong, be used, held, received, and enjoyed; and
all our estate, right, title and interest, benefit and advantage,
claim and demand, of, in or to the said ferry, vacant land and
premises, or any part or parcel thereof, & the reversion &
reversions, remainder and remainders; together with the yearly, and
other rents, revenues and profits of the premises, and of every
part and parcel thereof, except and always reserved out of this our
present grant and confirmation, free liberty, leave and license to
and for all and every person or persons, inhabiting or having
plantations near the said river, by the water side, within the
limits and bounds above mentioned, to transport themselves, goods,
horses, and cattle, over the said river, to and from the said city
of New-York, and Nassau Island, (alias Long-Island) to and from
their respective dwellings or plantations, without any ferriage, or
other account to the said ferry, hereby granted and confirmed, to
be paid or given; so always as the said person or persons do
transport themselves only, and their own goods, in their own boats
only, and not any stranger or their goods, horses or cattle, or in
any other boat. To have and to hold, all and singular the said
ferry, vacant land and premises, herein before granted and
confirmed, or meant, mentioned, or intended to be hereby granted
and confirmed (except as is herein before excepted) and all and
singular the rents, issues, profits, rights, members and
appurtenances, to the same belonging, or in any wise of right
appertaining, unto the said mayor, aldermen and commonalty of the
city of New-York, and their successors and assigns forever; to the
only proper use and behoof of the said mayor, aldermen, and
commonalty of the city of New-York, and their successors and
assigns forever; to be holden of us, our heirs and successors, in
free and common soccage, as of our manour of East-Greenwich, in the
county of Kent, within our kingdom of England; yielding, rendering,
and paying unto us, our heirs and successors, for the same, yearly,
at our custom-house of New-York, to our collector and receiver
general there for the time being, at or upon the feast of the
nativity of St John the Baptist, the yearly rent or sum of five
shillings, current money of New-York. And we do further, of our
especial grace, certain knowledge and meer motion, for us, our
heirs and successors, give and grant unto the said mayor, aldermen
and commonalty, and their successors, full and free leave and
license to set up, establish, keep, and maintain one or more ferry
or ferries, as they shall from time to time think fit and
convenient, within the limits and bounds aforesaid, for the ease
and accommodation of transporting of passengers, goods, horses and
cattle, between the said city of New-York and the said Island
(except as is herein before excepted) under such reasonable rates
and payments as have been usually paid and received for the same;
or which at any time hereafter, shall be by them established, by
and with the consent and approbation of our governor and council of
our said province, for the time being[32] And we do further, of our
especial grace, certain knowledge, and meer motion, give, and grant
unto the said mayor, aldermen, and commonalty of the city of
New-York, and their successors, full and absolute power and
authority, to make, ordain, establish, constitute and confirm, all
manner of by-laws, orders, rules, ordinances and directions, for
the more orderly keeping, and regularly maintaining the aforesaid
ferry that now is kept, or any ferry or ferries which shall at any
time or times hereafter, be set up, established, or kept within the
bounds aforesaid, by virtue hereof, or of, for, touching or
concerning the same, (so always as the same be not contrary to our
laws of England, and of our province of New-York) and the same at
all times hereafter to put in execution, or abrogate, revoke, or
change, as they in their good discretion shall think fit, and most
convenient, for the due and orderly keeping, regulating, and
governing the said ferry or ferries herein before mentioned. And
lastly, our will and pleasure is, and we do hereby declare and
grant, that these our letters patent, or the record thereof, in the
secretary’s office of our said province of New-York, shall be good
and effectual in the law, to all intents and purposes whatsoever,
notwithstanding the not true and well reciting or mentioning of the
premises, or any part thereof, or the limits and bounds thereof, or
of any former or other letters patents, or grants whatsoever, made
or granted; or of any part thereof, by us, or any of our
progenitors, unto any person or persons whatsoever, bodies politic
or corporate,[33] or any law or other restraint, incertainty, or
imperfection whatsoever, to the contrary in any wise
notwithstanding, and although express mention of the true yearly
value, or certainty of the premises, or of any of them, or of any
other gifts or grants by us or by any of our progenitors,
heretofore made to the said mayor, aldermen, and commonalty of the
city of New-York, in these presents, is not made, or any other
matter, cause, or thing whatsoever, to the contrary thereof in any
wise notwithstanding. In testimony whereof, we have caused these
our letters to be made patent, and the seal of our said province of
New-York, to our said letters patent to be affixed, and the same to
be recorded, in the secretary’s office of our said
province.--Witness our right trusty and well-beloved cousin, Edward
Viscount Cornbury, captain general and governor in chief in and
over our province of New-York aforesaid, and territories thereon
depending in America, and vice admiral of the same, &c. in council,
at our Fort, in New-York, the nineteenth day of April, in the
seventh year of our reign, Annoq. Domini one thousand seven hundred
and eight.

CORNBURY.”

At the time of printing that part of this work under the head of “Common lands and the division thereof,” the compiler was not aware of the existence of the following proceeding relating to the division of the said lands, he has therefore placed the same in this appendix.

“At a towne meeting held this twentieth day of Aprill, 1697, at Bedford within the jurisdiction of Broockland, in Kings County, upon the Island of Nassau, Resolved by all the ffreeholders of the towne of Broockland aforesaid, that all their common land not yet laid out or divided, belonging to their whole patent shall be equally divided and laid out to each ffreeholders of said towne, his just proporcon in all the common lands abovesaid, except those that have but an house and a home lott, which are only to have but half share of the lands aforesaid. And for the laying out of the said lands there are chosen and appointed by the ffreeholders abovesaid, Capt. Henry Ffilkin, Jacobus Vanderwater, Daniel Rapale, Joris Hansen, John Dorlant, and Cornelius Vanduyne. It is further ordered that noe men within this township abovesaid, shall have priviledge to sell his part of the undivided lands of Broockland not yet laid out, to any person living without the township abovesaid. It is likewise ordered, consented to, and agreed by the towne meeting aforesaid, that Capt. Henry Ffilkin shall have a full share with any or all the ffreeholders aforesaid, in all the common land or woods in the whole patent of the towne of Broockland aforesaid, besides a half share for his home lott; To have and to hold to him, his heirs and assigns forever. It is likewise ordered, that noe person whatsoever within the common woods of the jurisdicon of Broockland aforesaid, shall cutt or fall any oake or chesnut saplings for fire wood during the space of foure years from the date hereof upon any of the said common lands or woods within the jurisdicon of Broockland patent, upon the penalty of six shillings in money, for every waggon load of saplings abovesaid soe cutt, besides the forfeiture of the wood or timber soe cutt as abovesaid, the one half thereof to the informer, and the other half for the use of the poor of the towne of Broockland aforesaid.

By order of the towne meeting aforesaid, and Justice Henry Ffilkin,

JACOBUS VANDEWATER, Towne Clerk.”

ADVERTISEMENT.

The Compiler here closes his notes, and has only to remark, that throughout the whole of this little work, he has been less solicitous about his reputation as an author, than a correct compiler. Studies of this nature are but ill calculated to admit of a luxuriance of diction or sentiment, and to these he has in no place aspired. His business was to collect authentic information concerning subjects at once obscure and interesting, and in what degree he has effected this object he leaves his readers to determine, feeling conscious himself, that however imperfectly he may have executed his design, his only aim was the public good.

CONTENTS.

Page.
Situation of the Town of Brooklyn, 5

Ancient Names and Remains, 6

Soil and Climate, 7

Ancient Grants and Patents, 8

Town Rights and Ferries, 21

Roads and Public Landing Places, 36

Common Lands, and the Division thereof, 40

Differences as to Bounds, 46

Revolutionary Incidents, 50

Ancient Government, 55

Present Government, 68

Public Buildings and Institutions, 73

Schools, Newspapers and Moral Character, 92

Fire Department, 95

Miscellaneous, 99

Appendix, 102

FOOTNOTES:

[1] The custom of changing the names of sons, or rather substituting the sur-names for the christian name, prevailed at this period; as in the above instance, the father’s name was Barent Janse, and the son was called Jan Barentse.

[2] According to the New-York doctrine, this boundary of the town can only be correct when the tide is flood, for when the water is low, the town is bounded by property belonging to the Corporation of the City of New-York, and not by the River.

[3] This town enjoyed this privilege in common with the other towns on Long-Island, and their cattle which ran at large were marked with the letter N.

[4] At the annual town meeting, April, 1823, a committee was appointed to inquire if this town at present, had any, and if any, what right to the above-mentioned tract of meadow ground called Sellers neck; what progress this committee made in their investigation, the compiler is uninformed. This meadow called Seller’s neck, the Compiler thinks was apportioned among the patentees and freeholders, and what leads him to this conclusion is, that on the 10th of May, 1695, John Damen, who was one of the patentees of this town, sold to William Huddlestone all his interest in the said meadow.

[5] This “port or entrance,” as it is called, is situate in the valley on the Flatbush Turnpike, near the “Brush” or “Valley Tavern,” and a short distance beyond the 3 mile post from Brooklyn ferry.--A freestone monument has been placed here, to designate the patent line between Brooklyn and Flatbush.

[6] Although the bounds of this grant commences about 250 yards in the town of Bushwick, the Corporation of New-York have made no claim to land beyond the Wallabought.

[7] There was some peculiar circumstances attending the consummation of this charter, which the Compiler thinks ought to be known. A short time previous to obtaining the charter, the Common Council of the City of New-York resolved that the sum of _L_1400 was necessary for the procuring of that instrument; _L_1000 of which sum they determined to raise immediately by a loan on interest for one year; which they accordingly did, and gave a mortgage for that amount to James De Lancey, Esq. dated January 14, 1730. Directly after the execution of this mortgage they resolved to address the Governor, “for the great favour and goodness shewn to this Corporation in granting their petition, in ordering and directing his Majesty’s letters patent for a new charter and confirmation to this Corporation,” and probably informing him that they had obtained the money. The consequence was, that on the next day, January 15, 1730, the charter was completed; and on paying the _L_1000 was delivered to them on the 11th day of February, 1730, almost a month after its date. By which it appears that the Corporation of New-York still continued purchasing the right of the town of Brooklyn from the Colonial Governors. See List of Corporation Charters and grants, 1747.

[8] The jurisdiction of New-York by their first charter in 1686, was limited to low water mark around Manhattan Island; but was extended to low water mark on the Brooklyn side by Governor Montgomery’s charter in 1730.

[9] For what purpose was it, that the Corporation’s Counsel was heard at the bar of the House, if not to advance and support their rights? If it was not done at that time, the plain inference would be, that they were aware they had no right.

[10] The Council was appointed by the King’s mandamus and sign manual, and all their privileges and powers were contained in the Governor’s instructions. The tenure of their places was extremely precarious. See Smith’s History of New-York, p. 364.

[11] The Corporation of New-York, during the year 1824, have received from the ferries, the sum of D12,003 75,--more than 3-4ths of which sum is from the ferries on the East River.

[12] The idea intended to be conveyed by this regulation, I understand to be, that the Justices of the town of Brooklyn shall have cognizance of the offence, as much as if the offenders resided within the town.

[13] The records referred to, together with all our other town records were destroyed during the Revolution.

[14] The fortifications at Red Hook were erected by a Regiment of Continental troops, the night of April 8, 1776.

[15] In 1655, a large body of Northern Indians made a descent on Staten Island, and massacred 67 persons; after which they crossed to Long-Island, and invested Gravesend; which place was relieved by a party of soldiers from New-Amsterdam. It appears from the records that these Indians were on their way to commence a war against the Indians on the east end of Long-Island.

The inhabitants of Flatbush were ordered by Governor Stuyvesant, in 1656, to enclose their village with palisadoes to protect them from the Indians. These fortifications were required to be kept under the English government, as will appear by the following record of the Court of Sessions for the West Riding of Yorkshire upon Long-Island, December 15th, 1675. “The towne of Fflatbush having neglected the making of ffortifications, the Court take notis of it, and reffer the censure to ye Governor.”

[16] There were also a “Clerk” in most if not in all of these towns, who seems to have been authorised to take proof of the execution of wills; whether he was the Town Clerk does not appear. This officer was differently appointed in the different towns. In Bushwick he was appointed by the Commissioners of the town, and in New-Utrecht he was elected by the people, and approved of by the Governor.

[17] This law provides, that any person not having a visible estate, or a manual craft or occupation, coming into any place within this province, should give security, not to become chargeable within two years: and the captains of vessels bringing passengers into this province, were required to report them to the chief magistrate of the place, within 24 hours after their arrival. Under the Dutch government the poor were supported out of the fines imposed for offences committed, and by contributions taken up in the Churches.

[18] Sept. 14, 1696, about 8 o’clock in the evening, John Rapale, Isaac Remsen, Joras Yannester, Joras Danielse Rapale, Jacob Reyersen, Aert Aersen, Tunis Buys, Garret Cowenhoven, Gabriel Sprong, Urian Andriese, John Williamse Bennet, Jacob Bennet, and John Meserole, jr. met armed at the court-house of Kings, where they destroyed and defaced the king’s arms which were hanging up there.

[19] The West Riding was composed of the towns of Brooklyn, Bushwick, Flatbush, Flatlands, New-Utrecht, and Gravesend, together with Staten-Island and Newtown.

[20] At the same period, the salary of the clerk of the county was _L_10. per annum.

[21] This minister died in the month of June, 1676.

[22] This minister was naturalized in the Court of Sessions for Kings County, November 8, 1715.

[23] This office was held by George S. Wise, Jun, Esq. until his death in November, 1824.

[24] Governor Nicolls in a letter to the Duke of York, November, 1665, informed him “that such is the mean condition of this town, (New-York) that not one soldier to this day has lain in sheets, or upon any other bed than canvass and straw.

1678, New-York contained 343 houses, and 3430 inhabitants; and there were owned in the City, three ships, eight sloops and seven boats.

1686. The City of New-York contained 594 houses, and 6000 inhabitants; and there were owned in it, 10 three masted vessels of between 80 and 100 tons; 3 ketches, or barques, of about 40 tons; and about 20 sloops, of 25 tons. In the same year, the militia of the colony consisted of 4000 foot, 300 horse, and one company of dragoons.

1696. There were owned in the city of New-York, 40 ships, 62 sloops, and 62 boats.

In 1697, the population of New-York has considerably decreased, from what it was in 1686; the census taken this year was as follows:

{ Men, 946
Whites { Women, 1018
{ Young men, young men and boys, 864
{ Young women and girls, 899
---- 3727

{ Men, 209
Blacks. { Women, 205
{ Boys and girls, 161 575
------ ----
Total. 4302
------ ----

1731. The City of New-York contained

White males, 3771
White females, 3274 7045
----

Black males, 785
Black females, 792 1577
------ ----
Total. 3622
------ ----

1756. The City contained 10,881 inhabitants.
1771. It contained 21 863 inhabitants.
1786. It contained 3340 houses, and 23,614 inhabitants.
1790. It contained 33131 inhabitants.
1800. 60189
1810. 96373
1820. 139000

[25] The town is now erecting a very neat building for an Alms-house, on the property lately purchased from Leffert Lefferts, Esqr.

[26] The first settlement in this town was made by George Jansen De Rapalje, the father of Sarah in 1625, on the farm which is now owned by the family of the Schencks at the Wallaboght.

[27] In 1700 the Court House was let to James Simson for one year, at _L_3 “in money.” In this agreement, “the Justices reserved for themselves the Chamber in the said house, called the Court Chamber, at the time of their publique Sessions, Courts of Common Pleas, and private meetings; as also the room called the prison for the use of the Sheriff if he hath occasion for it.”

[28] The above deed to the Corporation of New-York did not extend to the River. January 15, 1717, Samuel Garritsen, of Gravesend, quitclaimed to David Aersen of Brooklyn, all his right and title to a piece of land, “lying next to the house and land belonging to the City of New-York, bounded north-west by the River, south-east by the highway that goes to the ferry, south-west by the house and land belonging to the City of New-York, and north-east by the house and land belonging to the said John Rapalje, containing one acre be the same more or less.” On the 16th day of the same month, David Aersen sold this property to Gerrit Harsum of New-York, Gunsmith, for the sum of _L_108 current money of New-York.

[29] The compiler congratulates his fellow citizens on the extinction of those national animosities which in former times existed between the Dutch and English in this our happy country. We may now truly ask with Sterne, “are we not all relations?”

[30] “Lord Cornbury came to this province in very indigent circumstances, hunted out of England by a host of hungry creditors, he was bent on getting as much money as he could squeeze out of the purses of an impoverished people.” He was infamous for his “excessive avarice his embezzlement of the public money, and his sordid refusal to pay his private debts.” Cornbury became so obnoxious to the inhabitants of this province, that they sent a complaint to England against him. The Queen in consequence of this complaint displaced him. “As soon as his lordship was superseded, his creditors threw him into the custody of the sheriff of New-York.” See Smith’s History of New-York. Such was the man from whom the corporation of New-York obtained the rights of the town of Brooklyn.

[31] These “divers former governors,” &c. are limited to two, viz. Nicolls, who in 1665 granted them a charter, if that may be strictly called so, which only altered their form of government from scout, burgomasters, and schepens, to mayor and aldermen, without a word about ferries or water rights, or indeed any other matter--the original of which paper is not in existence. There is nothing to warrant a belief that there was a charter of any kind granted to the corporation between Nicolls and Dongan, who is the second of these “divers former governors,” &c. and who in 1686 granted them the ferry, (as is mentioned in a former part of this work) with an express reservation as to the rights of all others. The charter of Dongan, notwithstanding all their pompous recitals, is the oldest they can produce, which in any manner affects the interests of this town.

[32] The corporation of New-York appear to have abandoned the right of regulating the rate of ferriage very early; for in 1717, nine years after the date of this charter, an act was passed by the colonial legislature for that purpose.

[33] This clause was undoubtedly inserted to obviate, if possible the claim under the two Brooklyn patents, both of which were many years older than this charter.