The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 102

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114

USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 102

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1. That no person shall ferry from one side of the river to the other without the license from the magistrates, under the penalty of £1 Flemish, for the first offence; £2 for the second, and £3, with confiscation of boat and corporal pun-

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HISTORY OF KINGS COUNTY.

ishment, for the third infraction of this order ; one-third of this fine to be paid to the legal ferryman, one-third to the at- torney-general, and one-third to be at the disposal of the judge.

2. The ferryman shall always keep proper servants and boats, and a lodge on both sides of the river, to protect pas- sengers from the weather.

3. The ferryman is to be allowed:

Fl. St.

For each wagon or cart, with two horses, or oxen, 2 10

For one cart or wagon, with one horse. 2

For one cart or plough .. 1

For one pig, sheep, buck or goat.

For two, eight stuivers, and what is above that, each 3

For every man or woman, Indian or squaw. 6

For two or more persons, each one. 3

For a child under ten years, half fare.

For one horse, or four footed horned beast. 1

For one hogshead of tobacco.

For one ton of beer. 16

For one anker of wine or liquor. 6

For a tub of butter, soap or such like. 6

For a mud (4 bushels) of grain. 4

And what exceeds that is one half a stuiver for skeple. Other articles not specified above, in proportion, as parties shall agree.

4. The ferryman cannot be compelled to ferry anything over before he is paid.

5. The hours of the ferry shall be from 5 o'clock, A. M., to 8 P. M., in summer ; "provided the windmill (on the battery of Manhattans) hath not taken in its sail ;" after this last men- tioned hour, double ferriage.

6. From 7 o'clock A. M., to 5 P. M., in winter, but he is not to be obliged to ferry during a tempest, or " when the wind- mill hath lowered its sail, in consequence of storm or other- wise."

7. The Director and members of the council, the court messenger, and other persons invested with authority, or dispatched by the Executive, are to be exempt from toll.

In the year 1655, Egbert Van Borsum leased the ferry from Governor Stuyvesant (whose perquisite it seems to have been) for three years, and erected a ferry- house, or tavern, the first erected on the Brooklyn side. On the 19th of March, 1658, he renewed his lease, for the term of three years from the last of May ensuing, at a rent of 300 guilders per annum. By the terms of his contract, he was obliged to furnish, within four or five months, a large scow at his own expense. He was in possession of the ferry as late as June 15, 1663, at which time the governor allowed him fifty guilders, for public services as ferryman.

Ancient Ferry Rights .- It is quite evident, from the above facts, that the ferry to Long Island, although regulated by legal enactments, was never held by the city of New Amsterdam, as a municipal right and pos- session, during the continuance of the Dutch govern- ment.

On the 6th of September (27th of August, O. S.), 1664, the New Netherlands capitulated to the British arms, and on the 8th the City of New Amsterdam was formally surrendered to Col. Richard Nicolls. On the 18th of October, 1667, Nicolls, then the first English

governor of the colony of New York, granted to the inhabitants of Brooklyn a patent, wherein they were fully and amply confirmed in all the rights and privi- leges of a town.

This patent itself is evidently confirmatory of some previous general patent of the town, under the Dutch government, which is now lost, and, it must be re- membered, antedates the first (or Nicolls') charter of New York some eightcen years.

In August, 1673, the New Netherlands were retaken by a Dutch squadron, under command of Captains Bencke and Evertsen, and in August, 1674, again passed, and finally, into the hands of the English.

In 1667, the ferryman and his son, or servant, at the Long Island ferry, was excused from training.

From January, 1674, to January, 1675, the ferry was leased by C. Dyre, at £103 per annum. "From that time to Mr. Leete's taking it, Otto Garrets took it, but giving no security, Mr. Wells received it, at £259.10."

In 1674, Sir Edmund Andros assumed the govern- ment of the colony, and the same year confirmed all its rights and privileges to the New Netherlands, and, in October, 1675, gave to New Amsterdam its first mayor, aldermen and sheriff. He was succeeded by Sir Thomas Dongan, who arrived on the 25th of August, 1683.

By his orders was convened, October 17, 1683, the first colonial assembly, elected by the people. On the 9th of November a petition was presented to him, by the mayor and aldermen of New Amsterdam, asking for a charter, and reciting the ancient customs, privileges and immunities of the city, which, they asserted, had been confirmed and granted to them by the late Gov -; ernor Nicolls, no mention, however, being made of any ferry. The petition was granted; and, emboldened by the governor's liberal attitude toward them, the author- ities, on the 30th of the same month, presented an ad- ditional request for certain other rights and privileges, as desirable sources of revenue. Among these are mentioned, for the first time, " all the vacant lands within this island to low water mark," and " the ferry now between the said city and Long Island, or that hereafter shall be appointed." In his reply, the gov- ernor, though intimating his surprise " at so suddenly receiving another petition " from them, inasmuch as he had so recently granted to them almost " every particu- lar of a large and considerable petition," expressed his willingness to oblige them " as far as can be reasonably done;" and informs them that "the ferry is granted with the promise that two boats for passengers be kept on each side of the river, and one boat for cattle each side of the river also." Also, " that no ferry in any other place allowed, but what is already." As to vacant lands within the city to low water mark, he informs them that they are " already disposed of." The discussion which ensued resulted in the grant, in 1686, of what is known as Dongan's Charter, by which the

427

CONTESTS AS TO FERRY RIGHTS.

corporation became vested with divers sources of im- mediate income. Among these were the ferry, and an extension of jurisdiction in vacant lands to low water inark all round Manhattan Island, but not a word is mentioned concerning the land between high and low water mark on the Brooklyn shore. Indeed, it would seem as if the governor entertained some doubts as to his right even to grant the ferry, for it contains an express saving of all the rights of other persons, bodies politic and corporate, their heirs, successors and assigns, in as ample a manner as if that charter had not been made. And, in fact, the charter for which Dongan received the sum of £300 from the corporation, was never confirmed, and its validity was even after- wards disputed by Dongan himself.

On the 13th of May, 1686, only a few days after the granting of this charter, the freeholders and inhabitants of Brooklyn, actuated, perhaps, by fear of encroach- ments by New York, obtained from Governor Dongan a patent under the seal of the colony, fully confirma- tory of that granted them, in 1667, by Governor Nicolls. In this patent the land and water boundaries of the town are set forth as in the former, the rights of the citizens are enlarged, and a quit rent is reserved.

In the step thus taken by the Brooklyn people to protect their rights, we see the first evidence of those conflicting claims and interests which have made the ferry question, from that day to this, a bone of con- tention betwixt the two municipalities. Notwithstand- ing the specious claims set forth in the New York charter of 1686, that the ferry had been established and settled " for the accommodation and conveniency of passengers, the citizens and strangers," the people on the Brooklyn shore maintained their right to carry themselves, and others who might request them, over the river, without regard to the ferry privilege. Among other plausible pleas urged in their own de- fence, was the one that the ferry granted to the cor- poration, being the only established one, the whole river, except at that point, was a public highway, per- fectly free to all who chose to pass. So universally did they carry their principles into practice that John Airensen, who leased the corporation ferry, 1692, for the term of seven years, failed, owing to the number of independent boats, to realize his expected income, and after stemming the current of competition awhile, was only kept from abandoning his lease by the induce- ments and encouragements offered him by the author- ities.

It would seem, from the following order, that the Court of Sessions of Kings County exercised some au- thority over the ferry between Brooklyn and New York, October 7, 1690: " Whereas, much inconvenience does arise by several negrocs coming on this island from New York and other places, and from this island to New York: It is ordered, that the ferryman shall not bring or set over any negro or slaves upon the

Sabbath day, without a ticket from their masters." ( Ct. of Sess. Rec.)

On the 6th of May, 1691, an act was passed by the general assembly, confirming to the inhabitants of the colony their several grants and patents. By this act both of the patents of Brooklyn were confirmed.

Meanwhile, the corporation of New York, evidently uncertain about the perfect validity of the Dongan charter, took measures, in 1692, to secure its confirma- tion from the Crown.

On October 12th, 1694, the New York corporation further strengthened their foothold on the Brooklyn side by purchasing of one William Morris, for no spe- cific consideration, a piece of land in Brooklyn near the ferry.

This deed is the foundation of the corporation claim to their land in Brooklyn.

The ferry was leased, on October 20th, 1695, to John Andreson, at auction, for the term of seven years from 1st of March, 1696, at a rent of £147 per annum, payable annually. In 1699, among other important improvements undertaken by the city, a contract was made for a new brick building, at the ferry on the - Long Island side, in size 24 by 40 feet. This edifice, serving the double purpose of a ferry house and tavern, was completed about the year 1700, at a cost of £435. Soon after, the following rates of ferriage were estab- lished : single persons, 8 stuivers in wampum, or a silver two-pence; persons in company, half price; after sunset, double ferriage; cattle, single, one shilling; in company, nine-pence; colts or calves, three-pence, etc.

In 1698-9 the ferry was leased to one John Euwatse (Jan Evertse ?).

He was succeeded, December 27, 1700, by Dirck Ben- son, at an annual rent of £130 for seven years from March 25, next ensuing. At the same time, the lessee was required to keep a pen or pound for cattle, etc., and to land his passengers either at the dock of the city, " of some of the slips, or at the Burgher's path," and the conditions of the lease mention "a new brick house barne and pen thereunto belonging."

On the 10th of October, 1707, the ferry, together " with the new ferry house, barn, pen," etc., was leased to James Harding, victualler, of New York, at an an- nual rent of £180.

The terms of this lease, somewhat altered from those of the previous leasc, specified that the ferry was to land "every Monday and Thursday, at Countess' Key, every Tuesday and Friday at Burgher's Path, and every Wednesday and Saturday at the Dock Slip, near Col. Courtlandt's house, and at no other place whatsoever."

Renewed Contests as to Ferry Rights .- In January, 1708-9, one Cornelius Sebring, a wealthy farmer and mill-owner of Brooklyn, petitioned the gov- ernor and council for permission to establish a new ferry from some point on the island, between the old

428

HISTORY OF KINGS COUNTY.

ferry and Red Hook, to the centre of the city of New York. Taking alarm at this, the corporation immedi- ately (Feb. 5, 1709) presented a remonstrance thereto, in which, after reciting the long time which they had held the ferry, and the great expense which they had been at in maintaining and keeping it in proper repair, they state that it "is the only considerable income left to support the public buildings, bridges, gaols, landing places, fire and candle for their watches, salaries of their officers, bell men, &c .; " and the other public and necessary charges of the city. Wherefore they pray to be protected in their rights against the " unreason- able and unjust petition of the said Cornelius Sebring." Their petition was granted, and that of Sebring re- jected.

Annoyed, however, by the pertinacious opposition of their Brooklyn neighbors, and bent on wresting from that town their water rights, the corporation of New York, on the 19th of April, 1708, obtained from Gov. Cornbury, a man notorious for his vices, and disregard of justice, a new city charter, confirming them in their title to the old ferry, and investing them with a grant of all the vacant and unappropriated land between high and low water mark, all the distance of the Long Island shore, from Red Hook to the Wallabout, re- serving to the inhabitants of Brooklyn dwelling by the river side only, the right of transporting themselves, and their goods over the river, ferriage free, provided they carried no strangers. As the patents of the farms on the Long Island shore extended to the river, there was consequently no vacant and unappropriated land between these farms and low water mark. The grant, therefore, was for jurisdiction only, and not a right of property, as claimed and first established by Philip Livingston, when Mayor of New York, by his taking out the first grant for a pepper-corn considera- tion, for the land between high and low water in front of his brewery at foot of Joralemon street.

In December, 1712, the ferry was sold at auction to Dirck Adolph, mariner, of New York, for five years, at £211 per annum. In January, 1717, it was again taken by James Harding, for five years, at a rent of £155 per annum for the Nassau side, and £85 per annum for the New York side. Harding's applica- tion for this lease was backed up by the proffer of "Capt. Lancaster Lymes, Capt. William Walton, and Mr. Anthony Duane, merchants, three substantial citizens of this corporation, and of undoubted wealth and reputation " as his securities ; and by a letter to the corporation, from his excellency Governor Hunter, recommending him as a person "who, while he had the ferry, diligently tended the same and duly and punctu- ally paid his rent," and that he "bc preferred before his competitors, none offering more rent for the said ferries than he has done, etc." Harding played his cards well ; the corporation of New York could do no less than accommodate their action to the suggestion of

"his Excellency's said letter," "to which " as their minutes say, " this corporation will always pay the greatest regard and deference imaginable, as well as the knowledge they have of the said James Harding, and of his honesty, industry and capacity to undertake the said ferrics."

On the 10th of January, 1723, the Long Island por- tion of the ferry (the ferry privilege had previously been divided into two distinct leases, by resolution of the corporation, Nov. 27, 1722) was leased at auction to John Dean, Mariner, of New York, for five years from the 25th of the ensuing March, at a yearly rent of £135; and the New York part of the same ferry (established between the slip at Burgher's path and the Great Dock) to James Harding, the former incumbent, for the same period, at £70 per annum. But Harding desiring to reside on Nassau Island, probably on his wife's account, she being " lame and sickly," was obliged (inasmuch as the corporation insisted that the lessee of the said ferry should reside on the New York side) to seek a release from his contract, and the lease of the ferry between Burgher's slip and the Great Dock, to Brooklyn, was again put up at auction January 29, 1723, and was bid off by William Webbing, butcher, for five years, from the 25th of March, ensuing, at the rent of £71 per an- num. The latter, however, in 1725 complains, as a butcher, against James Harding, as being then in charge of the ferry, for carelessness, etc., in the transportation of cattle. Probably, then, Harding had bought out Webbing's ferry lease.

In 1727, the ferry was sold at auction to Theophilus Ellsworth, victualler, of New York, for five years, at an annual rent of £258, andwas renewed to him in 1732, for five years longer, at £245 per annum.

The Montgomery Charter. - Meanwhile the Brooklyn people, who treated the pretensions of the Cornbury charter with very little respect, and who had not ceased to injure the corporation ferry by every means in their power, procured from the colonial legislature of 1721 an act confirming their patent rights. To obviate the effects of this law, and in the hopes of strengthening the charter of Cornbury, which, from the circumstances under which it was ob- tained, the corporation had reason to fear was invalid, the latter procured in 1730, from Governor Mont- gomery, a new charter confirming their pretended rights to the land, to high water mark on the Brooklyn shore.

This, known as the "Montgomery Charter," after reciting the Dongan and Cornbury charters, and the causes of the various disputes, etc., concerning their validity, makes the following remarkable confession : " that the said city, or inhabitants or citizens thereof, never were well, regularly or legally incorporated, and for want thereof, none of all the said grants, confirma- tions, instruments or letters patent, hereinbefore men- tioned, could take effect or operate, and for divers other defects in all, some, or one, of the aforesaid

429

CONTESTS AS TO FERRY RIGHTS.

grants, confirmations or writings," etc. This charter, which, according to the rather tardy confession of the worthy corporation of New York, may be considered the first charter on which they can justly found their claims, confirmed all that was previously intended to be granted in the charters of Dongan and Cornbury, in reference to Brooklyn. The corporation paid the gov- ernor the sum of £1,400 for it, but it was refused con- firmation by George II, and so remained until Oct. 14th, 1732, when an act passed the colonial assembly, "con- firming unto the city of New York its rights and privi- leges." Nothing, however, could quiet the Brooklyn people who, in addition to constant infractions of the law, appealed to the assembly in January, 1735-'6, for a repeal of the obnoxious confirmatory act of 1732. Their application succeeded in the House, in the face of strenuous opposition from the corporation of New York, but by some means was stifled in the Council.

In December, 1737, the ferry was leased to William Cornell, Jr., " of Hempstead, Quecns County on Nas- sau Island, yeoman," for five years at £310 per annum, and at the expiration of his lease, it was taken by Rich- ard Baker.

In 1737, another petition from Brooklyn people for release from former law was presented; and, in fact, from 1730 to 1745, the corporation of New York lived

New York market in his market boat. This suit (Hen- drik Remscn vs. Corporation) was first tried before a jury in Westchester County, and after being kept before the Supreme Court of the colony for thirty years, was decided in October, 1775, in favor of Rem- sen, who was awarded damages in the sum of one hun- dred and eighteen pounds, fourteen shillings and ten- pence half-penny for his costs and charges. An appeal from this decision, to the king and council, was brought by the corporation, but was not determined in consc- quence of the Revolutionary war. "There is a tradi- tion 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 Hendrik 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, we are 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." During the litigation of this suit, in 1748, the ferry-house belonging to the corpora- tion, on the Long Island side, was sct on fire and con- sumed with all its contents. A view of the old ferry- house, copied from an ancient engraving, is herewith presented.

OLD FERRY-HOUSE, 1746.

in a perpetual state of warfare with the inhabitants of September 26th, 1750, Andrew Ramsey, "innholder " of New York, received a lease of the ferry, including "the dwelling-house, stables, erectments, buildings, pens, land and well " in Brooklyn, "at the place com- monly called the ferry, and now in the tenure and occupation of Daniel Bloom," for the term of two years and six months ensuing, at the yearly rent of £455, to be paid in quarterly installments. He was bound to keep one or more scows, and one or more boats for transportation of cattle, one of which was always to be in readiness upon the New York sidc. Brooklyn. They constructed a large stone house which infringed upon a part of the highway of the village; and by charging extortionate rates of wharfage on those who were privileged to pass in their own boats, as well as by every other means in their power, endeavored to compel them to pass the river in the public ferry boats. At length, exasperated by the continued injus- tice and petty annoyances to which they were subjected, the citizens of Brooklyn, in July, 1745, compelled the corporation of New York to defend a suit for five shil- lings, to test tlicir right to prevent one citizen of In May, 1753, Jacob Brewerton became the lessee of Brooklyn from conveying the goods of another to the i the ferry for five years, at a rent of £650, which leasc

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HISTORY OF KINGS COUNTY.

was renewed, on the 1st of May, 1758, for another five years, at a rent of £570 per annum.

November 14th, 1753, the freeholders and inhabi- tants of Brooklyn appointed Jacobus Lefferts, Peter Vandevoort, Jaeob Remsen, Rem Remsen, and Nicholas Veehte, as trustees "to defend our patent, when in any manner our liberties, privileges and rights in our patent specified is eneroaehed, lessened or taken away by the commonalty of the eity of New York."

In 1763, the ferry was managed somewhat differ- ently, being divided between Francis Kohler and Wil- liam Pontine, the former leasing the east side for three years from May 1st, at a yearly rent of £600 and the latter the west side, for the same term, at £200 per annum.

In May, 1766, it passed into the hands of Samuel Waldron for five years at a yearly rent of £660 ; and in May, 1771, was renewed to him for another three years at £550 per annum. At the expiration of his lease in 1774, it was determined by the corporation that three ferries, viz., one from Coenties Slip to the landing place of Messrs. Livingston & Remsen (foot of present Joralemon street) on Nassau island; the second, from Peek Slip to land at Jaeob Brewerton's wharf, or land- ing plaee, at Brooklyn ferry, and the third from the Fly market or Countess's Slip to the landing place at the same Brooklyn ferry. Accordingly, on the 12th of April, 1774, three several leases were duly executed, for the term of two years, from the 1st of May ensuing, to the following persons, viz .: to Elisha DeGrushe, for the first named ferry; and to Samuel Balding, for the seeond named ferry, at an annual rent of £120, and to Adolph Waldron for the third, at an annual rent of £430. The lessees of these ferries were obliged to pro- vide boats as follows: "The one that purchases the middle ferry to provide six boats, four large ones and two small ones; and the two others that purehase the upper and lower ferries to provide two large and one small boat."

In May, 1776, the whole ferry eame under the control of Adolph Waldron for two years, at £450 per annum. A clause in this and the previous lease provided that the lessee should furnish "at his own expense a suf- ficient house or room on the eity side of the said ferry, as near Countess's slip, or the usual and common land- ing plaee as ean be had, for the reception of all such persons as may have oeeasion to eross said ferry." Waldron, being a whig, left New York with the Ameri- ean army in 1776, and did not return till the elose of the war. During the British oceupation of New York and Long Island (1776 to 1783) the ferry was let by Mayor Matthews and Gov. Tryon, to some of their tory friends, Van Winkle and Buckett, probably for their joint benefit. Van Winkle is deseribed "as a very im- portant feeling man, who was aecustomed in warm weather, to walk about in a silk morning gown." They raised the fare to sixpence, not so high a eharge per-

haps, when we eonsider that wheat was then selling in New York at the extraordinary rate of one guinea per bushel. After the evacuation of Brooklyn by the British, November 25, 1783, Captain Adolph Wal- dron, by a lease executed June 23, 1784, resumed the ferry for five years from the ensuing first of May, at the yearly rent of £500. During the severe winter of 1783-'4, it is said that he and his sons made eonsidera- ble money by purchasing wood in Brooklyn and selling it in New York, where it was quite searee.

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The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 102

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n Publication date: 1884 Publisher: New York : W. W. Munsell & Co. Number of Pages: 1114

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114