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.