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 witholding 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 Nicolis, 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." der 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.

Un

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 NewYork obtained a charter from Governor Dongau, 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 Gover

nor 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 NewYork, 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.(")

(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 L1400 was necessary for the procuring of that instrument; L1000 of which sum they determined to raise immediately by a loan on intererest for one year; which they accordingly did, and gave a mortgage for that amount to James De Lan cey, 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

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

had obtained the money. The consequence was, that on the next day, January 15, 1730, the charter was completed; and on paying the L1000 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 NewYork still continued purchasing the right of the town of Brooklyn from the Colonial Governors. See List of Corporation Charters and grants, 1747.