A History of the City of Brooklyn and Kings County, Volume II.Ostrander, Stephen M.
History
A History of the City of Brooklyn and Kings County, Volume II.
Ostrander, Stephen M.
Brooklyn (New York, N.Y.) -- History; Kings County (N.Y.) -- History
In the reign of Queen Anne the Corporation of New York induced that
infamous trickster and reprobate, Governor Cornbury, to give New
York a charter, by which it was to be entitled to all "vacant and
unappropriated land" below high water mark from the Wallabout to Red
Hook. The charter was really void, for there was no unappropriated
land in the region named, previous patents and charters having given
them to Brooklyn as a town. In 1721 the colonial legislature confirmed
Brooklyn's rights, but New York's politicians bought for a specific
sum ($5000) a new charter from Governor Montgomerie confirming the
pretended right of New York to ownership in land to high-water mark on
the Brooklyn shore. New York secured a charter ownership in 400 feet
of land under water around the whole lower part of the city, and step
by step, with money and unfaltering political trickery, the city set
itself against the development and independence of Brooklyn. By Section
37 of the Montgomerie charter, the ferry franchise was confirmed
"forever," with a provision that no other person or persons whomsoever
should have the right to establish a ferry or ferries in the premises.
Legislative acts and legal decisions have been piled up around a
pretense, the fallacy and injustice of which appear upon examination of
the early records.
New York was not satisfied with the crafty legislation by which it
sought to overawe the village across the river. It began to question
the right of Brooklyn people to cross to New York in their own boats.
The result was that a Brooklyn man, Hendrick Remsen, sued the New York
Corporation. He won his case; the Corporation appealed to the King,
and the matter remained undecided in consequence of the Revolution.
Although the Constitution of the State confirms all grants of land
within the State made by authority of the King of Great Britain or his
predecessors, prior to August 14, 1775, New York afterward adhered to
its false claims to the river rights. However, by State rulings within
the present century, Brooklyn was permitted to exercise jurisdiction
to low-water mark. A Supreme Court decision in 1821 declares that
the City and County of New York includes the whole of the rivers and
harbor adjoining to actual low-water mark on the opposite shores. It
was only in 1824 that Brooklyn was able to secure from the Legislature
concurrent jurisdiction with New York in the service of process, in
actions civil and criminal, on board of vessels attached to its own
wharves.
Public-domain text, read in full here on John Shaqi.
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