OF THE Ferry Leases and Railroad Grants MADE BY THE CORPORATION OF THE CITY OF NEW YORK, From July 1, 1849, to July 1, 1860; TOGETHER WITH THE VARIOUS ORDINANCES, RESOLUTIONS, &c., PASSED BY THE COMMON COUNCIL, RELATIVE то OR AFFECTING THE SAME Published by Order of the Common Council. BY THE CLERK OF THE BOARD OF COUNCILMEN. DOCUMENT No. 13. NEW YORK: EDMUND JONES & CO., PRINTERS TO BOARD OF COUNCILMEN, No. 26 JOHN STREET. 1860. VKM 8531 May 24, 1927. LIBRARY REFORM CLUB, NEW YORK, N. Y. PUBLIC LIBRARY 6127 PREFACE. In the compiling of this work, under the authority and by the direction of the Common Council, the undersigned has taken extraordinary pains, and devoted much time and labor for the purpose of furnishing a text-book, in relation to all matters concerning the FERRIES AND RAILROADS around and in the city, that may be depended upon for its accuracy and be complete in its details. The undoubted right of the Corporation of the city of New York to the exclusive power of granting privileges for ferries to be run from the shores of this island to those opposite thereto, seems to be so little understood, that many, even wellinformed persons, have been inclined to doubt it, and some parties have gone so far as to contest it. The various charters of the city have, however, placed that fact beyond dispute, for in that known as the "Montgomerie Charter," of 1730, we find the 15th section containing a very specific and emphatic grant of the power to control all ferries that may be established "from the said Island of Manhattan's to any of the opposite shores all around the same Island," to "the Mayor, Aldermen and Commonalty of the said City of New York ;" and we further find therein the express declaration, that "No other person or persons whomsoever, without the consent, grant, or license of the said Common Council of the said City," shall have any control over the Ferries, or possess any power in regard to them. The portion of section 15 of the Montgomerie Charter, referred to, reads as follows: "And we do further, for us, our heirs and successors, give grant, and confirm, unto the Mayor, Aldermen, and Common"alty of the said City of New York, and their successors, for"ever, that the Common Council of the said city, for the time "being, or the major part of them (but no other person or "persons whomsoever, without the consent, grant or license of "the said Common Council of the said city, for the time being, "or the major part of them), from time to time, and at all times "hereafter, shall, and may have the sole, full and whole power "and authority of settling, appointing, establishing, ordering "and directing, and shall and may settle, appoint, establish "and direct, such and so many ferries, around Manhattan's "Island, alias New York Island, for the carrying and trans"porting people, horses, cattle, goods and chattels from the "said Island of Manhattan's to Nassau Island, and from thence "back to Manhattan's; and also from the said Island of Man"hattan's to any of the opposite shores all around the same "Island, in such and so many places as the said Common "Council, or the major part of them, shall think fit; who have "hereby, likewise, full power to let, set or otherwise dispose of, all or any of such ferries, to any person or persons whom"soever; and the rents, issues, profits, ferriages, fees and "other advantages arising and accruing from all and every "such ferries; we do hereby fully and freely, for us, our heirs "and successors, give and grant unto the Mayor, Aldermen "and Commonalty of the City of New York, aforesaid, and "their successors forever, to have, take, hold, and enjoy the same to their own use, without being accountable to us, our "heirs or successors, for the same or any part thereof." 66 And again, in section 37 of the same charter, we find these 5 powers and grants referred to and confirmed in the following language: * "§ 37. And we do, by these presents, * *grant, ratify, " and confirm unto the said Mayor, Aldermen, and Commonalty "of the city of New York, and their successors forever, ** "** and the ferry and ferries on both sides of the East River, "and all other ferries now and hereafter to be erected and "established all around the Island of Manhattan's; and the "management and rule of, and all fees, ferriages, and perqui"sites to the same, or any part thereof, belonging or to belong; "and also the ferry-houses on Nassau Island, with the barns, stables, pens or pounds, and lot of ground thereto belonging; "and also all the ground, soil, or land between high-water and "low-water mark, on the said Island of Nassau, from the east "side of the place called Wallabout to the west side of Red "Hook; and also to make laws and rules for the governing "and well ordering of all the ferries now erected or estab"lished, or hereafter to be erected or established, around the "said Island Manhattan's, and all the waste, vacant, unpat"ented, and unappropriated land lying and being within the "said city of New York, and on Manhattan's Island aforesaid, extending to low-water mark " * * Nothing could be more explicit than the grant now quoted; and all subsequent charters, whenever reference has been made therein to this subject, so far from lessening the powers thus conferred upon the corporate authority of New York city, have universally confirmed and strengthened them. In the exercise of these powers in regard to the ferries, more general satisfaction has been given than in any other branch of legislation, and those who are ever seeking cause to cavil at the action of our City Legislature have but seldom |