The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-14
Common Council.


Common Council.
BOARD OF ALpERMEN.- Monday Nov. 13.-Morris
Franklin. Pre,ident. in the chair The minutes OF
the edings Of the last meeting were read and
Several petitions Of riaing Importance referred
to the appropriate commuters.
Initiation N irritation to attend the dedication
Of the Cypress Hill Cemetery, on Tuesday, the 14th
inst. Accedted.
The following message was then received from his
Honor Tie Mayor
MAYORS MESSAGE
Mayors OrFIcE, NEw YoRK,
Nov Is. lS4S. (
To THE HONORABLE THE COMMON CoUScrL:-
Gentlemen--I transmit, herewith, a formal notice
under act to establish and regulate ferries be-
tween the city of New York and Long slsnd passed
May 19h 1875 have granted to certain persons therein
named lice nses purportipg to be for establishing and
keeping certain ferries between this city aud Brock
Ign, together with certificate copy Of such license;
and letter from the grantees. with which the same
were communicated to me 1t becomes my duty to call
your attention to the whole subject of the rights aud
interests of the city in rfereuce to ferries iuasmuch
this Ia the attempt to act under the law to
which have referred
The validity of this act, far as it may operate
be const rued to divest this city OF the in re-
gard to ferries granted by it's charter aud confirmed
by the most solemn legal and constitutional guarantees
OF che State has been recognized by the autho
rites OF this city, does its consttutonaity appear
to have been relied by the Legislature by which it
was passed The act seems to be another OF those In
stances too frequent for the character of Legsa
ture In which the Legislature assumes power the
constitutionality OF which 1t doubts; and then az
tempts to limit the operation Of the general words as
sorting the power. by provision that they shall not
be to violate the constitution or impair the
rights secured bv that instrument.
The frat section Of this act provides that the Com
nissioners shall have power to grant licenses for es-
tablishing and keeping SO many ferries and in such
in their opinion the public convenience may
require, with certain exceptions and conditions; but
the tenth section provides that nothing herein con-
wise impsir, the rights of che Mayor, Aldermen. aud
Commonaty of the city Of New York. and their le,-
Sees their executors, administrators and assigns or
in, to, any ferry ferries heretofore established
by Them or Of in, or to. any private benefits emolu
ment or advantages incident to the same or arising
theTefrom; and nothing herein contained shall be con-
strued to supersede or annu the privileges, vers,
and emoluments Of private nature. which have been
granted to the Of the city OF New York.
by charters and legislative acts"
The powers and rights of the corporation, which If
the construction of the commissioners correct
directed by the first section in the judgment OF
the most distinguished jursts precisely what are
served by the 10th section and precisely what 1t de-
nothing herein contained sha be construed to annul
impeach or in any wise impair
The power, not merely to keep up ferries already
cessary, was granted to the corporation in the most
terms, in the early charters not only
as public authority, but private right, with the
incidents which attach to property and it has been
ikewe eolemnly confirmed by the laws and constitu-
ton of this State 1t has existed for nearly century
and half under the authority Of these grants aud
the combinations of successive governments and con-
stutions and has been exercised in aspirit OF wis
dom aud lbersty.
OF the nature Of that power the late Chancellor
Kent thus speaks in his notes on the section OF the
charter by which 1t conferred " The section last
referred to, contains grant and confirmation to the
corporation nd their forever of the ferry
and ferries both sides of the East river and Of all
other ferries then thereafter to be created and esta-
blished all around Ma leland Under the ma
nagement thereof and all fees and perqusites
to the belongings and also all the ground aud soil
between high and low water mark, on Long island from
the east SIDE OF the place, called Walabout to the
west SIDE Of Red Hook and to make and rules for
| ham, sfah bad nr
be established around Manhattan Island; saving to
the inhabitants between Wanabout aud Red Hook,
the right of transporting themselves and their goods
only in their boats from and to their respective
dwellings and plantations without paying fsrriage The
right of ferrage, are connected with the grant aud
confirmation Of lands within the city of New York
granted with the regular haedum clause appropriate
to the grants of estates in fee "
The rights of the Corporation, in respect to the
Enlistment license and regulation of ferries bet
the city Of New York and Long Island has, within q
recent period been ably and z-alousy discussed both
In and out Of the c Common Council 1t seemed to be
conceded that grant of the old ferry between New
York and Brooklyn land which was tpe cslly granted
az apd by the charter Of aoS as see satS
perry estate in fee, which could not be lawfully
questioned or disturbed except by due process, OF law
rates Of ferriage admitted that the corporation was
illegally and solely sezed" of the ferry The same
statute declared that the corporation might keep zone
ferries' between the city and Nassau Island
and that no other persons than the corporation OF
New York, should erect aud keep ferry "between
| New York and Nassau Island" But the grant OF
right to establish other ferries and to appropriate the
profits was said to be the grant of sovereign ya-
tive power, of public legislative character and liable
to be recalled at the pleasure of the Legislature do
not perceive that there is any solid ground for such
distinction this point between the grant of the old
ferry with lite rem Is and profits and the grant Of the
right to establish other ferries when needed with their
rents and profits They equally grants of the cor.
| property. They made in the same terms, and in
the same connection with the grant of lands.
They confer on the inhabitants Of New ork vested
and valuable interests arng from the rents and pro
ats Of every ferry established and to be established
under the charter. Whether new ferry. in any
given case, be wanted and whether 1t would be bur-
den or beneft to the citizens, was intended to be
and properly left to the direction of the corpora
ton as all such grants must necessarily be left to be
exercised according to sound discretion. The gran!
was founded the two fold consideration source
Ct to the city, and accommodation to the
public and in the latter view the corporation are
amenabe to the judicial tribunals for the abuse Of thel
discretion, and the omission of Que exercise of the
| power corporate body is capable Of taking the
grant of a ferry, OF the right to establish one,
and it is q freehold right and much beyond the
reach Of gratutous legislative resum ption, any
other franchise property held by grant charter
The ferry franchise is not the grant Of political
strictly speaking any more than the grant Of any
other Ianchse any other Of property. IL Ger
tapy is not more So in respect to the right to esta
bsh new ferries than the grant of the old ferry and
that is admitted to be absolute rrevooabe grant in
fee The grant Of political power Is oxclu,ively mat
ter Of public aDd general concern, but the ferriage
| grant for the benefit Of the grantees, and the
inhabitants of the city The Inhabitants in their ag
create corporate capacity have vested interest
in their entire grant of the old ferry and Of the
to establish others, they have Individually 10 any
government grant Of lands, tenements and heredita
ments Nor can such grant be lawfully revoked any
more shan the grant Of any other hereditaments ex
cept for noruse misus to be ascerained by ju
dical proceeding There l. danger that the power
Of establishing ferries in d cretou will be abused e
the prejudice of The inhabitants of the city of it
neighbors considering the popular foundation of the
| council. It's sympathies with the feelings and judg
rent OF it's constituents must be lively. active and
cfasnt. rbe power is more likely to be used TO the
best Interests Of the city, and with discretion and
judgment. than If it recalled and deposited else
where and exercised by any other body OF men. what
ever for is to be presumed that the citizens Of New
York In matters that their local terests
convenience, are sufficiently sharp sighted liberal and
| psreeverIpg
| Not only have the commissioners, in granting
license for new ferry, exercised power which
bee de nisd by this city evidently