New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-12
BROOKLYN ITEMS.

TIE BROOKLYN FERRY QUESTION. - Judge
Barcuo has rendered decision in this case. The
object of the suit it will be recollected. was TO re-
strain the Corporation of New ork from granting
lease of the Fulton and South Ferries &c. be
tween New York and Brooklyn, and the lessees
from receiving lease, on the ground that the
State had resumed the control of the Ferries by
the State law of l549, and that in pursuance Of the
provisions of that law the Commissioners ap-
pointed by virtue of it, gave to A. G. Benson and
others lease of those Ferries; and they claim
that their lease superseded the right of the Corpo.
ration TO make a lease to other parties
On the contrary, it was claimed by Messrs.
Henry Z. Davies and Van Buren,, counsel on
behalf of New York. that the right of those Ferries
belonged to the Corporation OF NewYork by viz
tue Of it's three charters, the Donegan, Cornberry
and Montgomery charters,) Messrs. D. C. and NJ.
being the local Governors at the respective
tinesl and that the Corportion had granted to
them by the Crown, IN fee, the right forever to
keep, set up and maintain so many, and such
Ferries, oil around Manhattan Island as to the
Common Council Of New York might seem meet
and proper; and by these charters there was also
granted in fee, a Ferry which was declared to
nave been established for fifty years before the
with this right was granted the fees and emolu-
ments of all such Ferries to the Corporation OF
New York forever
1t was also contended by Messrs. D and others
that these grants were grants of property to the
Corporation of New York, and are protected from
being resumed by the Legislature by the Constl-
tuition Of the United States.
1t was commended on the other side that the
grants were but grants of political power, not
coupled with any rights Of property, and that,
therefore, the Legislature was authorized at any
| time to direct the mode and manner and exercise
| of this power, or to resume it themselves.
The points in favor of the Corporation were also
urged by Messrs. Cutting and Dkeman, counsel
for Messrs. lie Roy and Pierepont and others,
trustees and the reverse maintained by Messrs.
ID. Marvin VIM. Kent and b. r. Butler for plain
tiffs, Messrs Benson and others, claiming lease
from the Commissioners
Judge Barcdlo, in his decision, has sustained all
the grounds taken on behalf of the Corporation,
and held that the Ferries were grants OF private
property, with which the Legislature cannot in-
terfere.
NAvAL.-The u. S. revenue cutter Forward, OF
the Philadelphia Station, Commander Fl. B.
Nones, returned yesterday from Boston, where
she had been ordered for the purpose of bringing
to this City the articles at that place intended for
exhibition at the Worlds Fair. This she did not
succeed in doing, as many of the boxes were too
large to be admitted through her hatchways, and
the amount of goods ready to be shipped being
about 300 tuns) was too great for her capacity
Capt. NoHes informs as that vessel was to be
chartered in that city, capable OF receiving and
conveying them hither The Forward left Boston
on the 7th and experienced very cold and bos.
ferrous weather during most of the passage. The
thermometer on the first day out, at o'clock, A.
NJ was down to Zero and one man was so badly
frozen as 10 be disabled for duty