The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-17

sons and also snoining the said Le Roy and Psrpont
nom accepting said lease Upon this complaint
an sfndavt on behalf Of the Mayor and Common 0oun-
ell was filed with view to dissolve said injunction.
The adav forth the several charters granted to
the city from its foundation to the Revolution, and
also from the Revolution to the present time; to w.t.
the charter granted Governor bugsn bearing date
So. certain ferry, established between the City Of
New York and Long Island, and also certain other
granted by Queen Anne to the Mayor Aldermen, SO,
Tstifyng and CONFIRMING their right to the ferry
toned In the charter from Governor Dugan together
with all the vacant and unspproprated ground lying
and being Long Island from high water to low
mark and also certain other patent, bearing date the
Great Britain, whereby he granted to the Mayor Al
dermsn, &c. of the city Of New York and their success
sole power and authority Of settling appointing
aud establishing sush and so many ferries around
Manhattan Island for the carriage Of people, horses
cattle. &C., rom the said Island Of Manhattan to
Nassau Long Island and also to any Of the oppo
site shores all around said Island 10 such many
places as the said Common Council should think TT
The affidavit stated the several constitutions and
legislative enactments confrmatory OF those charters
and the various proceedings OF the Mayor and Com.
mon Council since the revouou, IS conclusive in re-
lation to their title TO said ferries
The was called en- this morning, great part Of
Thich was occupied by thu reading of the various
documents upon whicn the parties on both sides rely
after which
Mr. Marvin on behalf Of the plaintiffs rose, and
after making preliminary remarks asked II their
opponents intended to make out that the State Of
New York had given up the entire control and soye
reignty the ferries and other franchises to the
corporation of this city. say, said Mr. Marvin that
ries belong the State becaue the East river is
nsvigable river, and the whole thing Ia matter Of
make out our title to have ferries The question
has the State Of New York parted with its sovereign
rights in the regulation Of ferries to the corporation
OF this city or to any one else to such that
the State has lost all control OF them 1t will not be
pretended that those rights have vested IN the United
The Supreme Court Of the general government dscaim
the gL of having any control OF ferries and here it
may be interesting as matter OF in respect TO
charters Of the State OF New York. to state
that not OF those charters relied ever re-
ceived the royal assent of the soveregns Of Great
Britain. put the question 70 the counsel on the
other side these charters merely colonial or
bn that thew were Confined BY ali our constitution,
and enRctments but the act OF l772 was repealed
by the of 1928 and this statute declares
this State, and therefore the act which the
rely is no longer act OF this sate and 1t Is to be
OF Confirmation, that it is the opinion of the most
eminent counsel at this bar that the charters not
saved by it. The constitution Of iii provided that
nothing contained in that constitution should anpul
the ancient charters and also that certain
lona laws should remain in foree and the act Of 1928
only goes to show that the constitution OF 7 did not
repeal those charters Now, this is the most IA
vorable view that be taken of the question
for the other side-that can be taken OF this char
ter. The constitutions OF 1921 and 1916, possess
| no greater powers than the old charters and
granted By colonial authority BY the governor or as
esmby. they precisely on the same footing as to
the powers and authorities they confer. Now, the
Legislature of this State in 1913 granted charter in
precisely the same words as tho ancient charter aud
believe that the power OF the Legislature over that
charter would be the those have alre
referred to- That being the the important Ques
ton here is what Is the power OF the Legislature over
those charters 1t will not be deemed that the begis
lstive power of the State extends TO all matters at
fecDg the public except so far as Is restricted BY
the constitution OF this state and OF the
laws be passed but these laws have no application
here ray then, that subject to those restrictions
modify take away Sc all or any Of the franc hise.
of the corporation provided that in so doing they dc
property Of public or private
City Intelligence.
| CELEBRATION fRASKLrs's BIRrHDAY.-Ths ami
ver,ary OF the birthday Of Bens amin franklin the pa
triot philosopher and printer which occurs to- day
will be celebrated in an appropriate manner by the
| New York geographical Society. The Hon. Chief
zion. ana after the literary exercises are
there will be grand ball and banquet. Tiper Hall
has been selected for the celebration and from what
know Of the arrar gements are satisfied II will
reflect credit on the printing profession and on the
committee who have charge oft.
military MArrrRs -Brigadier General spicer ha:
been nted with pair of epauletts, sash and
sword, by the Second regiment, which he lately com
mandsd. The following IL the correspondence
| 6rNrRAL-In behalf Of the onicsrs OF the Second
Regiment New York State Militia, requested to
beg your accs ptsnce Of pair of Brgader Gen eral
epsuets, sash, and sword knott. as mark Of the
high esteem In which you held by the officers Of
the regiment you recently commanded, with 50 much
accept them, Al believe US, General,
Yours respectfully cb.r Joseph !, do CRAIG
To Brigaaier General cHsRLrs b srIcrs.
New YoRK, January H. 1851
CoLoSEL-I have the honor to acknowledge the re-
cept Of your esteemed favor Of the 10th inst accom-
panied by Jour beautiful presents 1t Ba source of
gratihcation to me to have merited the esteem and
good wishes Of my fellow officers and believe me that
the many pleasant hours passed with the officers the
Second Regiment will ever remain green spots the
the Oficer,, and present to them my Kind regards.
Very truly your obedient servant,
Lieutenant Colonel JosrrH CR.Ia,
Chairman of Committee
The con mssioned officers of the second Regiment
meet at the Mercer House, Friday evening the GATH
instant to elect Celonel In the place OF General
spicer. Several candidates are mentioned, but
Brigade Major John Aug Bogart, Is said to be the
most likely
Musical.
THE orEaA srAsoy.-About q dozen more perfor-
msncss at the Aston Place Opera House will terminate
the regular subscription season In reviewing what
ha, psssed we are fcrcbly mpressed with the rsgu-
laIity that has generally attended the perormar ces
Illness on two occa,ionsn the one instance of Pa.
rodi and in the other OF Bertu closed the house
sna "hsn S,sn f ~ TO tn: former lady
admirable zeal and esrnetness eaced every eign Of
disappointmsnt from one Of the most crowded au-
diences Of the fesson. Since then, as before that
event Parodi on every occasion, has sacrificed ali
personal feeling som stimes when she has been quite
il-raher than to dissppoint the public This fact is
too well known to need any further comment than
that which involves appreciation for that arise
We have never witnessed Ia any Italian performer Of
distiEction and emnence lees caprice; and, when we
reflect that this Ia the frst that Par has
passed Ia cold climate surprised at the regu-
lafty OF her sppearsncet to nothing OF the hard
eXertlon m n ki0x
"a appear In as many characters a possible The