[31] These “divers former governors,” &c. are limited to two, viz. Nicolls, who in 1665 granted them a charter, if that may be strictly called so, which only altered their form of government from scout, burgomasters, and schepens, to mayor and aldermen, without a word about ferries or water rights, or indeed any other matter—the original of which paper is not in existence. There is nothing to warrant a belief that there was a charter of any kind granted to the corporation between Nicolls and Dongan, who is the second of these “divers former governors,” &c. and who in 1686 granted them the ferry, (as is mentioned in a former part of this work) with an express reservation as to the rights of all others. The charter of Dongan, notwithstanding all their pompous recitals, is the oldest they can produce, which in any manner affects the interests of this town.
[32] The corporation of New-York appear to have abandoned the right of regulating the rate of ferriage very early; for in 1717, nine years after the date of this charter, an act was passed by the colonial legislature for that purpose.
[33] This clause was undoubtedly inserted to obviate, if possible the claim under the two Brooklyn patents, both of which were many years older than this charter.