In April, 1721, the General Sessions of the Peace for Kings County held its term, and, after a due consideration of the question, indictments for encroaching on the "common highway of the King leading from the ferry to the church," were found against John Rapalje, Hans Bergen, and others. It appears very singular that these indictments were obtained at the instance and upon the complaint of two of the indicted parties.
The complaint on which this indictment was obtained was as follows:—
Flatbush, April 19, 1721. John Rapalje and Hans Bergen of the fferry desires of the Grand Jury that the Commissioners own being should be presented for not doing there duty in laying the King's highway according to ye law, being the King's highway is too narrow from the ferry to one Nicolus Cowenhoven living at Brooklyn, and if all our neighbours will make ye road according to law, then ye said John Rapalje and Hans Bergen is willing to do the same as aforesaid, being they are not willing to suffer more than their neighbors. As witness our hands the day and year first above written.
Jan Rapalje.
Hans Bergen.
These men were governed by a desire that all should fare alike, demanding that the law should be enforced without fear, favor, or partiality.
Some of the persons indicted, in connection with others who felt aggrieved and feared that they also might be placed in a similar unpleasant position, applied to the Colonial Legislature, and secured the passage of a law on the 27th of July, 1721, "to continue the common road or King's highway from the ferry toward the Town of Breuckland, on the Island of Nassau, in the Province of New York." The preamble was as follows: "Whereas, Several of the inhabitants on the ferry on the Island of Nassau, by their petition, preferred to the General Assembly, by setting forth that they have been molested by persecutions, occasioned by the contrivance and instigations of ill and disaffected persons, to the neighborhood, who would encroach upon the buildings and fences that have been made many years, alledging the road was not wide enough, to the great damage of several of the old inhabitants, on the said ferry, the said road as it now is, has been so for sixty years past without any complaint either of the inhabitants or travellers."
The remaining sections of the law established the road "forever," as it then existed, from the ferry upward to the town of Breuckland, as far as the swinging gate of John Rapalje, just above the property belonging to James Harding. The unwillingness of the early settlers to part with their land, when land was so cheap, accounts in a great measure for our present narrow and crooked street. These early settlers, in their opposition to the widening of the street, might have desired to preserve some favorite fruit or shade tree. It has been given as a reason why Broadway, New York, makes a turn or diverges at Grace Church, that a Dutchman had a favorite cherry tree on the line of the thoroughfare as proposed, and, if the street was continued in a direct line, the tree would have felt the woodman's axe.
Another provision of this enactment was the privilege it gave that, if a majority of the inhabitants of the town should "adjudge that part of the road near to the ferry to be too narrow and inconvenient," they could take proceedings to have it widened. In order to secure this improvement, "they might cause the sheriff to summon a jury of twelve men to appraise the value of land to be taken, and the amount of value so ascertained should be levied upon the towne, and collected and paid to the owners of the land so appropriated to street purpose."
This provision of the law was never enforced. The people seemed to rest content with their narrow, winding, crooked lane, which in those days resembled a cow-path. The "swinging gate" referred to, is said to have been located on the rise of the hill at or near the junction of Sands and Fulton streets.
The commissioners of highways laid out another important highway or road on the 28th of March, 1704. It led to the public landing place at the mills of Nehemiah Denton at Gowanus. The record of this road is as follows:—
"One common highway to Gowanus Mill, to begin from the northeast corner of Leffert Peterses ffence, and soe along the road westerly as it is now in use, to the lane yt parts the lands of Hendrick Vechte, and Abraham Brower and Nicholas Brower, and soe all along said lane, as it is now in ffence to the house of Jurian Collier, and from thence all along the roade, now in use to the said Gowanus Mill, being in all four rod wide to the said lane, and that there be a convenient landing place for all persons whatsoever, to begin ffrom said southermost side of said Gowanus Mill house, and ffrom said house to run ffour rod to the southward, for the transportation of goods, and the commodious passage of travellers; and that said highway to the said Gowanus Mill ffrom said house of said Jurian Collier, shall be but two rod only, and where it is now in use said common highway to be and continue forever; and ffurther that the ffence and gate that now stands upon the entrance into said mill neck, shall soe remain and be alwayes kept soe enclosed with a ffence and hanging gate; and the way to said mill to be thorou that gate only, and to be alwayes shutt or put to, by all persons that passes thorou."