perty. Gov. Dongan discovered that Mr. Santen had sent charges to England, charging him, Gov. Dongan, with mal-administration; and in his answers to queries of the Board of Trade, dated the 22d of February, 1687, the next year after he signed what is called the Dongan Charter, (see Documentary History of the State of New-York, p. 147, vol. 1.,) takes the opportunity of answering Santen's charges. He, Dongan, says, p. 182, after naming sums received from other places:

"I own, also, I have received £300 from the citty of New-York, and have granted them nothing more than what they had from my predecessors, and is now before His Majesty for a confirmation.”

It appears from this statement, made under Governor Dongan's own signature, that he understood that the charter for which he acknowledges he received £300, required His Majesty's confirmation to make it valid.

Nothing is heard of the Montgomerie Charter after its delivery to the Mayor and Common Council, (see meeting of the Common Council, eleventh day of February, 1730,) until the 14th day of October, 1732, two years and eight months. The Common Council, during this time, were acting under its authority, as appears from their proceedings.

In that interval, Governor Montgomerie died, and Governor Cosby was sent out from England to fill his place; he arrived in New-York, in July, 1732.

The 14th day of October, 1732, the General Assembly of the Colony passed an act confirming the Montgomerie charter; this act was passed under the

administration of Gov. Cosby and his Council, three months after the arrival of Governor Cosby. For this act, see Kent's notes, new edition, p. 161.

It will be seen by Governor Cosby's letters, copies of which were obtained in England by Mr. Broadhead, and are now on file in the office of the Secretary of State, that he advised the home government not to confirm the charter, or the Act of the Colonial Legislature relating to it. The following are extracts from the letters of Governor Cosby:

"Col. Cosby to the Board of Trade.

"MY LORDS,

"New-York, 18 September, 1732.

"I have the honor to acquaint your Lordships of my arrival to this place; the assembly is now a sitting; so soon as they are upp, I will not faile by the first ship that goes for England to send all the acts, in order to be laid before you. I have just this moment received your Lordship's letter, with a copy of Captain Carrington's inclosed. I will immediately write to the Commissioners for the Indian Affairs to consult with the five nations, in order that they may interpose, and will do every thing that I can in that affair. I am, my Lords, with the greatest respect imaginable,

"Your Lordship's most obedient, humble servant, แ "W. COSBY."

Extract from a letter written by Governor Cosby, of the Province of New-York, to the Government at Home, on the 29th of August, 1733, in

reference to the New-York City Charter, called Montgomerie's Charter.

"No. 10 is an act confirming the Charter of the City of New-York, by Governor Montgomerie. My Lords: As to this act, I would beg leave to observe, that the Charter which was designed to be confirmed by this act having past away grants of a very extraordinary nature, that I thought it necessary for me to acquaint your Lordships with some of the inconveniences arising from it. By this Charter are granted all the islands near and round his Majesties garrison here; the soil of the East River, as far as low water mark, and extending in length to the utmost limit of the island, whereby His Majesties prerogative and interest may be in danger of suffering, and his ships stationed here under the necessity of becoming petitioners to the Corporation for a convenient place to carreen, or refit; for this Charter having granted the Corporation all the islands, as well near and round as before the fort which lay commodious for the security and defence of it, in case of any eruptions, was, as I conceive, lodging too great power in them in case of any necessity, and by so much lessening of the King's prerogative.

"I must own, my Lords, that I was merely surprised into an assent to this act, it having been exhibited so very early after my arrival, (as your Lordships will perceive by the act itself,) that I had not an opportunity of being acquainted with the nature and design of it, and from the general words of the title of it very little appehended the nature of its extent.

"The act in general terms confirms the city all the grants to them at any time heretofore made, without either referring to any one grant in particular, or mentioning what the grants were that were designed to be confirmed by this act, so that your Lordships, on view of the act, could not determine what rights, grants, or particular priviledges were to be confirmed by the act, and for ought appears some (if not many) of these Grants or Charters may be (and, as I believe, are) prejudicial to His Majesties interests.

"It were but lately, my Lords, that I came to any knowledge of the Charter designed to be confirmed by this act; and that Charter consisting of a vast number of skins of parchment, and the vessel by whom I now write being to sail in a day or two, has rendered it improbable for me by this opportunity to have sent to your Lordships a copy of it, and without which your Lordships could not judge of the act, the act being worded in general terms, but shall send it by the next ship; and now hope that what I have offered will justify your Lordships to stop any proceedings at your board upon that act, until I have this honor a second time to write further to your Lordships concerning it.”

The Colonial Act above named, referred to by Governor Cosby, was never acted upon by the Home Government at all, and was repealed in 1830 by the general act, which repealed all colonial laws then in force. (See Revised Statutes, vol. 3.)

The court says, in extract 5, "The charter which contains the grant in question, was executed in 1732, and was confirmed by the constitution of 1777."

We do not know what the court understands to be necessary to the execution of a Municipal Charter; but we will, by giving the manner in which one is executed, show how that was done.

We have before us the Charter of the City of Kingston, in the island of Jamaica, on which are the following endorsements:

"Passed the Council, this 14th March, 1801.

"M. ATKINSON, Clerk Conl."

"I consent, this 15th day of March, 1801.

BALCARRES."

"Passed the Assembly the 16th day of March, KEAN OSBORN, Speaker."

1801.

"Which act having been referred to the Lords of the Committee of His Majesty's most honorable Privy Council, appointed for the consideration of all matters relating to Trade and Foreign Plantations, the said Lords of the Committee did this day report, as their opinion to His Majesty, that the said act ought to be confirmed.

"His Majesty taken the same into his Privy Council, to declare his approbation of the said act: and pursuant to His Majesty's pleasure, thereupon expressed, the said act is hereby confirmed, finally enacted and ratified accordingly; whereof the Governors, Lieutenant Governors, or Commanders- inchief of His Majesty's said Island of Jamaica for the time being, the Council and Assembly of the said Island, and all others whom it may concern, are to take notice and govern themselves accordingly. "W. FAWKNER."