New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-01-31

/ n--rsn,ss vs, IN a few days the disease spp~Nru
among the bosiuen and others employed % -
sntin- Dock Next those employed a. TIE 'ieSAuSe
dock al dining seized gradually oai surrey '-e
pest rrce marched to deadly mission Tor nih- 1'ss
when il reached 10 extreme southern lint ol'Iaaeo
Of abou, one and quarter miles rom Us stAflin. N
/ attacking almost al who within the inleetc9
limits and In the short space Of soout month one
hundred snd ffty exclusive Of those within Tee esuN
antne euclosure stacked and out Of these over
thirty fell victims 20 the dread r0n'i0 Al business
stopped and those who were able, 1ed ar sh'eu'
from the scogrse and but tor this no doubt me raF
ages OF tire pestence would have been much a. stef
Nor can i l. said i "a. owing any fault Of theirs,
/ nor 10 their own npruGence they bad not exposed
themselves T. T. did the infection come from the
Hospital but the poisonous masma ~ss olo"n rom
the ships 20 The shore, and al were SEIZED Nno cAihc
/ within the polluted atmosphere Within ire S1arsn-
tine ENCLOSURE too, ia Effects were most revolving 70
/ humanity Al the tine, numbers we're then con
vaesct and almost resdy % BE- discharged yet "nen
TIE dis. sse appeared uon-insrcourse was declared,
aud an embargo vas laid Those Who were there were
compelled 10 remain the well with TIE SICK aud nuner
Gus we're the victms 20 the scourse from ms cause
% too OF the cho.ers The statement Of the Health
officer gives st u twenty seven personi sent mere
with other complaints snd those not iniecuous VINO
ght them the arrival OF me lsase "ere iao0osa
/ snd compelled 20 remain They now moldrr n the
Quarantine Cemetery. fearful argument against tne
uuholy alliance of pauper establishment Win hesltn
Department Ncr has the past season alone furnished
Cause OF corp snt this ground for the very nrst
season the Quarantine 0csted there some twenty
ave OF the habants sickened With yellow lever and
II proved tstl in every case with out Que exception
md every frors that time 70 me present "nen
yeuowfeyer has been there q has prevailed % greater
/ or .es. extent without the Quarantine walls
Not only IL the health OF the Inhabitants cndsngerei
but the prosperity OF the place injured the value OF
their property deprecated and their business in great
measure ruined There are other causes Of complaint
detailed By the witnesses, snd which will De found IN
| their evidence herewith submitted. whica occasion
continual annoyance and discomfort 20 the residents
and renders the enjoyment Of life snd property uncom
Portable 10 the language Of one Of the Witnesses u
produces an interference with the full enjoyment o.
their natural rights which other porto OF me peo
ME - the state are ected TO- and which cries aloud
10 the proper authorities for redress In short i is an
updoubtrd nuisance where IL H. and OF such charac
ter thst has frequently caused the Interference OF the
/ Grand Inquest of the county
/ Buttti. said the persons who now make these com
plsnts have settled there since the Quarantine WAS
located there That they went there yolntarliy know"
ng Of the existence OF the nuisance, and that now they
hsve no right % complain. To this there are several
answers FIRST the establishment wss placed there
against the wishes Of the people and contrary 20 tner
earnest circumstances u vas stouty opposed AZ Toe
time Nv the Representative from that County but the
state in selecting this location for their quarantine ex
ercised their right OF EMINENT DOMAIN ihey TOOK
the and needed tor their public purposes contrary 10
the wishes OF the ownor only payins hun for u wns'
appraisers appointed by themselves adudged Il 10 oe
worth and now those people have mos y passed sNsy
their aud successors nave succeeded 70
The rights Of the original owners, and now here
asking for relief from nuisance which has become iI
tolersbe To this reief u q believed they are legally
L
at Ito commencement to the occupers OF houses In the
neil hb0rhOod will not b. less nuisance 10 succeeding
occuplers of the houses though they may have
come into neigh borho0d after the nuisance es
tsbli.hed there carrying offensive trade IS con
tnual injury the occupation OF houses adjoining and
every succeeding occupier will have Al the rights OF
occupation, and may complain OF their inifacton,
though these rights may have been frequently nirnged
ia tho time of his predecessor and though he takes the
house knowing OF the existence OF the nuisance and
roienf non n ipi4ria-we may answer he might have
k,atx fha IN hn nngfu
and reying on his right 20 Gsste IL can Il be pre-
sumed be calculated on the continuance Of that which
Is wrongful
But there is smother answer this objection If the
argument sound that because they have gone there
knowing OF the existence of this nuisance, and there
fore have no right to complain and that the state has
prescrpive nj ht continue IT, then say these per
sons may and insist the establishment shall be
Kept strictly for the purpose for which il WAS instituted
and that the nuisance TO which they are compelled to
submit shall not be increased They may say, You Sc
ected this place your Quarantine location but you
have converted II into srge pauper establishment
which you have riSh 10 do, and 10 which object
We must submit D. stand between you and the yellow
fever and We may be compelled 10 be the Pest House
the state but you have no right to convert the place
into charne house and make il the POtters Field for
all Europe The law has said that II person carry
on noxous trade though In place where Il an
GENTLY established in a manner more nONiOus than be-
fore he is liable for the annoyance he causes his neigh
bors addtons 10 that which he Justify by prescrp
ton or preoccupation. IN the opinion OF your Com
mitiee, this common rule well "a rule Of law
Quarantine Establishment has become not only more
gerous the hesth Of the neighborhood bat the
offensive eiuvia aud disgusting exhibitions complained
OF The greater amount Of disease Concentrated here
has not only rendered tho sss~eli-h, -o-iaas
than heretofore. but has rendered IL in much greater
degree cOntnual source Of annoyance and discomfort
aud the enjoyment of life aud property more uncom.
Portable and that for these the residents there
have good OF complaint and have good right 10
ask be relieved from this annoy and discomfort
It may well be doubted however, how far the state
fr.ti In m hfa rhug hard
right II right there s against the equitable demands OF
portion " her citizens II has been often said aud
well said that the State pleads the lin
stions against Just claim does she enforce
strict legal right against natural justice and equity
and rus, 1t will equally be he'd che will insist
on the continuance OF nuisance when her only claim 10
do l. founded the right of pre0ccupation or pre-
scrpton II this had been held valid reason the City
Aims House would still have been located Ia the Park
gun powder magazines would still be found In the hear,
Of your City and the Lszsreto would have continued
on Governors leland. But laws require moral force
without which there Is authority and when the sd
vancing tide Of population rendered their location i'm
proper however judci0us the original selection,
they were compelled to give way popular opinion or
popular prejudice demanded they should retire and in
accordance herewith We have seen the location Of
such establishments changed from time b time Apply
the same rule 10 staten Island and the Quarantine will
De removed.
For the reasons therefore
FIRST That the Quarantine establishment In its pres
ent location wholly ails 10 effect It's object, and cannot
BE- made etheieu' Tor the purposes for which il 10
stituted
Sand Because il is injurious the health and fatal
10 the prosperity Of Staten Island and the complaints
urged sgainst It's continuance there well founded
Your Committee are Of the opinion that tho location
should be changed and respectfully recommend its 8
removal
AZ to the second branch Of the inquiry embraced
the Resolution To what locality should the Quaran.
tine establishment be removed
As general answer, would say the present loca
ton is too the City Of New York 10 should be re
moved to greater distance and should be carried as
lar away a. psssiseas the interests and convenience
)t Commerce Will permit-cOmpstible with the Oh ects
II the institution. Several places have besn proposed
- arording suitable location all OF which your Com
nlIiee have visited and inspected directed by the
Resolution under which they appointed .
COney Island, Wards Point Princes Bay Sandy &
Hook and ROobnss Reef, were proposed and each had
ner advocates The annexed Diagram Of the Bay and
darbor VI New York, will give general idea VI the
situation Of the different propose locations with the dis
snce from the CITY p
COMFY ISLAND . N the County Of King, and owned
y the town Of Gravesend. Ills sand beach aud Is
ised only nsning station and a. watering place
or ses oshng Tor which purpose II 10 much fequented
q The summer season. All TIE persons examined with
II one or two exceptions That this would not
q proper location the land does not afford the neces
AIRY facilities for the Lszsretto Il the harbor what
required Il 10 too much ex so,ed there Il not ,u
lent depth oi water Il 10, considered BY those con