The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-08
3E2 y Axx8 = =.

8 - = - - 8 . - - =
->~~>~~~>>~~~>>~>~~>1~~
0As Rspsrs Of Comptro roller Flasg o. the EN-
cEOachmcass tho Bastcry
FINANCE DEPT, C0MPTRoLLER's OFFICE
City Of New York, June 30, 1853.
To THE COMMON CouscIL:-
The ordinance Of lS44. providing for the redemp
on of the city debit and which is declared unalter
able without an act Of the Legislature until the deb
Is paid, contains the following section OF title A.
sec IL shall he the duty Of the Comptroller to TAXI
chafgs OF all the real estate belonging t. the corporao
and tn prevent all en- cr"s :hmepts The
Frequent complaints have been made OF encroach
ments on the real estate u the corporation. and in
one case where remonstrince was unavaling. the
Comptroller has requested the Counsel TO the Corpo
ration to commence legal proceedings. In some
cases where wrongs have been done to the property
al the city, the of redress embarrassed BY
the acts Of the public ageIts.
The o7th section Of the ordinance Of lSi9, in re
lstion to the organization of the departments, re
quires the Comptroller TO report to the Common
council all entertainments on the real estate Of the
corporation. In com Glance with this ordinance
the Comptroller respectfully invites the attention OF
Ane Common Council % the following presentation
oi encroachments on ihe property OF the city
THE CASE or JOHN J. HICKS.
Mr.. Hicks obtained lease in December last, for
a Terry 10 Williamsburg, from his property, consist
ing OF one halt of pier No. IS East river and balk-
mead OF about hut ed feet the line of Front
street In the grant he authorized ito sink q
block ON the southea terry side of pier No 80 East
fixtures; and further, to provide good and sufficient
Drdges ferry accommodations, &c, at each landing"
OF said iesy, to the extent the same may be required
or necessary
In commencing operations for the ferry, Mr.. Hicks
made q contract TO sink bulkhead from pier 80
ross the slip lis feet, and from the latter point to
south street. l60 Feet giving him an OF about
1900 square feet equal to little more than seven
lots which worth, 10 the estimation of persons
IN tha, vicinity, 5000 each, or $50 900. This is
MT Hicks Interpretation II that clause in his grant
which authorizes HIM to sink y block.
The Comptroller contends that inasmuch a. the
bed OF the river al that point is not embraced inthe
grant under which Mr.. Hicks holds his bukhead,
and Is covered by the grant to the corporation under
the Montgomery charter, Mr. Hicks has ne right to
lill in the slip and make land for himself. without
irst obtaining grant from the Commissioners of the
Sinking Fund and paying the city for the land, and
then obtaining an order from the Common Council,
authorizing him to I'LL up the slip and make land for
himself and that the indefinite provision for sinking
q block on the southeasterly side Of pier of 800
feet in length, does not authorize him to fill up
half the length OF the slip and make seven lots of
land for himself, without compromising the city for
fhc same. 1t Is commended by the Comptroller, in the
controversy with Mr. Hicks that the late Comptroller
and the Common Council could not have intended in
xhe grant Of q block to seven lots belonging to
1he CITY where IN the same grant E stated that he
Ne to run the ferry from his own property and there
fore has the privilege tor ten years, at 5000
year.
The Counsel to the Corporation has obtained an
injunction, and therefore the case will be decided by
xhe Supreme Court.
Previous to the commencement Of this suit and on
1he 2Sd Of May, letter was written to Mr.. Hicks,
copy OF which is annexed and marked No. l. About
the same time, the Street Commissioner had the ex-
tent of the encroachment ascertained. and called
Mr.. Hicks 10 desst These circumstances against
she encrcachment were UNDECIDED. Individuals in
fcreed In property in that part Of the city, also
made Efforts to prevent the injury in filling up the
slip but these efforts also unavailing, and the
Counsel 70 the Corporation. at the request of the
Comptroller, applied tor aud obtained an injunction.
u-EEcROACHMENrs ON THE BATTRRY.
Persons owning the lots on the lower side OF the
Bowling Green, and which originally constituted
what was called the Government House and Lot"
have complained that the piers constructed and pro-
posed to be constructed by c. Vanderbilt, adjoining
pier No. North river, are an encroachmcnt on the
Battery. and a violation OF the covenant given by
the corporation to the purchasers of the Government
Lot
1t appears by deed on file in this department,
that fOr and in consideration OF the sum OF fifty
thousand dollars under an act OF the 18th OF May,
Ssl2, Archibald Mlutyre then Comptroller OF the
nste onveyed to the corporation Of this city
A. that lot Of grouni situated ia the First
lard, coumsny kno by the Mans of the Goyernmsot
aouse and bounded by the public land adjoining the
So.g Green 10 front in the rear by the uated States
lIseos wsstHl By state stret and esstery by White
as street l4s feat -. icchs, and VIII ehal street
100 nat inches. snbsc, lease Of tbs said a,ssrn
m.ut House 70 De Witt cp,on and others, which does
not On tie FEE day lay ct june 5 the Mayor Alder
men and CommOnalty OF the city OF New YORK.
conveyed these lots to John Hone and others. with
the following covenant ON the part OF the corpora
ticn:-
And the aid parties o. the 6rt part for themselves
aud hc< SUCCESSORS. hereby further covenant grant
ad sre ard uih the said party Of the second part
his heirs assigns tn rhe vacant grounds belonging
ts the ad rs,e Of the drs. part in the ydcinty OF the
premises hereby spted and commonly called the bat
fery and The Bowling Greea shall nsver be Appropriated
BY 10 sad parties Of me first part OF their SUCCESSORS
The seven lots fronting the Bowling Green were
sOd TO seven persons for private dwellings, at prices
ranging from $l6 500 TO $500 the total for the
seven lots being $1s 100. For the corner lot next to
the Battery. Noah Brolon paid SIC 500, whilst the
corner lot on Whitehall street was bid of by John
Hone at SO $50 1t is thus seen that the covenant
10 preserve the Battery grounds forever free from
private uses induced the payment OF $685. FOR that
corner than was given for the lot on the oppo
Bite corner.
Are we not in good faith bound to keep the cove
nant thus made by our predecessors nearly forty
wears since? Would it be consistent with this cove
nant to permit Mr. Vanderbilt to erect a private
dwelling on the Bowling Green
In the grant to the corporation by Gov. Dongan.
in 1856, Of all the vacant and unpatented lands on
Manhattan Island Fort James was saved ito his
most sacred Majesty" his heirs, successors, and as
signs also q tenement near the City Hall. and one
messusge by the forts in the possession OF Thomas
Coker-the piece OF ground by the gate called the
Governors Garden and the land without the gate,
sailed the Kings Farm, with the swamp next to the
same land by the fresh water.
In the change Of the form OF government conse-
uuent upon the revolution OF l776, the fort became
the property of the people Of this state and IN l.3o
on act was passed by the legislature releasing the for
nd battery to the city, and declaring that
The same hereby vested ia the Mayor, Aldermen
nd Commonslty Of the city of New York to remsn fo
e On, pose Of erecting public buildings and wo.ks of de-
NICE thereon but without any Joser TO dispose thereof
Srsoy otber uss or purpose shatsoever, a1o witao0
nv power Of selling scy oart tserrof
In 1921 it became desirable to enlarge the battery
I'D although the Corporation had the release from
enc State Of the fort and battery under tho act o
1880 yet, as the Montgomere grant of four hundred
feet beyond low water mark did not include the
water front of the fort and battery it became neces
bay to apply to the Legislature for such water grant
which was made by the following act
Act provdc for the expense q ex lending the Battery
in the city Of Ns~ York and for other purpoesPAsse'
March u, 1921.
be 1t enacted 30 That IT. shall be lawful Tor the Mayor
Aldssmsu and Commonslty OF the city Of Me- York
extend that Part OF .hs city usually called the Battery
into tbs hay and North and East rivers such distance