The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-08

between the Corporation and Henry Conklin for the
enlargement of the Battery is ~ follows
II 10 further agreed between the said par ties that
nothing herein contained shall Affect impair the
Of the parties Of hs first part TO giant any application
wharf psr ferry privileges at tbs north westerly
Of the present Battery or the said enlargement
fu power TO make any snch giant being hereby expressly
| reserved BY the parties OF the first part
The conveyance Of pier No. l North river to Mr..
| Vanderbilt l. as follows-
This lndepture made the 18th day OF July ia the year
Of Lord thousand eight hundred nd forty eight
| between the Mayor Aldermen, and C,mmonslty of the
city a. New York OF the first part and Cornelius Wander
hit OF .io eity OF the second part wnessets that the
ad parties OF the first for and in colsd Of
forty th,ussnd dollars to them 10 hand paid BY the said
party Of the second part ths receipt whereof hereby
scknowledFtd, have bal gained Sold Ieni>-d released
anc quit chin ed unto the said party Of the second part
all that certain pier in the city OF NeT York situated at
the foot Of Battery place kno Aad dis pier
No the Hudson river. in part the cy
o the said party OF the second part toge her with the
Of the buEhead a5iniog said pier and located Eesn
Wssbrs ton street West street. and the right OF
rhsfsge thereon. Provided bouever that if at any time
hereafter the said bukbead shs be required for publ,
purposes then and from thenceforth all RICH. aad tis
Of the said PARTY Of II second part in and 70 the
right interest in tae acquired under ard
virtue oil this irdeIture shall AMI De determined
and the sha revert to the said parties Il rat
part fully though this conveyance mad not oesn
made And the said parties Of the FIRST part have
ed AID hes and hereby do unto themselves
their SUCCESSORS and assigns full privilege aud right At
tune hereafter when they shall deem II necessary
aid the eo shall and may be empose,e by any
OF the legislature Of the people Of The State OF Nov
York existing which may hereafter be passed TO
and upon the said pulkhead aud build I'd
carry the oulkbeads either side of said pior ad
joining 70 the point distance in the sad
Hudson river that thereby ths aad pier
may become p psrt or Almost wholly enclosed I'd the
value and usefunes thereof thereby diminished and
the said party Of the second part shall b. entitled 20
compensation reward for SUCH such csmNgs
injury.
The facts here presented show, beyond doubt or
controversy that the pier block which the agents
OF Mr.. Vanderbilt have prepared and are ready to
ill and sink, is gross and papable encroachment on
the real estate and property of the city, and to toer
ate this encroa ,hment by those whose duty it is to
expose and resist it, would violate the pledged faith
Of the city to individuals, and bring the corporate
authorities in direct conflict with the legislative act
of 1921.
The following resolution was adopted by She Com
mon Council in May last -
Resolved. That permission be and the Is hereby
given 70 G. Wander bit ESQ.,, to widen the small pier
SO a. to make the same forty feet Vide and that It DO
tended parallel with pier No l. to the exterior line at
distance Of one HUNDRED and fifty feet from hs said pier,
under the direction Of the Street Commissioner.
This resolution was probably adopted without
full knowledge of the facts here presented, and Of
the rights Of the city in reference to pier No l. as
himself 1t is respectfully submitted that it will be
very embarrassing for the finance department to
sst encroachmens on the real estate OF the corpora
ton in cases where resolutions exist sanctoning those
hension Of the facts and in violation Of the laws Of
the State and the previous Of the copo
ration itself.
map Of the Battery has been prepared by d.
Ewing, Esd at the request Of the Comptroller, on
scale OF fifty feet to the inch, showing By distinct
fnes:-
l. The original bounds Of the fort
2. High water wark in 1723.
9. The liss of the Battery In 1867.
The line of the Battery previous TO the .e. Of 1871
the Law of 1921 and the tax o. $50, 900.
The line Of dling under contract for the present
!. The exterior line to which the corporation is au-
ho,ized to extend the Battery BY the Legislative act Of
Mr.. Ewing has furnished an estimate of the area
of the Battery at different periods, and the area of
its several parts. This statement is annexed, and
marked No. 2 -
The Battery, previous to thu enlargement, by the
expenditure Of $50 900, under the act Of 1921
sisted Of seven acres The area of the present Bat
terry, including the Castle to the edge Of the wharf,
is little more than twelve acres; area of water
filling up south Of the Castle nearly nine acres, and
two acres north. The whole area of the Battery,
when filed out to the lines now staked out, and
marked "riprap wall will be twenty -four acres
There is outside Of this line in the watergran from
the State under the Jaw Of 1921 Of more than
thirteen The area, including the Battery and
water grant Of the State to extent Of 600 feet is
equal to 81 acres, roods and 81 poles, fraction
less than 80 acres.
The grant from the Legislature by the act Of 1921,
covers an area Of twentysix acres. This grant was
oyen vii bout any pecnniary consideration from Ills
CITY the purpose of beneftting this great comm
nifty and on the express condition that the Mayor.
Aldermen and Commonaty, and their successors
forever should hold it for the purpose of extending
the said Battery for public walk and for erecting
public buildings and works OF defence thereon but
without any power to dispose Of the same for any
other use or purpose whatsoever, and without any
power ofselling it, or any part thereof" The grant
of the Battery ia l790-was on the same terms
The pier proposed to be given to Mr. Vanderbilt,
without any consideration whatever, will occupy an
extent into the Hudson river Of about three hundred
and fifty feet Of the six hundred feet granted by the
act of 1871, with the prohibition above quoted: The
grant to Vanderbilt, if given and acquiesced in by
e city authorities, will justly forfeit the State grant
of twentysx acres by this palpabe violation Of the
conditions of the grant in the act of 1921.
Viewing the matter in this light and as an import
ant public question: in which the honor and good
faith and interest Of the city concerned, have
procured the map before described to be made, and
have collected from authentic sources all the facts
within my reach bearing on the question and now
report them to the Common Council, under the ordi-
nance of 1874, trusting that review OF the
whole case the legislative department will come to
the conclusion that Mr.. Vanderbilt has no claim to
the pier proposed to be given to him. Whatever
can be done legally by the finance department,
under the ordinance of lS44. in defending the real
estate of the corporation will be done TO prevent
this encroacbment on the Battery
(Sgned.) A. C. FLAGG.
Our Syracuse Correspondence.