The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-26

might also suggest the opening and extension OF AT
bany street to Trinity place and the wdeniny Of
Thames street between Broadway and Trinity place
by the removal OF those buildings Thames street
opposite the City Hotel; by which means Albany
street could be brought within the gorge of an inlet
TO Broadway, and the necessity of cutting Through
the chambers of the dead be entirely obyiated How.
ever as your committee are not empowered to report
in more than one case it is proper that they conne
themselves to their legitimate duty.
Your committee are OF the opinion that the PRAYER
OF the petitioners ought not to be granted: l. Be
cause il is manifest that large majority in amount
OF those who win be Interested by assessment for
benefit and award for injury are opposed to it. By.
ihe law 1882, 1t Is In substance declared that on
the application to the Supreme Court to confirm the
report OF commissioners OF estimate and assessment
being made, in case such majority shall appear and
obet to further proceedings, the proceedings shall
ne discontlnued-and your committee have no doubt
That the Common Council, in considering this appli
cation, are bound to be governed by the same rule;
for otherwise they would wilfuy subject parties to
certain though useless and unjust expense and in
jury.
q Because the contemplated street would be
deformed one of different widths, while Thames
street, widened as hereinbefore recommended will
expand gradually and by regular lines on both sides
to Greenwich street. where its width should be the
greatest as it will be, and would present an elegant
improvement.
5. Because the law of the 18th Of April 1921 in
effect declares the act by church or religious COR
pOraton or its officers, OF removing any human BODY
or remains from any buryng ground, for the inter-
ment OF which compensation shall have been receiv-
ed, with intent to convert the ground to any other
purpose without the consent in writing of three
fourths OF the congregation or society, o INSIDE
meanor and subjects the offender to fine and impri
s0nment. The spirit of these laws cannot be mis-
taken, and none will doubt who have examined the
subject, that it is in accordance with the feelings and
sentiments of the whole community and of the
whole nation; and the Common Council cannot give
their official sanction to act broadly violation
OF the statutes and of the rights and feelings OF the
community, because it would be aiding men to com
init, in the name of the public an act which the pu
lie have, by its laws, declared to be criminal. The
demoralzing effect of these dissertations is plainly
disclosed in the bold assertions made before yolr
committee during the discussion Of the subject by
those in favor of the proposed extension that the
feeling against the breaking up and approp,Iiitins
OF cemeteries TO secular purposes Is an obsolete
idea;" and your committee believe that comp-
ance with the application now under confederation
will upon the same principle Of reason, give firm
ratification to the revolving sentiment As conser
vators of the public morals the Common Council are
bound to refuse their sanction to such monstrous
doctrine.
4. Because the extension applied for is against
public policy; inasmuch as it would contract the
open space which Trinity Church-yard affords, now
not more sufficient for the necessary ventilation of
that part of the city, Besides that spot the Bowling
Green and the Battery are the only places of the
kind in the First ward. How necessary, then, to
the public health it is to preserve Trinity Church
yard entire, and how injurious to contract or dimn
sh it That ground is susceptible of high and exqui
site establishment as elegant ornament. Linked
with so many endearing associations, SO many in
teresting memorials, rich in its evergreens of me-
mory as well az of fact and reality, attached to the
magnificent Cathedral that stands within it, what
can be more healthful or beautiful.
Your committee consider that sound policy and
regard for the public health forbid that the proposed
opening should be made and that the ultimate
failure Of the several previous applications to former
Common Councils proves that the design of the
applicants is radically Objectionable. Your COM
mittee will close their report by recommending for
adoption the following resolution -
Resolved That II is nexpedient, improper and
to extend Albany street to Broadway through
Trinity Churchyard that any street whatever should
be opened through over that ground and that the
prayer of the Petitioners be, and is hereby denied
All of which is respectfully submitted.
CHARLES WEBB.
New York, 1s47. ISAAC b. SMITH.
! cannot adopt all the reasoning of the foregoing
report, but from the evidence presented to me that
the opening Of Thames street would afford the ne
cessary facilities to the public, concur in the
luton that it is inexpedient to open Albany street.
THOMAS MCELRATH. ! Cou.,,..
MOSES w. s. JACKSON. oo'"n''
Laws Of the State of New York. page 1872 chap 200.
Laws Of the State of New York. page 259 chap 2l5.