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


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HE Argument OF Peter Y. Cutler, Esq, I'm
Behalf OF Hon. II. n. Tillou, Henry Erbcn,
.s.s:.. a N the aosr or HiS.rn S or the city
OF New York, delivered March 1, 1854, In the
Matter ofExtending Albany street 70 Broad
way, through Trinity Churchyaru.
Nh. CHAIRMAN AND GENTLEMEN OF THE COM
MTrrEE-The question upon which you are ueiiDe-
rating ia Of such magnitude that ~ reneves me ilo
the apology should otherwise ieei 70 NC your uue
for taking up any more Of your time, IN an attempt
10 sneak upon topic already Illustrated ny the elo-
uuence of my learned associate. But do not pro-
pose to repeat anything which has been so well said
Won must pardon me for directing your attention
1br moment at the outset OF my remarks, to an
expression OF the learned counsel OF Mr.. Boorman.
He rendered me happy compliment, for which
should have felt Ii the grateful if were quite
sure that it was designed 10 secure me a more IA
vorable consideration from your committee. In adj
pition to the compliment, he pleased to allude
10 my remark, that appeared for those who had a
higher interest in opposing the opening Of this
street than that represented by mere property; and
shen he said that he did not know what that higher
interest was but supposed il to be somewhat akin
10 the higher law"
Let us for moment, then, examine the question,
whether there be any higher interest than that Of
property? Is the learned counsel furnishing us with
sound principle of legislation, exalted rule Of
patriotic action when he thus ignores the existence
Of any higher interest than that of mere money
producing property? had always supposed that
The rights Of person were Of more appreciation in
The light OF the law, OF reason and of patriotism,
than the mere fright of property" The right OF
personal liberty THE right to the free enjoyment
Of life while we liveand certainly no less the right
10 the narrow house to which the hands Of affection
eonsign us when we die, involve higher interest"
than that of property If it be not So then was
revolution vain expenditure OF blood and OF trea-
sure. Our forefathers fought for liberty-that re-
Hgious liberty which they were denied in the old
world, and which they sought in the forests Of the
new liberty of conscience, liberty ofspeech freedom
Of the press and the right to enjoy their own domes
tic hearthstones free from molestation: and these
liberties they fondly believed they had secured.
They sought in word, that freedom from oppres-
sion and those liberties which secured them the
m0lested enjoyment of the inalienabe rights of man
=" life, liberty and the pursuit of happiness" these
the liberties which fOrefathers sought, and
for these liberties, and to preserve them an in
valuable treasure for their posterity the battles of
the Revolution were fought And shall it be said,
n these degenerate times, that there is no higher
interest than that of property"
confess, Mr.. Chairman, that / believe that they
who cherish the memory and desire to preserve the
remains of the men who fought for the triumph Of
liberty over despotism, and who venerate whatever
may be regarded as memento of that triumph,
have q higher interest than that of property in
this question. II, however, the preservation of pro-
perry be the highest interest which we acknow-
ledge, let it be publicly proclaimed that in the
greatest republic OF modern times, personal liber-
" is discarded-that we have Venetian oligar-
chy; and that the idea Of property is alone
regarded. And let it be proclaimed too, that, to de-
termine the precise value of our patriots and the
4uantum OF veneration due to their memory, we en-
ploy learned men to make such chemical analysis
q their remains the argument here would necessa
y suggest and that we measure out our gratitude in
precise mathematical ratio to the quantum of bones
which are found; and, when the horror stricken
audience shall sicken at the recital let some repub
kcan arise and attempt to prove that republics are
grateful; or rather let the proud minion of mon
archy proclaim the fact as new instance of the in
grattude-the alleged proverbial ingratitude OF re-
publics.
There is one other observation which desire to
make. The course this discussion has taken
forces it irresistibly upon my mind. There is,
Mr.. Chairman, wide, very wide, difference be-
tween solemn argument, and ridicule, witticism,
and sarcasm. Is rdicue argument? How much
logic is there in sneer? Everything holy may
be turned to ridicue. The nides of France, in the
eighteenth century, rdiculed the doctrines of the
Christian religion. Voltaire uttered the most biting
satire on the truths of the Bible; and yet his sneers
have not induced to turn infdes, have been
disposed to believe that they proved Bible false,
religion unfounded Believe me, sir, that the
holy sentiment of respect for the dead is too well
fol nded and too earnestly entertained by this COM
M nifty t. be eradicated by fippant jest. And
am glad to be able to you, that if the learned
counsel for Mr.. Boorman has INDUCED in any
pressions which could be construed by any one into
dsrespect for the memory of the departed or for the
feelings of their surviving friends he must have been
betrayed into them by his zeal for his client; for
can vouch for it that he himself entertains pro-
found reverence for the dead. Not to do So would
GUS impulses of his heart-false to all those noble
sentiments by which know he means to be guided.
Listen, for moment, to the voice of his departed
brother-a brother eminent at the bar, exalted upon
the bench and one whose everyday life was an IL
hstration of the truths of the Christian religions
and while read his sentiments, expressed in this
book believe me. sir, that read the sentiments of
the learned counsel hiIuelf-sentiments which he
would freely express in social life, and which nothing
but his position as counsel could lead him even to
seem to doubt. That brother said in the case of
Windt VS.. The German Reformed Church, q Sand
fords Chancery Reports 476:-
ut is painful and deeply abhorrent to the sensi-
blities of our nature to have the remains of be-
loved friends and relatives disturbed in their last
homes, and removed by rude and careless hands to "a
distant cemetery not hallowed by any of the asso-
Citations which encirce the consecrated ground where
we have deposited them, in sadness and in sorrow.
confess that have not become so much of a phi
lOsOpher as regard the bodies of deceased friends
as nothing more nor better than the clods of the
valley: and that my sympathies were strongly en-
ksted in behalf of these compainants .vindicating
the repose of the bones of their kindred"
These the noble sentiments to which every
heart in this assembly responds, and none more
daily, am sure, than that Of my learned opponent.
AS an advocate he may be earnest in the defence Of
his client; but, believe me, sir as man, for know
him well you cannot find one impelled by more &C.
nervous sentiments.
Perhaps nothing more need be said by me- by
way ofreply to what has dropped from the learned
counsel. He has made great many remarks foreign
TO the discussion before your committee TO which no
reply is demanded; such, for instance, as that me
OF the assistant rectors of Trinity Church, at the
commencement of the Revolutionary war, and only
three months and twenty-seven days after the De-
claration of Independence was opposed to Washing
ton The letter Of this assistant rector to which the
counsel referred, was written one month and seven
days after Trinity Church was burnt, and IL was
not rebuilt until after the close Of the war.
The church was burnt on the twentyirst of Sep
tember l776, and of course services were per-
formed there after that time by the Rev. Mr. Ings,
and II Ia N 10 N
manner have eXerted an influence over its affairs.
The learned counsel might az well now attempt TO
prove that Washington himself, only few months
before, was kingsman and zealously supported the
rrown-and from thence infer that he never com
manded the revolutionary forces. II the counsel,
in the course of his researches had looked into the
fourth volume ofhe Documentary History, Up. ,077)
he would have discovered that, at the earliest prac