The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-25
INTERESTING HISTORY OF CASTLE GARDEN
AND THE BATTERY.
Judge Honnan's Opinion In Fal.


SUPERIOR COURT SPECIAL TERM.
J. Phillips PhGniz on beAa1 of himself and others,
against The Commissioners Of Emigration, Henry A.
0tnklin, and the Mayor, Aldermen, dc, Of New
Fork -Msssrs. Cutting and Perry for plaintiff; the
Attorney General and Mr.. Deylin for the Commits
sioners Of Emigration; Mr.. Anderson for Henry h
Csnhhn; Mr.. r. ]. Dillon for the Mayor, &C., of New
York.
The 10 to be considered in two aspects: Fist In
relation to particular statutes and eonveyancss under
which the plaintiff insists that he and those similarly
situated with him, possess an absolute right, as
owners Of property, to have the intended use Of
Castle Garden prohibited Second in relation to the
general law governing the Court interfering with par
tes whose acts amount to nussnees or tend 70 such
consequence endangering property, health or comfort
l. An 70 the particular rights Of the plaintiffs as own
ers OF property in the vicinity .
1 The land upon which Castle Garden stands, as well
as4,e Battery as it at any period dedned did not
pass the Corporation Of New York under the Moat
soneI charter y the grant Of the four hundred sss
these premises. There was also reservation OF Fort
George "and the ground, full boundaries, and extent
The act Of the i6th Of March, $780, in tho ss,ood
eeetion gave to the corporation all the lands bsosxg
as we'll as all the lands within such limits claimed By
the corporation, except the lands referysd IN Tue ns
section The exception was the sns
Pearl street. which it here sufficient 70 indicate "a tne
Government Grounds The recital shows that tue
intention to convey Fort George and the Battery ad
jseent thereto The corporation was to hold the pre-
mises for the purpose OF erecting public buildings
and works Of defence thereon but without po to
dspose Of the same for any other purpose what
sceyer and without power OF selling any part tnsrs
In 1891, map was made by j. Goerck, City Surveyor,
which shows line Of the Battery as II then existed,
and it, indeed, continued until after ISL will DO
ucticed that its nearly straight with
the exceptun Of q bastion near the northerly end,
which projected irregusry 70 the westward Of the limo
and Of the bridge leading to it, outside, or to the
vsstv ard Of this line. This is shown upon the
nap in connestiOn with the outline o. survey mace ~
g. The grant by the corporation to the OF
the United States of the Of Novsm 1897, com.
prises two parcels of oblong described
by etes and bounds Of $40 feet and 800 It's wessr
and easterly Sides and 200 feet and Us feet on its
,Ss asdSo anu EXHIBITS this parcel distinctly.
A careful examination OF the map shows tnst por.
Aon Of this oblopg was outside that is TO the west yard
Of the limits OF the grant In the OF 1881 was
beyond the Bastion. But another portion OF such OBJ
hong was within the statutory grant, for 1t comprised the
the Limos are not run particularly there be doubt
that the Blsion passed under the statute. Tae Arst
portion, then Of this transfer TO the United states com
sed parcel Of land clearly belonging to the cor
lorate9 and another parcel the title to which is not
s5ear. The dimensions Of the whole parcel may be
tide to which is not traced, at about sc, 600.
But the next clause OF the conveyance OF 1897 grants
= Of ss
benade land, and gained ont OF the Hadson river Of
ssn.b sntV four degrees vest adjoining the other
parcel Of ground The length into the river Is left inde
Unite.
misses are held for the and purposes described
Those purposes expressed IN the recital VIZ -"For
constructing and erecting Of Notifications for the de-
fence of the port and ha1bor Of New York; The condi
ton expressed in the conveyance is that at any time
hereafter the premises should cease to be used for the
OF Notifications for other purposes in
which the public may be imm datey Interested then
ihe premises should revert to and invested in the
upon the same as Of their former estate.
4. The attention of the counsel was called TO the
statement in the Treatise upon the estate Of the Cep,
lad ceded the land under water to the United States
and searches were made to trace TINS cesson Dut
II was observed that as the corporation did not APP
pear TO have particle o. title to the land under water
imarined that the United states would have been
tent with that quit claim of an assumed interest
The following statutes however explain the history of
Nv an act Of the Goth Of March 1907 the Governor,
Lieutenant Governor, Chancellor and others. were ap
pointed Commissioners to declare the assent OF the
Legislature to the ceson of lands Staten and Long
ssnd the jurisdiction of the United States, Tor pur
Of e sa inc
appointed under the former act had their powers
extended TO lands in the city and county OF New York
and to lands covered with water in said city and county
Of ew York and to lands covered with water In said
city and county provided that the cessons to be made
safety Of the city Of New York. sess. laws 1905 CHI
SD BY the 4th section of this act, such commission.
empowered to grant TO the United States for
tho purpose of providing for the defence Of the city
the use Of any the lands and waters belonging to the
people Of the State in the said city and county Of New
York which lands shall be granted on the express con.
dton of their reverng to the people of this State in
case they are not applied to the purposes Aforesaid
also act for the extending 81 Bridge street TO the
II appears from the Revised Statutes Of $780, (vol !,
p that deed of cesson made by these commits.
at the foot of Hubert street. and Of portion Of the pre-
misses in question The deed OF cesson Is stated to
be in the Secretary o. .t oSs ara verv ,.rc,,
The point Of beginning Is the Same % in the release
from the corporation. The eastery line Is the same so
h the Of the northerly line but the depth into
the river Ia FIVE hundred instead Of two hundred fet
the length the westerly side is the same and ON the
southsriy the depth is 426 feet, instead Of 1875.
We thus see that from the same base line at the east
ward the line OF the cesson by the State ran 500 feet
into the rver-that Of the corporation 200 feet Toe
latter line to point upon the bridge, about one
third from its commencement
The ce.son by the State contained provisi that the
long as the two tracts should be respectively used and
applied to the of defence and safety to the city
ana port Of New York, and no longer.
An obscurty exists as to the ground OF ths claim OF
the corporation to ECO feet into the river The
State did not concur in 1t.
But suppospg the claim well founded, we have then
the United States holding rthe property under COS
zion OF the and Jurisdiction not the fee, from the
State for the westward three hundred feet and under
transfer from the city for the residue with clause
Of revertsr upon its disuse.
8. In this situation the act Of the 9th of march,
1871, was passed. The corporation WAS authorized
TO extend that part Of the city usually called
the Battery into the river six hundred feet,
and all the title Of the people Of the State in and to the
land and land under water In front Of and adjoining to
The said Battery for that distance vested In the
MAYOR and Commonaty tto remain for the purpose Of
extending such Battery public walk and for erect
ng public buildings and works Of defence thereon but
without any power to dispose OF the for any other
use or pur pose Whatsoever and without any power oil
seAng any part Of It," Under this act the rever
iouary right Of the State this land under water
which the castle stands and to most Of that which
che bridge ram passed to tho corporation the
tenure expressed. . . .
act of Congress, of March 80, 1922. The Presiden
Of the United States authorized to cause the work.
10 be dsmantled and disposed OF, and to reconvsy L
the corporation the tract Of land granted by them Th
operated upon the parcel first described In the convey
ce from the corporation and restored that body Il
tn rights 1t possessed 1907 The express oondtou