The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-15

TIKI HEIRS or JAMS AND BoaARpus.
You have seen our communication to the people Of the
Ished in the HERALD Of August 90 shows clear right
OF ecovery by you Of your property worth feom fifteen
twenty millions OF dollars, in possession OF the Trim
ty Church Corporation OF this city All Of you who are
lovers OF justice, taxpayers and philanhropists who
wou have your public property applied to the peoples
use have an interest IN searching out the truth Of that
| communication II presents to your grasp immense
real estate of which that corporation
from the old colonial government merely tenant fer
few years and held it the term the by
ierance down 10 the treaty Of 1888 They pretend
ed 10 any other right or title to II in all that period But
after the separation by the treaty of independence this
church corporation pretended to set up title under let
tiers patent Of Queen Anne and under this preeuce this
corporation has thrown up a. shield, to protect 1t
against these heirs and the State the statute OF mita
ton ever since.
But that the real inertia aud the ,1kolthe peo
Pies rights of property in large part Ao9 lease
hold premises 80 held by the church have been dis
covered and developed as they truly exist and plain
y shown in recent published communication to your
selves and in complaint pending in the Supreme
Court this corporations not daring to rely their old
plea of limitation Of ime have induced the Attorney
General TO set the dignity OF the State bar against
this action because II joins the people OF the state
royal prerogative that II i against the dignity of the
State to be made party 70 such suit Two Of the Judges
who tried the validity Of this objection to suit have
But you the ultimate judges of this antirepubcan
doctrine not authorized by constitution nor enacted
by any law, but quite to the contrary The constitu-
ton expressly abrogaes in its thirteenth article adopt
ing the common law Of England the future Of the
tate ali that part OF which Is repugnant the
stuon Of the State" You IT TO yourselves to I'M
derstand this strange and prohibited adoption Of the
crown law of England and what ia still more strange s
application to this whereby you the people, might
have recovered in this very action all your share of the
leasehod premises to the amount of fifteen twenty
millions Of dollars your Attorney General had not set
up this extraordinary opposition.
The property in question in possession Of the Tri.
nifty church. as still is, or the proceeds thereof The
State is now and has been since the treaty of 1888
Of Of the three parcels which comprise the
whole property In l7o2 the Crown Of England being in
possession Of the whole viz, Of parcel its
property and In possession trustee Of the other two
parcels the property Of the heirs for whose benefit
the crown had taken these into its possession for safe
keeping leased to the church corporation all these three
parcels BY the name and description of the Kings farm
ana certain other parcels meaning those Of the heirs for
Governor, which expired in December l7os; and the
church continued its possession by holding under
permission Of the Crown from year to year. subject al
quit And this possession under this written lease the
church corporation held continuously down to the treaty
Then by force of this treaty the people Of the State
Of New York became the landlord in place of the Crown
by force Of the treaty the Of the Crown in
respect to the two parcels of the heirs vested
in you the people of the State it had been in the
crown. Now, we, in AZ action against the corporation
alone could not have shown and established right 10
our two parcels unless we had shown your possession
and lease Of the three parcels your ours together
in one and the same lease and called on you as our
trustee to restore ours to u.s. which you had assumed by
the treaty Of 1888 that you would do, in place Of the
Crown; and to effect this you had to do than to
have your consent recorded in court accordingly and
this your Attorney General bound to understand
and to perform
Our action was not Instituted against you TO recover
property out OF your possession but bring you as
party before the court so that you might cooperate
with against that corporation showing II In pos.
session Of your property to large amount well
merely your tenant at will and giving you OPP
portunty, by merely fling cross bill against that
action by which should ours against o corpo-
no To he Gafa Int
plain and obvious means furnished Of recovering the
peoples own property from the church and of urhering
the cause OF justice bRaidng In recovering 1t
Is question OF more grave importance to you whether
your Attorney General could justify his Abandonment Of
premises by emitting the obvious mean Of securing It.
viz the filing Of bill against the church. Look
well 10 this.
But consequent upon this derelction of your rights
majority of the court gave its decision against
right of action and for the time have excluded you from
the recovery o. your rights 70 large property. We
now call upon You to take such of inquiry
and direction al your next session Of the legislature
win to you your rghtiu interest and carry
that justice to US which, BY peryerson Of all rules
OF right has been shameiuly wrested, and so long
Withheld from Us. Direct your Acknowledgement to
ul trial To DC had your rights, and Of ours, In this
action. We ask no more.
The defence OF length of possession viii not avail the
church against you because the relation OF
landlord and tenant subsiss between you aud them
down 10 this hour You landlord Of that corporation
in respect to all three parcels of this immense property
and that corporation Is and ever has been your te
nant since the treaty o lS3 subject to eecnen
at will notice 70 quit ii had been of the 81
England before and al the ratification Of that treaty
And the statute Of limitations expressly provides that
long this relation sub lists under such a lease,
statute Of limitations he set in defence against the
claim Of such landlord And moreover l. unquestion-
ably clear In law that the statute Of limitation where
by the state has declared the people will commence
actions for recovery Of land not in their possession
within a certain time previously will not preclude the
state from fling its bill in this action Of ours and
setting up therein its claim TO its rights Of property
in possession Of the church corporation.
But this corporation In its extremity may assume to
set right and title under pretended grant u Queen
against this pretence, that such grant
made by her or by her authorization. But the
instrument relied upon by the church as such
grant was an unauthorized and unlawful act OF
Governor Colnbury, which she rcpudated and
denied known to her three years after its
communication Of the 31st july in the Herald Of 30h
August that Lord Cornfury had power TO make any
such grant but bis pretended letters patent 10 this in
tent utterly void and OF effect nj the time he
made them as L never made at all
You have property Of many million within your
grasp but more than all this have an interest 10
the mninto Of right and in the prompt adninsira
iion Of justice which extends beyond Yourselvcs to
your posteriiy. and beyond your State 10 the Union
a. is and shall be the state Of New York will be the
other states Of the Union in commercial and political
integrity.
Fellowcitizcns sufferers BY the fraud herein
described to the number Of two 70 three hundred and
we exhort you 10 raise to office of honor,
trust power, who viii not pledge himself to maintain
tie peoples tights OF property against this monstrous
pora' on CORPORATION absorbing the power Of the
state. surely such should have existence In
republic
T. n