The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-09
Staten Island.
Correspondence of the Evening Pos1
MORE ABOUT THE SEAMAN AND BANKEn PLANKROAD
Staten Island.

Correspondence OF the Evening Post
MORE ABOUT THE SEAMAN AND BANKEn PLANKRO AID
NEUTRALITY-SUSPICIOUS. FROM THE OTHER SIDE.
STATEN ISLAND, sept. l. 1855.
Your Rossvle correspondent has not stated correctly
the controversy between Edward Banker and
Henry l. Seaman. II has created no little excitement in
their immediate neghborhood and among their numer-
friends in the CITY, and having been made the subject
of newspaper comment justice to the parties requires that
a correct statement Of the matter should be given.
In December 1850 the Port Richmond and Fresh Kills
Plankroad Company organized under general law
of the State The route Of the road laid out by the
tiny p enwun and ing s
farm of the Hon. Obadiah Bovine the property of
Edward Banker At the request Of the projectors of the
road and to facilitate its construction Seaman consented
to convey to the company strip OF land fifty feet in
width and running the entire length of the farm, and
containing an area six acres of land II was given
the company for plankroad and for other purpose,
and nothing paid by accompany for it, although
il was valued and is now worth 81 100.
The road proved failure and a losing concern to the
sockholders by special law passed in February, 1851
the company was authorized TO abandon the whole or
any part Of the road Under this special law and not
under the general law passed subsequently, the company
did abandon part Of their road, including the part
which passed the land in controversy by resola
ton OF the directors Seaman was authorized to close
the latter part it," and the President authorized
TO give TO seaman n quit clam Oh any Ight h,ie OF m
erest which the company had derived to the and in
question.
The farm of Banker adoins seaman's the vest and
the strip Of land in dispute the entire length of the
farm of Panher distance of very nearly one mile After
the road abandoned and the plank removed Seaman
proposed to Banker to give to him. his heirs and
signs forever the ee and right Of way the land
for sum named or to leave it disinteresied per-
to determine what Banker should pay for it, Banker
rejected these propositions, and contends that the law
authorizing the company to abandon the road made a
public highway of the part abandoned Seaman had pos
session Of the land had closed the road authorized by
the resolutions of the board of directors and had recon-
structed il n, his cost, and except Banker
had ever questioned his right to do
II is well settled principle OF law that when land
is conveyed for special purpose and is abandeped
the purpose intended falls through it reverfs to
the party conveying it. Acting under the advice of
counsel Seaman understood this and with the quit
any going upon the land without permission
espasscr As your correspondent says, Tho had for
hidden Banker 10 come the road but the warning
unheeded. Seaman found him there, with his
rage upon IT, and in hostile and menacing position
and while in the of cutting down the fence Of Seaman
and forcing open gate on the roadside the latter did as
your correspondent states him by force and with
yoke of did draw his carriage off to the adjoining
public highway
The law provides mode by which every can OBJ
tain his rights but it does not authorize the OF force
to obtain them And in q law abiding community, the
who takes the law into his hands, and resorts
to force to establish title TO property in dispute when
he has peaceful legal remedy evidently places himself
in the wrong and deserves the condemnation Of all
rect thinking men.
But while the of the land does authorize acts
Of aggression to obtain possession Of property in dispute
IL does and so does the hgher law authorize to
make OF force necessary in defence OF their homes
aud IL "a mans house is his castle he has legal and
natural right to defend it, And ii possession Is nine
points Of the law no ''tenth" man be allowed to
in and take possession of disputed property The
community in which live Is not yet prepared for the
reign Of lynch law"
II the law under which the road was abandoned will
bear the construction given to It by Mr. Banker 1t
be crorcco II impairs the obligation of contracts,
and the Legislature have not the power to take the
perry of any without his consent the payment of
its value. WEsrFlElD.