The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-30

New YORK, July 81, lsj5.
You have seen the communication published in
the NEW YORK HERALD, July 70 current, addressed
to his Fcnor Lieut.. Governor Raymond and others,
the Commissioners Of the Land Office OF the State
OF New o,k It Albany proposing TO these officers
to give certain specific directions to the Attorney
SeLeraI In respect to the action Of G. q. kiersted
and others against the People OF the State and the
Corporation, OF Trinity Church Of New York city,
as JOINT cefentants-an action instituted by Us and
Cd our behalf 70 recover oar rights OF property oat
Of the hands OF that corporation, which said c0rpo-
raticn holds, together with other large real estate in
tie Guy Of New York under lease still subsisting
from the crown Of England, the revcrsion OF all
which real estate passed by force OF the treaty Of
1888, to you, the people Of this State, and winch
you can ~ any time require the said Church Corpo-
ration to surrender, as part Of the lease.old pre-
misses described 10 the crowns lease TO sad Church
! in H.; and which the said Church Corporation
has held over ever since, as tenant at wil-nst
| der the crown, and now under this State.
| Why these honorable commandments did not com
iy with tic request made fUs anaY benefit ~ well
US ours. VIC are not cnabled - them to say. What
The elect OF their compliance world have beel to
Your advantage ~, however. elsy 10 be unerat nod
had they Withdrawn the demurrer OF the State
which denies The right of cit Ell to sue in court
OF law Tor his property IN possession II the State
however clean his right, and had ti,ed cross-bi
against the States code'endaut- the Corporation
! .. Trinity church, the first question before the
court would have loen whether you, the pc Pile Of
tire State, ere not the sole owners Of tract OF
land possess ed by the church, worth from fteea to
twenty millions Of dollars. But by persisting in
| the demurrer, those commissioners have precuded
the court from styna your right 10 this properly;
] and two Of the judges gave their opinion
| rpOn the argument oI this demurrer some months
| ago. that tie cou,t had no power to try the qucs
| tons OF property presented by the complaint be
cause citizen cannot sue The people Of the State
for property in their possession, however clear the
right q the plaintiff; but such claimant must petit
ten the Legislature oil the State Tor leave tn the
people OF the State, and this the Legislature may
| grant or deny as they please
| Now you are az competent tn Judge OF this qies-
ton of political right, which Is merely question OF
| politics, as any Others Of your fellow cit1ens In
deed it Is question o. which you as thu people have
tic ueIor determination under the coIistt tion Of
the State. But that you may clearly understand
this question you must be put in possession OF the
| real merits Of the case.
The facts which constitute the case presented by
\ the demurrer O! the Attorney General were these:-
Prior TO the conquest OF Manhattan, (New York;
by the British in 1864, tie Dutch government had
appropriated 10 its own use, Us Its own property,
ta,s Of land which they called the Dutch West India
| Company's Farm. 1t wa, bounded northeiiy Ola
! Inc extending iom Broadway, westward to the
hudson river, midway between the streets
| low known as Chambers anu Warren Streets
! soltbolly on an ancient passage way, extending
| from Broadway westward " Hudson river, called
Windmill laIe, now closed and built up, Dat lutte
| south Ci Maiden lane casterly Oh Broadway be-
tween this passage way and the north line ABOVE
| described, aud westward On the Hudson river.
| This tract known the Dutch West India Com
| panys Farm, acquired by the British crown by the
conquest of Manhattan in 1864, belonged ever after
wards TO the crown down to the treaty OF 1888, and
in 1896 il reserved FOR the military oil the
crown by The charter OF Governor Dongun to the
city If Now York, made N that year Tue Corp0-
eticn OF Irnity Chlch was hot then in existence,
and the late Chancellor Kent, under retainer oil the
city Of New York, gave, Ill his notes upon that
chatter his decided opinion that this reservation
was valid and in luli force doHn to the year 1885,
for tins .narte: was merged without any alteration,
tcys Chancellor Kent, N the succeeding charter W
.rs.. hH.,s Zach u1n ~.
MoitsoMcrie; aid III this chatter connI1ned by the
crown, the same reservation made OF the Datgn
West India Company Farm to the crown and
Chancellor Keft thereupon says that any dispoti-
ttD OF his act inconsistent with the military use
TO which 1t was reserved, wonld be nnawYu This
was his opinion in 1880. He knew then OF its ac-
tuai lnss cssion by tue Church Corporation AID OF
This corporations pretended dam under Il grant
nom Governor Corrbuiy, bgotted Episcopalan,
for political purposes, Tor he had not tie slightest
| regard foi religion, NJ all historians testify.
Inc church awaited tsel u thai political pretend
ed biEouy. aid u his liDuinous pecunaiy heces,i-
Ses, d obtained AS GRAFT OF your properly ,Jrrel
| Gus away from the s'ses 20 which t mad been
| ie'ened bJ .iuvernor Dongan .or the crowa, which
uses were never less conf ined above by Co
| veinor Mcntgonelie. Chance.lc. kent knew also
that the Only pieeiise o. right 10 tue possession ~
tic church, was b. the lease OF l1t2 Which Cover
Eor Ccrnbury lad granted fer as long lime ei me
law allowed rim TO make lease, viz the duration
o. lbs OVID term Q. Office This exi,ied III i7J>;
tie Church Corporation held it, pos: esson the
expired term, under permission CT the several sue
cCssiyC e. verncrs Of TIC Province down 10 the treaty
or 1883, subject to The determination OF that posses
SIGN, aud the obligation 81 surrender the premises to
Tic crown at aay time, rpon notice OF six moaths,
~ a"y Governor Of The Ptovince, requiring this sur
rtneer; aid always subordinate to ths reservation ot
i is ptne.ty to the crown and lis military uses
atcitsad
This was The precise extent OF tie RICH. 0! possess
Sou by that Church Corporation, 1T tic exchdng, OF
notifications o. the treaty Of lIoS.
rtI ig1 nj M, lr m. lrr-
~ IN 1875 was a mere hulli,y beg void as az inst
that reservation. twas not only unauthorized 5y
cen Anhc bit Is soo'i as IT was known to her tina;
nubury had ASSUMED q ms, such grant. she
lepndia ed the grant u this lord Ec.nbury with
high idigIatic q: tor sho and and hfr council kaew
he had power to aake i III defiance Of the reser-
Yatlon OF the premises to the military uses
OF the crown, made by Governor Don
gan with he approval OF Krs James,
AID all his successors 10 the throne o. En- land down
TO Ter reign. She iisa'iowed 1T. aud dec led /: oy
order in Royal Cuulr, held IN tie irtace ut West
minister in lilz 10 he uttes nett arr VOID aud d
effect whatever end .his apreais there Of record
to tins dey, as wei, as record at Albany And
Chstcellor Eeat II lsao, wj-h full i.nolge'ge oil
al these historical faet5 declared tie reservation
il. in force az makins OF the TIC ,,y VI q.
The crowI then had the perfect right Vi possession
the church was tier in actual possession as te.tit
of the crown, and sulect to nc tuI6od out of pos
session CT SIX monhs notice 10 quit ny any Cover
nor Of the Province. But wrt Is dc isee IS to the
p,eteaed title o. the church To the inds OF The heirs
il the established act tn, the hers conyeys ID
tcil rights VI pfopt ~ t. he aai the owa
had 10 power - take POSSESSION OF these tso@n,
end could H. tiar..oc ~ aiy set o. it, own even
NH - authorization ot Parliament, diYe-t ary
tights o. pro city legally hel. ~ subject, aud
| trr,i gier them IT, an Their.
Hi, rirht of the crown 10 eXpel that cnrporat -
trcnl tne rici res ~ propec notice trans ere
~ tie erty 81 lisa |, tho people OF Ne State o.
+. New Foi.. viii ell III, cro1us right iy cos,gue t
| to The ! ..~n West india Company layli.
IL, tic people OF this state suffered this corpora
| 'ion T. ren.a IN rossessicn. through deception "
| the church in is. The people nc teithe eSs, b.
oI,G. ion Of law, became tie l. ndlocd by cree o
the treaty Il lTS3; aud tho church corporation lie
/, cane iepsat to The people, ~ i. had uccr to the
crowo. holding over frun, Cur ~ YEAR ut the will o.
| III STATE, and subject Ia BE- oaqscd f-oa the nre
nises upon notice ~ Fix month, % quit. And this
n ,on oi landlord aid team. bet vecn the state
aud Tic cl.i.iIi, 10 poet - this tract ~ Tie Datcu
| West India ComJany's farm, has a,,sssed ever
! since, aud sill spb.ists; and the H,u, abb, t,c
Conuai $isness II the l.a:d Office &C nuc vel in.