The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-20

The Kings Fnrm-Trinlty Church Property
In the City or New York.
From the Albany Argus, Sept. 49,
Onr readers are advised that suit has been com
menced by tie State against the Trinity church corpora
ton OF the city OF New York TO the real estate
held BY It in that city, now Of immense value, known
under the authority Of the Commissioners of the Land OF
fee consisting Of the Lieutenant Governor, Speaker Of
the Assembly Secretary Of State Comptroller Treasurer,
Attorney General and state Engineer and Surveyor On
the 18th day June 1854 the memorial OF Rutger b.
Miller behalf Of himself and others setting forth that
they possession of evidence showing that the title
OF property called the Kings Farm vested in the
State and offering 20 guarantee the State against the
penses Of suit the Commissioners passed the following
Resolved That in the opinion Of this Board, the Attorney
should "a ss % test The s Of ibis STATE
ably to The statute such case made and Against an
70 ns @ be
menced the proper evideae showing the title Of he State to
GeneIa and provided also hat said shall settled
tunshng he evidence on which such recovery
resSysTed e provided BY s9s his State
resolution providing that the person persons fur
nishing the evidence upsn which recovery might be
had should be allowed twenty-five per cent Of the value
At meeting Of the Commissioners the I'd of March,
1855 after rectng that the Attorney General had sub
and that 1t was unsatisfactory resolution adopted
1864.
But the Commissioners at meeting held Juy11 1855,
rescnded the resolution of March 2 1885, and revived
those of June 10 and August 81, 1864.
Under the foregoing authority the Attorney General
proceeding. The Governor has appointed Alfred
Conklin, Of Auburn; Nicholas HILL of Albany; Charles
Tracy, of New York, and Morris s Miller, of Utica,
associate counsel with the Attorney General IN the prose-
cuon of the suit to the property in question
The question to the title of Trinity Church to this
property has often been raised but hitherto no very
rous attempts to spossess that corporation have been
made Whether there il any reasonable prospect of the
of the present experiment not sufficiently
familiar with the and the points Of law involved to
express opinion But to give the public information
concerning matter Just now attracting attention
publish in another column a statement which has been
prepared for this paper OF the grounds upon which the
prosecution relies for We do this without in
tending to express any opinion of concerning
the merits of the controversy to prejudice any inter-
est dependent upon its result.
BY the express order of william the Third the then
act passed the 18th Of May, 1699 declaring that
governor should lease for longer period than his
term OF office the Kings farm, (the premises in ques
TOM il being for the benefit and accommodation OF His
Majestys Governors and Commander in-Chef for the
time being"
This fat of the sovereign power like constitutional
provision in the State New York was rrevocabe by
any power less than the sovereign power which was
until the Revolution the King OF England and his council.
In conformity with this command of the King, and the
colonial act passed in pursuance of it, Gov Cornbury the
successor of Gov Fletcher leased the King farm afoTe
said to Trinity Church, May 0, 1902, during his
tinuance in Office at the annual rent of sixty bushe of
wheat.
On the 2ad Of November, 1905, Gov. Cornbury, in de-
fance of the at of King William aforesaid, conveyed
the Kings farm to Trinity Church forever in free and
common socage paying the yearly rent of three shngs
having first gone through the form with the Cooaai
Legislature OF repeating the colonial act aforesaid with
out the knowledge or consent of the King.
This j. the patent under which Trinity Church
claims to hold the King farm; but being granted against
the command of The King whose property was aud
who had withdrawn it by special command from the
general powers granted to his vicegeren the Governor
objection TO it, il annned by Queen Annes order in
council, dated 2eh Of June, 17Os, which specifically
ordered said patent to be obterated from the record
ard consigned to oblivion
1t therefore existed longer, and became nonentisy
on the Goth June, 110S.
That this was the opinion Of the church and its adj
visers is shown by the letter of the Rev. Mr. Vesey
rector OF Trinity church. TO COL Riggs, dated New York.
Dec. 1909 four years after the issuing of the void pa
tent afcre aid found in Broadheads Colonial
documents, 5 vols. page 465, &c.
me favor ese parcrs as IT, r.
the shop of London in mind adjust the affair of the farm,
uner leaves England that Il may be no new cause Of lis
pue between him and u.s. "a That the farm though now Of
considerable and that deserves the utmost efforts
How this letter of the Rev. Rector was received in
England. and what impression it made GOV. Hunter,
who shortly after its reception, left England and arrived
at New York. and assumed the duties Of Colonial Co
vernon win be learnt from the letter of Colonel Norris
Of the Governors Council we believe, to John Cham,
berayne, Esq, published In Col Doe VOL 8, page 800
take leaye to lay before an ascoun, Of The Governors
Se% YORK; and RSt from 0n my oWn inowse ana e me-
scSoun as can be proved on osh a there Is
church. bu, what have been eye witness On his
e h New Yo he nn M @ hem nr ny
his ae, Qhis in i7io9 Mr. yesey the mover ali
dress be made TO him from The vesry, praying him join
S S her My Grant 10 e er ep s aee ape a no
ignorant that The church preends right that farm by
BY act Of ssemb and that act confirmed by the Queen Col
% ha
endeavor % put out Of the Of his successor obge
them he, being conduct not 70 be used thai he had given
1t during his time, which was all lac could do
The grant FROM Col Fletcher lease dated 10th Of
August 1851, for years. at annual of sixty
bushels Of wheat: this lease anpulled by the express
command Of William the Third aud the Colonial act of
18th Nay 1882 before stated in consequence of which
the 9th May 1702 for and during his continuance in
Office at a rent of sixty bushels Of wheat year.
The claim therefore set up by Trinity Church in their
kings farm under grant from Gov. Fletcher a
mere pre,ence TO which driven by the Queens
der in Council annuing the patent Of I'D November,
1905, and produced other effect apparently than
induce Gov. Hunter, in the year 1Tl3, to file bill in
Chancery against Trinity Church, the only legal proceed
ing that could be had to the back rents the
leases from Gov Fletcher and Gov Cornbury above
forth.
nered Trinity Church, she having defence at law In
equity against her landlord claiming back rents from
tenant at suerance An opportunity was then present
ed for the church sustain her claim being owner Of
the Kings farm but she declined the contest and became
a suppliant to the Queen to avoid It..
In The winter Of 17l3 and IA Trinity Church presented
petition 10 Her Majesty, representing that the rents
the leases granted by Governors Fletcher rnbury
had been RENTED by them 10 the church, and that by
tie said Cbancery suit the letters patent for the said
farm rendered dutabe and therefore the church
humby mporeo Her Majesty TO give such directions
stopping the said prosecution she should think fitn
The Queen by an order in Council at the Court cf st.
James given the 14th April 1Tll directs the prosccu
ton to be stopped and no further proceedings to be had
in that suit until she should signify her further pleasure
The pauciy OF documentary evidence in support of the
claims Of Trinity Church striingy shown in the fact
that she now produces the above stay of proceed.
ings confirmation OF the extinct patent Of 23d No.
vemher 1905 ohcfated from the records six years be
lore the suit aforesaid commenced and the stay Of
proceedings granted
From this time until 1880, 81 and 49, il does not ap.
pear that Governor Hunter, any other Governor re.
cognized Trinity Church as having any other right than
that of tenant nj suiIerance Of the Kings farm which
Stocked upon The property Of the exclusively
and expressly reserved in the Montgomery and Dun.
gan charters Of that period which granted all other
patented land within the city limits TO the city of New
York.