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


sures lie taken to get his property ot OF the hands
Ct the Church corporation, aud it, the posses N
Of the state trcasur5, 30 that It may be applied
where it, millions may be Of substantial Use 60 the
public. Many literary. charitable and scientific
institution might be advanced in their benehce1t,
horest and honorable purposes by this fund. pro-
IeIty literally distributed. No one denominati m
OF religion should be allowed such vast predomi.
nance on such illegal and unf0uuded pretence5 OF
right
This wrong is getting to be notorious, and tends
to the destruction OF the religion of the SOUL and
sui s,tuiion Of the religion Of impo,ture.
But the point Of chief concern with you upon this
subject is, whether you shall have your own proper
ty, and the privilege Of trying, according to law,
your rights. Unfortunately, the officers you have
placed in power, in relation to this property, cons
der the dignity offhe State AZ paramount to its own
rights o. property; and instead OF an honorable
activity TO secure the peoples own rights by CO
operating with others against corporation who
eel power and forget right, our eminently distn
gnishcd Board Of Lard Commissioners seem to lelve
'te rights OF the people and the rights Of others to
TIE tel der mercies OF the church. as IL 1t were m-
possible that such religious corporation could err
n law and justice any than in Gospel But there
S in the people safety from every wrong. Out Of
ionr to five hundred different irreooncilabie sec
tarianms Of Christianity, the good sound sense Of
the citizens OF this State who pioneer the Union in
It's c"uise Of Intelligence and power, will not suffer
any ism Of any party to sacrifice their rights to the
hoIlcw prctcnce II "royal dignity as paramount
to right and justice in our republic.
OF the Inconsistency with our State constitution
Of this royal Plea to the Jurisdiction of the Court Ia
the form Of demurrer BY the Attorney General, we
have the means 0f perfect demonstration, which We
will produce hereafter.
But we must now enable you to understand how
the rights claim against the church a. tenants in
possession, and against you as their landlord come
to be connected with your rights az landlord to
claim the surrender of your Dutch West India Com
pnny's farm from your tenant. the corporation Of
Trinity church. And thus it il, in briei terms-
by the treaty Of 1864 commonly called the arti-
cles Of capitnlation between the conquered Dutch
ard the English crown of that date. the crown o.
eland stipulated and agreed to secure to all itch
subjects their rights Of property forever. And ac-
cordingly the English General Nic,ls, acting as
Co.crrcr Of the conquered province, executed acts
Of confirmation to the heirs Of JAMS aud Bogardus
our ancestors securing to them forever their two
tracts OF land, known and described therein as the
Don nic's Bowery ard the Dominie's Hook These
adjoining tracts were bounded southcrly on the
Palisades, then standing upon the north line OF the
I,utch West India Company farm, midway between
Warren ard Chambers streets, extending as aiore
said rom Broadway to Hudson river; northery
upon tho line where now is Christopher street; We
teily upon Hudson river, between the Palisades,
there tcrri ating. and tie western termination q
sand Christopher stree then caSterly from the east
end OF Christopher street. by an irregular and waving
line to.Duane street. where this, comlag from Broad
way, enters what is now West Broadway; then
rcitherl, upon the north line OF Qua street, from
West Broadway to Broadway; then easterly upo,
Broadway from Duane street u the nOfCn line vi
tie Dutch West India Companys farm.
The two distinct at. OF continuation made by
General Nil hollis. the English Governor OF the
province, are how on record in the Office OF the
Secretary OF State.
And in furthe.ancc of this stipulation for the Sc
c,rty Of these heirs Of jams and Dogardus, then re-
ccgnized by said acts o, confirmation as being in
TIC actual possession Of these two tracts, Governor
Andres tie first Governor appointed by the crown
eft.r Nichols, under special written Instruction
still remaining and redy to he produced to TX ntohis
actual possession these two tracts, the heirs having
betn since the time OF Nichols driven by persecu-
II rs q The English and Yankees from the island o.
New York to northern counties Of the province
And this Governor leased the two tracts, together
wi h yorr Dutch Wet India Company's farm, u
Diedri, Seckners IL 1877. tor twenty years from
th,t date by the general description OF the Kings
Fam. incl ding the two tracts OF Dominies Bowe-
ry lid d, mne's Hook with your Dutch West Ind,
COM any S farm, by the description and name 0s
Kings Farm, this name being given publicly to the
WHOLE II protection to the heirs.
After he termination OF that lease in 1897, the
night 0 Possession in all the premises comprising
these .tlnee parcels ,a.oTeiad, reverted Gas it !
-aid in law of lease property after the
,a &. the crown from 1897 to i7os hsla
it, owl Dutch West India Cor panys farm to its owl
u>e, end led orr two tracts OF Dominic . B"we-
y ana ID mir;e's Hook only Ivy right OF po--
tsson, trustees for tie heirs Of JAMS and Bugir
dus; ard ~ the Q tenrrCs the crowu OF England
c,craitr ltld the same in fact and in law. down to
he tr,ety Of 1873, when by force OF that treaty
he old Wet India Company s farm was transferred
the re, pie of the State. al absolute property
fee ,inlo; AT the two tracts of Dominic.
Bowcry al d Dominies Hook were transferred IL
The people o, the State OF New York, TO have and
10 hold Il the crown had held these tracts
at the iaticutop Of raid treaty OF l73-that IS In
m; for tho heirs of jans and Bogird H.
thus, thtn il happens, you, the people OF the
State Of New l'ik. having assumed all the ob!iga
tots 81 the trCwn incident to the crown possei-
.l..1l
possession Of thee Icing transferred TO you by that
treaty you stand boprd IL the heirs OF Jams and Bio
eaidrs, the crown stood bound IN law aud equity
&c these heir at the signing thci eof Aud the 81
iten.e Court Of Tie United States will surely thu
determine il you question your said obligations
der that treaty; tor, as the crown oi Englad wa
clearly bound in Jaw and equity to restore those tive
lgets G. the heirs, and for this purpose was also
to.Id q demurd oi tie Church Cooperation 10 sui
.ierdcr them 10 the crown 40 you are brund, a
husiee, to make the same demand whether you
demand tie surrender OF your owa pre-
'cTty 81 not; and you are bound by tine
treaty to require OF this corporatinG whca yon
"a IneIG tie surrender o. your Dutch West indi
Compan,s farm, that thi- corporation snrreideralo
tcsc tvo tIast 50 that yo may re.tre them to the
icirs the crown was oblieed TO do, as their tr-
tie. And you oaDLot de card tue surrender of yoar
OWL ortiun tho Kings Farm, leased to the Church
corpf ration e3d leave ours in possession OF the
church consistently with the obligations you a
sun ell sy that tienty Of 1873.
EeI,e We have joined you in our complaint with
u al corporation, now IN the actual pose sion o.
Q. YOU property AID Of our property, held by you
il tsus, IN place OF The crown by force aid e,et IL
lew ard equity OF the treaty OF peace and indepea
GentC OF IT'S.
Ycn have TO legal or equitable right to set
up plea Of the dignity OF tue State
III order TO evade the Obligations of trust viii Il
the hta;y Of lT,5 cast rpon yoi, and which yon
Voluntarily as med thereby. You cannot by any
mems defeat those oolisa mons =. equitable trust
Eu. we entertain no anDreheneiln til 4 tie people
Of the State o. New YORK Will ever lss.rme to do
SO Tie People will disdain t. sct Up the prerngt-
Tive dignity OF the crown which that crown dis.
rTaced by denying 10 its subjects all the rights Of
iisemon; and you will d.sda,n to carry out under
that ROYAL lrcrogatve, the like denids OF justice
aeoirs tie rights OF your ielow-citzens. You
would rot on'y defeat their rights bJ 50 doag, bit
W Own also.
Yorr interest in searching out this urjust and IN
III ste'ui spoliation %. yoar property, with fuii
knowledge at tie time IL was yours, pats y,l H.
the ssnc condition OF wrong and iajnfy that we
suffer 1T the bands of this tody corporate, 80 emf
rerty favored by your Legislature ever sine on
iconctdcroe. Ne ask your cooperation with ~
Ieseyer!ney to redress our consim'lar and u,lu II