The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-08

The BRICK CHURCH PRorsRrx-How THE NAT
TER SrAsDs.-The sale of the plot Of ground
at the head of Beekman street, belonging to
the Brick Church, has been frequently the sub
ject Of remark in the public prints. The Mayor
hos, in his message, called the. attention OF the
Common Council to the mater, 'snd we have
taken the trouble to examine the facts in the
case.
In February, 1866, the Corporation, for
valuable consideration, granted to the late
Rev. DR.. John Rodgers and his associates this
plot of ground, and to their heirs and assigns
forever, to their only proper use and hehoof
forever, but "under the conditions thereinaf-
ter particularly mentioned" The conditions
expressed in the subsequent portions are tie
payment Of the annual ground rent, and that
the grantees shall, "witbin ten years from tie
date of the grant, enclose the said tract OF
land within good and sufficient fence, snd
either erect on edifce or church thereon, or On
part thereof for the worship of Almighty
God, or use the same or part thereof for
cemetery or church yard for the buria! or in
terment Of the dead, and shall not appropriate,
apply or convert the same at any time forever
thereafter to private secular uses" The
grantees, within the ten years not only built
q church on the premises, but also app-opTi-
ated part of the premises as a cemetery for tie
purpose of interments. The grantees having
completed the house of worship, were happy
and prosperous in it's enjoyment, when the Re
evolutionary war broke out, and the English
officers demolished the whole interior Of the
beautiful place of worship, and converted it
into barracks for their troops.
When peace was restored, the church. at great
expense, was reftted for Divine service, and
shortly after the Corporation, probably in
view Of the great losses the congregation lad
experienced, reduced the annual rent to the pre-
sent sum Of $50 II. The sold Brick" as il Is
called, continued under the charge Of the ven
cradle DR.. Rodgers from 1866 to 1911, when re
died. He was succeeded by the Rev Dr..
Spring, its present pastor. Almost century
has passed since the grant was made. Al that
time the site was on the outer verge Of popala-
ton, and the land not very valuable; and since
the beginning Of the present century lots on
Broadway, south of Canal street, we are told,
could be bought for mere trife. Within q
few years great changes have taken place, and
this congregation has not been exempt from
them. Most Of the families have removed to
the upper part of the city, and the congrege-
ton are DESTROYS of removing to more con-
venient location, and erecting new church
out of the proceeds Of the sale Of their present
church property. With this in view, the
church two ysaEs ago proposed to the Corpo-
ration to unite with them in the sale Of the
property, and to allow the Corporation one
full quarter Of the proceeds, fixing the mini
mum price at S225, 200, which would yield to
the Corporation at least the sum of 1850,
and subject the whole to future taxation. On
the recommendation Of the Commissioners of
the Sinking Fund this proposal passed the
Board of Aldermen, and hitherto the Board Of
Councilmen have not concurred. The church
having waited patiently for the final action of
the Corporation, and being disappointed in
the delay, applied to several gentlemen OF high
legal attachments to ascertain their precise
rights, and have been advised by all Of them
that the words in the condition do not prohibit
the appropriation Of the premises to any pri-
vate use which is not secular, nor to any secular
use which is not private, and that they might be
sold for post Office, custom house, court house,
&c. The church is advised, also, that they can
sell the ground in fee simple discharged of any
burden imposed by the grant, except the au-
nual rent, provided the proceeds Of the sale be
applied to the same uses as those specified in
the grant. If this be SO, the church do not
wish to exact their full legal rights; they are
yet willing to carry out the above proposition
for sale. Those who differ with the church
in these views contend that the church having
enjoyed the property so long at so moderate q
rent should now be willing to relinquish it
upon more favorable terms than those offered.
The church reply that they only wish to be re-
established in respectable manner in another
and more convenient location, where they pro-
pose to erect new church edifce, which shall
be public ornament to the city. This seems
to be the real state of the case.
As it is, the city can never acquire greater
interest in these premises than the annual rent
Of $53 II without the consent of the church
The rights of the church are fixed, and the pro-
portion which it asks on sale will only ena-
bic it to purchase new ground and erect new
church and lecture room, and give to the pre-
sent pew. holders the same rights in the new
church.
On review of the case, it seems to us that
it twill be for the interest of the city to accede
to this Offer If what we hear is true, the pro.
portion which the city will receive on sale
will probably be more than 100000 cash, and
all the property when improved will become
taxable, and be worth not far from million Of
dollars. The ground has been considered as a
favorable site for the new post office, and the
matter should be settled in some way at once