New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-13

nent. They ordered thes clerk 70 give lease, such
s, and they gave Il, Find then Mr.. Atorney-ien,
tral ss down. as Mr.. Ta lor tells in his affidavit aud
wires 20 the tenants, You atorn Taylor AID
Brennan. They ara Your landlords, attorn 70 thsa'
You VIII find that Sir in his affidavit Here we havethe
LESSEE AIMED with q mseive 10 the tenants 70 commit
against The city, and yield themselves 70 new
landlords Well, your Honor knows, Mr. Taylor
cones home and mn ediaelv printed this notice OF the
AtorneyGener al and sent il round TO every tenant
to all tkoee old women who pedde cabbsges. and tur-
nips, and par nps and get 10 good hving as they
cam and ago TO AL of the other sex who bave put up
htue sheos upon the property. ihere Wa an MpSA
sde sxSectual by threats Of the vengeance OF the
State and through the law officer OF the State, the
Attorney General Well, your Honor, 1t s the nature
Of peope-squstter sovereigns or not-lt the na
ture of our people repeat VIXEN they sit down any
where aud some body 10 order them ofdoors,
or away from their httls and shops il Is their ma
ture to resist and these tenants did resist aud tayr
a. Brennan could not get possession Here let me add
ii the Court pesse that it is the frs. time in the history
of this great State that officers ever sold law sn
There other that practice champerty put 70 tne
credit of the officers of this State let me say II Is Tue
first instance believe on record where they ever
sola Law, uit--where the State ever sold lawsuit
Now, what did they put In the lease a cooenaH. oI
quiet eajos That was not stipulated In the
bond; bot the clerk put it in and this 10 the bass OF
he claim afterwssd 10 wit If you release from this
covenant of quiet enjoyment we give you AL Ing o'cs
rents AID property. i invite yoor Honor 70 search
the records Of public acts Of TINS sss'e an see
he officers of this State. II my memory does not
strangely fail me-aad it maybut If II does not it Ii
Ire rst covenant for quie enjoyment which is 70 be
tSs stste Of New-York l have signed good many
r.tents IN my day, aud have no recols OF any
snch covenant as that. There used to be provision
made by law nat wnsss nss ers made Board who
In behalf of the State made compensation to the grantee
from the State not the ground of covenant but on
INC Nv yonr Honor. think the Commissioners man.
;fe,,ed little too much zeal In this matter The or1g1-
nal ease was given on the oath Of April 1885, SIX Gays
sjterward on the 30th Of that month, the term was
extended upon the same terms until ,ne
Wiss direct. Your Honor wiz lind that resolution at
folio $40 Of our papers.
The Court--All this after the original lease =,
Judge Bronson-Yes, Sir on me ocsn OF APr,i.
Cor one wear and they had fully executed the power,
ifthis property was within that pc yer, which we
totally deny. They executed The power and then, sx
DAYS ssterward they sat down and rented it until
the premises be dPosed of as required by law, or until
this Board otherwise direct" Well, these squatter
tovereign. not having quit the premises under the
notice Of which have spoken, on the l4th OF May OF
she same year Taylor and Brennan bring their suit
against the Corporation and the tenants On the 2tth
May twelve days afterward they invoke the aid OF
the people of this State and join them as PLAINTIFF
and the name of the Attorney General IS used TO light
the battle of the lessees Mr. Van Barren comnis-
sioned TO take charge of this matter behalf Of the
State; and we learn here to-day from my learned
friend that, in addition TO what MIR. Van Buren,
WA doing, he himself was employed by the State to
fight the battles Of TAYLOR and Bfsaean Well, now,
on the 30th Of July, 1853 little more than month
after they he'd thus parted with The property OF tue
State worth slOS OO0 for IS 600 year. they assign
Taylor and Brennan all the back rents all the claims
and demands that the people of TINS state nave OF can
claim upon this property. Now, Sir, though these
Commissioners are not here these things were spread
upon our papers, and these papers were served upon
the present Attorney General weeks ago, and they
have been seen, doubt not by those who were form.
ery Commissioners Of the Land Office; and to all this
there Is no response, And whyl Because no honest
response could be given. That is my honest Judgment
about ithst is my inference. 1t gives me no pleasure
1T gives me the deepest pain 20 speak of these things
but say again, your Honor, that have duty TO per-
form, and win perform it fearlessly, and az well
as know how and my strength will permit Well
the 9th Of August, less than month afterward--
this was thought going little too far and did not read
wel-os the oath of August they sat down and recon
sdered the resolution and coufned the assignment Of
rens those which should accrue during the running
of the lease That is cOmmendable if your Honor
peases for il lie ALWAYS copimendable TO get out of
wrong position On the 18th OF August they reviewed
and reconsdered the resolution of the 3h OF July and
restricted the right to rents and profits during
the running Of the lease; yet wonderful 10 say, the
plaintiffs Taylor aud Brennan tried case, and recov
cred Judgment for $456 600 damages against the city
without shadow of authority for that recovery. The
resolution which gives the assignment had been
voked more than q year before the action was
brought. The summons is dated the 9th of Octo-
the hack rents sccruing before 1850, and in that
action they recovered S486,000 when there was
not shadow of authority TO maintain the action
n all. No matter whether Taylor kaeW anytmng
about il or not. They recovered this S4s6 600 when
there was not shadow Of authority on the record Tor
recovery, and yet SIR, these are called TRIALS NOW
ought in Justice to my predecessor to say that IN his
afdavt he states he did not know OF TINS resolution
and there is nothing to contradict that Sir the reso
ton had been adopted fifteen months before the action
was brought, and was II not the duty OF careful
jealous pubic officer, xous to defend the rights OF
the city-was it or was not his duty TO inquire what
prior proceedings had taken place at Albany, where
something il always going on about this city, and TO
see If something had not TRANSFERRED which might ASSIST
his dsfense7 Well, pass over all aoon, tne he
ceiyer and the injunction and demurrers and the small
items, and come to something more worthy OF notice
not that these things not worthy OF notice, but
because have not time to speak OF them at length.
In June 1859 the suit discontinued against the
CORPORATION and Mr.. Van Burenn informs the Attorney
General that he had learned from the decision OF the
- Court that they could not maintain joint acton ana
had Discontinued the suit against the City. On the
18th Of February that stipulation TO dismiss these par
ties tine Corporaton from tue record was made rule
of Court and there stands to this day uureyoked and
unqnestioned. The Court ordered the Corporation out
of Court, and my associate, Mr. Anderson, informs
me that as appears the papers IN the case Mr. Ire
maine communicated this fact to the Senate IN March,
1859. Now, then, we get TO point where these de-
PENDANTS are Of Court and they are out OF Court
not ony By the consent of the parties but by the order
of the Court And whether that order was regular OF
irregular, it stands good until it vas revoked. NOW
GOOD deal was said by my learned friend in the
of his remarks upon the informaly OF this proceeding
and il was said that Judge Roosevelt held that they
were irrecularly out of Court. Well, what if they
were so = What has this Court to do witAtl They
are out of Court by the order Of the Court and whether
regular or irregular that order stands utn III ,b;nS
as that II is not to be found In his opinion or IN s
Judgment. - I.,,,o pooso-