New-York daily tribune., 1861-12-28
rFuE GANsEvooET pURCGsan,

THE GANSEFGOk5H PGBCEsfG'
TIE question of the purchase Of the Fort
Gnuseyocrt property, BY the city, comes up to-
NIGHT in tho Board Of Councllmen. On Thurs
day night, it was hurried through the Board
of Aldermen with such indecent haste that one
unfamiliar with the history of this transaction
would inevitably conclude that the subject was
one that could bear only the hastiest action,
and was intolerant altogether Of any talk. 1t
is not often that member Of legislative
body is called to order, and the point sus-
tanned by the chair, because he deliberately
states that an attempt has been made to bride
him on the measure then under consideration;
but when such an occurrence does happen, u
is rational suppOsiton that the honorable
members do not need for Themselves, and do
not desire for tho public, any further inloTma-
ton upon the alleged corruption. They bave
strong filth in that law Of nature that prompts
TIC covering up of oil unpleasant things But
such was tho course Of the Aldermen; should the
measure be passed tonight by the Counclmen,
the fact viii be recalled, whatever else may
happen, that a meeting Of that Board on q
Saturday night is an almost unprecedented
measure aud one that must have been brough,
about by some unusual pressure.
Should our citizens wake up on Monday
morning TO hear that the Fort Ganseyooit
property again belongs 10 the city, t.ey may
Ike 10 have their memories refreshed IN re-
calling the scyeral steps of that little transac-
tjop. This tract, theD for whose rePurch"so
we are about TO lay out nearly half nihon
of dollars, has these two peculiariues: first,
IL was nine years ago sold for price which
admits. at the sum now TO be paid for it, OF
a profit Of rather more than FIVE hundred per
cent on the capital inyes,ed; and second, 10
this property on which the city submits 20 pay
an advance go enormous, il has never legally
parted with the title. and Judicial decision
could. without doubt, be obtained which would
restore TO us what we have alienated so fool
isbly-to use no harsher term-on payment Of
the original purchase money and tie interest
thereon. Nor do we make there statements
unadyisedly. Before us is tho decision ol the
Court OF Appeals made less than month ago
in the case OF Roosevelt Sc. Draper ct al, and
to that report we refer TO sustain us in orr
allegations. This action Of Roosevelt was
brought it should FIRST be explained, that tie
original conveyance by the city Of The Ganse-
WORT property be- set ssde, aud it was de.
cided against him. II was decided against
lin, however, not at oil on tie merits of the
real question at issue, but simply because the
plaintiff did not es private citizen represent
the whole puslic--ihe party claimed TO be ag-
grieyej. The defect in the action was the
want Of proper party plaintiff. Had the
Corporation. representing tho city, been before
the Courts instead of an Individual citizen aud
taxpayer, representing nobody bat himself, the
result would have been Of quite another char
acter. AI these facts tie majority report Of
the Board Of Aldermen Oh the subject il very
careful to keep out Of sight
To 90 back now TO the original sale which
Mr. Roosevelt endeayOred thus Intellectually TO
have set aside. 1t was made in December,
1852, for $3.50, GOO, OF which sum sac, 900 was
to DO paid in cash, and Sl2O,OC0 to remain on
bond and mortgage. But about this sale there
we're two Illegal features. One WAS, says
Judge DEMO of TIE Court Of Appeals, in rem
delDg the decision of the Court in the Roose.
yelt case, "in the reservation of interest at
- the rate of only six per cent when TIE ordi-
40 nance expressly requires TINT seven per cent
" should be reserved upon all bonds and mort.
" cages taken upon grants made by virtue OF
" the ordinance" This is the first point Of il.
Legality to which, says Judge Demo. II have
- not heard any answer;" and perhaps it may
be- considered as aggravated by the fact that
no intereat whatever has been paid upon the
mortgage since it was made. Tho second point
is that the sale was made to Simeon Draper,
Il Governor of the Aims House. Z" am Of
" opinion" says Judge DEMO, in the sare de-
cision, "that Mr. Draper, as Governor OF
- the Aims House, was forbidden by the City
{" Charter to be concerned in such purchase"
l" an may aeM be that he city eonh
" maintain an action 10 nmpeaoh The eoareyGn:e
" rs JciHg made contrary 10 lar in his respect"
On this point one OF the Judges, Mr.. James,
dissented; but with this single exception, the
whole Court agreed. Every member of the
Board of Councilmcn, therefore, who votes to-
night-as every Alderman who voted on Thurs
day nigbt--fOr the purchase Of the Fort Ganse-
WORT property, votes to pay nearly five hund-
red thousand dollars of the citys ? n'>- for
that which, according to the Court o. Appeals,
the city has never legelly parted with, and
which it can have back again, on the repay
ment OF The $4,000, with the interest and ex-