The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-22

hained. In pursuance OF TINS RESOLUTION cohtrace
was made with Mr.. Drew, under which the work
u now progressing. The contract provides that the
nhng IN shall be done In accordance with the spec.-
ncatf0nn and profile maps and surveys on ME IN the
Street Commissioners ONCE ON reference to taese
documents, wbicn are now IN the possession OF Gen.
eral Eghert L. yiee, the having charge and
" appears that she space at the southeasterly END
anu Immediately adjoining the staten Island Terry
per on the west 70 the extent OF 200 feet on tue m
terror and 400 the exterior line is excepted from
the provisions Of the contract agreeably TO the act
be coded TO the United states Il, IL will be seen,
entirely within the limits OF this reservation, with
me exception OF small triangular gore at the norsa-
UNITED STATES BARGE OFFICE.
AZ ths stage OF the case an act was passed by the
Legislature, on the Both OF April, 1885, authorizing
and directing the Commissioners OF the Land once
OF the state TO cede and convey the United States
all the estate right title and interest the State to
so much and such portion portions Of the eastery
end or extremity OF the land and lands under
water commonly known the Battery Extension,
IN the city OF New York, with the open slip or basin
at the eastery END thereof, as may be required by
the United States not exceeding $50 feet aud neces
sary for the purpose OF erecting and establishing
barge ONCE and other suitable buildings and struc-
lures for the transaction or the public business
nected with the United States revenue service and
| for the landing OF revenue and other government
boats and Darges for the use, conveyance and ac.
| New York. The second section OF the act
empowers the city authorities 10 convey To
me unitea states, upon suen Terms ana
authorities oil the United States, all their estate
right title and interest Of In and TO the same lands
premises and appurtenances, and the slip OR basin
eastwardly adjacent thereto, for the same objects,
usea and purposes as expressed In the above men
toned 1rst secton; and also 10 further cede, grant
| and convey TO the United states right OF way or
passage OF not less than seventyhye feet IN width
| from the aforesaid lands and premises over aud
across tho lands adjacent thereto known az the Bat
| from Whitehall street. in said City.
The Common Council Of New York, by resolutions
passed IN December, 1866 and duly approved by the
Mayor AFTER recitlng that survey OF the premises
proposed to be conveyed had been made by city
surveyor and that the same, "a shown by said sur
| vey, were bounded and described as iolows:-Com'
| mencng at point in tue old Battery wall distant
| go feet IN q direct line westerly from the
intersection OF the easterly end or the said wall
with the pier on the west side OF Staten Island
ferry slip, and running from thence normal line
distance OF about two hundred and thirteen feet
six inches TO the interior line OF the proposed Bat
/ terry extension as established by the Harbor Com.
mssioners: thence along the aforesaid exterior line
eastery the westerly side OF the pier the west
| crly side OF the Staten Island ferry slip; thence
northerly along the said pier for the distance OF
about two hundred and twenty feet to the intersec
l ton OF the Old Battery wall with said pier; and
thence westerly direct line 10 the place OF begin
1 ning therefore authorized and directed the Mayor
! and The Clerk Of the Common Council OF the city OF
| New YORK 10 execute and deliver TO the United
States proper deed of conveyance, to be approved
! by the Counsel 10 the Corporation OF said city, Of
the premises described and also OF the right OF way
/ over the Battery 10 whitehall street, - above
1 described.
| no AND CHEAP THING FOR THE GOVERNMENT
The above conveyance was 10 be made for and
/ upon sucn pecuniary consideration, nominal or
| otherwise, as might be agreed upon by and between
| the United States and the commissioners OF the
| Sinking Fund.- and upon the proylso and condition,
| to be embodied III said conveyance, that the said
| lands under water, or 30 much thereof as may be
required by the United States for the purpose aore
| SAID, shall be filed In wholly by and at The expense
1 Of the United States and the aning In and con-
sructon OF exterior wall OF the Battery extension
I in front OF the lands conveyed shall be made by
and ut the expense OF the United States. such exte-
roF wall 10 be OF equal character and quality 70 thai
J in front OF the other portion OF the sad Battery
extension. and upon the further provlso aud con-
dition that staircase shall be erected by and at
| the expense OF the United states at some
| convenient place upon the premises for the
| accommodation OF boats crews in the service
| OF the War NAVY ana Post ONCE departments ana
or foreign national vessels; and also upon the pro-
viso and condition that the said right oil way across
tue Battery shall not be inclosed but shall always
continue 10 be an open way, aud also upon the pro-
yso and condition that the title thereby conveyed
shal revert TO the city whenever the said premises
shall cease to be used and occupied by the United
| States FOR barge Office and other buildings and
structures for the transaction OF public business
nected with the United states revenue service and
\ for the landing OF revenue and other government
boats and barges Tor the use, convenience and
| accommodation OF the United states Custom House
! These resolutions were laid before the Commits
stones or the Sinking Fund at q meeting held by
them at tue once OF the City Comptroller on the SIN
| OF January, 1861 ana i resolution was passed by
them liking the consideration OF the conveyance az
the nominal sum OF i've dollars, and the Corporation
| Counsel was Instructed TO prepare the deed
4 A RAISE IN THE PRICE.
The Corporation Counsel declined, however to pre-
4
resolution and in communication addressed 20 the
Mayor on the 9th Of the same month, his opin-
ion In the case. He held that the premises proposed
TO be conveyed part OF the property OF the city
pledged by the ordinance OF the city Its creditors
| for the redemption OF the public debt, and that it
could not have been the intention OF the Legis-
| iature by the act OF 1866 to authorize such
| conveyance 10 be made for merely nominal
/ consideration; and II Il did 1t was unlawful. Tie
| ordinance OF the city referred 20 by the Corpo.
| ration Counsel WAS enacted ~ February, ls4s, aud
| provided that all moneys received from certain
/
belonging to the Corporation when sold were thereby
pledged 10 form a tuna for the redemption of the
puDlic debt OF the city. In reference to
| tue appropriation OF tue real estate Tor the
public purpose sDeclned. the ordinance Is In
these terms:-"The Commissioners or the Sink
Ing Fund are hereby authorized to sell and dispose
oil all real estate belonging TO the Corporation, and
not in use for or reserved for public purposes at
public auction at such times and such terms as
they may deem most advantageous for the public
Interest," In opposition TO the views OF the Corpo.
ration Counsel It was urged that the premtses-being
part OF the Battery grounds, which by the act OF
| 1871, above reclted, were TO remain for public
walk and for erecting public buildings aud works OF
defence thereon, without any power OF sale dis
/ position bJ the citywere therefore undeniably
part OF The excepted lands referred 10 in the ordi-
nance as In use for or reserved for public purposes
| and that they could not, therefore, be sold to
| pay the public debt, and had no marketable
raj government was Sy the terms s"e OF the
proposed conveyance 10 be at the expense or filing
IN the ground and OF erecting expensive public
buildings thereon and constructing sea wall all OF
which might finally revert TO the city IL the premises
should to be used for the purposes OF the
Custom House. ample consideration would thereby
| be paid by the government Ap answer TO this view
the matter may possibly DO found IN the fact mot
adverted to by the Corporation Counsel that by Inc
act OF May 1865 above referred to- ferry slip aud
basin OF 200 feet wide In the interior line along the
old Battery wall and 400 feet along the exterior ne.
i were authorized TO be constructed and to 10 held
| and possessed by the city in the same manner as
other ferry slips and franchises covering the pre-
misses In question. The MISTER OF the Corporation
Counseis objections was again Laid before the Com
| missioners OF the sinking fund, al meeting held
BY them at the Comptroilef's ONCE. February 10.
i 1867. A resolution was passed modifying the previ.
! Gus resolution and making $4,000 the price. The
state by indenturs dated February S. 1857, in pur-
! susnce Of the act OF 1865, granted 10 the United
states all the estate, right title interest OF the
people OF the State 10 the premises IN question. The
form or the proposed deed TO be given by the Corpo
ration OF the city has been approved by the Corpora.
| ton Counsel, az provided in the ordinance above
| reclted, aud only remains TO be executed by the
proper authorities and delivered upon payment OF
La nm Of nNn hr llfnia M