The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-08
HARLEM COMMONS.
The Line Fixed by the Colonial
Legislature in l774.
DEEDS TO WATER LOTS.
Names of Men and Women Who
Hold Titles from the City.

The articles which have appeared in the HERALD
during the past week directing attention to the
claims the waldrons. La Montagues and other fam
lies 10 certain portions of Harlem have occasioned
some uneasiness the part of those who have pur-
chased lots in that section Of the city BY the Mic
pills and Dongan patents two separate tracts were
conveyed to Thomas Delavall. Resolved waldron
Iohn yeryeen, Daniel Turner. and Joost Obleye and
heir associates. tract being for cultivation and
The other designated common" for pasturage,
'or the use in common of all the inhabitants The
line of the principal tract, dividing New York from
Harlem, extended from point on .'Hogg's Island
now Blackwells Islandl, northerly across the East
River to point at the foot of what is Seventy
fourth street, crossing First avenue at Eightieth
street. Second at Eighty-third street
Third avenue at Eighty-sixth street Fourth
at Ninety first street, Fifth avenue
at Ninety-sxth street Sixth avenue at
l01st street, Seventh avenue between l05th and
i06th streets, Eighth at 1loth street, Ninth
avenue ll5th street Tenth at 10th street
and Eleventh avenue 12ith street where it crossed
what known Round Meadow" and ended at
the Hudson River-embraeing all OF Manhattan
Island north and east of such line. and including
Great Barren Island NOW Randalls Island and Little
Barren Island NOW Wards Island. with all the
water courses The soealled common land was
narrow strip lying west of this, and to this
land no claim Is made by the descendants
Of the original patentees. because. by the
action of the freeholders at a public meeting the
sale of such property under the act of 1920 fully
approved and conveyance made in accordance there
with. the boundary lines to both tracts having been
fixed by commissioners appointed by the Colonial
Legislature in 1II4. The main portion, now in dis
pute. is what originally marsh and meadow
land in the main tract and the water front from
Eghty-fourth street East River, to High Bridge.
The original patentees and their associates who
aided in the formation Of a town and who thereby
became the original owners were Thomas Delavall,
Resolved waldron, Daniel Turner Jost obeveus
Adolph Myer. John Spragge, Jams Hendricks Bre-
wort JAMS Dc1amater. Isaac Delamater. Arient Har-
mause, Cornelius Jansen, Jackelyn Turner, Hester
Delamarter. Abram Montenier. Peter Marmouder,
Lawrence Jansen, Barent waldron and william Wal
dron. sons of Resolved waldron and Johannes yer-
milyer, Peter Van obeveus Johannes Dykeman and
Johannes Maggie, sons-in-law of Resolved Waldron.
HEREDITARY CLAIMS.
The descendants of these contend that the marsh
and meadow lands aud the water fronts 10 low
mark never conveyed by their ancestors aud to
this they accordingly lay claim. 1t is held by them
that the words, every part of the RIVER which
this island doth abutt. conveys to low water mark.
aud. while il is admitted that the city Of New York
derives all its powers from the Dongan and Mont
gonerie charters, they point to the Dongan charter
which expressly stipulates that the inhabitants Of
Harlem to whom patent had been given should be
forever protected in their rights. privileges and i'm
uunities then and formerly enjoyed: that the
limits of their patents should extend to low water
mark and take in all the water courses and that they
should continue to enjoy the same without let
hindrance in ample manner as II the charter had
not been made.
IN action in the Supreme Court in which the
city is plaintiff and Henry Hart and William Rensen
defendants. an action in which tho right of the
.ty to water front along the Harlem River is made
part of the issue Mr. Clarkson n Potter of counsel
FOR defendants. propounded the following questions
us it to be supposed that after the State has always
insisted upon rcserving-unike the colonial govern
upland owners the presumptive right TO all water
grants in front of them. it abandoned without
this just and long established policy at the Harlem
River and gave to the city because of its rights 10 the
tide water alone, absolute power to disregard the
the first and only time in the history of the State at
the only place upon the island at which the right Of
the city was in dspute?"
CITY.
Since 1864 the city has made conveyance of the fol-
lowing tracts claimed by the descendants OF the
original patcntees viz.
Ninetyhrt streets W O. shielander the block
three blocks between Ninety aud Ninety
ss 's Block GGsss @ and 4 sne ln
Bryan block between Hath and 18th streets Harlem
Henry c@Ian block Ss,ssen th and and d
penn LodSr block between ss 18th and iais streets
il1th streets ms st,eibsghs and others, block bs,
10y foot = ialth street. R. Kelly, et foot d
il Mccoy aud sysenas Ferris. half block between ii7th
and llsth Esha Nelson half block ll7t
between Ilssh and len half block
between sStI and l2th streets Benjamin ! judah part
Of block i2th aud l27th streets Daniel z nrra
Mr. and K Zane 4a s4. and ea s
" Il cowa half block between ? sh a and ih
IL ar r oa Foot eo s ear o. a
fsemsen, block between 39th and ISIS streets; Ugh
Baldwin and NJ r Coolidge block between ath aud s5th
streets. Lucy l. b"sn Jphn coeSSsn and william rni PHI
Florence. blocks between l5ist and 18TH streets
between i5s and iss streets william Lynch blocks locks
between 18Th and Joh streets; Richard r. Carman
iI4th 70 l7s'h street, adjoining Iiighbridgc
DONE.
Five or stA years ago one Alfred H. 1ilton, who
connected with private bank Liberty street and
who had Invested largely in southern claims. saw an
opportunity. as he believed. to control Of the
lands in dispute and he set about the task of securing
quit claim deeds from al the descendants of original
patcntces by giving in exchange therefor his bond
STIMULATING that he should pay TO the grantors
the one-haf OF all money received after successful
issue, he to be permitted 20 secure settlement by
compromise or otherwise and to do what he thought
BEST in the premises Mr.. Tilton employed a
man at monthly salary to hunt up the repre-
sentatives. and the matter dragged along without
anything in the way Of legal prosecution until the
spring Of 1877, when Mr.. Tilton died. At that time
De- had secured six hundred quit claim deeds
but Of them were placed on record and as his
estate not being administered upon in New
York the legal representatives Of the old settlers
camored FOR the return Of their conyeyances. After
considerable hesitation Charles r.. Tilton brother
Alfred concluded to return them, and they now
being delivered up. Since then other parties in New
iorh VINO are personally Interested nave been pOr-
ing over me musty records and have gathered to-
gether all the material upon which 10 found a claim
except the record II original farm lines the record
ct the division of the tract originally set
apart by the twenty three freeholdcrs Where
these records are II they have not actually
been destroyed or lost, q still mystery.
IRON al investigations made IL appears that to the
Wadron branch ~ the original patcntecs were APP
poriinfed all the lands Of Third avenue and
much more on the west " that thoroughfare and
upon them Will devolvc nearly all the labor bring
ing about final settlement Of this question 50 i'm.
ms well IA tn
Who have invested in real estate in Harlem
The large tract north Of Ninety second street which
was Oiled IN by the city several years since 1.-THE
authorities then intending 10 MI depleted treasury
BY sales Of marsh and meadow land converted to
the IF the ethyl is lying "a barren waste, in
consequence Of the opinion given by Richard Ot,or-
man, while Corporation Counsel, that he unable
10 discover IN the various charters Of the city or In