The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-23
HARLEM FLATS.
History of the City's Attempts to Sc
cure a Title to Them.
TWO CENTURIES OF LEGISLATION.
Why the Descendants Of Baron WaldrOn Believe
Their Claim To Be Just.

The repeated attempts of the city to secure pos
session of the unoccupied lands Manhattan
Island and the persistence with which the authori
ties maintain the right of the city to possessionin
the face of what clear and undoubted
veyance, reconveyance and confirmation to others,
and the reservation in the charter, from which the
city derives all its powers-haye excited no little
public comment from time to time. The HERALD
has endeavored to keep the public advised as to the
movements Of the parties claiming title to all such
lands, and history of the legislation bearing upon
the lands in question is given below
As early 1907 the authorities of New York set
about procuring legislation, the hope that the city
might control of all lands covered by water.
In that year legislative enactment was made by
which the city led to believe that 1t could take
all lands outside of the tdeway In February, 1896.
bill passed entitled IAN act in relation to i'm
provements in the city Of New York., and to carry
out its provisions the Governor caused the following
to be issued
THE PEOPLE s nv sT.rs INV Yosx, G G
Whereas in the first seston Of the &C. entitled AN act
february 5 sSs It is enacted q follows to wiiBo
% h' "a and fhc Assembly sM
81 f Il. ss sy % the IS s:s
q ne s III t.. ls b na cf o
ali the and Of tie people Of the
sSs ss s
laads q The said Mayor xdeTmsn and So%@onrliy
s as and thinning n c ns
1s@ Ssa s:sss 's
therefrom north along the eastery shore Of said river
Creek
Aldermen and comnonay at and , from low wser mark
ae north from oorsar Hook and exsendae shsrefro@
Sound to spuyten Dssv Creek otherwise called Harlem
River provided always that the proprietor or propretors
all grants the Corporation Of The said any
lands under water granted TO the said Corporation by this
Now therefore in order into effect the provisions
granted and confirmed and by do give
the city Of New York ali aforesaid pieces parcels
and n the ad city Se a
said section is above mentioned together with all and sin
same belonging in wise appertaning to have and
ss e aS and Il s s;y s
York and their good and ndeeasbc estate
In testimony whereof have these letters
Wiz Sf s
enor Of said State general and of
city ss ssy Of Ct The h. e our
LGs s2 and in the '0 year 81 0q W DSf6s
Il s ssst q & ::.l
have . examined the preceding letter patent and do
SAMUEL A. TALCOTT, Attorney General
STRENGTHENING THE TITLE.
This patent. although broad in all its provisions
and apparently covering all lands Incorporated
Manhattan Island and the waters adjacent thereto
not accepted sufficient. but additional legislation
sought from time to time until the statute books
were loaded down with different enactments touch
ing the water fronts Very little done by the
city the cast side uutil 1864 when it assumed
ownership Of the river lots and commenced the sale
of the same and gave its title deeds consideration
of sums varying from $500 to $4,000.
In 1870 the Ring then controlling New York, be-
eving that additional legislation would strengthen
the title of the city. appealed to the Legislature for
further enactments, and another bill, similar to
that of February 25 1926 passed. Governor
Hoffman signed it. and more patent added to
the list already large conveying all the lands COW
cred with water from the Battery to 2l6h street. on
the Hudson River; thence in convex curve to .
point on the Hudson River Railway Bridge crossing
the Spuyten Duyvil Creek. and the Harlem River to
Harlem Bridge at Third and 130th street
also from the pier at Staten Island ferry to Harlem
River Bridge, at Third avenue.
FLATS
The filling in Of the Harlem flats above Ninety
first street. and the attempt to sell the lots laid off
thereon followed the legislation Of 1870; but the
following clear and comprehensive opinion of the
then Corporation Counsel, OGorman, soon put stop
to these proceedings
Cry or NEW YORK, Law DETACHMENT
OFFICE OF COUNSEL TO TIKI CoRroRaTos,
Hon. Rica,np b. coxsoLLY, Comptroller &c -
DEAR sinr have the honor acknowledge the receipt
whether IN Harlem Rve between ne
BY the % 10 ,se 81 an % hs ARE
tiers and grants vesng the city with the title TO land
IN thereto beg say a claim on behalf Of
The third secionof the Dongsn charter !" I'D Apr i;
which Tie Corporation the city YORK ali
sns %ha he e q S r"a
mark, &C., heretofore granted BY any The former
I srneS %.yc4. Or q ecss ya.
the said ely IL.
Pn May NC Governor Se saisn srsned and con-
successors and assigns forever large tract Of land
the land % Manha"n Island G yns sastsnd
aud nostlward of line commcncng the East River
running due north until il strikes hudson at the
marshes waters asRlng sc oggs island is now called
Biackwels Titles Of Corporations vol
Another patent made to the sad inhabitants &C. Of
land, and the sae privileges were embraced in the
the force OF %
granting an s words 7,n 20 q M the patent ,si.
the patents grants TO the said inhabitants OF Harlem
Book of Patents, No. q 1872 in Office Of Secretary ~
ina nossp.nr a aS NEW ,;"
lands OF the then town Of Harlem aud the then city Of New
YORK were definitely settled under Colonial of 1114
laws OF l714 ITO pages III and 173 also Valentines
Law page 1866
The division line began the East River. about Sew
entyourth street seventy ninth
street and the Hudson River about I2,th street.
Seond-lhe lands III question marsh meadow lands
lying along the Harlem River above the original high
water line aud not between tho lines of high low
They marsh meadow Land The old maps
q the city wide Commissoners mep 1907 Blue Book
maps Dripp's ap ~ the city Of New York. 1853, complied
from surveys OF Randall and BlackwciD
The grants 10 said inhabitants &c., of Harlem in
soils and ~ my opinion, embraced all lands whether
marsh meadow lands to the ordinary line high
of the East Harlem River, although the same
sometimes and ~ unusually high tides partially wholly
submerged uttgers VI. Jones, I Wendell, 23Tl.
Tho term marsh meadow used IN the Nicos charter
tpntcn OF 1866 to be and dcsig
naun Of land situate the lands in question These
lands claimed by the said inhabitants &c Of Harlem
under the grants and patents above mentioned
conveyed ny them IN the year 2 The competency Of tho
inhabitants aud frceholdefs Of Harlem to take hold and
land recognized and approved by the colonial
Legislature In the enactment Of the law Of i77f above
fefrcd TO- by appoint define the
dacs thereof aud subsequently, By the Of o whereby